Submission to the Senate Community Affairs Legislation Committee
National Disability Insurance Scheme Amendment (Securing the NDIS for
Future Generations) Bill 2026
Executive Summary
This submission acknowledges the Australian Government’s commitment to ensuring the long-term sustainability of the National Disability Insurance Scheme (NDIS). A financially sustainable NDIS is essential to protecting the Scheme for current and future participants. We support reforms that strengthen governance, improve consistency, enhance integrity, and ensure public confidence in the Scheme.
However, sustainability must not be achieved by diminishing the rights of people with disability or by reducing access to reasonable and necessary supports without the availability of appropriate alternatives. Legislative reform should reinforce the principles upon which the NDIS was established: individual choice and control, early intervention, equity, independence, and social and economic participation.
While the objectives of the Bill are broadly supported, significant concerns remain regarding the proposed legislative framework. In particular, the Bill delegates substantial policy matters to future Rules, introduces uncertainty regarding eligibility and assessment processes, and proposes reforms that may unintentionally disadvantage people with complex, fluctuating, psychosocial and lifelong disabilities.
This submission recommends amendments that preserve participant protections while supporting responsible stewardship of public resources.
Recommendation 1: Strengthen Scheme Sustainability Through
Governance and Integrity
The long-term sustainability of the NDIS should be achieved through improved governance, stronger market oversight, and effective fraud prevention rather than through measures that unnecessarily restrict access for eligible participants and through predominantly cutting much needed funds for participants to achieve life goals with dignity.
There is widespread recognition that improvements are required in provider regulation, market stewardship, pricing oversight and compliance activities. These reforms have the potential to achieve substantial savings while preserving participant outcomes.
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Accordingly, priority should be given to:
- mandatory registration of all providers delivering NDIS-funded supports;
- strengthened compliance across all providers
- greater transparency regarding subcontracting arrangements;
- enhanced fraud detection and investigation capability; and
- improved market monitoring and quality assurance. Protecting participants and protecting public expenditure are complementary objectives and should be pursued concurrently.
Recommendation 2: Preserve Fundamental Participant Rights Within
Primary Legislation
A significant proportion of the proposed reforms rely on future National Disability Insurance Scheme (NDIS) Rules to prescribe matters that are fundamental to participant rights, eligibility and access to supports. While subordinate legislation provides flexibility to respond to emerging issues, it should not be relied upon to determine core policy settings that have a direct and substantial impact on the rights, entitlements and obligations of people with disability.
The Bill proposes that several critical elements of the Scheme - including eligibility criteria, functional assessment methodologies, planning arrangements, support classifications, and other matters central to participant access - be determined through future Rules rather than being clearly established within the primary legislation. This approach creates considerable uncertainty for participants, families, clinicians, providers and the broader disability sector, as the practical operation of the legislative framework cannot be fully understood until the supporting Rules are developed and implemented.
The delegation of these substantive matters to subordinate legislation also reduces the level of parliamentary scrutiny ordinarily afforded to primary legislation. Unlike amendments to an Act, Rules may be amended more readily by the Executive Government, potentially resulting in significant changes to participant rights and Scheme access without the same level of parliamentary debate, public consultation or legislative oversight. Given the importance of these matters to the operation of the NDIS, greater certainty and transparency should be provided through the Act itself.
Legislative certainty is particularly important within a scheme that supports some of Australia’s most vulnerable citizens. Participants, their families and service providers require a stable and predictable legislative framework to make informed decisions regarding access to supports, long-term planning and service delivery. Ongoing uncertainty regarding future Rules has the potential to undermine confidence in the Scheme, increase administrative complexity, contribute to inconsistent decision-making and generate avoidable disputes and review proceedings.
Accordingly, this submission recommends that the Committee give consideration to strengthening the Bill by incorporating the core principles governing participant eligibility, access to supports and assessment processes within the primary legislation. Matters that fundamentally affect an individual’s entitlement to participate in the Scheme should be clearly defined by Parliament, with subordinate legislation reserved for operational and administrative matters. This approach would enhance legislative transparency, strengthen accountability, provide greater certainty to all stakeholders and better protect the rights of people with disability.
Recommendation 3: Recognise Clinical Diagnosis and Functional Capacity
as Complementary
The assessment of functional capacity is an essential component of determining an individual’s support needs under the National Disability Insurance Scheme (NDIS). However, functional assessment should complement, rather than replace clinical diagnosis, longitudinal clinical evidence and the professional judgement of suitably qualified health practitioners.
The complexity and diversity of disability necessitate a comprehensive, multidisciplinary approach to assessment. Many disabilities, including psychosocial disability, neurological conditions, rare diseases, developmental disabilities and progressive or degenerative disorders, are characterised by fluctuating presentations or evolving functional capacity over time. A single point-in-time assessment is unlikely to accurately capture the nature, extent and long-term impact of these conditions or the supports required to achieve meaningful participant outcomes.
Accordingly, legislation should require decision-makers to consider a range of evidence, including:
- clinical diagnosis;
- reports and recommendations from treating practitioners;
- functional capacity assessments;
- longitudinal clinical evidence demonstrating changes over time; and
- the participant’s individual circumstances, goals and support environment. This approach is consistent with contemporary, evidence-based clinical practice and supports more accurate, equitable and person-centred decision-making.
Importantly, any assessment framework established under the NDIS should recognise and utilise the expertise of the existing allied health workforce across all sectors, including private practice, not-for-profit organisations and the public health system. Australia’s private allied health sector plays a critical role in the delivery of disability services and represents a substantial proportion of the specialised workforce supporting NDIS participants. These organisations have developed extensive clinical expertise, robust governance frameworks, established quality assurance processes and service delivery models specifically designed to support individuals with complex and lifelong disabilities.
Private sector providers have been instrumental in building workforce capacity, improving participant access to specialised services, reducing pressure on public health services and delivering timely, evidence-based interventions across metropolitan, regional and remote communities. Excluding, limiting or diminishing the role of the private sector in functional assessment or clinical decision-making would risk undermining the capacity, efficiency and responsiveness of the broader disability support system.
Assessment processes should therefore be undertaken by appropriately qualified and experienced health professionals, irrespective of the sector in which they practise, provided they possess the requisite clinical expertise, professional registration and experience relevant to the participant’s disability. Recognition of the expertise that exists across the private, public and not-for-profit sectors will support consistency of decision-making, maximise existing workforce capability and ensure participants continue to benefit from clinicians who possess an established understanding of their functional needs and long-term goals.
Maintaining a collaborative, multidisciplinary assessment model that draws upon the expertise of the entire allied health sector will strengthen the integrity of decision-making, improve participant outcomes and ensure the NDIS continues to leverage the significant clinical capability that has been developed across Australia’s disability service system over many years.
Recommendation 4: Ensure Foundational Supports Are Operational
Before Eligibility Changes Commence
The proposed expansion of Foundational Supports is supported in principle.
However, participants should not lose access to NDIS supports until replacement services are demonstrably available, adequately funded and consistently accessible across Australia. Funding should be provided for all people and children with disabilities and not based on labels but on functional capacity. Premature implementation risks transferring costs to health, education and community sectors while reducing support for individuals and families.
The Committee should recommend that any eligibility reforms be contingent upon an independent assessment confirming that Foundational Supports are operational and capable of meeting community need for all people and children with a disability.
Recommendation 5: Protect Early Intervention
Early intervention remains one of the most effective and evidence-based investments within the disability sector.
Timely access to therapy and supports improves independence, educational participation, employment outcomes and long-term quality of life while reducing future reliance on funded supports.
Legislative reform should continue to recognise early intervention as a foundational principle of the National Disability Insurance Scheme. Access to timely, evidence-based early intervention services should remain available to individuals who are likely to benefit, recognising the well-established evidence that early supports improve developmental outcomes, promote independence, and reduce long-term reliance on funded services.
Restricting access to early intervention is likely to have significant unintended consequences for children, families and the broader service system. In the absence of appropriate NDIS funded supports, responsibility for meeting complex developmental needs is likely to shift to mainstream health, education and community services. These sectors are not currently equipped with the capacity, specialist workforce or resources required to deliver the intensity and continuity of intervention necessary to meet the needs of children with disability. This displacement of responsibility risks increasing demand on already constrained public systems while reducing access to timely and appropriate supports.
The proposed Thriving Kids model, in its current form, is unlikely to meet the level or complexity of community need or provide an adequate substitute for specialist early intervention services currently available through the NDIS. Without sufficient investment, workforce capacity and nationally consistent implementation, there is a substantial risk that children with developmental delay or disability will experience delays in accessing intervention during critical periods of development.
The long-term consequences of reduced access to early intervention extend beyond childhood. Missed opportunities to build functional capacity and independence during the early years are likely to result in poorer educational, social and employment outcomes, increased reliance on formal supports throughout adulthood, and higher long-term costs to governments across the health, education and social services sectors. Maintaining access to evidence-based early intervention is therefore both a sound economic investment and an essential safeguard to achieving the objectives of the NDIS.
Recommendation 6: Preserve Clinical Judgement
Clinical judgement remains fundamental to the delivery of high-quality, evidence-based disability supports and should continue to play a central role in determining eligibility and support needs under the National Disability Insurance Scheme (NDIS). While standardised assessment tools may contribute to greater consistency and transparency in decision-making, they should be used to inform, rather than replace the professional judgement of appropriately qualified health practitioners.
Disability is inherently complex and cannot be adequately understood through a single assessment instrument or point-in-time evaluation. Functional capacity is influenced by a range of factors, including the nature of the disability, co-occurring health conditions, environmental barriers, psychosocial circumstances, and an individual’s developmental stage. Many conditions, including autism, acquired brain injury, psychosocial disability, neurological disorders and progressive diseases, present with fluctuating or evolving support needs that require comprehensive clinical interpretation over time.
Occupational therapists, psychologists, speech pathologists, physiotherapists, medical specialists and other allied health professionals each contribute discipline-specific expertise that collectively provides a holistic understanding of an individual’s functional capacity and support requirements. These practitioners apply evidence-based assessment methodologies, longitudinal clinical observation and professional reasoning developed through years of education, registration and clinical practice. Their expertise cannot be replicated by a single assessment methodology or algorithmic approach.
Legislation should therefore explicitly recognise the importance of multidisciplinary clinical evidence in determining participant eligibility, functional capacity and reasonable and necessary supports. Decision-makers should be required to consider information provided by treating practitioners alongside functional assessments and the participant’s goals, circumstances and lived experience. This approach reflects contemporary best practice, supports more accurate and equitable decision-making, and reduces the risk of inappropriate eligibility determinations.
Embedding clinical judgement within the legislative framework will strengthen the integrity of the Scheme, improve participant outcomes and ensure that assessment processes remain responsive to the diverse and often complex needs of people with disability.
Recommendation 7: Reduce Administrative Burden
Increasing administrative requirements have reduced the capacity of allied health professionals to provide direct participant support.
Significant time is currently devoted to report writing, repeated assessments, evidence gathering and administrative compliance.
Reforms should seek to reduce duplication of report writing and streamline evidentiary requirements while maintaining appropriate accountability.
Improving administrative efficiency will maximise workforce capacity and improve participant access to services.
Recommendation 8: Strengthen Co-design and Transparency
The NDIS was founded upon genuine partnership with people with disability.
Future reforms should continue to be developed through meaningful consultation with participants, families, disability representative organisations, clinicians and providers.
The Committee should recommend statutory requirements for:
- public consultation on significant NDIS Rules;
- publication of exposure drafts;
- independent evaluation of proposed assessment frameworks; and
- ongoing disability-led advisory mechanisms. Embedding co-design within legislative processes will improve policy quality and strengthen public confidence.
Conclusion
The NDIS is one of Australia’s most significant social reforms. Ensuring its long-term sustainability is essential and enjoys broad support across the disability community.
The challenge before Parliament is to achieve financial sustainability without compromising the principles that underpin the Scheme.
This can be achieved through stronger governance, improved provider regulation, evidence informed decision-making, preservation of participant rights and genuine co-design with the disability community.
The recommendations outlined in this submission seek to support a sustainable, equitable and rights-based NDIS that continues to deliver meaningful outcomes for Australians with disability, both now and for future generations.