NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 – Senate Submission
Submission on the NDIS Amendment Bill by“
Franklin Bruinstroop
I am the partner of a person whose daughter has a disability and is currently receiving NDIS support, and have a strong belief in justice and equitabilitiy for all.
In my submission, I wish to acknowledge that a significant number of people have examined the bill more deeply than I, and that what I say has been helped through their work.
Access and Eligibility
| Proposed change | What this could mean in real life | My experience / what I want the Senate to know |
|---|---|---|
| (Functional capacity becomes a key eligibility test (s9B). A functional capacity tool will be used to determine who can become a participant of the scheme.) | (A standardised assessment may not accurately capture fluctuating disability, masking, trauma, autism, fatigue, behaviour support needs or the cumulative impact of multiple disabilities. A child may appear capable during a short assessment but require significant support to function safely every day.) | (Having seen and experienced reports written by allied health professionals, I know that using an assessment tool one day for a few hours either with a person that the child doesn’t know or even worse AI, shows no understanding of disability. |
| We shouldn’t base somebody’s needs on a “one off”assessment if we truly want to respect and support people with disabilities and their families. | ||
| In depth reports prepared over time through experience in a variety of contexts are essential for understanding the whole child and the whole picture.) | ||
| (The assessment tool has not yet been released and it is unclear who will administer it.) | (Instead of clinical information from qualified allied health professionals who know the participant, access decisions may rely more heavily on a standardised assessment which may involve automation.) | |
| (Evidence will be required around the ‘Permanence’ of a person’s disability.) | (Families may need to demonstrate that all reasonable treatment options have been attempted before accessing supports. This may disadvantage people where treatments are unavailable, unaffordable, unsafe,) | (I am concerned that a participant may be required to trial certain medications before accessing certain supports? Could a family be expected to pursue surgery, intensive therapy or another intervention they believe is unsuitable, ineffective |
| or carries unacceptable risks?) |
appropriate
treatment’ before
inappropriate or create significant side effects. To gain access, participants may have to undergo ‘treatment’ including surgeries, medication and therapies that may be harmful.
Because the NDIA can no longer take into account a person’s environment (i.e. financial status) this may mean that if they cannot afford a specific treatment (to prove that it is not effective), they cannot access the NDIS.
It also raises difficult questions about where the line sits between an “appropriate” treatment and a treatment a person does not wish to undertake.
New eligibility framework from 2028 (s9B and related provisions)
All current participants will need to be reassessed under the new functional capacity eligibility framework from January 2028. Some may lose their access in this process. Functional capacity will be assessed with reduced Two children with the same diagnosis can have vastly different support needs
consideration of depending on poverty, housing, Their financial circumstances, their home environmental and transport, family supports, family personal violence, culture, geography and access to services. Ignorance context risks underestimating need. circumstances (s9B)
Governance and Ministerial Powers Proposed change (Bill What this could mean in My experience / what I want the Senate to section) real life know Minister may temporarily The Bill allows the Minister to While I have respect for the work that Ministers modify how parts of the temporarily change how and their offices do, I believe that, particularly in Act operate (Schedule 5 certain parts of the NDIS Act relation to people with disability, important transitional powers) operate without having to changes should always be debated and approved pass a new Act of Parliament first or uses the usual by Parliament. parliamentary process. From what I have seen of the legislation and interpretation of it, the Minister has significant opportunities to decide and act without Parliamentary consideration.
Minister has greater While the NDIS Review See the previous comment. influence over pricing recommended an arrangements independent organisation should set pricing (such as directly to the IHACPA) this bill transfers NDIS Minister with advice Pricing power directly to the from the Agency. NDIS Minister with advice Self-Managers would still from the Agency. able to pay above the Pricing Self-Managers would still Caps. able to pay above the Pricing Caps.
- Different pricing caps can also be set for different providers (i.e. registered and unregistered). What conflict of interest exists when the Minister responsible for controlling (and right now reducing) NDIS expenditure is also given the power to set the prices the Scheme will pay?