Submission 3308 — Name Withheld (3308

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PWDA Template: Submission to the

National Disability Insurance

Scheme Amendment (Securing the

NDIS for Future Generations) Bill

2026

Attention: Committee Secretary, Senate Standing Committee on Community Affairs

Submitted by email: community.affairs.sen@aph.gov.au

Date: 01/06/2026

I welcome the opportunity to make a submission to the Senate Standing Committee

on Community Affairs about the National Disability Insurance Scheme Amendment

(Securing the NDIS for Future Generations) Bill 2026.

I am a parent and carer for two participants on the NDIS. I am also a ‘sandwich carer’ for an aging grandparent.

I want to outline the harm this Amendment Bill will cause if it passes Parliament. This Bill is too far-reaching to pass as it stands. I believe the Bill requires further scrutiny and amendment before it proceeds.

Parliamentary Scrutiny and Transparency

The consultation period for the Amendment Bill is two weeks, which is insufficient to allow for appropriate consultation, considering accessibility and communication

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needs. The Australian Government Guide to Policy Impact Analysis says consultation should occur for a minimum of 30 days where possible.

The short timeline impacts me by not giving me time to source other supports for my children that do not put added financial strain on myself as a pensioner.

Recommendation: Amend the consultation period for a best practice minimum of 30 days.

Key decisions left to ministerial instruments, not law

The issue: The Bill allows Ministers to change who gets NDIS support (Schedule 1 Parts 8 and 9) and how much funding people receive (Schedule 1 Part 4; Schedule

  1. by signing an instrument, without going back to Parliament. The rules that will determine critical eligibility thresholds (Schedule 1 Parts 1, 8 and 9) have not yet been written.

How this affects participants: The decisions that shape the lives of participants, whether they qualify for the NDIS and what supports they can access, could be changed without parliamentary debate or public scrutiny. Participants may not know supports or eligibility rules have changed until their plan is affected.

Massive changes have already occurred and as a self-managed family, we were unaware of the changes occurring. This caused us stress when we received communication asking why we were spending funds on services no longer covered. The stress was due to having to find alternatives that were age appropriate, their ability appropriate and were covered by NDIS as a carers pension does not support the fees NDIS providers charge. Parent/carers are already suffering burnout and participants are losing their ability to choose and control the supports they receive. Further changes can be detrimental to our mental and emotional wellbeing while reducing the capacity of my children to take ownership of their own plans and supports.

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Recommendation: Require that all decisions affecting NDIS eligibility and funding levels be made through primary legislation subject to full parliamentary scrutiny, with mandatory advance notice to affected participants before any changes take effect.

Existing participants face narrower criteria and fewer rights to challenge decisions

The issue: The Bill changes the rules for existing NDIS participants and makes it harder to challenge some decisions about supports and funding. It also restricts when you can request a reassessment, removes review rights for automatic plan renewals, and makes funding reductions unreviewable (Schedule 1 Parts 1 and 8). Combined with restrictions on reassessment requests (Part 2), automatic plan renewals without review rights (Part 5), and unreviewable funding reductions (Part 4), existing participants face narrower criteria with significantly fewer avenues to challenge decisions about their supports.

How this affects participants: This does not protect participants already on the NDIS, who could be reassessed under stricter rules. If someone’s funding is reduced or their plan renewed automatically, they may have limited or no ability to challenge that decision. This could make it harder for people to get extra support when their circumstances or disability change.

As a ‘sandwich carer’, I do not have the capacity to negotiate change of circumstance submissions. Recently, a change of circumstance submission was ignored by the LAC in charge of our plans until their plans were due for renewal. This will be worse under the proposed changes and for one of my children, losing certain supports could be extremely detrimental to our safety and wellbeing.

Recommendation: Require a “no harm” safeguard ensuring no current participant loses access to supports unless equivalent supports are in place, with independent review rights before any exit decision and access to unscheduled reassessments preserved.

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Unreviewable ministerial power to cut funding across all support categories

The Minister can reduce funding for any support or group of supports by a specified percentage through an instrument that cannot be challenged (Schedule 1 Part 4). This applies across all budget categories. Unspent funds will no longer carry over at plan renewal (Schedule 1 Part 5).

How this affects participants: A participant’s community participation, capacity building or assistive technology funding could be cut without warning and without any right to appeal. Participants who save unspent funds across plan periods for high cost items will lose that ability entirely.

My 18 year old does not want his mother to take him to his appointments. I challenge you to find an 18 year old who wants their mother around all the time. The community participation funding he receives is invaluable to improve his independence and allow him to access the wider community without his mother present. The funds also allow for me to have a break from caring for 3 people with complex needs. The break allows me to recharge and gives me extra in my battery to provide more for them at home.

Recommendation: Require that unspent funds carry over at plan renewal for participants saving for high-cost items and require independent review rights before any funding reduction takes effect.

Requirement to exhaust treatment options before eligibility

The issue: A person with disability will need to exhaust treatment options before they can be eligible for the Scheme (Schedule 1 Part 8). There will also be a removal of whole-of-person assessment, replaced by single eligible impairment consideration (Schedule 1 Part 3). The note that previously acknowledged environmental factors and other ineligible impairments could affect support needs will be removed (Schedule 1 Part 3).

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How this affects participants: People with disability will need to prove their impairment cannot be treated before they access the NDIS. Once in the scheme, their supports will only be assessed against a single eligible impairment rather than their whole experience. A person’s individual circumstances will not be considered, including ability to pay for treatment, where they live or whether treatment is actually available to them.

As my children are young adults, finding age appropriate supports are harder, waitlists are longer and being on a carers pension, I do not have the finances to pay for these supports. What that will mean for the government is that in their future, they will have less capacity to be productive members of society. Also what is ‘appropriate’ for one child is not appropriate for the other even though they have the same primary diagnosis.

Recommendation: Do not proceed with a requirement to exhaust “appropriate treatment” options – there are no safeguarding measures around participant harm due to side effects or complications, a participant’s financial ability to pay, or their geographic capacity to access treatments.

Unvalidated functional capacity assessment tool risks misidentifying need

The issue: The Bill shifts assessment from whole-of-person consideration to a single eligible impairment (Schedule 1 Part 3). Read together with the eligibility thresholds in Parts 8 and 9, the tool used to conduct functional capacity assessments must be capable of sufficiently identifying whether a person meets the threshold for that single impairment.

The named assessment tool is the Instrument for Classification and Assessment of Support Needs (I-CAN). I-CAN requires validation to ensure it will sufficiently identify the needs of all people with disability, including those whose needs may be

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fluctuating or episodic and may not be captured through a point-in-time assessment, and to ensure it is culturally appropriate for First Peoples with disability.

How this affects participants: If the assessment tool does not accurately capture the full extent of a person’s disability, including needs that fluctuate or vary over time, a participant may be found ineligible or have their supports undercounted, with no guarantee the result reflects their actual experience.

FCA currently show that my children are doing really well and, on paper, it seems they do not need funding. However, these assessments are a snapshot of an hour in one day in the life of these young men. They do not indicate/acknowledge the hard days, the challenges or the work that goes into reaching this level of functioning. Removing all the supports can negatively affect us, cause regression of skills and be detrimental to their futures

Recommendation: Do not proceed with I-CAN as the functional capacity assessment tool unless it has been demonstrably validated to identify the needs of all people with disability, including those with episodic or fluctuating disability, and demonstrated to be culturally appropriate for First Peoples with disability.

Supports cut before replacement system is ready

The issue: From 1 October 2026, the government has announced funding for social, civic and community participation supports will be cut by 50 per cent and capacity building daily activities by 10 per cent for all participants, reductions that will be implemented through the ministerial instrument power in Schedule 1 Part 4. The Foundational Supports system intended to fill that gap has no confirmed implementation date and is not yet operational.

How this affects participants: Supports that help participants connect with their community, build skills and maintain independence may be cut before anything exists to replace them, leaving carers and families with greater responsibilities and

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no additional support. These supports are often what help people stay visible, connected and safe.

I spent many hours on the phone, in offices, in meetings with service providers, our LAC and NDIA representatives to get the funding I have for the boys. The funding is used to get the boys to access things that people their age take for granted. The funding also affords me a few hours a week where I can do the shopping for my kids, meet with friends to fill my own cup and reduce the amount of running around I have to do for young men who really do not want their mother around. That funding was allocated based on the needs of our family based on NDIA assessors. Removing it arbitrarily tells us that the government does not care about our needs as care givers, their needs as participants, the judgment of the NDIA assessors or the professional opinions of service providers.

Recommendation: Require that no reductions to community participation or capacity building supports take effect until Foundational Supports are fully operational, adequately funded and demonstrably able to meet the needs of those who will lose NDIS supports.

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