Submission 3415 — Name Withheld — NDIS Future Generations Bill

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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 via email: community.affairs.sen@aph.gov.au

Date: 9 July 2026

Dear Committee Secretary,

Thank you for 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 of a young NDIS participant, and I want to outline the harm this

Amendment Bill will cause if it passes Parliament. I am deeply concerned that the

proposed changes prioritise financial cost-savings over the safety, dignity, and

human rights of Australians living with a disability. I urge the committee to reject the

Bill entirely and seek to co-develop a more sustainable, just and equitable proposal,

working with a diverse group of individuals with lived experience of disability and

organisations with strong knowledge and understanding of the needs of individuals

with disability. At the very least major amendments should be recommended based

on the following critical points:

Ministerial over-reach, reduced parliamentary oversight and weaker safeguards for participants

The issues: The Bill allows Ministers to impose broad funding cuts for whole groups

of participants instead of basing funding decisions on individual needs without the

need for Parliament oversight and removes the rights of participants to individually

appeal any such funding reduction via the Administrative Appeals Tribunal. It

proposes that Ministers will have direct authority over pricing mechanisms and the

types of supports funded by NDIS without needing Parliament to vote on any

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changes. The rules that will determine critical eligibility thresholds have not yet been

written, making it impossible to understand the potential impact on participants. The

Bill permits the use of automated, computer-based systems for funding decisions,

removing human oversight and risking the loss of any ability to manually adjust

funding to meet participants’ actual needs.

Impact: The decisions that determine whether individuals qualify for the NDIS and

the 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 and they would have limited to no means to appeal or

challenge these decisions, regardless of the severity of impact on their lives and the

potential for life-threatening outcomes if essential supports are removed.

Decisions regarding NDIS eligibility and what constitutes reasonable and necessary

NDIS funded supports should be made on transparent, legislative rules that are co

developed by the disability community. They should not be at the mercy of the

unilateral powers of the Minister. Nor should funding decisions be left solely to

computer-automated systems. Disability is complex and human oversight and the

ability to tailor support to an individual’s specific, fluctuating or critical needs is

paramount.

Recommendation 1: 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.

Recommendation 2: Guarantee human oversight of eligibility and funding decisions

and preserve timely, clear review and appeal rights for all NDIA and needs

assessment decisions.

Recommendation 3: Require that any funding reductions are proportionate,

evidence-based and demonstrably safe at the individual participant level, and that

any reduction in funding that falls below an assessed need is subject to transparent

justification and merits review safeguards.

Recommendation 4: Require that before any funding reduction is imposed that a

comprehensive risk assessment be conducted that includes safety, fluctuation and

deterioration, behavioural escalation, restrictive practices and carer capacity.

Funding should not be reduced where a high risk of harm is identified and/or the

funding falls below reasonable and necessary support needs.

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Erosion of Choice, Control, and Flexible Funding

The issues: The Bill proposes changes that would make it harder for participants to

challenge some decisions about supports and funding and would restrict when they

can request a reassessment, remove review rights for automatic plan renewals, and

make funding reductions unappealable. These changes, along with the proposed

restrictions on reassessment requests, would strip away participants’ abilities to

challenge decisions about their supports, regardless of the impact on their lives.

Further, the Bill grants the NDIA expansive powers to stipulate how participants use

their funding, introduces a “one-size-fits-all” needs assessment process, narrows

approved supports, and strips away the flexibility needed to tailor support to

participants’ individual needs.

Impact: These changes take away the choice and control of participants, alienating

their human rights and may force people into shared supports instead of individual

living arrangements, or force them to use providers they do feel safe with, or strip

away supports that are essential for participants to maximise their independence and

actively participate in their community, or in some cases remove the supports that

are crucial for their health and safety. Not only would this make it harder for

participants to request changes to their supports when their circumstances change

and appeal decisions that impact on their human rights and go against the

underlying principles of the NDIS, in some cases participants’ lives would be placed

at risk. Additionally, it places a significant burden on families and informal care and

support to fill the gaps left by funding cuts – with a disproportionate amount of this

responsibility falling to women who are then forced to reduce or exit the workforce

and adopt a primary carer role, significantly increasing their risk of financial

insecurity, and physical and mental illness. Reliance on informal care is

unsustainable, compounds the burden on health systems and reliance on

government payments for income (e.g. Carer’s Payment) and, crucially, is not an

option for those participants without family members to provide unpaid care.

Recommendation 5: Retain strong protections for participants’ choice, control and

tailored, person-centred, individualised planning.

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Recommendation 6: Maintain accessible and responsive reassessment and plan

variation pathways, along with internal review and independent merits review

processes.

Recommendation 7: Do not increase reliance on informal, unpaid care.

Eligibility criteria and support funding based on unvalidated functional assessments and evidentiary requirements that are not fit for purpose

The issues: The Bill introduces changes that would enable the Minister to reduce

funding for any support or group of supports based on the outcome from the use of

an instrument that cannot be challenged. This forces diverse and highly individual

needs to attempt to be captured by a standardised “one-size-fits-all” framework that

relies heavily on self-report rather than objective observations by health

professionals. The Bill would also prevent the NDIS from taking into consideration

the combined and interactive impact of comorbidities, and would require individuals

to have exhausted all appropriate, evidence-based treatments to improve, cure or

alleviate their impairment before accessing the NDIS.

Impact: This process risks missing crucial individual differences in support needs,

may not accurately capture participants’ required supports, and provides little to no

safeguards to appeal decisions that are based on potentially inaccurate information

and/or that provide inadequate funding to meet the individual’s reasonable and

necessary supports. It also fails to recognise the significant impact that comorbidities

can have on individuals and imposes an unrealistic expectation of being able to

separate out which support needs arise solely from each disability/health

condition/comorbidity. Further, the proposed treatment test unfairly disadvantages

rural and regional Australians who lack local treatment options and/or cannot afford

the travel to metro areas for treatment, may force individuals into a treatment they

are not comfortable with (e.g. due to negative side-effects or previous trauma), and it

is not specified who will determine when a treatment has “failed” or when treatment

options have been exhausted – a decision that should only be made by an

individual’s primary treating health professional.

Recommendation 8: Require the use of holistic, person-centred assessments that

are culturally sensitive, adequately capture the complexity, fluctuation and real-world

functioning of individuals, and that recognises the impact of comorbidities.

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Recommendation 9: Recognise specialist clinical input and lived experience as

valid evidence in assessment and planning.

Recommendation 10: Remove inappropriate treatment tests and do not make

eligibility or support contingent upon unrealistic, ineffective, or clinically inappropriate

treatments (including those only available through clinical trials), or those that are

inaccessible due to cost or location.

Removal of social inclusion and community participation as a fundamental human right

The issues: The proposed Bill penalises participants by restricting funding for

community, social, and recreational activities. It treats social inclusion as a “luxury” or

“ordinary living expense” rather than a fundamental human right and fails to

recognise the significant barriers to community access and participation that many

individuals with disability face.

Impact: Access to community, social, and recreational activities is often limited, more

expensive, more complex and more time-consuming for people with disabilities.

Shifting the burden of these increased pressures to families is unfair and

disadvantages our most vulnerable individuals who do not have the resources (time,

money, equipment) to enable community participation. The proposed changes would

increase isolation, forcing participants to remain at home, place unsustainable

pressure on families and informal supports to provide community, social and

recreational access and ultimately increase long-term costs due to the impact on the

physical and mental health of participants and their informal carers.

Recommendation 11: Protect community access by explicitly mandating that social,

recreation and community participation remain full-funded core components of a

participant’s NDIS plan to fulfill Australia’s obligations under the UN Convention on

the Rights of Persons with Disabilities.

Premature access changes without alternative supports

The issues: The Bill intends to significantly alter eligibility and reduce participant

numbers and funded supports, without first establishing accessible, fully-funded, and

operational alternative community supports.

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Impact: This is dangerous and leaves vulnerable individuals at risk of having no

access to required supports. This may lead to delays in their treatment, may

contribute to more rapid progression of some conditions, and may place lives at risk

if essential supports are cut. 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

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

connected and safe.

Recommendation 12: Do not remove participants from the NDIS or reduce their

supports until appropriate, fully-funded alternatives are operational and accessible to

the individual.

Recommendation 13: Require safeguarding checks and human oversight for

decisions that affect safety, continuity, or legal rights.

Recommendation 14: Identify and protect high-risk cohorts through the creation of

a legal mechanism to identify rare disease disability and other high-risk cohorts and

prohibit reductions in supports (including staff ratios) that are needed for safety,

essential functioning or the prevention of deterioration or restrictive practices.

Thank you for considering my submission. It is clear that reform is required to

strengthen the integrity and sustainability of the NDIS; however, this cannot be at the

cost of those who rely on the NDIS for their rights to live independently, feel safe,

participate fully in their communities, retain choice and control over their lives, and

pursue their goals. The proposed Bill risks alienating the Human Rights of individuals

with disability, shifting responsibility and costs across systems, and weakening

fundamental safeguards. Targeted co-design with people with lived experience of

disability and organisations that represent them is therefore essential. I urge the

Committee to recommend critical amendments to the Bill included in this submission

and call for co-design reform to embed lived experience and disability expertise into

policy design, implementation and evaluation.

Sincerely,

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