Submission 393 - Supplementary Submission
Speech Pathology Australia
Level 15, 380 La Trobe Street, Melbourne VIC 3000
E: office@speechpathologyaustralia.org.au T: 61 3 9642 4899 speechpathologyaustralia.org.au
Senator Dorinda Cox
Senator Karen Grogan
Chairs Senate Community Affairs Legislation Committee
Sent via: https://www.aph.gov.au/Parliamentary_Business/Committees/OnlineSubmission
7 July 2026
Dear Senator Cox and Senator Grogan
Re: Interim Report on the NDIS Amendment (Securing the NDIS for Future
Generations) Bill 2026
Speech Pathology Australia (SPA) supports the Committee’s decision to extend its inquiry into the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026. This extension provides an important opportunity to examine how proposed changes may affect planning, funding and access to services for people living with disability.
SPA is the national peak body for speech pathologists in Australia, representing around 17,000 members. We previously provided a submission (Submission #393) to the inquiry, outlining concerns regarding the Bill.
We respectfully submit that further amendments are required to strengthen the functional capacity framework, provide meaningful safeguards around Ministerial budget and pricing powers, and ensure decisions about effective and beneficial supports reflect contemporary evidence-based practice.
Speech Pathology Australia encourages the Committee to ensure that the NDIS Bill 2026 appropriately balances sustainability with participant rights, safety, access and outcomes. In particular, we encourage the Committee to recommend amendments in three critical areas:
- Strengthen the definition of “Functional capacity.” Refer to: Schedule 1, Part 1, proposed section 9B.
The definition of functional capacity should explicitly reflect contemporary disability frameworks, including the International Classification of Functioning, Disability and Health (ICF)i, which recognise that a person’s functioning is shaped not only by their impairment but also by their environment and personal circumstances.
Given the central role functional capacity will play in determining access to the NDIS, we remain concerned that key aspects are not included in the Bill’s definition and that important details will be determined later through subordinate instruments.
The Speech Pathology Association of
Australia Limited • ABN 17 008 393 440
Submission 393 - Supplementary Submission
The activities that determine a person’s functional capacity should be clearly set out in the legislation and should include reference to communication and safe eating and drinking.
The functional capacity assessment framework must incorporate speech pathology input. Assessment and interpretation of communication needs and mealtime function must be undertaken by a qualified speech pathologist.
- Ensure budget and pricing decisions are independent, transparent, and subject to appropriate oversight.
Refer to: Schedule 1, Part 4, proposed section 34A; Schedule 3, Part 1, proposed sections 34B and 45C.
While some safeguards around Ministerial powers to reduce budgets have been introducedii, they do not go far enough. These powers remain broad and could affect participant safety, wellbeing, and access to essential supports.
We also remain concerned about provisions that would give the Minister responsibility for NDIS pricing decisions. The Bill does not currently provide enough independence, transparency or oversight for decisions that affect participant access to supports. The Bill should align with the NDIS Reviewiii, Action 11.3, “The Australian Government should transition responsibility for advising on NDIS pricing to the Independent Health and Aged Care Pricing Authority to strengthen transparency, predictability and alignment.”
If these powers are retained, they should be subject to clear statutory safeguards; transparent consultation processes; publication of supporting evidence and impact assessments; and independent oversight mechanisms.
- Recognise the full range of evidence when determining supports.
Refer to: Schedule 1, Part 6, item number 73.
We remain concerned that provisions relating to “effective and beneficial” supports place too much emphasis on a narrow range of evidence. While research evidence is important, allied health decisions should also consider clinical expertise, participant goals and preferences, and real-world outcomes.
We encourage the Committee to ensure that decisions about whether a support is effective and beneficial are based on the full range of evidence used in evidence-based practiceiv, v. This is particularly important for groups who are often underrepresented in research, including people with complex communication, low-prevalence conditions, and a range of cultural and linguistic backgrounds. A narrow approach to evidence could limit access to supports that are effective in practice and valuable to participants.
Submission 393 - Supplementary Submission
We would welcome the opportunity to discuss these issues in more detail with the Committee. Please contact Dr Jennifer O’Connor, Chief, Policy and Advocacy at policy@speechpathologyaustralia.org.au if we can assist the Committee or Inquiry further.
Yours sincerely
Lyn Brodie
Chief Executive Officer
Speech Pathology Australia
i World Health Organization (2001) How to use the ICF: a practical manual for using the International Classification of Functioning, Disability and Health, WHO, Geneva, p. 28.
ii Elizabeth Watson Brown MP, National Disability Insurance Scheme Amendment (Securing the
NDIS for Future Generations) Bill 2026; amendments to be moved by Ms. Elizabeth Watson-Brown MP, House of Representatives, Parliament of Australia, 2026, pp. 1-2.
iii Independent Review into the National Disability Insurance Scheme (2023) Working together to deliver the NDIS: final report, Australian Government, Canberra, pp. 171-172.
iv Speech Pathology Australia (2024) Evidence-based practice for speech pathology in Australia, Speech Pathology Australia, Melbourne, pg. 6.
v NDIS Quality and Safeguards Commission (2023) Evidence-informed practice guide, Australian Government, Canberra, pp. 2, 3, & 5.