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 carer of a person with disabilities

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

Key Decisions Left to Ministerial Instruments, Not Law

The issue: The Bill allows Ministers to change who gets NDIS support (Schedule 1Parts 8 and 9) and how much funding people receive (Schedule 1 Part 4; Schedule3) by signing an instrument, without going back to Parliament. The rules that willdetermine critical eligibility thresholds (Schedule 1 Parts 1, 8 and 9) have not yetbeen 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 bechanged without parliamentary debate or public scrutiny. Participants may not knowsupports or eligibility rules have changed until their plan is affected. This would resultin complete disruption to my son’s life which is carefully designed to enable him tow work, do his creative writing, have a social life and lead a life typical of a young man inhis 30’s

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

Existing participants face narrower criteria and fewer rights tochallenge decisions

The issue: The Bill changes the rules for existing NDIS participants and makes itharder to challenge some decisions about supports and funding. It also restrictswhen you can request a reassessment, removes review rights for automatic planrenewals, and makes funding reductions unreviewable (Schedule 1 Parts 1 and 8). Combinedwith 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.

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.

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.

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.

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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).

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. My son has three physical disabilities, these interact to increase the effect on his mobility and functionality.

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

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.

Recommendation: Do not proceed with I-CAN as the functional capacityassessment tool unless it has been demonstrably validated to identify the needs ofall people with disability, including those with episodic or fluctuating disability, anddemonstrated 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 capacitybuilding daily activities by 10 per cent for all participants, reductions that will beimplemented through the ministerial instrument power in Schedule 1 Part 4. TheFoundational Supports system intended to fill that gap has no confirmedimplementation date and is not yet operational.

How this affects participants: Supports that help participants connect with theircommunity, build skills and maintain independence may be cut before anythingexists to replace them, leaving carers and families with greater responsibilities andno additional support. These supports are often what help people stay visible,connected and safe. This is dangerous, isolating and totally opposite toenabling inclusion which provides the best safeguards and mental health formy son and pwd.

Recommendation: Require that no reductions to community participation orcability 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.