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: 31 May 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 full-time unpaid caregiver.

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.

Consultation Period

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.

• 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 3) 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.

Recommendation:

Require that all decisions affecting NDIS eligibility and funding levels be made through primary legislation subject to full

The Issue

Changes in Rules for Existing NDIS Participants and Decisions

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.

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).

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.

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.

The issue: The Bill shifts assessment from whole-of-person consideration Unvalidated functional capacity assessment tool risks misidentifying need 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 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.

The issue: From 1 October 2026, the government has announced funding Supports cut before replacement system is ready 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 no additional support. These supports are often what help people stay visible, connected and safe.

Reduced community access and social inclusion: A 50% cut to social, civic and community participation funding would mean fewer opportunities for my daughter to attend community activities, social groups, recreational programs, study,- Increasedwork, volunteering,isolationorandeventsmentalthathealthhelp herrisks:maintain relationships and participate in society.- My daughter relies on support workers to her leave home, engage with others, or participate safely in the community, reduced funding may force her to cut back these - activities.Loss of skillThisdevelopmentcould lead to opportunities:increased loneliness, social isolation, anxiety, or reduced wellbeing.- A 10% reduction in capacity- building daily activity supports could limit the assistance my daughter receives to develop or maintain independence skills such as travel - Reducedcommunication,independence:decision-making, budgeting, personal care, cooking, or managing daily routines.- If capacity-building supports are scaled back, my daughter will become more dependent on family members or informal - Pressurecarers for ontasksfamilyshe wasandpreviouslyinformal supports:working towards managing independently.- Any reduction in funded - supportsDisruptionis likelyto establishedto shift responsibilityroutines: onto me a solo caregiver. This will increase caring demands, stress, and the risk of carer burnout.

Many participants rely on consistent support arrangements. Sudden funding reductions will require Chloe to - cancelRisk ofprograms,regression:reduce support worker hours, or leave activities that are important for her stability and quality of life.- Where supports are designed to build capacity and maintain functioning, reduced access may result in a loss of skills, confidence, community connections, and progress that my daughter has Require that no reductions to community participationRecommendation:achieved over time. 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.