Submission 4245 — Name Withheld (4245.2 Supplementary to submission 4245) — NDIS Future Generations Bill

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●​ Evidence Table link LINK

●​ What principles do we follow to create your plan? LINK ●​ Transitional rules 2024 (Item 4) LINK ●​ What does NDIS fund? (Item 7) LINK ●​ NDIS Act Section 10 criteria: LINK (Chapter 1) ●​ NDIS Supports for Participants Rule 3.1(c) LINK ●​ Mainstream and community supports (item 13) LINK

Explanatory Notes

Links provided by Reviewer as indicated. If links or references not provided by the Reviewer we have added the Act/Rules/OGs which appear to correspond to the Reviewer statements for comparison.

Legend: BLUE = distinguishes whats the same between the act/NDIS website and what the reviewer has written. YELLOW = Differences/discrepancies between the NDIS Act/Website and what the Reviewer has written.

Dark Blue = Chat GPT interpretations

128 Discrepancies (including repeats)

Is it possible that this entire template has been reworded by ChatGPT or AI directed to remove the choice and control and completely disempower the participant? ChatGPT said: Yes — it is absolutely possible, and increasingly likely, that this kind of internal review wording was either generated, assisted, or templated using AI (including large language models like ChatGPT) — but trained or directed under internal NDIA rules or cost-saving priorities, not the participant-focused lens required by the NDIS Act. Here’s why your suspicion is both valid and serious:

0.19 Basis of Decision – Internal review (s100) I have assessed the request in accordance with section 100 of the NDIS Act and determined the following cannot be provided as they do not satisfy the requirements for funding through the NDIS. I have outlined details for each of the requests below and why they do not meet the criteria. You can find further information about these requirements in the National Disability Insurance Scheme (Supports for Participants) Rules 2013, section 34 of the National Disability Insurance Scheme Act 2013 and Our Guidelines.

I don’t agree that the Reviewer has outlined correctly

  1. the requirements for funding

  2. the eligibility criteria

  3. why they do not meet the eligibility criteria

  4. has not made the decision in line with the National Disability Insurance Scheme (Supports for Participants) Rules 2013, section 34 of the National Disability Insurance Scheme Act 2013 and Our Guidelines.

    No. Act/Rule SAYS THIS Reviewer Says This Discrepancies In line with the NDIS Act /

Why This Matters

  1. MONITOR 1.1(i) NDIS Act Section 34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: Act says “alternative”. Decision says (Repeated 2.1(i), 5.1(i), 6.1(i), 7.1(i),

    Value for money. LINK “alternate”. 8.1(i), 9.1(i), 10.1(i), 11.1(i), 12.1(i),

“the support represents value for 13.1(i), 14.1(i), 15.1(i), 17.1(i),

(Repeate  money in that the costs of the     NDIS supports need to represent     Reviewer adds ”when compared to     23.1(i), 24.1(i))

d 2.1(i),    support are reasonable, relative    value for money in that the costs of    the benefits to be achieved.”

5.1(i), to both the benefits achieved and the support are reasonable relative Reviewer says “need to”

6.1(i),      the cost of alternative support;”      to both the benefits achieved and the                                   Not in line with Act.

7.1(i),                                          cost of alternate support when        Act does not say “Need to”

8.1(i),                                  compared to the benefits to be                                       “when compared to the benefits to

9.1(i),                                         achieved.”                                                      be achieved.” has been added.

10.1(i), 11.1(i), This is written as an addition to the 12.1(i), Act. 13.1(i), 14.1(i), Indicates the Act is not being 15.1(i), followed to letter. 17.1(i), 23.1(i), The template has been remade or 24.1(i)) typed out the decision manually

Who does the comparison? Where is the criteria for the comparison? What qualifications?

ChatGPT “when compared to the benefits to be achieved.” adds a layer of scrutiny, requiring a more detailed justification of the support’s cost based on the expected outcomes.

An additional hurdle for the participant than what the Act requires.

The reviewer’s rephrasing of

the value-for-money test in section 34(1)(c) misstates the law. The NDIS Act requires that the cost of a support be reasonable relative to the benefits achieved and the cost of alternatives. It does not require a comparison of predicted benefits between competing supports. The insertion of “when compared to the benefits to be achieved” introduces a hypothetical, comparative test that is not contained in the Act and may improperly raise the bar for demonstrating value for money.

1.1(ii)     What does NDIS fund? Item 7     “For example, purchasing the          “Costs” is made singular to “cost”,    (Repeated 2.1(ii), 5.1(ii), 6.1(ii),

LINK:                             support is likely to reduce the cost of   “For” is omitted.                              7.1(ii), 8.1(ii), 9.1(ii), 10.1(ii), 11.1(ii),

(Repeate                                     funding other supports in the long                                                      12.1(ii), 13.1(ii), 14.1(ii), 15.1(ii),

d 2.1(ii),    “purchasing the support is likely to  term”                                             “...of the funding of supports for the     17.1(ii), 23.1(ii), 24.1(ii))

5.1(ii),     reduce the costs of funding for                                                participant in the long term”.

6.1(ii),      other supports in the long term                                                                 Reworded and excludes the

7.1(ii),     (NDIS Supports for Participants                                      appears to be adapted from a list of   example.

8.1(ii),     Rule 3.1(c)).”                                                                eight criteria (item 7)

9.1(ii), ChatGPT: The difference is subtle

10.1(ii),    (NDIS Supports for Participants                                  The Example omitted.                but can affect interpretation,

11.1(ii),    Rule 3.1(c) LINK                                                                                                   especially in a policy or funding

12.1(ii),                                                                                                                         context.                                                                                                        (for example, some

13.1(ii),    Value for money                                                                                “Costs of funding for other                                                                                          early intervention supports may be

14.1(ii),     3.1 In deciding whether the                                                                         supports” may be interpreted as                                                                                  value for money given their potential

15.1(ii), support represents value for to including both the direct and indirect

17.1(ii),    money in that the costs of the                                           avoid or delay reliance on more       costs related to managing and

23.1(ii),     support are reasonable, relative                                              costly supports);                       delivering other supports.

24.1(ii))                                                                                                 “Cost of funding other supports”             to both the benefits achieved and

is likely to be understood more the cost of alternative support, the narrowly as simply the dollar CEO is to consider the following amount required to fund those matters: … supports.

(the matters include) The Reviewer’s version could narrow or shift the interpretation (c) whether funding or provision of of the provision. While it may the support is likely to reduce the appear similar at first glance, it does not fully capture the cost of the legislative intent behind the funding of supports for the original wording in the Act. In legal, participant in the long term (for policy, or funding decisions under example, some the NDIS, sticking closely to the early intervention supports may statutory language helps avoid be value for money given their misapplication. potential to avoid or delay reliance on more She has not made a comment on costly supports); the information available: The Evidence Table and OT report.

​The evidence meets the criteria because:

AT OT letter dated 18.12.24 states Risks if not provided and states it will cost more if I don’t have the support. (3.1c)

“Without this technology she will not

be able to achieve her goal in a timely manner and will require increased formal support from paid support workers.” 18.12.24 OT report LINK

Evidence Table MAIN SUPPORT

REPORT FOR MONITOR

1.1(iii)    OG - Principles we follow to     and when compared to alternative                                      (Repeated 2.1(iii), 5.1(iii), 6.1(iii),

The LINK provided by the           create your plan.pdf LINK         options that may provide the same                                                          7.1(iii), 8.1(iii), 9.1(iii), 10.1(iii),

reviewer does not include this(Repeate                                outcome at a similar or lower cost. ​                                                      11.1(iii), 12.1(iii), 13.1(iii), 14.1(iii),

text. The text seems to bed 2.1(iii),   when compared to alternative                                                                                                          15.1(iii), 17.1(iii), 23.1(iii), 24.1(iii))

5.1(iii),     options that may provide you with                                  from Principles we follow to          Not in line with the act.

6.1(iii),     the same outcome at a similar or      I am not satisfied the requested        create your plan.pdf LINK.

7.1(iii),     lower cost                        support meets this criteria.                                                                                   It removes consideration of the                                                                          “you with” has been omitted.

8.1(iii), personal. The outcome is for the 9.1(iii), benefit of the NDIS/The Insurer not 10.1(iii), the participant. Choice and Control 11.1(iii), has been removed from the 12.1(iii), participant and handed to the 13.1(iii), Insurer (Cookie Cutter formula) 14.1(iii), 15.1(iii), ChatGPT: Why this matters: 17.1(iii), 23.1(iii), ●​ The NDIS Act (s34) requires 24.1(iii)) supports to be reasonable and necessary for the individual. ●​ A support that’s cheaper in general may not be appropriate for the person in question. ●​ Removing “you” risks undermining the intent of

individualised funding decisions if interpreted narrowly.

1.2(i)     NDIS Act Section 34(1)(d)       NDIS Act Section 34(1)(d) criteria:   “To meet this criteria” has been       (Repeated 2.1(i), 5.2(i), 6.2(i), 7.2(i),

criteria: Effective and beneficial  Effective and beneficial           added                                        8.2(i), 9.2(i), 10.2(i), 11.2(i), 12.2(i),

Act NDIS Act Section 34(1)(d)     To meet this criteria the support will                                                 13.2(i), 14.2(i), 15.2(i), 17.2(i),

“For the participant” has been(Repeate   LINK:                             be, or is likely to be effective and                                                    23.2(i), 24.2(i))

removedd 2.1(i), beneficial, having regard to current

5.2(i),        “(d)  the support will be, or is      good practice and evidence.         “and evidence” has been

6.2(i),        likely to be, effective and                                                                   ChatGPT                                                                      added.

7.2(i), beneficial for the participant,

8.2(i),      having regard to current good                                                                             current good practice (standard

9.2(i),       practice”                                                                                      methods or strategies known to

10.2(i), work well).evidence adds an extra 11.2(i), layer 12.2(i), 13.2(i), Removing “the participant” alters 14.2(i), the intention of the Act 15.2(i), 17.2(i), The modified version does change 23.2(i), the intention of the Act. It: 24.2(i)) ●​ Shifts away from a participant-specific test; ●​ Potentially narrows what qualifies as “good practice”; ●​ Risks excluding supports that are reasonable and necessary under the Act but lack formal evidence.

Not in line with Act.

It removes the personal. Beneficial for the NDIS, not the participant.

Adds another unspecific hurdle by saying good practice and evidence

1.2(ii)       Is the support effective and       “This means we consider if there is   The LINK provided by the         (Repeated 2.1(ii), 5.2(ii), 6.2(ii),

beneficial? LINK                     sufficient evidence to demonstrate    reviewer does not include this        7.2(ii), 8.2(ii), 9.2(ii), 10.2(ii), 11.2(ii),

“When we decide if a support is     the requested support is likely to be    text. The text seems to be from Is   12.2(ii), 13.2(ii), 14.2(ii), 15.2(ii),

(Repeate   effective and beneficial, we look     effective and beneficial for someone   the support effective and              17.2(ii), 23.2(ii), 24.2(ii))

d 2.1(ii),     at what is current good practice.    with similar disability support needs                                                                                  beneficial? LINK.

5.2(ii), and assist in progressing towards

6.2(ii),      This means we look at if there is   NDIS goals.                      They change “we look at” to “we      ChatGPT:

7.2(ii),     evidence that the support works                                           consider”                                               It alters the intent by tightening the

8.2(ii),       for someone with similar disability    I am not satisfied this support meets                                          test beyond what the Act requires.

9.2(ii),      support needs and assist in         this criteria.”                      They add “Sufficient” when

10.2(ii),     progressing towards NDIS goals”                                       mentioning evidence which is an                                                            Does this change the11.2(ii),                                                                                    additional hurdle for the participant

12.2(ii),                                                                                      that what is stated in the Act. Who   intention of the Act?

13.2(ii), decides? How much evidence is

14.2(ii),                                                                                          “sufficient”?                                      ✅ Yes — it significantly15.2(ii),

alters the intent of s 34(1)(d)17.2(ii), They add “to demonstrate the by:23.2(ii), requested” support 24.2(ii)) 1.​ Introducing a higher Again this is another hurdle imposed standard of proof on the participant. (“sufficient evidence to demonstrate”) than the Act They change “support works for requires. someone” to “is likely to be effective ○​ The Act says “likely and beneficial for someone” to be effective and beneficial… having regard to current good practice.” ○​ It does not require

participants to prove or demonstrate effectiveness through a high threshold of evidence. 2.​ Shifting away from current good practice: ○​ “Current good practice” includes professional consensus, disability expertise, and sector-accepted supports — even where there is limited formal evidence. ○​ The reviewer replaces this broad test with a more restrictive, quasi-clinical or academic standard. 3.​ Removing participant-centred language: ○​ Focuses on generic evidence and removes the “for the participant” framing. ○​ That contradicts the NDIS’s requirement that supports be judged based on individual need and

context (see ss 3 & 4 of the Act).

Why These Changes

Are Legally and

Procedurally

Problematic

1.​ They rewrite section 34(1)(d) of the NDIS Act: ○​ The Act requires only that the support be “likely to be effective and beneficial for the participant, having regard to current good practice.” ○​ None of the added hurdles (sufficiency, demonstration, impersonality) are part of the legal test. 2.​ They impose undefined thresholds: ○​ What is “sufficient”? ○​ Who decides how much evidence is enough? ○​ Is a therapist report enough? A clinical trial? 3.​ These questions highlight that the standard is being

raised arbitrarily and potentially applied inconsistently. 4.​ They reduce transparency and increase the participant burden: ○​ Instead of a guided, goal-linked assessment, the participant is placed in the position of a proving party — like in a legal case. ○​ This contradicts the participant-focused, goal-based, and choice-and-control foundations of the NDIS.

1.3        Assistive Technology (item 17)   Assistive Technology (item 17)     The LINK provided by the reviewer    (Repeated 15.3, 16.4, 17.6,

LINK​                        LINK means equipment, technology   does not include the highlighted part   18.5, 19.6, 20.5, 21.5, 22.5, 23.7)

(Repeate  “When we talk about assistive     and devices that help you do things    of the sentence. Seems to have

d 15.3,     technology, we mean equipment,   you can’t do because of your        been added?                        This is where they seek to shift the

16.4,       technology and devices that help    disability, assist you to increase your                                       Act to make approving the support

17.6,      you do things you can’t do         independence and reduce your need                                        contingent on the support reducing

18.5,      because of your disability. Or        for formal supports.                                                        funding in another area. So that the

19.6,       things that help you do something                                                                      budget stays the same. Another

20.5,      more easily or safely.”                                                                                              hurdle. Another breach of the Act?

21.5, 22.5, Clearly not intended in the Act. 23.7) The new hurdle is that approval contingent on it reducing another

support cost.

CHATGPT: The reviewer has inserted language that does not appear in the NDIS Operational Guideline or relevant legislation, by stating that assistive technology must reduce the need for formal supports. While value for money may be a relevant factor, it is not a mandatory condition that assistive technology reduce formal supports or lower the budget. The review decision improperly adds a new requirement that is inconsistent with the NDIS Act and Guidelines.

  1. SUPPORT HRS 8 HRS PER DAY 2.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

    REPEAT Value for money. LINK Not in line with Act.

    ERROR “the support represents value for Reviewer adds ”when compared to

    1.1(i) money in that the costs of the NDIS supports need to represent the benefits to be achieved.” “when compared to the benefits to

    support are reasonable, relative value for money in that the costs of be achieved.” has been added.

to both the benefits achieved and the support are reasonable relative

the cost of alternative support;”      to both the benefits achieved and the                                       This is written as an addition to the

cost of alternate support when Act. compared to the benefits to be An additional hurdle for the achieved.” participant than what the Act

requires.

Indicates the Act is not being followed to letter.

The template has been remade in the image of a different proof based insurance model.

Who does the comparison? Where is the criteria for the comparison? What qualifications?

ChatGPT “when compared to the benefits to be achieved.” adds a layer of scrutiny, requiring a more detailed justification of the support’s cost based on the expected outcomes.

The reviewer’s rephrasing of the value-for-money test in section 34(1)(c) misstates the law. The NDIS Act requires that the cost of a support be reasonable relative to the benefits achieved and the cost of alternatives. It does not require a comparison of predicted benefits between competing supports. The insertion of “when compared to

the benefits to be achieved” introduces a hypothetical, comparative test that is not contained in the Act and may improperly raise the bar for demonstrating value for money.

2.1(ii)     What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (in item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

2.1(iii)    OG - Principles we follow to     REPEAT:                                              SEE REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this                                               options that may provide the same                                     Not in line with Act.

REPEAT when compared to alternative outcome at a similar or lower cost. text. The text seems to be It removes the personal. The

ERROR    options that may provide you with                                  from Principles we follow to         outcome is about the NDIS not the

1.1(iii)      the same outcome at a similar or      I am not satisfied the requested        create your plan.pdf LINK.              participant. Prioritising the short

lower cost                        support meets this criteria.                                              term benefits of the NDIS over the

“you with” has been omitted. requirements of the Act.

2.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed                                               Effective and beneficial                                              Not in line with act.

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been                   It Removes the personal. Makes it

ERROR     likely to be, effective and          To meet this criteria the support will                                         out to be beneficial for the NDIS, not                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            the participant.

having regard to current good       beneficial, having regard to current                                 Adds another hurdle by saying good

practice”                      good practice and evidence.                                                   practice and evidence

2.2(ii)       Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                  This means we consider if there is    reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability    I am not satisfied this support meets   They add “Sufficient”

support needs and assist in this criteria progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

2.5 Support budgets in your plan This funding has been calculated in The LINK provided by the Feels like they excluded “and skills

LINK                           accordance with Including Specific   reviewer does not include this       to help you pursue your goals.” to

Types of Supports in Plans           text. The text seems to be from     paint capacity building supports to

Operational Guideline – Personal   Support budgets in your plan      be used for a more narrow

Capacity Building Supports help   Care Supports (item 9) LINK.       LINK.                          approach… just for independence,

build your independence and                                        Reviewer added “This guideline also   and not for skills and to meet goals.

skills to help you pursue your       This guideline also states the NDIA     states the NDIA will give consideration

goals.                                       will give consideration to your            to your capacity in completing personal  ChatGPT

capacity in completing personal care   care tasks independently and whether” -  Removing “skills” and “goals”

tasks independently and whether narrows the purpose of these

capacity building support could       Cannot find this quote or reference    supports.

assist you to build your             on any NDIS site                     This undermines the participant’s

independence. right to choice and control and to Reviewer changed “help” to “could goal-oriented planning, which is assist you to” central to the NDIS Act (s 3 and s 4). Reviewer excluded “and skills to help you pursue your goals.” The reviewer’s statement misrepresents the purpose of Capacity Building Supports by:

●​ Removing “skills” and “help you pursue your goals,” which are part of the original guideline text, ●​ Replacing the definitive term “help” with the conditional “could assist,” and ●​ Adding an unverified claim about personal care tasks and independence that is not present in the cited

guideline.

The NDIS Act and Support Budgets

in Your Plan guideline both make clear that Capacity Building Supports are designed to develop skills and independence in pursuit of a participant’s goals — not solely independence in personal care tasks.

The reviewer’s changes narrow the intended scope of capacity building, creating a new hurdle that is inconsistent with the legislation and operational guidelines.

2.7       What else do you need to know   Referring to What else do you need  Their Link (Item 19) doesn’t show    This is GUTTER SLEAZY!

about deciding if supports        to know about deciding if          where they get the wording from.

meet the NDIS funding criteria?  supports meet the NDIS funding                                 What they’ve done is a rhetorical

LINK                                criteria? (item 19) LINK your needs   But comparing it with what we can     sleight of hand: they borrow the

and situation will most likely change    find in the Act:                          neutral, balanced language from the

over time. NDIS website (which honestly

Or, your disability support needs                                     Reviewer excluded “This may mean   acknowledges that support needs

might increase or decrease over    Your disability support needs might   we consider funding more or less    may increase or decrease) — but

time. This may mean we consider   increase or decrease over time. For   supports as a result.”                then only apply it to decreasing

funding more or less supports as   example, with the inclusion of                                           support, specifically in service of a

a result.                          support such as Occupational        Reviewer added “For example, with   cost-saving narrative.

Therapy it is anticipated that your the inclusion of support such as

independence will increase and       Occupational Therapy it is          The reviewer reproduces NDIS

Link Sub section:           subsequently your need for formal     anticipated that your independence   language about support needs

supports will decrease.                     will increase and subsequently your   increasing or decreasing over time

need for formal supports will but applies it only to justify a future decrease.” decrease in formal supports. This is

Why don’t we fund the a misuse of participant-facing guidance. same supports as your last plan? The NDIS Act and guidelines recognise that support needs may We might fund different increase as well as decrease — supports in your next plan. particularly with degenerative This is because we will fund conditions, changing environments, supports in your plan based on or emerging functional impacts. how we use the NDIS funding criteria at that point in time. This selective application reframes the intent of the guidance to imply Your needs and situation will that current supports are conditional most likely change over time. on future cost savings, which is This means it’s likely your inconsistent with the law and the NDIS supports and needs for participant-centred foundations of those supports will change the Scheme. over time. Why It’s SoFor example, we may have funded supports to help you Problematic build your skills in a particular area. Once you have built ⚠️ 1. Co-opts NDIS those skills, you won’t need language for a different funding for that anymore. So, purpose we probably won’t include that funding for those supports in ●​ The original NDIS line:​ your next plan. “Your disability support needs might increase or Supports to build your skills decrease over time.”​ may have met the NDIS is balanced, funding criteria before, but the participant-centred, and same supports might not meet reflects reality. the criteria in the future. ●​ The reviewer copies this phrasing — but only to

Or, your disability support justify funding cuts or needs might increase or “anticipated reductions” in decrease over time. This may formal supports, not to mean we consider funding acknowledge growing needs.more or less supports as a result.

⚠️ 2. Silently shifts the meaning of ‘change’

●​ Instead of considering change in all directions, they predefine change as reduction, and turn supports like OT into a cost-saving strategy, not a capacity-building one. ●​ This quietly builds an expectation: we’ll fund you now, but only because we expect to fund you less later.

⚠️ 3. Misrepresents the intent of the NDIS

●​ The NDIS isn’t designed to “wean” people off supports. ●​ It’s designed to adjust funding as needs evolve, whether that means more support, less, or different types.

●​ Using “decrease in support needs” as a precondition for approving supports undermines the flexibility, dignity, and personal growth the Act was meant to support.

The NDIS Act requires supports to be effective and beneficial, not cost-reducing. This framing introduces a non-legislative funding condition, and fails to recognise that participants may require more supports over time, not just fewer.

2.10         Is supported independent living  However, the evidence available      Reviewer excludes: Active disability   The reviewer’s definition of “direct

suitable for you? How much     does not demonstrate the direct       support includes                      support” omits reference to

support do you need in your     support you require during the hours                                         “monitoring support,” which is

home everyday? LINK             of support requested per day.         Reviewer excludes: “It might also      clearly included in the NDIS’s own

include monitoring support, where a guidance. Monitoring — where a

Active disability support includes   Direct support is where a Support      support worker supervises you doing  support worker supervises and can

direct support, where a support    Worker assists you to do something    things yourself and can help you if     step in if needed — is essential for

worker helps you do something or  or does something for you.          you need it.”                   many participants whose support

does something for you. It might needs are intermittent, risk-based,

also include monitoring support,   Based on the evidence available, I    Reviewer changes “helps you” to     or supervision-related.

where a support worker        am not satisfied your request           “assists you”

supervises you doing things        represents value for money in                                     By excluding this form of support

yourself and can help you if you                                                                  and focusing solely on whether the                                              achieving substantially different

need it.                                                                                                                 participant needs constant hands-on                                        outcomes and will be effective and                                                                                                                            assistance, the reviewer has

beneficial in meeting your disability narrowed the definition of eligible support needs in addition to the support and failed to consider current good practice under

supports currently funded in your section 34(1)(d). plan. Furthermore, the reviewer imposes a new and unsupported requirement — that the requested support must achieve “substantially different outcomes” — which is not found in the NDIS Act. This raises the bar unlawfully and shifts focus from participant needs to bureaucratic cost justification.

  1. CHIROPRACTOR 3.4 NDIS Pricing Arrangements Pricing Arrangements (item 12) Reviewer excluded: (Repeats 4.4, 5.3, 6.3, 8.3, 9.6,

    and Price Limits 2025-26 v1.0 LINK “where maximum medical 10.6, 11.6, 13.6)

    (Repeats LINK state therapy supports are intended improvement has been reached”

    4.4, 5.3, These support items provide to facilitate functional improvement

    6.3, 8.3, therapeutic services to and provide maintenance care where “Therapy must be aimed at Seems like the reviewer tried to

    9.6, 10.6, participants (9 or older). Therapy the primary purpose is to provide adjustment, adaption, and building summarise this part of the pricing

    11.6, supports are for participants with ongoing support for a participant to capacity for community arrangements, but left out a lot.

    13.6) an established disability to maintain a level of functioning. participation.”

facilitate functional improvement, where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide

ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

3.6         Transitional rules 2024 LINK:    What does NDIS fund? (item 7)     Changed wording/ Meaning of Act:    (Repeats 4.6)

“Schedule 2 Supports that LINK

(Repeats   generally are not NDIS             the NDIS does not fund alternative or  The Act says “generally are not”      Not in line with the Act

4.6)       supports—-                     complementary medicine including    whereas Decision says “NDIS does

9 - Not evidenced based—         Chiropractor support.                 not fund”                              Chiropractic is not included on the

alternative and complementary                                  Added “including Chiropractor         “Not evidence based alternative and

therapies - The following:                                                   support.”                         complementary therapies” list LINK

(a) crystal therapy; (b) tarot card reading, psychics, AHPRA Regulates Chiropractic and

mediums, and clairvoyants;       NDIS Act Section 10 LINK (Chapter                                        defines it as Evidence-Based LINK

(c) cuddle therapy; 1) criteria: outlines supports, services

(d) reflexology;                 and items which can and cannot be                                           therefore it can be funded.

(e) aromatherapy; purchased using NDIS funds. This (f) sound therapy; support is more appropriately (g) yoga therapy; provided by Mainstream and (h) wilderness therapy; community supports (item 13) (i) animal therapy, including LINK. puppy therapy and goat therapy; (j) hair therapy; (k) alternative or complementary medicine.”

  1. ACUPUNCTURE 4.4 NDIS Pricing Arrangements REPEAT: Pricing Arrangements Reviewer excluded: REPEAT ERROR 3.4

    and Price Limits 2025-26 v1.0 (item 12) LINK “where maximum medical

    REPEAT LINK state therapy supports are intended improvement has been reached”

    ERROR These support items provide to facilitate functional improvement REPEAT ERROR SEE ABOVE 3.3

3.4 therapeutic services to and provide maintenance care where “Therapy must be aimed at Seems like the reviewer’s template

participants (9 or older). Therapy   the primary purpose is to provide      adjustment, adaption, and building     tried to re state or summarise this

supports are for participants with   ongoing support for a participant to    capacity for community                part of the pricing arrangements, but

an established disability to         maintain a level of functioning.          participation.”                                  left out a lot.

facilitate functional improvement, where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

4.6         Transitional rules 2024 LINK:    REPEAT:                       Changed wording/ Meaning of Act:   REPEAT ERROR 3.6

“Schedule 2 Supports that As per What does NDIS fund?

generally are not NDIS             (item 7) LINK the NDIS does not     The Act says “generally are not”

REPEAT   supports—-                      fund alternative or complementary    whereas Decision says “NDIS does   Not in line with the Act

ERROR   9 - Not evidenced based—         medicine including Acupuncture       not fund”                         Abuse/misuse of the Act

3.6          alternative and complementary     support.                                                      The Act Schedule says “generally

therapies - The following:                                       Added “including Acupuncture        are not”, implies it does fund in

(a) crystal therapy;                                                          support.”                      some cases. It doesn’t say “are not/

(b) tarot card reading, psychics, does not” mediums, and clairvoyants; (c) cuddle therapy; Acupuncture is regulated by AHPRA (d) reflexology; (not defined as evidence based) (e) aromatherapy; LINK

(f) sound therapy; (g) yoga therapy; (h) wilderness therapy; (i) animal therapy, including puppy therapy and goat therapy; (j) hair therapy; (k) alternative or complementary medicine.”

  1. VOCAL THERAPY 5.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

5.1(ii)     What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of

the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

5.1(iii)    OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

5.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

5.2(ii)       Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. Thei text seems to be from

ERROR     effective and beneficial, we look    the requested support is likely to be    Is the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

5.3       NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     “where maximum medical

REPEAT   LINK                         LINK                             improvement has been reached”

ERROR   These support items provide        state therapy supports are intended                               Seems like the reviewer tried to

3.4         therapeutic services to               to facilitate functional improvement    “Therapy must be aimed at          summarise this part of the pricing

participants (9 or older). Therapy   and provide maintenance care where  adjustment, adaption, and building    arrangements, but left out a lot.

supports are for participants with    the primary purpose is to provide      capacity for community

an established disability to         ongoing support for a participant to     participation.”

facilitate functional improvement, maintain a level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning

including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

5.5         Fair funding to pursue your       Referring to Fair funding to pursue   Reviewer added “however”         THIS ONE NEEDS COMMENT

goals LINK your goals (item 8) LINK …However, this doesn’t mean we Intimidating. Vague.

This doesn’t mean we fund all      fund all support costs associated      Reviewer omitted: Also, you may

support costs associated with you   with pursuing your goals. This is      have goals and aspirations we can’t

pursuing your goals. Also, you     because helping you pursue your      fund supports for.                 The reviewer’s version of this

may have goals and aspirations    goals is only one of the NDIS funding                                        section removes several important

we can’t fund supports for. This is   criteria. The supports we fund must    Reviewer omitted: This means not   and humanising phrases from the

because helping you pursue your  meet all of the NDIS funding criteria.    all supports that help you to pursue    original guidance. The removal of

goals is only one of the NDIS                                           your goals will be reasonable and     “you may have goals and

funding criteria. This means not                                         necessary.                            aspirations we can’t fund supports

all supports that help you to for” and “not all supports that help

pursue your goals will be                                           Reviewer added “The supports we    you pursue your goals will be

reasonable and necessary.                                            fund must meet all of the NDIS       reasonable and necessary” strips

funding criteria.” the context and empathy that help participants understand the intent behind funding rules.

In their place, the reviewer adds the more rigid line “The supports we fund must meet all of the NDIS funding criteria,” which, while legally correct, is presented without context. The cumulative effect is a statement that sounds restrictive, impersonal, and exclusion-focused, and does not reflect the participant-focused approach required by sections 3 and 4 of the NDIS Act.

5.7 NDIS Pricing Arrangements Furthermore, referring to Pricing Reviewer excluded “In particular, (Repeated in 6.5)

and Price Limits 2025-26 v1.0    Arrangements (item 12) LINK,       these support items”

(Repeats   LINK                             therapy supports can only be                                  The reviewer’s summary of the

6.5)         In particular, these support items    delivered by specific types of         Reviewer changed “the following” to   Pricing Arrangements

can only be delivered by the        professionals or have been accepted   “specific”                         misrepresents the original text by

following types of professionals,    by an approved quality auditor of the                                    excluding critical components

and by therapy assistants        NDIS Commission as having the      Reviewer added “or”                                                                                                                            that provide participant

operating under the delegation      relevant qualifications.                                                                                                                                   flexibility and access. These

and supervision of one of the                                        Reviewer excluded “and by therapy                                                                                                         omissions include:

following types of professionals:...                                          assistants operating under the                                                                                                                                                                                                                ·  The ability for

delegation and supervision of one of therapy

Note: Therapists who do not meet                                        the following types of professionals:                                                                                                                                    assistants to

the above definitions but who                                                                       ...”                                                                                                                                                         deliver supports

have been accepted by an under delegation,

approved quality auditor of the                                       Reviewer excluded “Note:                                                                                                                                                                                                                ·  The pathway for

NDIS Commission as having the                                         Therapists who do not meet the                                                                                                                         non-standard

relevant qualifications, expertise                                   above definitions but who have                                                                                                                             but qualified

and experience should use the                                       been”                                                                                                                                       therapists to use

“Other Professional” support item. the “Other Reviewer excluded “expertise and Professional” experience should use the “Other item, and

Professional” support item.”                                                                                                                                                                                                                ·  The clarification

that not all therapy supports are restricted — only certain support items are. Furthermore, replacing “the following types of professionals” with “specific types” introduces vagueness, while the use of “or” distorts the intended meaning —

making it appear that professional qualifications and Commission approval are interchangeable, which they are not. These changes undermine the participant’s ability to access appropriate, flexible, and lawful therapy supports, and reflect a restrictive reading not supported by the actual Pricing Arrangements.

  1. MUSIC THERAPY 6.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

6.1(ii)     What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in

the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

6.1(iii)    OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

6.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

6.2(ii) Is the support effective and REPEAT: The LINK provided by the REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

6.3                                   REPEAT:                          Reviewer excluded:

NDIS Pricing Arrangements      Pricing Arrangements (item 12)     “where maximum medical         REPEAT ERROR 3.4

REPEAT   and Price Limits 2025-26 v1.0    LINK                             improvement has been reached”

ERROR   LINK                                state therapy supports are intended

3.4       These support items provide        to facilitate functional improvement    “Therapy must be aimed at         Seems like the reviewer tried to

therapeutic services to           and provide maintenance care where  adjustment, adaption, and building    summarise this part of the pricing

participants (9 or older). Therapy   the primary purpose is to provide      capacity for community              arrangements, but left out a lot.

supports are for participants with   ongoing support for a participant to     participation.”

an established disability to maintain a level of functioning. facilitate functional improvement, “Including long term therapy/support where maximum medical required to achieve small improvement has been reached. incremental gains or to prevent functional decline.” Therapy must be aimed at

adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

6.5       NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded “In particular,    REPEAT ERROR 5.7

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     these support items”

REPEAT   LINK                            LINK,

ERROR     In particular, these support items   therapy supports can only be        Reviewer changed “the following” to

5.7        can only be delivered by the        delivered by specific types of            “specific”

following types of professionals, professionals or have been accepted

and by therapy assistants         by an approved quality auditor of the  Reviewer added “or”

operating under the delegation NDIS Commission as having the

and supervision of one of the       relevant qualifications               Reviewer excluded “and by therapy

following types of professionals:… assistants operating under the delegation and supervision of one of Note: Therapists who do not meet the following types of professionals: the above definitions but who …” have been accepted by an approved quality auditor of the Reviewer excluded “Note: NDIS Commission as having the Therapists who do not meet the relevant qualifications, expertise above definitions but who have and experience should use the been” “Other Professional” support item. Reviewer excluded “expertise and experience should use the “Other Professional” support item.”

  1. TRANSPORT 7.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

7.1(ii)     What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

7.1(iii) OG - Principles we follow to REPEAT: REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

7.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

7.2(ii)       Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for

someone” to “is likely to be effective and beneficial for someone”

7.3       NDIS (Supports for            NDIS (Supports for Participants)    Reviewer changed “for example” to   (Repeats see 18.2, 16.1)

Participants) Rule 5.1(d) LINK    Rule 5.1(d) LINK: Support relates    “such as”

(Repeats                                     to day-to-day living costs.          Reviewer changed “fees” to “bills”

18.2,            “it relates to day-to-day living                                                                                 This Is not in line with the act.

16.1)       costs (for example, rent, groceries  The NDIS is unable to provide a      Reviewer changed “attributable to”    Misquoting what the act says.

and utility fees) that are not        support that relates to a day-to-day     to “directly related or caused by”

attributable to a participant’s living cost such as rent, groceries or

disability support needs”                utility bills that are not directly related                                The reviewer misquotes Rule 5.1(d)

or caused by a participant’s of the NDIS (Supports for disability support needs. Participants) Rules by replacing the This support is a day to day living phrase “not attributable to” with “not cost and cannot be funded by the directly related or caused by.” This NDIS. significantly alters the meaning of the Rule by raising the standard of proof and excluding supports that are reasonably linked to disability needs but not directly caused by them.

The word “attributable” allows for flexibility and functional interpretation — for example, when a participant’s disability leads to increased electricity use or specialised grocery needs. The reviewer’s language imposes a higher standard not found in the Rule and improperly leads to categorical exclusion.

Furthermore, the addition of the

conclusion “cannot be funded by the NDIS” removes the intended discretion in applying this Rule based on participant circumstances.

7.4        Including Specific Types of     A participant’s transport supports      Reviewer excluded “also”             Misleading - Excluding that

Supports in Plans Operational   may include the reasonable and                                               transport can be used for student

Guideline - Transport LINK       necessary costs of taxis or other      Reviewer excluded “as well as         travel makes it seem as though it's

private transport options for            transport to and from school for       only for participants who can’t travel

“A participant’s transport supports   participants who are not able to        students”                           independently only.

may also include the reasonable travel independently. and necessary costs of taxis or other private transport options for The reviewer excludes key participants who are not able to language from the NDIS Transport travel independently, as well as Operational Guideline, notably the transport to and from school for phrase “as well as transport to and students” from school for students.” This exclusion creates a misleading impression that transport supports are limited only to those who cannot travel independently and does not acknowledge that school transport is an eligible, reasonable and necessary support where required.

Additionally, removing the word “also” removes the nuance that transport can be provided in combination with other support types. This narrows the meaning and contradicts the broader and more flexible approach set out in the guideline.

7.5 Including Specific Types of …Including Specific Types of Reviewer excluded “A participant will Reviewer seems to have

Supports in Plans Operational   Supports in Plans Operational      generally be able to access funding   altered/condensed the original

Guideline - Transport LINK       Guidelines – Transport LINK         through the NDIS for transport        paragraph, by leaving out some

assistance if the”​ information “A participant will generally be which states Transport Level 2 is

able to access funding through      suitable for participants who are      Reviewer added “Transport Level 2

the NDIS for transport assistance   unable to use public transport            is suitable for participants who are”

if the participant cannot use public  without substantial difficulty and are   and

transport without substantial working or studying up to 15 hours

difficulty due to their disability”      per week, are participating in day     Reviewer changed “cannot use” to

“Level 2 - the NDIS may provide    programs and for other social,         “unable to use”

$2,676 per year for participants recreational or leisure activities.

who are currently working or      Based on the evidence available,     Reviewer excluded “due to their

studying part-time (up to 15 hours  Transport Level 2 is suitable for your    disability”

per week), participating in day circumstances. programs and for other social, Reviewer excluded “currently” recreational, or leisure activities.” Reviewer excluded “or studying part-time”

7.6        Including Specific Types of                                        Reviewer added “also considered”    Changed original text from saying

Supports in Plans Operational    Furthermore, transport is also                                                   “transport can be considered

Guideline - Transport LINK       considered an incidental cost of       Reviewer added “is”                  day-to-day living cost”, to “transport

everyday life for most people and is is also considered a day-to-day

“ Transport is an incidental cost of   therefore also considered a          Reviewer excluded “can also be”       living cost”

everyday life for most people and,  day-to-day living cost.              and substituted  “is therefore also”

therefore, can also be considered This potentially changes the to be a day-to-day living cost.” meaning

  1. OT 30 HOURS 8.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i) money in that the costs of the NDIS supports need to represent the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

8.1(ii)     What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

8.1(iii)    OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii) the same outcome at a similar or support meets this criteria. create your plan.pdf LINK. outcome is about the NDIS not the

lower cost participant. “you with” has been omitted.

8.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

8.2(ii)       Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

8.3       NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0 Pricing Arrangements (item 12) “where maximum medical

REPEAT   LINK                         LINK                             improvement has been reached”

ERROR   These support items provide        state therapy supports are intended                               Seems like the reviewer tried to

3.4         therapeutic services to               to facilitate functional improvement    “Therapy must be aimed at          summarise this part of the pricing

participants (9 or older). Therapy   and provide maintenance care where  adjustment, adaption, and building    arrangements, but left out a lot.

supports are for participants with    the primary purpose is to provide      capacity for community

an established disability to         ongoing support for a participant to     participation.”

facilitate functional improvement, maintain a level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

8.5       NDIS Pricing Arrangements     The pricing recommendations state                                Where did she get this information

and Limits LINK                     that the NDIA fund capacity building                                     from?

Can’t find this in pricing hours based on support needs with arrangements - also can’t find recommendations from allied health what she means by “Pricing professionals, individual recommendations” circumstances, goals and risks. Travel costs are something you can negotiate with your provider, but we would not increase funding to cover travel costs to the provider.

  1. EXERCISE PHYSIO 9.1(i) Actual NDIS Act Section “NDIS Act Section 34(1)(c) criteria: REPEAT: REPEAT ERROR 1.1(i)

34(1)(c) LINK Value for money. LINK REPEAT Act says “alternative”. Decision says

ERROR    “the support represents value for   NDIS supports need to represent       “alternate”.                        Not in line with Act.

1.1(i)     money in that the costs of the      value for money in that the costs of

support are reasonable, relative    the support are reasonable relative   Reviewer adds ”when compared to

to both the benefits achieved and   to both the benefits achieved and the  the benefits to be achieved.”

the cost of alternative support;” cost of alternate support when compared to the benefits to be achieved.”

9.1(ii)     What does NDIS fund? Item 7    REPEAT:                       REPEAT:                     REPEAT ERROR 1.1(ii)

LINK: “For example, whether purchasing

REPEAT                                      the support is likely to reduce the      This sentence appears to be taken

ERROR    “purchasing the support is        cost of funding other supports in the   from a list of eight criteria (item 7)

1.1(ii)       likely to reduce the costs of      long term”

funding for other supports in Added “for example” the long term (NDIS Supports Excluded “for” for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

9.1(iii) OG - Principles we follow to REPEAT: REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

9.2(i)       Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

9.2(ii)       Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for

someone” to “is likely to be effective and beneficial for someone”

9.6       NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     “where maximum medical         REPEAT ERROR 3.4

REPEAT   LINK                         LINK state therapy supports are      improvement has been reached”

ERROR   These support items provide       intended to facilitate functional

3.4         therapeutic services to            improvement and provide            “Therapy must be aimed at         Seems like the reviewer tried to

participants (9 or older). Therapy   maintenance care where the primary   adjustment, adaption, and building    summarise this part of the pricing

supports are for participants with   purpose is to provide ongoing         capacity for community              arrangements, but left out a lot.

an established disability to         support for a participant to maintain a  participation.”

facilitate functional improvement, level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

  1. PHYSIO 10.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR “the support represents value for Reviewer adds ”when compared to Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

10.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

10.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

from Principles we follow to

ERROR options that may provide you with I am not satisfied the requested create your plan.pdf LINK. It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.                                          outcome is about the NDIS not the

“you with” has been omitted.            lower cost                                                                                                                  participant.

10.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

10.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

10.6      NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     “where maximum medical

LINK LINK state therapy supports are improvement has been reached”

REPEAT   These support items provide       intended to facilitate functional                                  Seems like the reviewer tried to

ERROR    therapeutic services to            improvement and provide            “Therapy must be aimed at          summarise this part of the pricing

3.4          participants (9 or older). Therapy   maintenance care where the primary   adjustment, adaption, and building    arrangements, but left out a lot.

supports are for participants with   purpose is to provide ongoing         capacity for community

an established disability to         support for a participant to maintain a  participation.”

facilitate functional improvement, level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

10.9      NDIS Pricing Arrangements      Referring to Pricing Arrangements  Changed “these support items” to    Supports that are not “NDIS

LINK                             (item 12) LINK, Therapy support      “therapy support”                  Supports” LINK:

“These support items cannot be    cannot be used for massage,                                             “Wellness and coaching related

used for massage, delivered        delivered directly to impact a body                                                                      -​  Massage that is not provided

directly to impact a body part or     part or body system, as these                                               by an allied health

body system, as these supports    supports are more appropriately                                                     professional for disability

are more appropriately funded by   funded by the health system.                                                          related purposes.”

the health system.”

  1. SPEECH PATHOLOGY

11.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

34(1)(c) LINK                  “NDIS Act Section 34(1)(c) criteria:   “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

11.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

11.1(iii) OG - Principles we follow to REPEAT:

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative                              REPEAT ERROR 1.1(iii)

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with the Act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

11.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with the Act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

11.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. Thai text seems to be from

ERROR     effective and beneficial, we look    the requested support is likely to be    Is the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for

someone” to “is likely to be effective and beneficial for someone”

11.6      NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     “where maximum medical

REPEAT   LINK                         LINK state therapy supports are      improvement has been reached”

ERROR   These support items provide       intended to facilitate functional                                  Seems like the review summarised

3.4         therapeutic services to            improvement and provide            “Therapy must be aimed at              this part of the pricing

participants (9 or older). Therapy   maintenance care where the primary   adjustment, adaption, and building    arrangements, but left out a lot.

supports are for participants with   purpose is to provide ongoing         capacity for community

an established disability to         support for a participant to maintain a  participation.”

facilitate functional improvement, level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

  1. PODIATRIST

12.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

34(1)(c) LINK                  “NDIS Act Section 34(1)(c) criteria:   “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

12.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

12.1(iii) OG - Principles we follow to REPEAT: REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include thisREPEAT options that may provide the same

text. Thai text seems to beERROR   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

1.1(iii)      options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

12.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

12.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. Thai text seems to be from

ERROR     effective and beneficial, we look    the requested support is likely to be    Is the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for

someone” to “is likely to be effective and beneficial for someone”

12.6      NDIS (Supports for            NDIS (Supports for Participants)    The link provided does not include    (Repeats see 23.3, 14.6)

Participants) Rule 5.1(b) LINK    Rule 5.1(b) LINK: Support is not      any of what she wrote below the first

(Repeats   “A support will not be provided or   related to the participant’s disability.   sentence. The source of this

see 23.3,   funded under the NDIS if: (b) it is                                          information was from NDIS website:

14.6)       not related to the participant’s                                                     Is the support related to your

disability; or” disability?. The reviewer has changed the wording as well: Is the support related to your The NDIS can’t fund a support if it’s

disability? LINK                   not related to the participant’s        ●​ Reviewer changed “we’ll only” to

we’ll only fund a support if it          disability. There must be a direct link     “the NDIS can’t”

relates to your disability. This       or a connection between the           ●​ Reviewer added “it’s not”

means there must be a direct link    disability and the supports funded.     ●​ Reviewer changed “your” to

between your disability support “the participant’s”

needs and the NDIS supports we  We look at whether the support        ●​ Reviewer added “or a connection”

fund.                           addresses disability support needs.    ●​ Reviewer changed “your” to

This support is not related to the “the”

We consider if the support           participant’s disability and cannot be   ●​ Reviewer changed “NDIS

addresses your disability support   funded by the NDIS.                    supports we fund” to “supports

needs. funded” ●​ ●​ Reviewer changed “consider if” to “look at whether” ●​ Reviewer omitted “your”

  1. ORTHOTIST/ NECK BRACE 13.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of

to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

13.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

13.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. Thai text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

13.2(i) Act NDIS Act Section 34(1)(d) REPEAT: ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed                                               Effective and beneficial                                              Not in line with act.

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been                   It Removes the personal. Makes it

ERROR     likely to be, effective and          To meet this criteria the support will                                         out to be beneficial for the NDIS, not                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            the participant.

having regard to current good       beneficial, having regard to current                                 Adds another hurdle by saying good

practice”                      good practice and evidence.                                                   practice and evidence

13.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

13.6      NDIS Pricing Arrangements     REPEAT:                          Reviewer excluded:             REPEAT ERROR 3.4

and Price Limits 2025-26 v1.0     Pricing Arrangements (item 12)     “where maximum medical

REPEAT   LINK                         LINK state therapy supports are      improvement has been reached”     Seems like the reviewer tried to

ERROR These support items provide intended to facilitate functional summarise this part of the pricing

3.4         therapeutic services to            improvement and provide            “Therapy must be aimed at           arrangements, but left out a lot.

participants (9 or older). Therapy   maintenance care where the primary   adjustment, adaption, and building

supports are for participants with   purpose is to provide ongoing         capacity for community

an established disability to         support for a participant to maintain a  participation.”

facilitate functional improvement, level of functioning. where maximum medical “Including long term therapy/support improvement has been reached. required to achieve small incremental gains or to prevent Therapy must be aimed at functional decline.” adjustment, adaption, and building capacity for community participation. Maintenance care can be claimed against a participant’s plan, where the primary purpose is to provide ongoing support for a participant to maintain a level of functioning including long term therapy/support required to achieve small incremental gains or to prevent functional decline.

13.8       Supports that are not NDIS       Referring to What does NDIS      Added “including pain management”  Item 7 does not state anything

supports (Item 7) LINK          fund? (item 7) LINK the NDIS does                                      about NDIS not supporting Pain

not fund time-limited, Management. “Time-limited, recovery-oriented recovery-oriented services and

services and therapies:             therapies where the predominant                                         Chronic pain is seen as a disability

where the predominant purpose is  purpose is treatment directly related                                            that can be funded by NDIS if its

treatment directly related to the      to the person’s health status,                                            permanently disabling and all

person’s health status, or           including pain management. This                                         medical avenues have been

provided after a recent medical or   support is more appropriately                                                explored:

surgical event, with the aim of provided by Mainstream and

improving the person’s functional   community support (item 13). LINK                                     There was a tribunal that found

status, including post-acute chronic pain is a disability LINK

rehabilitation or post-acute care.” “In this instance, chronic pain conditions were determined to be a disability for the purposes of the NDIS. However, in this case, on the basis that there are suitable treatment options (which are most appropriately provided by the public health system) that had not been fully explored, the AAT decided not to overturn the original decision because JM’s disability was not considered permanent.”

Another tribunal case LINK “Given the findings of permanency, being a severe disability and that the Applicant suffers constant and disabling pain, together with the fact that there are supports that the Applicant will require which cannot be provided by the healthcare system or commonly used items as contended by the Respondent, the Tribunal finds that on the preponderance of evidence the Applicant is likely to require support under the NDIS for her lifetime within the meaning of section 24 (1) (e).”

Additionally Supports that are not “NDIS Supports” LINK: “Equipment or assistive products prescribed or issued as a result of

clinical care, treatment or management from a medical practitioner and then delivered in the clinical setting, unrelated to the person’s disability. For example, a knee brace issued following an acute knee ligament injury after sport or gardening accident.”

  1. DIETICIAN 14.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

    REPEAT Value for money. LINK Not in line with Act.

    ERROR “the support represents value for Reviewer adds ”when compared to

    1.1(i) money in that the costs of the NDIS supports need to represent the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

14.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money…

(c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

14.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

14.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed                                               Effective and beneficial                                              Not in line with act.

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been                   It Removes the personal. Makes it

ERROR     likely to be, effective and          To meet this criteria the support will                                         out to be beneficial for the NDIS, not                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            the participant.

having regard to current good       beneficial, having regard to current                                 Adds another hurdle by saying good

practice”                      good practice and evidence.                                                   practice and evidence

14.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii) at what is current good practice. effective and beneficial for someone beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

14.6      NDIS (Supports for            REPEAT:                       The link provided does not include   REPEAT ERROR

Participants) Rule 5.1(b) LINK    NDIS (Supports for Participants)    any of what she wrote below the first  12.6

REPEAT   “A support will not be provided or   Rule 5.1(b) LINK: Support is not      sentence. The source of this

ERROR    funded under the NDIS if: (b) it is   related to the participant’s disability.   information was from NDIS website:

12.6        not related to the participant’s                                                     Is the support related to your

disability; or” disability?. The reviewer has changed the wording as well: Is the support related to your

disability? LINK               The NDIS can’t fund a support if it’s    ●​ Reviewer changed “we’ll only” to

we’ll only fund a support if it        not related to the participant’s           “the NDIS can’t”

relates to your disability. This         disability. There must be a direct link  ●​ Reviewer added “it’s not”

means there must be a direct link   or a connection between the           ●​ Reviewer changed “your” to

between your disability support      disability and the supports funded.       “the participant’s”

needs and the NDIS supports we ●​ Reviewer added “or a connection”

fund.                   We look at whether the support        ●​ Reviewer changed “your” to

addresses disability support needs. “the”

We consider if the support          This support is not related to the       ●​ Reviewer changed “NDIS

addresses your disability support   participant’s disability and cannot be      supports we fund” to “supports

needs.                          funded by the NDIS.                    funded”

●​

●​ Reviewer changed “consider if” to “look at whether” ●​ Reviewer omitted “your”

  1. NECK BRACE/ COLLAR 15.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

    REPEAT Value for money. LINK Not in line with Act.

    ERROR “the support represents value for Reviewer adds ”when compared to

    1.1(i) money in that the costs of the NDIS supports need to represent the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

15.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may

be value for money given their potential to avoid or delay reliance on more costly supports);”

15.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this                                               options that may provide the same                                     Not in line with act.

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                                                     It Removes the personal. The

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to         outcome is about the NDIS not the

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.              participant.

lower cost “you with” has been omitted.

15.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed                                               Effective and beneficial                                              Not in line with act.

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been                   It Removes the personal. Makes it

ERROR     likely to be, effective and          To meet this criteria the support will                                         out to be beneficial for the NDIS, not                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            the participant.

having regard to current good       beneficial, having regard to current                                 Adds another hurdle by saying good

practice”                      good practice and evidence.                                                   practice and evidence

15.2(ii) Is the support effective and REPEAT: The LINK provided by the REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

15.3       Assistive Technology (item 17)   REPEAT:                       The LINK provided by the reviewer   REPEAT ERROR 1.3

LINK​                            Assistive Technology (item 17)     does not include the highlighted part

REPEAT   “When we talk about assistive     LINK means equipment, technology    of the sentence. Seems to be         This is where the new line is to

ERROR    technology, we mean equipment,   and devices that help you do things   added?                       make approving the support be

1.3         technology and devices that help   you can’t do because of your                                                contingent on it reducing funding

you do things you can’t do            disability, assist you to increase your                                  needs in another area. So budget

because of your disability. Or      independence and reduce your need                                       stays the same. Another hurdle.

things that help you do something   for formal supports.                                                    Another breach of the Act?

more easily or safely.” new hurdle is that approval contingent on it reducing another support cost.

  1. DRAWERS 16.1 NDIS (Supports for REPEAT: Reviewer changed “for example” to

Participants) Rule 5.1(d) LINK NDIS (Supports for Participants) “such as” REPEAT ERROR 7.3

REPEAT                                 Rule 5.1(d) LINK: Support relates    Reviewer changed “fees” to “bills”

ERROR       “it relates to day-to-day living       to day-to-day living costs.                                               This Is not in line with the act.

7.3         costs (for example, rent, groceries                                   Reviewer changed “attributable to”    Misquoting what the act says.

and utility fees) that are not       The NDIS is unable to provide a        to “directly related or caused by”

attributable to a participant’s support that relates to a day-to-day disability support needs” living cost such as rent, groceries or utility bills that are not directly related or caused by a participant’s disability support needs. This support is a day to day living cost and cannot be funded by the NDIS.

16.4       Assistive Technology (item 17)   REPEAT:                       The link provided by the reviewer    REPEAT ERROR 1.3

LINK​                            Assistive Technology (item 17)     does not include the highlighted part

REPEAT   “When we talk about assistive     LINK means equipment, technology    of the sentence. Seems to be

ERROR    technology, we mean equipment,   and devices that help you do things   added?

1.3         technology and devices that help   you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

16.5       Supports that are not “NDIS     What does NDIS fund? (item 7)    GP and Neurologist Recommended   (Repeats 19.7)

Supports” LINK:               LINK the NDIS does not fund         Organizing Drawers on Wheels

(Repeats   “Standard furniture, fixtures or      standard furniture. NDIS Act Section  LINK.                     DOES NOT MENTION “organising”

19.7)         fittings. For example, lounges,     10 criteria LINK (Chapter 1): outlines   This type of item is not mentioned in  DRAWERS on standard furniture list

beds, fire alarms, blinds.”           supports, services and items which    the examples of standard furniture.    or recliners

can and cannot be purchased using NDIS funds. It’s the mobile which is important.

  1. RECLINER CHAIR 17.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK Not in line with Act.

ERROR    “the support represents value for                                     Reviewer adds ”when compared to

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

17.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

17.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this                                               options that may provide the same                                     Not in line with act.

text. The text seems to be

REPEAT when compared to alternative outcome at a similar or lower cost. from Principles we follow to It Removes the personal. The

ERROR    options that may provide you with     I am not satisfied the requested        create your plan.pdf LINK.          outcome is about the NDIS not the

1.1(iii)      the same outcome at a similar or   support meets this criteria.                                                        participant.

“you with” has been omitted. lower cost

17.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                               REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed                                               Effective and beneficial                                              Not in line with act.

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been                   It Removes the personal. Makes it

ERROR     likely to be, effective and          To meet this criteria the support will                                         out to be beneficial for the NDIS, not                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            the participant.

having regard to current good       beneficial, having regard to current                                 Adds another hurdle by saying good

practice”                      good practice and evidence.                                                   practice and evidence

17.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

17.6 Assistive Technology (item 17) REPEAT: The link provided by the reviewer

LINK​                            Assistive Technology (item 17)     does not include the highlighted part  REPEAT ERROR 1.3

REPEAT   “When we talk about assistive     LINK means equipment, technology    of the sentence. Seems to be

ERROR    technology, we mean equipment,   and devices that help you do things   added?

1.3         technology and devices that help   you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

17.6       Recliners and lift chairs LINK:    “To determine if a Recliner chair is an  Reviewer summarises information    <Takes out examples, and removes

“To work out whether an electric   NDIS support for you we require      about the evidence needed for a      connections to the participant

lift chair is an NDIS support for     evidence that assists us to             recliner chair into just:

Brenda, we look at the            determine if the recliner chair will be   “We require evidence”

information she gives us against effective and beneficial in meeting

the NDIS funding criteria. She      your needs in the long term, can be   Reviewer “summarised” some of the

would have to show written        used safely by yourself and whether   websites criteria and added “in

evidence that she needs the        lower cost options have been        meeting your needs in the long term”

furniture because of her disability explored that could assist you to

support needs. This could be a     achieve the same or similar          Reviewer changed meaning from

report, letter or email from a        outcomes.”                             “[lower lost options] would not be    < Reviewer trying to imply that lower

registered therapist.                                             adequate in meeting Brenda’s        lost options must show that they

disability support needs” don’t achieve the same OR

It would need to show us the lift                                           To:                            SIMILAR outcomes, whereas, the

chair:                                                                         “[lower cost options] that could        website does not imply similar

-​   is needed as a result of                                               assist you to achieve the same or    outcomes must be met, it implies

Brenda’s disability support                                        similar outcomes.”                    that lower cost options must show

needs they do not meet the participant’s

-​  can be properly installed                                                                                                disability support needs.

and safely operated by Brenda Trying to change the meaning of

-​   will be effective and                                                                          what lower cost options can and

beneficial in increasing her cannot be considered? Almost independence when adding an element of discretion by moving between sitting saying “same or similar outcomes”…

and standing. who decides whether it’s similar It also needs to show the lift chair enough? What about meeting is value for money. This may needs? include giving us evidence from a therapist or clinician that shows either: -​ a comparable support, such as a more standard chair, would not be adequate in meeting Brenda’s disability support needs -​ the lift chair would likely reduce the long-term cost of other supports, for example home care support hours.”

  1. WHITEBOARD 18.2 NDIS (Supports for REPEAT: Reviewer changed “for example” to

    Participants) Rule 5.1(d) LINK NDIS (Supports for Participants) “such as” REPEAT ERROR 7.3

    REPEAT Rule 5.1(d) LINK: Support relates Reviewer changed “fees” to “bills”

    ERROR “it relates to day-to-day living to day-to-day living costs. is not in line with the act.

    7.3 costs (for example, rent, groceries Reviewer changed “attributable to” Misquoting what the act says.

    and utility fees) that are not The NDIS is unable to provide a to “directly related or caused by”

attributable to a participant’s support that relates to a day-to-day disability support needs” living cost such as rent, groceries or utility bills that are not directly related or caused by a participant’s disability support needs. This support is a day to day living cost and cannot be funded by the NDIS.

18.5       Assistive Technology (item 17)   REPEAT:                       The link provided by the reviewer

LINK​ Assistive Technology (item 17) does not include the highlighted part REPEAT ERROR 1.3

REPEAT   “When we talk about assistive     LINK means equipment, technology    of the sentence. Seems to be

ERROR    technology, we mean equipment,   and devices that help you do things   added?

1.3         technology and devices that help   you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

18.6       Supports that are not “NDIS     What does NDIS fund? (item 7)    A Whiteboard is not a standard      The Reviewer does not explain

Supports” LINK:                                                 Household Item.               how it was determined a                                       LINK

“Standard household (including whiteboard is included as a

“The NDIS does not fund standard           garden) items, appliances, tools                                                              It's not explicitly stated on the list.    household item when it is directly

and products. For example, a      household items. NDIS Act Section                                        linked to a disability, it is not

dishwasher, fridge, washing       10 criteria: outlines supports,          Nothing on the example list is similar  included or implied in the list or

machine, non-modified kitchen      services and items which can and      to a whiteboard.                   examples. The Reviewer does not

utensils and crockery, food         cannot be purchased using NDIS                                         explain why the stated direct

processors, electric toothbrushes,   funds.”                                                                   relationship to the disability is

floor rugs, beanbags, standard not relevant. mattresses, and bedding.” ​ “Whiteboard for music composition - use of a whiteboard with post it notes and magnets has already been effective in assisting Catherine to organise her thoughts and support her information processing and memory when composing the opera. When Catherine starts composing the music notation, a mobile whiteboard with music staves would assist her memory, information processing and allow

her to use a range of postures”.

18.7      Examples of employment      …The evidence available reports you  The link provided by the Reviewer    (Repeats see 22.7, 21.7, 20.7, 19.8)

supports that are not NDIS                                       does not contain the wording stated.                                                           utilise a whiteboard to develop the

(Repeats   supports LINK                                              opera. As per What does NDIS

see 22.7,  Work specific aids and equipment                                The link that the reviewer provided    This was the basis for refusal to

fund? (item 7) LINK, the NDIS does21.7,      you need for your disability to                                      does not include “work specific aids   fund multiple supports related to

not fund work-specific aids and20.7,       perform your work tasks,                                         and equipment” or mentions of a      Catherine’s ongoing goal of

19.8)       including modified hardware and   equipment required to perform a job.   “job”.                            composing an opera.

software This is the responsibility of

Mainstream and Community        The wording provided by the        They have not considered the OT

supports to provide (item 13) LINK.    Reviewer is not contained in the link   report:

provided by the Reviewer. “Catherine is not currently able to This wording only appears and only work due to her impairments but is in part in Examples of employment highly motivated to continue to supports that are not NDIS perform and compose music where supports LINK which information possible.” the reviewer did not provide There is nowhere that the evidence Notwithstanding this, the Reviewer states Catherine is doing a job. changed the end of the sentence in that section and added required to This appears to be a sleight of hand perform a job. - an excuse to refuse.

They do not define “job” anywhere.

  1. SIT/ STAND DESK 19.6 Assistive Technology (item 17) REPEAT: The link provided by the reviewer

    LINK​ Assistive Technology (item 17) does not include the highlighted part REPEAT ERROR 1.3

    REPEAT “When we talk about assistive LINK means equipment, technology of the sentence. Seems to be

    ERROR technology, we mean equipment, and devices that help you do things added?

    1.3 technology and devices that help you can’t do because of your

you do things you can’t do disability, assist you to increase your

because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

19.7       Supports that are not “NDIS     REPEAT:                   OT Recommended Small height     REPEAT ERROR 16.5

Supports” LINK:              What does NDIS fund? (item 7)      adjustable mobile desk for laptop

REPEAT   “Standard furniture, fixtures or     LINK the NDIS does not fund        when using the desktop magnifier

ERROR     fittings. For example, lounges,      standard furniture. NDIS Act Section  LINK.

16.5       beds, fire alarms, blinds.”         10 criteria LINK (Chapter 1): outlines   This type of item is not mentioned in

supports, services and items which the examples of standard furniture. can and cannot be purchased using NDIS funds.

19.8      Examples of employment       REPEAT:                          Could not find words in reviewers    REPEAT ERROR 18.7

supports that are not NDIS     …The evidence available reports     given link, found words in Examples

REPEAT   supports LINK                                                         of employment supports that are                                        you utilise a height adjustable desk

ERROR   Work specific aids and equipment                                    not NDIS supports LINK                                                    whilst working on your opera. As per

18.7 you need for your disability to

What does NDIS fund? (item 7)           perform your work tasks,                                            Reviewer changed the end of the

LINK, the NDIS does not fund             including modified hardware and                                      sentence

software work-specific aids and equipment required to perform a job. This is the responsibility of Mainstream and Community supports to provide (item

  1. LINK.
  1. ROLLER PENS 20.5 Assistive Technology (item 17) REPEAT: The link provided by the reviewer

    LINK​ Assistive Technology (item 17) does not include the highlighted part REPEAT ERROR 1.3

    REPEAT “When we talk about assistive LINK means equipment, technology of the sentence. Seems to be

    ERROR technology, we mean equipment, and devices that help you do things added?

    1.3 technology and devices that help you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need

things that help you do something for formal supports. more easily or safely.”

20.7      Examples of employment       REPEAT:                          Could not find words in reviewers    REPEAR ERROR 18.7

supports that are not NDIS     …The evidence available reports     given link, found words in Examples

REPEAR   supports LINK                                                         of employment supports that are                                        you utilise roller pens* to develop the

ERROR   Work specific aids and equipment                                    not NDIS supports LINK                                              opera. As per What does NDIS

18.7 you need for your disability to

fund? (item 7) LINK, the NDIS does           perform your work tasks,                                                            *All words are the same as 18.5,

not fund work-specific aids and             including modified hardware and                                       except for “height adjustable desk”

software                        equipment required to perform a job.   being changed to “roller pens”

This is the responsibility of Mainstream and Community Reviewer changed the end of the supports to provide (item 13) LINK. sentence

  1. STICKY NOTES 21.5 Assistive Technology (item 17) REPEAT: The link provided by the reviewer REPEAT ERROR 1.3

    LINK​ Assistive Technology (item 17) does not include the highlighted part

    REPEAT “When we talk about assistive LINK means equipment, technology of the sentence. Seems to be

    ERROR technology, we mean equipment, and devices that help you do things added?

    1.3 technology and devices that help you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

21.7      Examples of employment       REPEAT:                          Could not find words in reviewers    REPEAT ERROR 18.7

supports that are not NDIS     …The evidence available reports     given link, found words in Examples

REPEAT   supports LINK                                                         of employment supports that are                                        you utilise sticky notes* to develop

ERROR   Work specific aids and equipment                                    not NDIS supports LINK                                               the opera. As per What does NDIS

18.7 you need for your disability to

fund? (item 7) LINK, the NDIS does           perform your work tasks,                                                            *All words are the same as 18.5,

not fund work-specific aids and             including modified hardware and                                       except for “height adjustable desk”

software                        equipment required to perform a job.   being changed to “sticky notes”

This is the responsibility of

Mainstream and Community Reviewer changed the end of the supports to provide (item 13) LINK. sentence

  1. MAGNETS 22.5 Assistive Technology (item 17) REPEAT: The link provided by the reviewer

    LINK​ Assistive Technology (item 17) does not include the highlighted part REPEAT ERROR 1.3

    REPEAT “When we talk about assistive LINK means equipment, technology of the sentence. Seems to be

    ERROR technology, we mean equipment, and devices that help you do things added?

    1.3 technology and devices that help you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

22.7      Examples of employment       REPEAT:                          Could not find words in reviewers    REPEAT ERROR 18.7

supports that are not NDIS     …The evidence available reports     given link, found words in Examples

REPEAT   supports LINK                                                         of employment supports that are                                        you utilise magnets* to develop the

ERROR   Work specific aids and equipment                                    not NDIS supports LINK                                              opera. As per What does NDIS

18.7 you need for your disability to

fund? (item 7) LINK, the NDIS does           perform your work tasks,                                                            *All words are the same as 18.5,

not fund work-specific aids and             including modified hardware and                                       except for “height adjustable desk”

software                        equipment required to perform a job.   being changed to “magnets”

This is the responsibility of Mainstream and Community Reviewer changed the end of the supports to provide (item 13) LINK. sentence

  1. AIRPODS 23.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

REPEAT Value for money. LINK

ERROR    “the support represents value for                                     Reviewer adds ”when compared to   Not in line with Act.

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of

to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

23.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

23.1(iii)   OG - Principles we follow to     REPEAT:                                               REPEAT ERROR 1.1(iii)

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative

reviewer does not include this options that may provide the same

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                     Not in line with act.

ERROR    options that may provide you with     I am not satisfied the requested      from Principles we follow to                  It Removes the personal. The

1.1(iii)      the same outcome at a similar or   support meets this criteria.            create your plan.pdf LINK.          outcome is about the NDIS not the

lower cost                                                                                                                  participant.                                                                          “you with” has been omitted.

23.2(i) Act NDIS Act Section 34(1)(d) REPEAT: REPEAT ERROR 1.2(i)

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:

removed Effective and beneficial

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been          Not in line with act.

ERROR     likely to be, effective and          To meet this criteria the support will                                                                     It Removes the personal. Makes it                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                            out to be beneficial for the NDIS, not

having regard to current good       beneficial, having regard to current                                         the participant.

practice”                      good practice and evidence.                                       Adds another hurdle by saying good

practice and evidence

23.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the       REPEAT ERROR 1.2(ii)

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”

23.3      NDIS (Supports for            REPEAT:                       The link provided does not include   REPEAT ERROR

Participants) Rule 5.1(b) LINK    NDIS (Supports for Participants)    any of what she wrote below the first  12.6

REPEAT   “A support will not be provided or   Rule 5.1(b) LINK: Support is not      sentence. The source of this

ERROR funded under the NDIS if: (b) it is related to the participant’s disability. information was from NDIS website:

12.6        not related to the participant’s                                                     Is the support related to your

disability; or” disability?. The reviewer has changed the wording as well: Is the support related to your

disability? LINK               The NDIS can’t fund a support if it’s    ●​ Reviewer changed “we’ll only” to

we’ll only fund a support if it        not related to the participant’s           “the NDIS can’t”

relates to your disability. This         disability. There must be a direct link  ●​ Reviewer added “it’s not”

means there must be a direct link   or a connection between the           ●​ Reviewer changed “your” to

between your disability support      disability and the supports funded.       “the participant’s”

needs and the NDIS supports we ●​ Reviewer added “or a connection”

fund.                   We look at whether the support        ●​ Reviewer changed “your” to

addresses disability support needs. “the”

We consider if the support          This support is not related to the       ●​ Reviewer changed “NDIS

addresses your disability support   participant’s disability and cannot be      supports we fund” to “supports

needs.                          funded by the NDIS.                    funded”

●​ ●​ Reviewer changed “consider if” to “look at whether” ●​ Reviewer omitted “your”

23.7       Assistive Technology (item 17)  REPEAT:                       The link provided by the reviewer    REPEAT ERROR 1.3

LINK​                            Assistive Technology (item 17)     does not include the highlighted part

REPEAT   “When we talk about assistive     LINK means equipment, technology    of the sentence. Seems to be

ERROR    technology, we mean equipment,   and devices that help you do things   added?

1.3         technology and devices that help   you can’t do because of your

you do things you can’t do disability, assist you to increase your because of your disability. Or independence and reduce your need things that help you do something for formal supports. more easily or safely.”

  1. SPECIALIST SUPPORT COORDINATION 24.1(i) Actual NDIS Act Section REPEAT: Act says “alternative”. Decision says REPEAT ERROR 1.1(i)

    34(1)(c) LINK “NDIS Act Section 34(1)(c) criteria: “alternate”.

    REPEAT Value for money. LINK Not in line with Act.

ERROR “the support represents value for Reviewer adds ”when compared to

1.1(i)     money in that the costs of the     NDIS supports need to represent      the benefits to be achieved.”

support are reasonable, relative value for money in that the costs of to both the benefits achieved and the support are reasonable relative the cost of alternative support;” to both the benefits achieved and the cost of alternate support when compared to the benefits to be achieved.”

24.1(ii)    What does NDIS fund? Item 7    REPEAT:                            This sentence appears to be taken   REPEAT ERROR 1.1(ii)

LINK:                              “For example, whether purchasing     from a list of eight criteria (item 7)

REPEAT the support is likely to reduce the

ERROR    “purchasing the support is        cost of funding other supports in the   Added “for example”

1.1(ii)       likely to reduce the costs of      long term”                         Excluded “for”

funding for other supports in the long term (NDIS Supports for Participants Rule 3.1(c)).” LINK:

“Value for money… (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports);”

24.1(iii)   OG - Principles we follow to     REPEAT:                                                           Not in line with act.

The LINK provided by the           create your plan.pdf LINK       and when compared to alternative                                                                       It Removes the personal. The

reviewer does not include this                                               options that may provide the same                                   outcome is about the NDIS not the

text. The text seems to beREPEAT   when compared to alternative     outcome at a similar or lower cost.                                               participant.

from Principles we follow to

ERROR options that may provide you with I am not satisfied the requested create your plan.pdf LINK.

1.1(iii)      the same outcome at a similar or   support meets this criteria.

“you with” has been omitted. lower cost

24.2(i)      Act NDIS Act Section 34(1)(d)     REPEAT:                                                           Not in line with act.

“For the participant” has been           LINK:                       NDIS Act Section 34(1)(d) criteria:                                                                   It Removes the personal. Makes it

removed                                               Effective and beneficial                                                   out to be beneficial for the NDIS, not

REPEAT    “(d)  the support will be, or is                                      “and evidence” has been           the participant.

ERROR     likely to be, effective and          To meet this criteria the support will                                  Adds another hurdle by saying good                                                                      added.

1.2(i)        beneficial for the participant,        be, or is likely to be effective and                                              practice and evidence

having regard to current good beneficial, having regard to current practice” good practice and evidence.

24.2(ii)      Is the support effective and     REPEAT:                     The LINK provided by the

beneficial? LINK                   “This means we consider if there is   reviewer does not include this

REPEAT   “When we decide if a support is     sufficient evidence to demonstrate      text. The text seems to be from Is

ERROR     effective and beneficial, we look    the requested support is likely to be   the support effective and

1.2(ii)       at what is current good practice.     effective and beneficial for someone                                                                                  beneficial? LINK.

with similar disability support needs They change “we look at” to “we

This means we look at if there is   and assist in progressing towards     consider”

evidence that the support works NDIS goals.

for someone with similar disability     I am not satisfied this support meets  They add “Sufficient”

support needs and assist in this criteria.” progressing towards NDIS goals” They add “to demonstrate the requested” support

They change “support works for someone” to “is likely to be effective and beneficial for someone”