31 May 2026
Since my initial submission I have learned a great deal more about this Bill and my concerns have only increased significantly.
I OPPOSE THE BILL IN ITS CURRENT FORM and REQUEST AN EXTENSION OF TIME FOR
THE PEOPLE THE BILL MOST AFFECTS (PWD and their supporters) TO ENGAGE IN
MEANINGFUL ENGAGEMENT with further opportunities for AUTHENTIC CO DESIGN
I can’t believe just how poorly this Bill has been constructed…how many instances where the changes destroy the NDIS as it was proposed and envisaged, the NDIS so many fought so long to achieve. The NDIS that Australians were so proud of.
NEEDS DON’T DISAPPEAR. BABIES DON’T STOP BEING BORN WITH SIGNIFICANT
DISABILITIES. PEOPLE DON’T STOO ACQUIRING DISABILITIES.
Costs just transfer to other government budgets: health, education, aged care, community….
And increases the unpaid work of family carers who will be forced out of paid work and the taxes they used to pay will disappear etc.
Some of my biggest concerns are about Funding caps Tightened access My son, born with severe multiple disabilities, needing to be ASSESSED yet again by an unsuitable tool delivered by an unsuitable trained person and then fed to an algorithm. The trauma of another assessment and the waste of resources doing this and fighting against it when it suits out a plan that doesn’t recognise his unique personality and unique nuanced needs..oops we cannot appeal it.!
Other concerns are: The elimination of rollovers What’s going to children and adults kicked off the NDIS when there’s next to nothing to go to. When babies are born in Australia, will their needs be met? Australians are very concerned about the future their children and grandchildren face with regards to the availability of appropriate best practice supports and resources.
The sweeping and inappropriate new powers to Ministers
But I am also very, very concerned by several sweeping structural, governance and administrative changes that whilst they.may have been designed to achieve significant budget cuts, what they would achieve if this legislation is passed is a TERRIFYING AND UNJUST shift of power. away from NDIS participants and from the Federal Parliament , and in doing so reduce the accountability of the NDIS and significantly changing how the NDIS operates on a daily basis.
In Schedule 3, part 2 the Bill gives express legislative authority for the Agency to use Automated Decision-Making to take administrative decisions which include processing plans, approving plans and to make “evaluative judgements” without human intervention. This is a dangerous overreach of power, especially when participants have no opportunity to appeal such decisions. Internationally there is much work to be done in establishing appropriate tasks, and checks and balances, in the use of AI, particularly in human services. This Bill lacks sufficient respect for the serious dangers the proposed uses of AI have as permitted in this Bill.
The Bill seeks to legally extend the timeframe that the NDIA has to decide on new access requests from current 21 days to 90 days. And similar change in timeframe when a participant requests a plan reassessment. By removing “deemed refusal” protections, a participant has NO LEGAL RIGHT TO APPEAL THE AGENCY’S LACK OF ACTION.
And by reducing claim timeframes from 2 years to only 90 days after a support was provided, there will be
Two sets of rules: more time for NDIA, less time for participants and nominees. Hardly best practice which accommodates the additional needs if disabled participants.
Further, plan suspensions for being “uncontactable” mean that participants (who by definition have significant disabilities) are pressured unnecessarily to act in ways that may not be possible for them to achieve compliance and be able to reasonably use funds from their plans. Again, the opposite of what we know as best practice.
Why does it feel like we are renters without rights and the NDIA is the all powerful landlord? The increasing power imbalance is staggering. Are the disabled being punished because they are disabled ? It’s looking more like it, the more we study this Bill.
Australian can afford to meet the reasonable and necessary supports disabled Australians need. Australians expect this
Already participants experience barriers utilising their funds within a plan e. g. our son has experienced inability to obtain essential equipment, parts, consumables from overseas linked to international manufacturing, shipping and other factors like war which are beyond the participant’s control over 19 times in the past year. In addition to the detrimental impacts on his safety and well-being, the change to no funding rollovers MAGNIFIES exponentially the participant ’s ability to get back lost function and capacity. e. g. Without a sufficiently customised wheelchair insert our son is not only unable to move safely inside his home, but another consequence is the lost ability to perform his duties in paid work, and subsequent loss of dignity and income associated with being in paid work. Ending Plan rollovers is very short sighted and will result in the need for more extensive Plans and significant additional costs to other areas
government funds eg health, education, aged care…. whilst severely negatively impacting opportunities for participants to live ordinary lives.
The addition of the integration of the Regulatory Powers Act of 2014 into the Bill gives significant powers to the NDIA re compliance and enforcement capabilities, including the ability of investigators to monitor, enter premises, search and seize evidence. Is it any wonder that participants and their families are fearful?
They have already been fearful because many, including our son, have been innocent victims of distress caused by errors made by the NDIA over the years. Participants already feel that they are being treated as “guilty” when the NDIA refuses to answer, ignores requests for method of communication etc.
Previously I asked planner for written confirmation that our son’s plan was going to be a variation, not a full plan review, after I had been promised this verbally by planner. Despite this the plan was reviewed and significant changes - despite our lack of opportunity to submit substantiating evidence to demonstrate need for continuance of plan except in the one area of variation requested due to significant additional impacts of disability on our son’s needs. When I asked planner why the whole plan was changed I was told, “It wasn’t supposed to be, but someone else did that and I can’t change it.” So when participants do comply they already get screwed over. How much more will these police like powers invoke fear and depression and anxiety amongst partipants?
Being a participant/nominee/family member of a partipant is already to experience severe anxiety:
A. will I get an unsolicited “check in” call, be told my plan won’t change then suddenly it’s slashed
B. I purchased AT following NDIA guidelines, but now my plan manager refuses to reimburse me. I need that cash. I only put it on my credit card because the back and
forth between my plan manager, me and the supplier can take weeks or months to get approved even though my son’s plan clearly states the purchase is allowable…and my son needs the item now, not weeks, months or a year down the track. Many supports are time sensitive… A child grows, an adult’s abilities deteriorate without timely support. By the time AT is approved, the supplier says the pricing has increased…and so the loop goes on. Suppliers won’t do the work without payment or guarantee of payment, plan managers won’t pay if they have the tiniest doubt that it may not be approved by the NDIA….These are real everyday problems that are already unresolved. How are participants supposed to have faith that these new powers will be used appropriately? With the continued distress associated with NDIA compliance I have no doubt that there will be suicides and deaths of partipants who just can’t go on facing the distress, uncertainty, fear, pain and loss of choice and control and a government that posits people with disability as being the reason for federal budget problems.
And with new stringent oversight and regulatory rules over “nominees” with tightening control over how they operate, I’m sure there will be suicides and deaths of nominees
as well. We, nominees, are the people who are often women, mothers of other children (I know a number of mums with disability themselves and more than one child with disability, for example), who are advised to take care of ourselves but find that impossible when we are inadequately supported by the NDIA and society at large. We are the ones who do “therapy” in the home; liaise with/beg/try to get people to listen re our child’s needs/complete form after form/give detailed historical and current info about our family members ’ experiences and needs…whether allied health professionals/NDIA/respite /medical teams/hospitals, schools, recreational clubs, banks, politicians, local government officers, suppliers, providers, pharmacists, extended family and many more groups….in between paid work, volunteering at our kids’ schools and clubs, caring for our ageing, frail parents and in laws….we have to fight, fight, fight for our family members’ needs. Now scrutinise us even more. There are very few nominees who aren’t gifting society many hours of unpaid care over many years. Don’t treat us like crooks.
This Bill is EVIL. My son is not a number. He is a human being who brings “countless joy to everyone he meets” . I didn’t say this. One of his support workers said this. I agree wholeheartedly.
Please OPPOSE THIS EVIL, DESTRUCTIVE BILL which will cause so much suffering and a polarisation of groups of Australians if it passes. Australians want a more equitable, inclusive Australia. That’s what it means to be Australian.
Thank you.