Submission 446 - Supplementary Submission
Email: office@afdo.org.au Website: www.afdo.org.au Phone: 1800 219 969
A.B.N. 25 105 510 898
Contact: Matthew Hall
E: T:
17 July 2026
SUPPLEMENTARY SUBMISSION TO THE SENATE COMMUNITY AFFAIRS
LEGISLATION COMMITTEE INQUIRY INTO THE NATIONAL DISABILITY
INSURANCE SCHEME AMENDMENT (SECURING THE NDIS FOR
FUTURE GENERATIONS) BILL 2026 (BILL)
Proposed amendments to the Bill
Purpose of this document
This document sets out proposed amendments to the National Disability Insurance Scheme
Amendment (Securing the NDIS for Future Generations) Bill 2026 (Bill), which the Australian
Federation of Disability Organisations (AFDO) considers necessary and reasonable, and the
minimum required as a starting point to address the significant concerns the disability
community (and others) have with the Bill. AFDO urges the Committee to recommend that
the Senate only passes the Bill if each of the amendments proposed are made to the Bill.
As the Australian Greens noted in its dissenting report:
every individual and organisation that appeared before theCommittee in a public hearing expressed the view that the Bill should not proceed in its current form. This unprecedented level of
opposition underscores the significant concerns held by the
disability community and other stakeholders regarding theproposed changes.1
This document draws together AFDO’s analysis and the broad alignment identified across
submissions to the Senate’s inquiry into the Bill, including the submissions from the NDIS
Reform Advisory Committee, the Disability Ministers of the states and territories, Justice and
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Equity Centre, and the Australian Human Rights Commission. The document maps each
proposed amendment to:
(a) the recommendations of, and the comments made by Senators in, the interim report of the Senate Community Affairs Legislation Committee inquiry into the Bill2
(b) the recommendations of and remarks made by the Parliamentary Joint Committee on Human Rights on the Bill in its Report 7 of 20263
(c) the amendments introduced by the government on 1 July 2026 on the Third Reading of the Bill in the House of Representatives4 as “targeted refinements to the National
Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations)
Bill 2026 in response to submissions provided to the Senate Community Affairs
Legislation Committee”5,
(d) the Addendum to the Explanatory Memorandum responding “to concerns raised by the Senate Community Affairs Legislation Committee in its interim report, dated 23 June 2026”6
(e) the amendments introduced by the member for Ryan on 1 July 2026 on the Third Reading of the Bill in the House of Representatives, and
(f) the various amendments moved by members of the crossbench on 1 July 2026 on the Third Reading of the Bill in the House of Representatives.
Please note, terms that are defined in Section 1 “Acronyms and Abbreviations” of our original submission dated 1 June 2026 have the same meaning when used in this document.
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1. Sequencing Insert a commencement condition: no access Moved by the member for Kooyong in the House of
safeguard restriction, support reduction, reassessment or Representatives on 1 July 2026 (but not adopted by thediversion from the NDIS until foundational supports and House).7 relevant mainstream alternatives are funded, Recommendation 2, Dissenting report, Australian operational, and accessible Greens AFDO supports an amendment to the Bill in the That no participant be removed from the Scheme until following terms: foundational supports are fully implemented, “Clause 2, page 3 (after line 3), at the end of the evaluated, and proven to meet the needs of people clause, add: who will be relying on them.
(3) Despite subsection (1), the provisions Paragraph 1.8, Dissenting report, Australian Greensmentioned in items 3 to 6 of the table do not “(T)here will not be equivalent supports available to many commence until the day after the Minister has participants who are removed from the NDIS. State and
caused to be tabled in each House of the territory governments have not adequately established theParliament a statement setting out: proposed foundational supports, and evidence provided to (a) the status of foundational supports, including the Committee indicates significant concerns about the Thriving Kids, in each jurisdiction; and legislation proceeding before these alternative services are
in place. (b) whether the Minister considers thosesupports referenced in (a) to be established, Paragraph 1.11, Dissenting report, Australian Greens funded and operational; and “As such, no participant should be removed from the
(c) the basis for that view, including NDIS, nor should their supports be reduced based onconsideration of the availability and accessibility transitioning to foundational supports, until equivalent and accessible alternative services are fully established and available”
Paragraph 2.210, Interim report
“The Committee notes that these foundational supports are important in ensuring Australians with disability who do
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AFDO – Proposed amendments 17 July 2026
of supports for persons likely to be affected by not meet eligibility requirements are not left without the commencement of those Parts.” support.”
Recommendation 1 from the interim report is in the Paragraph 2.221 Interim report following terms: “The committee agrees that the Scheme was never
That the Department of Health, Disability and intended to operate as the sole source of support for
Ageing table a roadmap accompanying the people with disability, but rather as one part of a broader
legislation that sets out the timeline and ecosystem of mainstream, community and disabilityconsultation requirements for all reforms included supports”
in the bill and the NDIS Reforms package Paragraph 2.222 Interim reportannounced in the 2026-27 Budget. “The committee notes the importance of governments This is entirely inadequate. The recommended continuing to strengthen and invest in foundational and roadmap is not an enforceable safeguard. mainstream supports outside the NDIS. The committee acknowledges the evidence received regarding the need for improved access to health, education, housing, community and psychosocial supports, and recognises that a stronger and more accessible service system outside the Scheme is essential to ensuring people with disability can access appropriate support regardless of NDIS eligibility.”
Paragraph 1.23, Additional Comments - Coalition
Senators, Interim report
The “Bill does not provide adequate safeguards to ensure vulnerable Australians with disabilities and their families will be supported if they are deemed ineligible for the NDIS or support funding is reduced.”
Paragraph 1.29, Dissenting report, Senator David
Pocock
“(K)ey questions about eligibility, service design, funding and implementation remain unresolved. As a result, for
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most adults with disability, older children, people with psychosocial disability and people with higher support needs, who will be exited from the Scheme, there is currently no agreed, funded or planned system of Foundational Supports that could reasonably be relied upon as an alternative to the NDIS.”
Human Rights Scrutiny Report: Report 7 of 2026, pp. 1-2
Various measures contained in the bill:
“would likely restrict access to the NDIS and reduce the availability of NDIS supports for participants, which, depending on the availability of alternative supports and services, could have an adverse impact on participants’ independence and quality of life and the accessibility and affordability of disability supports and services.”
Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.58, p. 26
The committee seeks the Minister’s advice in relation to “are there appropriate mainstream services that are accessible and affordable to support people who will no longer meet the new eligibility criteria for the NDIS”?
State and Territory Disability Ministers, Submission, p. 2
“Without a careful, coordinated approach that aligns these changes with broader improvements across the disability support system, there is significant risk that people with disability will end up in hospitals or other settings that are
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AFDO – Proposed amendments 17 July 2026
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inappropriate and unable to meet their needs, or have access to no services at all”.
2. Minister’s power Restrict the Minister’s power to reduce funding support This exclusion has been stated by the Greens as agreed
to reduce to exclude from the power the support categories of by the government. However, this exclusion is not
support funding Daily Living, Transport, Consumables, Assistive expressly included in the amendments introduced into the
determinations Technology, and Home Modifications. Parliament by the member for Ryan on 1 July 2026 andagreed to by the House.8 Section 34A(1A), which, contrary to the agreement, expressly includes “improved daily living skills”.
None of the other identified support categories is expressly excluded.
To the extent that transport supports and consumables supports are part of “assistance with social, economic and community participation”, those supports can be subject to a determination under section 34A.
3. Minister’s power Amend proposed ss 34A(1A) to delete paragraph (b), Inserted into the Bill by the amendments introduced into
to reduce so that the amended subsection reads: the Parliament by the member for Ryan on 1 July 2026
support funding and agreed to by the House9. “For the purposes of paragraph (1)(a), a
determinations specified group of supports must be supports for This amendment is consistent with the amendmentsassistance with social, economic and community moved by: participation.” (a) the member for Indi10, and
(b) the member for Kooyong11,
in the House of Representatives on 1 July 2026 (but not adopted by the House).
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4. Minister’s power AFDO supports an amendment to the Bill in the Moved by the member for Kooyong in the House of
to reduce following terms: Representatives on 1 July 2026 (but not adopted by the
support funding House).12 “(5) Schedule 1, item 34, page 12 (after line 16), afterdeterminations subsection 34A(1), insert:
(1A) A determination under this section may
specify classes of participants to whom thedetermination applies or does not apply. A class of participants may be identified by reference to any one or more of the following:
(a) a characteristic of participants (including their circumstances);
(b) the nature or type of supports provided under a plan;
(c) the support needs (as assessed) ofparticipants.”
5. Minister’s power Restrict the Minister’s power to reduce funding support This exclusion has been stated by the Greens as agreed
to reduce to Social, Community, and Civic participation to by the government. However, this exclusion is not
support funding exclude any supports for daily health needs, attending expressly included in the amendments introduced by the
determinations medical appointments or getting to and from work. member for Ryan on 1 July 2026 and agreed to by theHouse.13 The amended provision (new subsection 34A(1C)) only provides that the “determination may specify a subgroup” as an excluded subgroup. This still entitles the Minister to issue a determination that does not specify any subgroup as an excluded subgroup,
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contrary to the terms and intent of the agreement with the Greens.
Further, the note added after subsection (1C) states that “subgroups will include supports in employment and disability related health supports”.
The note introduced by the amendments has no legal operative effect. The text of the note must be included as a new subsection in new section 34A.
6. Minister’s power AFDO supports an amendment to the Bill in the Moved by the member for Warringah in the House of
to reduce following terms: Representatives on 1 July 2026 (but not adopted by the
support funding House),14 together with a further amendment to and “Schedule 1, item 34, page 13 (line 8), after
determinations “communicate and to” immediately before “undertake paid "participants", insert:employment”. , and the reasonable and necessary supports
required by participants, including thosenecessary for participants to communicate and to undertake paid employment, volunteering and study.”
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7. Parliamentary The minimum safeguards identified by the Agency and Moved by the member for Kooyong in the House of
scrutiny of the Department, whilst welcome, are insufficient. Representatives on 1 July 2026 (but not adopted by the
Minister’s power House).15 Further, those minimum safeguards, together withother necessary safeguards, must be included in the Paragraph 2.114 Interim report Bill. “Additionally, the Agencies noted that the Minister will be AFDO supports an amendment to the Bill in the required to have regard to the safety of participants when following terms: making a support determination. This would require, at a minimum, advice from the NDIA and the Department about “Schedule 1, item 34, page 13 (after line 18), at the end the impacts on participants, their families and carers.” of section 34A, add: Paragraph 2.116 Interim report (6) A support determination that is reasonably likely to result in a material reduction in funding “An Impact Analysis, which will be published online, will for a class of supports must be accompanied, at also be required where a support determination would
the time the determination is tabled in each have ‘more than a minor’ impact on individuals”.House of the Parliament, by: Paragraphs 1.77and 1.78, Dissenting report, Senator (a) a statement of reasons for the determination; D. Pocock and “While I acknowledge the Department’s evidence that it is (b) an assessment of the likely impact of the not the Government’s intention to undermine participant determination on participants; and safety or employment, I am not persuaded that the safeguards proposed in the Bill are sufficient. The (c) actuarial or financial analysis relied upon in Committee was told that the Minister would be required to making the determination; and (d) a summary of
"have regard" to participant safety when making consultation undertaken with people withdeterminations that could result in reductions to SCCP disability and representative organisations. funding. However, given the seriousness of the evidence (7) A support determination to which subsection received, this appears to be a relatively thin safeguard.” (6) applies does not take effect unless, within 15 “The Committee received no detailed evidence regarding sitting days after the determination is tabled in how the Government intends to monitor for increased isolation, identify emerging risks of abuse or neglect,
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each House of the Parliament, each House assess the impacts on mental health and employment, orpasses a resolution approving the determination. intervene where reductions to participation supports result in unintended harm. Nor was the Committee provided with (8) If a House of the Parliament does not pass a a clear explanation of how participants could challenge resolution approving the determination within the
reductions that place their safety or wellbeing at risk.” period referred to in subsection (7), thedetermination is taken never to have had effect.
(9) In this section material reduction in funding includes a reduction that is reasonably likely to have a significant impact on participants’ access to supports.
8. Effect of support AFDO also supports an amendment to the Bill in the Moved by the member for Kooyong in the House of
determination following terms: Representatives on 1 July 2026 (but not adopted by theHouse).16 “Schedule 1, item 34, page 13 (after line 18), after section 34A, insert:
34AA Effect of support determination
If a determination under section 34A has the effect of reducing the funding available to a
participant under the participant's plan, theparticipant’s plan may be insufficient to meet the participant’s reasonable and necessary supports such that the participant may meet the condition
for conducting a reassessment undersubparagraph 48A(1)(b)(iii).”
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9. Remove AFDO supports an amendment to the Bill in the Moved by the member for Warringah in the House of
confirmation following terms: Representatives on 1 July 2026 (but not adopted by the
that funding for House).17 “Schedule 1, item 34, page 13 (lines 11 to 18), omita reasonable subsection 34A(5).” and necessary support can be less than the total cost of the support
10. Inclusive The evidence of the Department and the Agency Paragraph 2.130, Interim report
Communities suggests (if not states expressly) that the Inclusive “Further, according to the Agencies, the government is
Fund Communities Fund (ICF) will “rebuild and strengthen establishing the Inclusive Communities Fund, which is acommunity-based supports for NDIS participants” and $200 million grant program to rebuild and strengthen will fund community delivery of supports that community-based supports for NDIS participants. They “participants benefit from the most”. noted that consultation and design of this fund will inform That is directly contrary to the advice of the how community participation activities can best deliver the Department provided to DROs about the role and supports that participants benefit from the most.” purpose of the ICF.18
According to the Department, the objective of the ICF is to build capability among mainstream and community organisations so NDIS participants have greater options to genuinely participate in their local communities. The ICF is not intended to fund or subsidise service delivery.
To the extent to which the Committee has relied on the establishment of the ICF to mitigate the significant effects of support determinations in respect of social,
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civic and community participation budget, great care is needed. We urge the Committee to reconsider the extent and effect of that potential mitigation in light of the further information about the objective and funding limitations of the ICF.
11. Amended In addition, amend s. 34A to provide detailed criteria in Paragraph 2.212, Interim report
Explanatory taking into account participant safety and processes to “The committee notes the need for further clarity on the
Memorandum is justify decisions, Category A Rules (requiring mechanism through which the Minister must have regard
insufficient consultation with, and agreement by, the states and to the safety of participants when making a supportterritories), impact analysis, disallowance and merits determination, including appropriate safeguards and review safeguards. monitoring.” We note recommendation 2 of the Interim report that Paragraph 2.213, Interim report the In relation to employment supports within SCCP, “the
“Australian Government amends the committee encourages further clarification to be
Explanatory Memorandum to include further provided around safeguarding these supports.”clarification, similar to evidence provided in the Agency’s submission and Questions on Notices, Paragraph 1.44, Additional Comments - Coalition in relation to … Senators, Interim report
the mechanism through which the Minister “(T)hese powers carry inherent risk for the disability
community, not least of which will potentially impact their must have regard to the safety of
safety.” participants when making a support
determination, including safeguards and Recommendation 5, Dissenting report, Australianmonitoring; Greens
the critical supports which will not be “recommend that the Bill be amended to prevent theimpacted through the proposed reduction to Minister from imposing blanket restrictions or funding caps on any class of supports. Decisions regarding these supports should be based on the individual
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social, civic and community participation circumstances, goals and needs of each participant,and capacity building support budgets; consistent with the person-centred principles of the
NDIS.” …
Recommendation 3, Dissenting report, Senator D.
how employment support budgets will bePocock
preserved from the proposed supportdetermination in relation to the SCCP.”19 “the Bill be amended to ensure any reduction in Social, Civic and Community Participation supports: It is trite to remind the Committee that the Explanatory
Memorandum is not legislation. Clarification of the is based on individual circumstances;provisions of the Act in accordance with the evidence in considers participant safety; the Agency’s submission and Questions on Notices
must be provided by specific amendments to the Bill, considers employment impacts; and
and not merely by amendments to the Explanatory is subject to appropriate review rights.”Memorandum. Human Rights Scrutiny Report: Report 7 of 2026, Further, the government’s Addendum to the paragraph 1.86, p. 38 Explanatory Memorandum20 does not, despite the Committee’s recommendation, provide any further The committee “seeks the minister’s advice in relation to: clarification in relation to: … how will the requirement that the minister must have regard to the safety of participants be weighed against
the mechanism through which the Minister must financial sustainability requirements.”have regard to the safety of participants when making a support determination, including safeguards and monitoring, or
how employment support budgets will be preserved from the proposed support determination in relation to the SCCP
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12. Whole of person Amend the Bill to delete Schedule 1 Part 3. Human Rights Scrutiny Report: Report 7 of 2026,supports paragraph 1.72, p. 33
“Having regard to the NDIS Review’s emphasis on focusing on the whole person, their circumstances and their support needs, it is not clear how amending thresholds for accessing NDIS supports without flexibility to take into account a participant’s individual support needs—the result being a reduction in the amount of support available for people with disability—is consistent with the NDIS Review’s recommendations.”
-
Whole of person Amend the Bill to delete items 6 and 10 of Schedule 4. supports
- Participant- Amend the Bill to delete item 66 (Part 6 of Schedule 1 State and Territory Disability Ministers, Submission, p.
directed and of the Bill) so participant-directed planning principles 2
participant remain in the NDIS Act. “The NDIS is one of Australia’s most significant social
focused reforms. It replaced a fragmented, inequitable system with a person focused model that empowers people with disability to exercise choice and control over their supports.”
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15. Reasonable and AFDO supports an amendment to the Bill in the Moved by the member for Indi in the House of
necessary following terms: Representatives on 1 July 2026 (but not adopted by the
supports House),21 together with the addition of the words “in a “Schedule 1, item 73, page 26 (before line 9), beforemanner consistent with the participant’s known access subsection 34(1A), insert: requirements” after the words “in writing”. (1AA) If the CEO is not satisfied of a matter in
subsection (1) in relation to a statement ofparticipant supports, the CEO must notify the
relevant participant, in writing in a mannerconsistent with the participant’s known access requirements, of the reasons for not being so satisfied.
16. Value for money Amend proposed ss34(1A)(b) to require the CEO toalso consider whether the “comparable support” meets the support needs of the participant, so that the subsection reads:
“if there are—must consider whether one of those lower cost comparable supports meets the support
needs of the participant and would representbetter value for money than the support.”
17. Evidence AFDO supports an amendment to the Bill in the Moved by the member for Indi in the House of
hierarchy following terms: Representatives on 1 July 2026 (but not adopted by theHouse).22 “Schedule 1, item 73, page 27 (lines 6 to 35), omit subsections 34(1E) and (1F).”
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18. Include factors Amend proposed subsections 34(1A)-(1C) and 34(1G)-in Supports for (1H), in Part 6, Schedule 1 of the Bill to include all of Participants the factors currently included in the Supports for
Rules Participants Rule
19. Value for money Further, redraft proposed “value-for-money” (ss34(1A)-and evidence (1D) and “effective and beneficial considerations” hierarchy provisions (ss 34(1E) and (1F) – (if the amendment in item 17 is not accepted) - so they cannot override individual outcomes, lived experience, treating clinician evidence or innovative supports.
20. Informal Amend the subsection to read: To align with the proposed policy rules23 that will account
supports - ss for actual support provided by family, carers and the “the funding or provision of the support takes account of
34(1)(e) community in relation to new framework plans (under the support provided by the participant’s family, carers,Chapter 3, Part 2, Division 2, subdivision B), rather than a informal networks and the community”. “reasonable expectation of support”.
21. Informal Substantially redraft ss 34(1G)-34(1K) (inserted by item Recommendation 11, Dissenting report, Australian
supports and 73, Part 6 of Schedule 1) to prevent unsafe reliance on Greens
parental unpaid care. “recommend that the strict definition of parentalresponsibility responsibility be removed from this Bill, and instead that funding decisions for an individual’s supports are made based on the individual circumstances, goals and needs of each participant, consistent with the person-centred principles of the NDIS.”
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22. Daily living Amend proposed ss 34(1H) to read: Paragraph 2.105, Interim report
costs “For the purposes of subsection (1G), “(W)here a child participant's support needs extendsubstantial care and support means assistance beyond what would be age-appropriate support for a with the activities of daily living that, regardless parent to provide, those support needs would absolutely
of the child’s disability, would reasonably be be considered in the context of that child's disability relatedexpected of a parent of a child of a similar age.” support needs.”
23. Daily living Amend proposed subsection 17B(3) to read:
costs “Participants should be responsible for theirday-to-day living costs, being day-to-day living costs incurred whether or not a person has a disability.”
24. Functional Amend proposed section 9B(1)(b) (Item 4, Schedule 1) Recommendation 7, Dissenting report, Australian
capacity so that it reads: Greens“(b) in a context that includes, as far as possible, “recommend that the impact of a person’s the impact of the person’s environmental, environmental, contextual, social, and cultural social, linguistic, personal, and geographic circumstances be included in the definition of
circumstances, and the personal cost of functional capacity.”functioning, including fatigue, distress and Incorporating (in part) the amendment moved by the deterioration.” member for Fowler in the House of Representatives on 1 July 2026 (but not adopted by the House).24
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25. Technical Since the delivery of the Committee’s interim report, the Paragraph 2.84, Interim report
Advisory Group Minister has announced the members of the Technical “A Technical Advisory Group will also be established,Advisory Group.25 which according to the Agencies, will ‘provide advice on According to the Department, the “TAG membership appropriate assessments and thresholds for substantially comprises technical expertise and experience relevant reduced functional capacity, informed by consultation with to disability and functional assessment, including the community and states and territories.” people with lived experience of disability”. (our Paragraph 2.91, Interim report emphasis). “The Department advised that the Technical Advisory Any lived experience of disability is not readily apparent Group will consider how to assess the needs of different and can not be discerned from the information provided types of disability and impairment, including degenerative, about the TAG members.26 fluctuating and episodic impairment. Additionally, the We are very concerned that the members of the TAG Technical Advisory Group’s advice will be guided by the (whilst eminently qualified in their respective fields) do requirements of the NDIS Act that continue to include not (at least on the available information) bring any lived consideration of these types of impairment”. experience perspective. Consequently, we are very Paragraph 2.192, Interim report concerned that their “technical advice” to government may increase the risks of the advice and approach “(T)he committee accepts the important role that the being based on a highly medicalised model of disability. Technical Advisory Group will have in the process of informing NDIS rules especially in relation to the assessment tools to determine functional capacity.”
Paragraph 2.205, Interim report
“As outlined throughout the report, the committee notes that further work is needed to identify the appropriate assessment of functional capacity and encourages the Australian Government to work collaboratively with the
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Technical Advisory Group and the broader community in the design and operation.”
26. Appropriate The Senate should pass the amendment to remove Introduced by Minister Butler in the House of
treatment proposed subsection 25A(1)(b) from the Bill. Representatives on 1 July 2026 (and agreed to by theHouse).27
27. Appropriate AFDO supports an amendment to the Bill in the Moved by the member for Fowler in the House of
treatment following terms: Representatives on 1 July 2026 (but not adopted by theHouse).28 “Schedule 1, item 92, page 35 (line 30), at the end of subsection 25A(1), add: Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.39. p. 20 ; and “excluding consideration of a person’s individual (c) is linguistically and culturally accessible at the circumstances, which includes their financial person’s geographical location.” circumstances and geographical location, when determining whether they have undertaken all appropriate treatment for their impairment(s), may also engage the right to equality and non-discrimination. This is because the measure prevents consideration of whether appropriate treatment is actually available or accessible to the prospective participant, noting the geographical, financial and sociocultural inequities in accessing the healthcare system.”
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28. Exclude The limitations and restrictions identified by the Paragraph 2.50 Interim report
restrictive Committee as necessary must be included as express “At a hearing, the Department clarified for the committee
practices and provisions in the Bill. that chemical restraints will not be considered an
treatments not Exclude, by including a new subsection 25A(1A), from appropriate treatment. Chemical restraints are a restrictive
publicly the requirement to access appropriate treatment before practice and must be authorised as part of an approved
available becoming eligible for the NDIS any treatment that is: behaviour support plan.”(a) a restrictive practice, such as forced medication, Paragraph 2.53 Interim report and “(T)he Agencies noted community concern that the (b) not a treatment or service that is not available proposed permanence test could result in individuals through Medicare, the Pharmaceutical Benefits feeling pressured to undertake treatment, rehabilitation or Scheme, or the public health system in the state or other interventions to gain access, contrary to their territory in which the participant resides. personal preferences or beyond their means.”
Paragraph 2.54 Interim report
“The Agencies emphasised that the bill does not compel a person to undertake treatment, that individual choice and autonomy are the foundational principles of the NDIS and that individuals retain the right to decline medical treatment, procedures or rehabilitation, including where such interventions may improve their functioning or reduce the impact of an impairment.”
Recommendation 6, Dissenting report, Australian Greens:
That robust safeguards are necessary to ensure that disabled people are not pressured or compelled to undergo unwanted or inaccessible medical
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interventions to access essential supports through the NDIS.
The amendments introduced in the Parliament by the member for Ryan on 1 July 2026 and agreed to by the House29 do not exclude any “restrictive practice” or require the treatment to be publicly available. The notes introduced by the amendments have no legal operative effect.
Further, the proposed amendments must ensure that a treatment is only publicly available if the treatment or service is publicly funded in the state or territory in which the participant resides.
29. Amend Amend the definition of “restrictive practice” in section 9 The amendments introduced into the Parliament by the
definition of to add, at the end of the definition: member for Ryan on 1 July 2026 and agreed to by the
“restrictive House30 do not amend the existing definition of “restrictive “including, without limitation, seclusion, chemical
practice” practice in section 9. restraint, mechanical restraint, physical restraint orenvironmental restraint” The notes introduced by the amendments have no legal operative effect.
30. Remove any The limitations and restrictions identified by the Paragraphs 2.63- 2.64, Interim report
treatment that is Committee, and as accepted by the Department, as “The Agencies acknowledged community concern thatnot accessible these changes ‘may lead to delays or restrictions to NDIS due to individual access due to challenges with access or availability of circumstances treatment.66 The committee similarly noted concerns from the raised by submitters that individuals should not be definition of disadvantaged in accessing the NDIS on the basis of “appropriate treatment”
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necessary must be included as express provisions in treatments they are unable to access due to financial or the Bill. geographical constraints.”
AFDO supports amendments to the Bill in the following “In response, the Department’s submission provided terms: clarification, confirming that the Bill’s treatment requirements are confined to ‘treatments funded through “Schedule 1, item 92, page 35 (line 31) to page 36 (line the Medicare Benefits Schedule, the Pharmaceutical 4), omit subsection 25A(2), and substitute: Benefits Scheme and public health systems’, which are
Treatment is not appropriate treatment for a treatments within established and recognised clinical
person's impairment or impairments if the practice in Australia.”
person's individual circumstances restrict theHuman Rights Scrutiny Report: Report 7 of 2026, person from accessing the treatment.” paragraph 1.39, p. 20
“excluding consideration of a person’s individual circumstances, which includes their financial circumstances and geographical location, when determining whether they have undertaken all appropriate treatment for their impairment(s), may also engage the right to equality and non-discrimination. This is because the measure prevents consideration of whether appropriate treatment is actually available or accessible to the prospective participant, noting the geographical, financial and sociocultural inequities in accessing the healthcare system.”
Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.46, p. 23
“it appears that a person who would otherwise be considered to have a significant and permanent disability may no longer be eligible for the NDIS because of their personal circumstances, which may include their geographical location or financial circumstances.”
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Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.54, pp. 25-26
Taken as a whole, the measure does not appear to contain sufficient flexibility or safeguards to ensure that any limitation on rights is proportionate in each case. For those participants who may not be able to meet eligibility requirements based on their individual circumstances, and for whom mainstream services are inadequate or do not exist, the potential interference with rights may be significant.
Moved by the member for Fowler in the House of Representatives on 1 July 2026 (but not adopted by the
House).31
Moved by the member for Indi in the House of Representatives on 1 July 2026 (but not adopted by the
House).32
31. Exclude certain AFDO supports an amendment to the Bill in the Moved by the member for Kooyong in the House of
treatments from following terms: Representatives on 1 July 2026 (but not adopted by the
the definition of House).33 “(11) Schedule 1, item 92, page 36 (after line 12), after“appropriate subsection 25A(3), insert: treatment”
(3A) A person is not required to undertaketreatment that is:
(a) unreasonably inaccessible or unavailable; or
(b) not clinically appropriate; or
(c) associated with unreasonable risk.”
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32. Alternative AFDO supports an amendment to the Bill in the Human Rights Scrutiny Report: Report 7 of 2026,
supports following terms: paragraph 1.75, p. 34“Schedule 1, item 97, page 39 (lines 3 to 7), omit “there are no requirements in the provision that would subsection 25B(6), substitute: require the CEO to be satisfied that the NDIS participant would receive an equivalent level of support from the other (6) Before making National Disability Insurance
service; the CEO must only be satisfied that the support Scheme rules declaring that a support is an
would be more appropriately provided by another provider. alternative support for an impairment, theMinister must be satisfied that: …
(a) it is not appropriate to fund or provide a there is no requirement that the CEO be satisfied that thesupport for the impairment through the National other scheme or service would provide both appropriate Disability Insurance Scheme; and and equivalent support, or that the participant would be no worse off if the support was provided by the other scheme (b) the person offering or providing the support is or service. There also does not appear to be any flexibility under a legally enforceable obligation to provide for the CEO to determine that while there may be another the support to all eligible persons; and appropriate scheme or service which provides the support,
(c) the support is reasonably available and it may not be appropriate for a particular person.”accessible and capable of meeting reasonable Moved by the member for Indi in the House of and necessary support needs.” Representatives on 1 July 2026 (but not adopted by the House)34, with further proposed amendments to require satisfaction by the Minister of the following:
(a) the person offering or providing the support is under a legally enforceable obligation to provide the support to all eligible persons, and
(b) the support is capable of meeting reasonable and necessary support needs.
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33. Minister’s rule The Senate should pass the amendments to Schedule Amendments introduced into the Parliament by the
making power 5 (Item 1 (5) and (5A)) of the Bill to reduce the member for Ryan on 1 July 2026 and agreed to by thetimeframe within which the Minister may make any House.35 transitional rule from 12 months from the commencement date to 6 months from the commencement date for every part of the Bill except for Schedule 4 (New Framework Planning) and Schedule 1, Parts 5 and 6 (Reasonable and Necessary and Plan Renewals).
34. Reassessments Delete the word “unanticipated” from subsection 48A(3) Human Rights Scrutiny Report: Report 7 of 2026,(Item 21, Part 2 of Schedule 1 of the Bill). paragraph 1.95, p. 42
“the measure also appears to impose a blanket policy on plan reassessment without regard to the merits of an individual case. The imposition of additional conditions to be met before a person can request a reassessment of their plan appears to make it significantly harder for a person to have their plan reassessed, which may result in reduced funding and supports.”
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AFDO – Proposed amendments 17 July 2026
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35. Reassessments AFDO supports amendments to the Bill in the following Human Rights Scrutiny Report: Report 7 of 2026,terms: paragraph 1.102, p. 44
“Schedule 1, item 21, page 9 (line 10 and 11), omit “The drafting of these amendments imposes rigid “either of both”, submit “any”. considerations on the decision maker without providing for any flexibility to allow an assessment of a person’s Schedule 1, item 21, page 9 (line 16), omit “and”. genuine needs or make consideration for exceptional Schedule 1, item 21, page 9 (after line 16), after circumstances which do not meet the prescribed criteria. subparagraph 48A(1)(b)(ii), insert: This could result in a NDIS participant being prevented from accessing the supports they need under changing (iii) an alteration in the participant’s plan such
circumstances.” that it is insufficient to meet the participant'sreasonable and necessary support needs; and” Moved by the member for Kooyong in the House of Representatives on 1 July 2026 (but not adopted by the
House).36
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36. Reassessments AFDO supports an amendment to the Bill in the Moved by the member for Warringah in the House offollowing terms: Representatives on 1 July 2026 (but not adopted by the House).37 “Schedule 1, item 21, page 9 (line 22), at the end of subsection 48A(1), add:
; and
(e) alternatively to paragraphs (a) to (d), the participant demonstrates that:
(i) the supports are no longer available; or
(ii) the plan is insufficient to meet theparticipant’s reasonable and necessary support needs; or
(iii) new evidence relevant to the participant’s support needs has emerged.”
37. Reassessments Preserve participant-requested reassessment rights,and renewals reinstate deemed refusal review rights where the CEO fails to decide within time, and ensure automatic renewals do not lock in outdated plans.
- Renewals Amend Part 5 of Schedule 1 of the Bill to: (a) give the participant a reasonable opportunity to provide feedback on and request changes to the renewed plan (which the CEO must consider, acting reasonably), and
(b) make the renewed plan, and any decisions made pursuant to the amendment recommended in
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Securing the NDIS for Future Generations Bill
AFDO – Proposed amendments 17 July 2026
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paragraph (a) above, subject to merits review.
39. Suspension and AFDO welcomes the amendments made to the Bill to Introduced by Minister Butler in the House of
revocation include ss 30(1B) and (1C), to define what reasonable Representatives on 1 July 2026 (and agreed to by theattempts to contact a participant must include. House).38
However, we remain concerned that a participant’s “preferred form of contact” may not be sufficient to ensure that the attempt is made in a manner consistent with the participant’s known access requirements.
Further, we note that the provisions authorise the CEO to attempt to contact a participant’s “authorised contact or representative”. The NDIS Act currently does not contain any other reference to an “authorised contact or representative” (or “authorised contact” or “authorised representative”) of a participant. There is no process in the NDIS Act for a participant to appoint (or
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revoke the appointment of) an “authorised contact or representative”.
This contrasts with the provisions in the NDIS Act regulating the appointment and revocation of nominees, and their clearly defined roles and responsibilities.
The references to “authorised contact or representative” should be removed from the Bill.
Accordingly, amend item 79 of the Bill, by:
(a) amending proposed subsection 30(1B) to read:
“The CEO cannot be satisfied that reasonable attempts to contact the participant have been made as mentioned in subparagraph (1A)(a)(i) unless the CEO is satisfied that the requirements in subsection (1C) are met in relation to:
(a) unless paragraph (b) applies—theparticipant; or
(b) if the participant has a nominee—theparticipant’s nominee.”
(b) amending proposed subsection (1C) to read:
The requirements in this subsection are met in
relation to the person mentioned inparagraph (1B)(a) or (b) (as applicable) if:
(a) at least 5 attempts have been made to
contact the person using the person’spreferred form of contact and in a manner consistent with the person’s known access requirements; and
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Securing the NDIS for Future Generations Bill
AFDO – Proposed amendments 17 July 2026
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(b) the last of those attempts was made at least 3 months, and not more than 4 months, after the first of those attempts; and
(c) if the person’s preferred form of contact is not in writing—at least one additional attempt has been made, during the period between the
first and last of the attempts mentioned inparagraph (b), to contact the person in writing.
40. Suspension and The same amendments must be made to item 83 (to Introduced by Minister Butler in the House of
revocation amend proposed subsections 40A(1A) and (1B)). Representatives on 1 July 2026 (and agreed to by theHouse).39
41. Suspension and In relation to proposed subsection 30(1D) and 40A(1C),revocation we are concerned that a participant who is in police custody, being held on remand, or incarcerated cannot be described as in the “care of” an ”institution”.
This must be clarified in both subsections.
42. Revocation Part 7, Schedule 1 of the Bill is further amended toprovide that:
(a) the written notice required under subsection 40A(2)(a) is in a format that is consistent with the participant’s known access requirements, and
(b) the date specified under subsection 40A(2)(a) is a date no earlier than 28 days after the date on which the notice is, or can reasonably be assumed to
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have been, received by the participant.
43. Automated Amend the Bill to delete Schedule 3, Part 2 (dealing Recommendation 10, Dissenting report, Australian
decision-making with automation of administrative action). GreensWe note recommendation 2 of the Interim report that that safeguards be added around any automated the “Australian Government amends the Explanatory decision-making within the NDIS, including that all Memorandum to include further clarification, similar to decisions are subject to human oversight and evidence provided in the Agency’s submission and approval. Questions on Notices, in relation to … the safeguards Recommendation 5, Dissenting report, Senator D that will apply in relation to the use of technology to Pocock automate administrative actions”40 (A)s a matter of urgency, implement As noted above, the Explanatory Memorandum is not Recommendations 17.1 and 17.2 of the Robodebt legislation. Clarification of the provisions of the Act in Royal Commission, establishing a legislative accordance with the evidence in the Agency’s framework for automated decision-making that submission and Questions on Notices must be provided guarantees transparency, explainability and merits by specific amendments to the Bill, and not merely by review, and creating an independent mechanism to amendments to the Explanatory Memorandum. monitor, audit and assess the fairness, legality and In any event, the “safeguards” identified by the government in the Addendum do not adequately address all of the requirements of Recommendations 17.1 and 17.2 of the Robodebt Royal Commission (which the government has accepted).
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impact of automated decision-making systems used by government.
Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.78, p. 36
“the statement of compatibility does not address the potential impact of automated decision-making on human rights.”
Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.86, p. 39
“(f) whether a statement of reasons will be provided to a participant in relation to each administrative action or decision that is performed by a computer program; and
(g) whether regard was had to the limitations on human rights that could arise from automated administrative actions.”
44. Automated The committee’s note, and confidence in the NDIA, are Paragraph 2.219 Interim report
decision-making not sufficient safeguards. No automated decision- “The committee does however note that the NDIA willmaking processes should be authorised or implemented closely consult the disability community and experts to without detailed community consultation. The provisions ensure use of technology is done so in a safe and effective should be removed from the Bill until this has occurred. way.”
Human Rights Scrutiny Report: Report 7 of 2026, paragraph 1.85, p. 38
“the committee remains concerned about the use of computer programs to take administrative action in relation to the NDIS noting the significant and enduring impact of NDIS decisions and actions on persons with disability and
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AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,amendments & proposed amendments
the serious risk of harm that incorrect decisions could have on the rights of persons with disabilities.”
45. SOPI If the amendment in item 43 is not agreed, AFDO urges Amendment introduced into the Parliament by the memberthe Senate to pass the amendment to include ss for Ryan on 1 July 2026 and agreed to by the House,41 59D(5A), subject to the following further amendments together with further amendments to ensure the document so that the provision reads: is accessible.
“CEO must publish proposed instrument
(5A) At least 7 days before making a standard operating procedure instrument, the CEO must cause a copy of the proposed instrument to be published on the Agency’s website in various
accessible formats, including screen readercompatible, Easy Read, and Auslan.”
46. Debts and civil Protect participants, families and nominees who act inpenalties good faith. Make debt decisions reviewable. Allow waiver where record failures are reasonable in the circumstances. Exempt participants from disproportionate civil penalties.
47. Provider Accept the Taskforce advice that not all providers mustregistration be registered. Co-design provider, self-directed support and worker registration reforms. Remove or redraft provisions that undermine self-management and self directed supports.
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48. Regulatory Place regulatory and civil remedy powers with the NDISpowers Commission rather than expanding NDIA’s role as planner, funder and regulator.
49. Co-governance Require Category A Rules and state and territoryand Category A agreement for major instruments with policy or fiscal Rules consequences, including support reductions, pricing, alternative supports and assessment tools.
50. Related party AFDO does not support the changes to Part 6 of Introduced by Minister Butler in the House of
provisions Schedule 2 of the Bill to remove a “related party” from Representatives on 1 July 2026 (and agreed to by thethe prohibition of registration as a plan manager. House).42
The Senate must pass Part 6 of Schedule 2 in the form Human Rights Scrutiny Report: Report 7 of 2026, as originally presented to the Senate (and as passed by paragraph 1.122 – 1.123, p. 50 the House of Representatives on the Second Reading “The committee considers that the measures generally of the Bill). appear to pursue the legitimate objective of removing Alternatively, in line with the recommendations of the fraudulent and unscrupulous plan management providers Human Rights Scrutiny report, instead of deleting from the NDIS market and may be rationally connected to references to related parties, amend the Part to allow this objective. the decision maker to consider exemptions from However, this measure would be more proportionate if the requirements around related parties and key personnel. provisions were drafted to allow the decision maker to consider exemptions from requirements around related parties and key personnel in recognition of the fact that providers may be related parties of other providers or
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share key personnel out of staffing necessity as opposed to fraudulent practices.”
51. Whistleblowing AFDO supports an amendment to the Bill in the Moved by the member for Indi in the House offollowing terms: Representatives on 1 July 2026 (but not adopted by the House).43 “Schedule 3, page 101 (after line 12), at the end of the Schedule, add:
Part 4—Whistleblower protections
National Disability Insurance Scheme Act 2013
After subsection 73ZA(2) Insert:
(2A) The disclosure of the information by the
discloser qualifies for protection under thisDivision if it is made for the purpose of seeking assistance, advice, treatment or counselling in relation to the disclosure and is made to:
(a) a legal practitioner; or
(b) a medical practitioner or psychologist; or
(c) a union or professional association.”
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52. Pricing The Senate should pass an amendment to the Bill in Moved by the member for Indi in the House ofthe following terms: Representatives on 1 July 2026 and adopted by the House.44 “Schedule 3, item 4, page 91 (after line 2), after subsection 45C(16), insert:
(16A) If the Agency provides advice to theMinister under subsection (14), the Agency must at the same time provide a summary of the advice to the Minister. (16B) The Minister must cause a copy of advice provided to the Minister under subsection (14), or the summary of the advice provided under subsection (16A), to be tabled in each House of the Parliament within 5
sitting days after the Minister makes thedetermination to which the advice relates.”
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53. Pricing AFDO supports an amendment to the Bill in the Moved by the member for Kooyong in the House offollowing terms: Representatives on 1 July 2026 (but not adopted by the House).45 “Schedule 3, item 4, page 91 (line 9), at the end of subsection 45C(17), add:
and
(d) any independent pricing advice obtained under subsection (18); and
(e) the impact of the determination on theavailability of supports, including in thin markets and regional areas.
(18) Before making a determination undersubsection (1), the Minister must:
(a) obtain independent pricing advice; and
(b) publish that advice; and
(c) consult participants and providers.”
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54. Additional AFDO supports an amendment to the Bill in the Moved by the member for Bradfield in the House of
consultation following terms: Representatives on 1 July 2026 (but not adopted by the
requirements House)46, with a further amendment, adding the words “Schedule 3, page 100 (after line 6), after Part 2, insert:“Disability Representative Organisations and” to Part 2A—Significant NDIS rules subparagraph (c)(ii).
National Disability Insurance Scheme Act 2013
13A After section 209D insert:
209E Additional consultation requirements
for certain National Disability InsuranceScheme rules
(1) This section applies to National Disability Insurance Scheme rules made for the purposes of any of the following provisions:
(a) a provision relating to functional capacity assessments or assessment methodologies;
(b) a provision relating to eligibility criteria or early intervention requirements;
(c) a provision relating to the determination of supports or the setting of funding levels.
(2) Before making rules to which this section applies, the Minister must:
(a) publish an exposure draft of the proposed rules; and
(b) allow a period of not less than 28 days
beginning on the day the exposure draft ispublished (the consultation period) during which
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persons may make submissions on theproposed rules; and
(c) take reasonable steps to consult the following persons during the consultation period:
(i) people with disability;
(ii) organisations representing the disability
community and disability sector, such as
Disability Representative Organisations and
Disability Representative and CarerOrganisations;
(iii) any other persons the Minister considers appropriate.
(3) Before making rules to which this section applies, the Minister must publish:
(a) a statement summarising the feedbackreceived during the consultation period and the Minister’s response to that feedback; and
(b) a disability impact statement setting out the
expected effect of the proposed rules onparticipants and prospective participants.”
55. Review of The Senate should pass an amendment to the Bill in Moved by the member for Kooyong in the House of
amendments the following terms: Representatives on 1 July 2026 and adopted by theHouse.47 “Clause 2, page 2 (table item 1), omit “Sections 1 to 3”, substitute “Sections 1 to 4”.”
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AFDO – Proposed amendments 17 July 2026
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56. Review of The Senate should pass an amendment to the Bill in Moved by the member for Kooyong in the House of
amendments the following terms: Representatives on 1 July 2026 and adopted by theHouse.48 “Page 3 (after line 8), after clause 3, insert:
4 Review of amendments
(1) The Minister must cause a review to be conducted of the operation of the amendments made by this Act.
(2) The review must be conducted at the same
time as the review under section 4 of the
National Disability Insurance SchemeAmendment (Getting the NDIS Back on Track
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AFDO – Proposed amendments 17 July 2026
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No. 1) Act 2024 of the operation of theamendments made by that Act.
(3) The persons conducting the review must be
independent of the Agency and of theDepartment.
(4) The review must consider the followingmatters:
(a) access to the NDIS;
(b) participant outcomes, including continuity and quality of supports;
(c) review and appeal rights under the National Disability Insurance Scheme Act 2013;
(d) the viability and sustainability of theprovider market;
(e) service delivery in thin markets;
(f) the interaction between the amendments made by this Act and any foundational supports or related systems of support.
(5) The persons conducting the review must give the Minister a written report of the review.
(6) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.”
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Endnotes
1 Community Affairs Legislation Committee, National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026, interim report, Commonwealth of Australia, 23 June 2026, paragraph 1.6, p. 85, retrieved from https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/NDISFutureGenBill/Interim_Report, accessed 23 June 2026. 2 Note 1. 3 Parliamentary Joint Committee on Human Rights, Human rights scrutiny report. Report number 7 of 2026, Commonwealth of Australia, 12 June 2026, retrieved from https://www.aph.gov.au/ /media/Committees/pjchr_ctte/reports/2026/Report_7_of_2026/report/Report_7_of_2026.pdf, accessed 3 July 2026. 4 Document ST122, retrieved from https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7487, accessed 10 July 2026 5 Supplementary Explanatory Memorandum, Amendments to be moved on behalf of the government, p. 1, retrieved from https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7487, accessed 10 July 2026. 6 Addendum to the Explanatory Memorandum, retrieved from https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7487, accessed 10 July 2026 7 Hansard, House of Representatives, 1 July 2026, p. 36, retrieved from https://parlinfo.aph.gov.au/parlInfo/download/chamber/hansardr/29170/toc_pdf/House%20of%20Representatives_2026_07_01.pdf; fileType=application%2Fpdf, accessed 9 July 2026. 8 Note 7, pp 85-86. 9 Note 8. 10 Note 7, p. 33. 11 Note 7, p. 40. 12 Note 7, p. 38. 13 Note 8. 14 Note 7, p. 30. 15 Note 7, p. 83. 16 Note 15.
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17 Note 14. 18 As notified to DROs by the Department in the NDIS reforms roundtable: Inclusive Communities Fund, held on 2 July 2026. 19 Note 1, paragraph 2.226, p. 73. 20 Note 6. 21 Note 10. 22 Note 10. 23 As notified to DROs by the Department in the NDIS reforms roundtable: new framework planning (part 2) held on 14 July 2026. 24 Note 7, p. 24. 25 Department of Health, Disability and Ageing, Technical Advisory Group for NDIS functional capacity, Commonwealth of Australia, 10 July 2026, retrieved from https://www.health.gov.au/committees-and-groups/technical-advisory-group-for-ndis-functional-capacity, accessed 10 July 2026. 26 Note 25. 27 Note 7, pp. 88. 28 Note 24. 29 Note 8. 30 Note 8. 31 Note 24. 32 Note 7, p. 32. 33 Note 7, p. 41. 34 Note 10. 35 Note 8. 36 Note 15. 37 Note 14. 38 Note 7, pp. 87-88. 39 Note 38. 40 Note 19.
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42 Note 7, p. 88. 43 Note 7, p. 35. 44 Note 7, p. 36. 45 Note 7, p. 81. 46 Note 7, p. 27. 47 Note 7, pp. 84-85. 48 Note 47.
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