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 the Committee 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 the proposed 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
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.
Submission 446 - Supplementary Submission
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 the
diversion from the NDS 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 Greens
mentioned 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
either house of the territory governments have not adequately established the Parliament 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 those supports 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 NDSI, nor should their supports be reduced based on consideration 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
of supports for persons likely to be affected by not meet eligibility requirements are not left without support.
Recommendation 1 from the interim report is in the following terms: “The committee agrees that the Scheme was never intended to operate as the sole source of support for people with disability, but rather as one part of a broader ecosystem of mainstream, community and disability supports”
Paragraph 2.221 Interim report “The committee notes the importance of governments continuing to strengthen and invest in foundational and 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| Restrict the Minister’s power to reduce funding support | This exclusion has been stated by the Greens as agreed | |
| by the government. However, this exclusion is not | ||
| expressly included in the amendments introduced into the | ||
| Parliament by the member for Ryan on 1 July 2026 and | ||
| agreed to by the House. | ||
| Section 34A(1A), which, contrary to the agreement, | ||
| extpressly 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. | ||
| Amend proposed ss 34A(1A) to delete paragraph (b), Inserted into the Bill by the amendments introduced into | ||
| the Parliament by the member for Ryan on 1 July 2026 | ||
| and agreed to by the House9. “For the purposes of paragraph (1)(a), a | ||
| specified group of supports must be supports for This amendment is consistent with the amendments | ||
| assistance 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). |
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| amendments & proposed amendments |
4. Minister’s power to reduce support funding determinations
AFDO supports an amendment to the Bill in the Moved by the member for Kooyong in the House of Representatives on 1 July 2026 (but not adopted by the House).12 “(5) Schedule 1, item 34, page 12 (after line 16), after subsection 34A(1), insert:
- A determination under this section may specify classes of participants to whom the determination 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) of participants.“
5. Minister’s power to reduce support funding determinations
Restrict the Minister’s power to reduce funding support This exclusion has been stated by the Greens as agreed by the government. However, this exclusion is not expressly included in the amendments introduced by the member for Ryan on 1 July 2026 and agreed to by the House.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,
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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
“communicate and to” immediately before “undertake paid “participants”, insert:
, and the reasonable and necessary supports
required by participants, including those
necessary for participants to communicate and
to undertake paid employment, volunteering and
study.“
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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.
Minister’s power Representatives on 1 July 2026 (but not adopted by the
Further, those minimum safeguards, together with
other necessary safeguards, must be included in the Paragraph 2.114 Interim report
Bill.
AFDO supports an amendment to the Bill in the
following terms:
“Additionally, the Agencies noted that the Minister will be
required to have regard to the safety of participants when
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 with
determinations 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 how the Government intends to monitor for increased
isolation, identify emerging risks of abuse or neglect,
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
each House of the Parliament, each House assess the impacts on mental health and employment, or
passes 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 reductions that place their safety or wellbeing at risk.”
period referred to in subsection (7), the
determination 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 the House).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, the
participant'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 under
subparagraph 48A(1)(b)(iii).
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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), omit a reasonable subsection 34A(5).” and necessary support can be less than the total cost of the support
-
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 a community-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,
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| 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 “The committee notes the need for further clarity on the mechanism through which the Minister must have regard to the safety of participants when making a support determination, including appropriate safeguards and monitoring.” | ||
| Explanatory Memorandum is insufficient consultation with, and agreement by, the states and territories), impact analysis, disallowance and merits review safeguards. | ||
| We note recommendation 2 of the Interim report that | ||
| the | ||
| In relation to employment supports within SCCP, “the | ||
| Australian Government amends the Explanatory Memorandum to include further clarification, similar to evidence provided in the Agency’s submission and Questions on Notices, Paragraph 1.44, Additional Comments - Coalition 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 safety.” participants when making a support
determination, including safeguards and Recommendation 5, Dissenting report, Australian Greens monitoring; the critical supports which will not be “recommend that the Bill be amended to prevent the Minister from imposing blanket restrictions or funding caps on any class of supports. Decisions regarding these supports should be based on the individual
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 be Pocock preserved from the proposed support determination 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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."
13. 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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), before manner 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 of participant supports, the CEO must notify the relevant participant, in writing in a manner consistent with the participant’s known access requirements, of the reasons for not being so satisfied.
-
Value for money Amend proposed ss34(1A)(b) to require the CEO to also 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 represent better value for money than the support."\n -
Evidence AFDO supports an amendment to the Bill in the Moved by the member for Indi in the House of\n hierarchy following terms: Representatives on 1 July 2026 (but not adopted by the\n House).22 “+“Schedule 1, item 73, page 27 (lines 6 to 35), omit\n subsections 34(1E) and (1F).”
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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| amendments & proposed amendments |
-
Include factors Amend proposed subsections 34(1A)-(1C) and 34(1G)- (1H), in Part 6, Schedule 1 of the Bill to include all of the factors currently included in the Supports for Participants Rule
-
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.
-
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, in Chapter 3, Part 2, Division 2, subdivision B), rather than a informal networks and the community”. “reasonable expectation of support”.
-
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 parental responsibility 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.”
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| amendments & proposed amendments |
| 22. Daily living costs | Amend proposed ss 34(1H) to read: Paragraph 2.105, Interim report | “For the purposes of subsection (1G), “(W)here a child participant’s support needs extend | | | beyond what would be age-appropriate support for a | | | parent to provide, those support needs would absolutely | | | be considered in the context of that child’s disability related | | | support needs.” |
| 23. Daily living costs | Amend proposed subsection 17B(3) to read: | | | “Participants should be responsible for their day-to-day living costs, being day-to-day living | | | costs incurred whether or not a person has a disability.” |
| 24. Functional capacity | Amend proposed section 9B(1)(b) (Item 4, Schedule 1) Recommendation 7, Dissenting report, Australian | | | so that it reads: Greens | | | “(b) in a context that includes, as far as possible, “recommend that the impact of a person’s environmental, | | the impact of the person’s environmental, contextual, social, and cultural circumstances be included in the definition of functional capacity.” | | circumstances, and the personal cost of functioning, including fatigue, distress and Incorporating (in part) the amendment moved by the member for Fowler in the House of Representatives on 1 July 2026 (but not adopted by the House).24 |
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 the House).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 the House).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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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. treatments not Exclude, by including a new subsection 25A(1A), from appropriate treatment. Chemical restraints will not be considered an publicly the requirement to access appropriate treatment before appropriate treatment. Chemical restraints are a restrictive available becoming eligible for the NDIS any treatment that is: practice and must be authorised as part of an approved
(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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| 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 or environmental restraint” The notes introduced by the amendments have no legal operative effect.
30. Remove any
The limitations and restrictions identified by the Committee, and as accepted by the Department, as “The Agencies acknowledged community concern that treatment that is Paragraphs 2.63- 2.64, Interim report not 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”
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
necessary must be included as express provisions in treatments they are unable to access due to financial or
the Bill.
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 the
Human 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 undertake treatment that is:
(a) unreasonably inaccessible or unavailable; or
(b) not clinically appropriate; or
(c) associated with unreasonable risk."
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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, the
Minister must be satisfied that: …
(a) it is not appropriate to fund or provide a there is no requirement that the CEO be satisfied that the
support 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 the timeframe 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).
- 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.”
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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's
reasonable 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| amendments & proposed amendments |
- Reassessments AFDO supports an amendment to the Bill in the Moved by the member for Warringah in the House of 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 the participant’s reasonable and necessary support needs; or
(iii) new evidence relevant to the participant’s support needs has emerged.”
- 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.
38 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 the attempts 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
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—the
participant; or
(b) if the participant has a nominee—the
participant’s nominee."
(b) amending proposed subsection (1C) to read:
The requirements in this subsection are met in
relation to the person mentioned in
paragraph (1B)(a) or (b) (as applicable) if:
(a) at least 5 attempts have been made to
contact the person using the person’s
preferred form of contact and in a manner
consistent with the person's known access
requirements; and
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
(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 in
paragraph (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 the House).39
-
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. -
Revocation Part 7, Schedule 1 of the Bill is further amended to provide 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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). Greens
We 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, Dissisting 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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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- making processes should be authorised or implemented without detailed community consultation. The provisions should be removed from the Bill until this has occurred.
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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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill 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 member the Senate to pass the amendment to include ss for Ryan on 1 July 2026 and agreed to by the House,41 together with further amendments to ensure the document 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 reader
compatible, Easy Read, and Auslan.”
46. Debts and civil Protect participants, families and nominees who act in penalties good faith. Make debt decisions reviewable. Allow waiver where record failures are reasonable in the circumstances. Exempt participants from disproportionate civil penalties.
-
Provider Accept the Taskforce advice that not all providers must registration be registered. Co-design provider, self-directed support and worker registration reforms. Remove or redraft provisions that undermine self-management and self- directed supports.
Page 33
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
| Issue | Proposed amendment | Mapping to Senate reports, recommendations, |
|---|---|---|
| amendments & proposed amendments | ||
-
Regulatory Place regulatory and civil remedy powers with the NDIS powers Commission rather than expanding NDIA’s role as planner, funder and regulator.
-
Co-governance Require Category A Rules and state and territory and Category A agreement for major instruments with policy or fiscal Rules consequences, including support reductions, pricing, alternative supports and assessment tools.
-
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 the the 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
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
share key personnel out of staffing necessity as opposed
to fraudulent practices.”
-
Whistleblowing AFDO supports an amendment to the Bill in the Moved by the member for Indi in the House of following 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 this Division 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.” Page 35
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
52. Pricing The Senate should pass an amendment to the Bill in Moved by the member for Indi in the House of the 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 the
Minister 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 the
determination to which the advice relates.”
Page 36
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
53. Pricing AFDO supports an amendment to the Bill in the Moved by the member for Kooyong in the House of following 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 the
availability of supports, including in thin markets
and regional areas.
(18) Before making a determination under
subsection (1), the Minister must:
(a) obtain independent pricing advice; and
(b) publish that advice; and
(c) consult participants and providers.”
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Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 Insurance
Scheme 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 is
published (the consultation period) during which
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
persons may make submissions on the
proposed 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 Carer
Organisations;
(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 feedback
received 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 on
participants 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 the House.47 “Clause 2, page 2 (table item 1), omit “Sections 1 to 3”, substitute “ Sections 1 to 4“.”
Page 39
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
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 the House.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 Scheme
Amendment (Getting the NDIS Back on Track
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
Issue Proposed amendment Mapping to Senate reports, recommendations,
amendments & proposed amendments
No. 1) Act 2024 of the operation of the
amendments made by that Act.
(3) The persons conducting the review must be
independent of the Agency and of the
Department.
(4) The review must consider the following
matters:
(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 the
provider 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.
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
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.
Submission 446 - Supplementary Submission
Securing the NDIS for Future Generations Bill AFDO – Proposed amendments 17 July 2026
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. 41 Page 43 Note 7, p. 86.
Securing the NDSI for Future Generations Bill
AFDO – Proposed Amendments 17 July 2026
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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