Submission 515
Submission to the Senate Community Affairs Legislation
Committee
National Disability Insurance Scheme Amendment (Securing the NDIS for
Future Generations) Bill 2026
To the Committee,
I am writing as the parent and carer of a child with a highly complex disability profile to express concern regarding aspects of the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026, particularly the proposed reforms relating to eligibility assessments, functional capacity assessments, reassessments, and supports for children with developmental disability and autism.
While I support measures aimed at ensuring the long-term sustainability of the NDIS and reducing fraud and misuse within the system, I am deeply concerned that some of the proposed reforms may unintentionally disadvantage children with complex and overlapping disabilities whose needs do not fit neatly into simplified assessment models.
My child has:
Autism Spectrum Disorder Level 2 requiring substantial support Borderline intellectual disability Moderate to severe functional delays
ADHD
Reactive Attachment Disorder
Separation Anxiety Disorder
Developmental Coordination Disorder
In addition to these diagnoses, my child has experienced significant educational trauma and has struggled across multiple school settings due to the complexity of her support needs.
My concern is that the proposed reforms place increased emphasis on standardised functional capacity assessments and categorisation of support needs, while children with highly complex presentations often demonstrate uneven functioning across different environments and domains. Children like mine may appear superficially capable in some settings, while requiring substantial support to function safely and consistently in daily life.
I am particularly concerned about the proposed introduction of:
new standardised eligibility assessment processes, increased reliance on functional capacity measures, tighter reassessment frameworks, and the diversion of some children into alternative support systems outside the NDIS.
The repeated references throughout the reforms to “functional capacity” and “functional impairment” are particularly concerning because these terms have not been clearly defined within the legislation or supporting reform documentation.
Submission 515
At present, families have limited clarity regarding:
how functional capacity will be assessed, what assessment tools will be used, how complex and fluctuating presentations will be evaluated, how co-occurring disabilities will be weighted, and how consistency across assessors and environments will be ensured.
The terminology is broad, subjective and open to interpretation, creating significant risk of inconsistent decision-making influenced by assessor perception, unconscious bias, environmental presentation, or limited observation periods.
Children with complex neurodevelopmental and psychosocial disabilities often present differently across settings and may mask impairments in structured environments. A child may appear capable during short assessments or within highly supported settings, while still requiring substantial supervision and support to function safely and consistently in everyday life.
There is significant concern that:
“capacity” may become confused with potential, temporary presentation may be mistaken for sustainable functioning, and observable behaviour during assessments may outweigh the child’s actual daily support needs.
This is particularly relevant for children with:
autism,
ADHD,
trauma-related presentations, attachment disorders, executive functioning impairments, emotional dysregulation, anxiety disorders, or uneven cognitive profiles.
Children with co-occurring developmental, psychological, emotional and behavioural complexities often do not fit neatly within “low”, “moderate”, or “high” support classifications. Their needs fluctuate significantly depending on environmental stress, trauma history, educational setting, emotional regulation, executive functioning demands, and social safety.
There is a significant risk that children with complex neurodevelopmental and psychosocial presentations may be incorrectly assessed as requiring only “moderate” support despite experiencing substantial functional impairment across daily living, education, social participation, emotional regulation, communication and independence.
I am also concerned that:
standardised assessments may not adequately capture masking behaviours,
Submission 515
schools may unintentionally minimise the extent of support required, and families may face increased evidentiary burdens to continually prove permanence and severity of disability.
For children with complex presentations, repeated reassessments can themselves become destabilising and traumatic, particularly where the child already experiences anxiety, attachment difficulties, emotional dysregulation and educational trauma.
I respectfully request the Committee consider the following safeguards within the Bill and associated reforms:
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Ensure eligibility and functional capacity assessments fully account for co-occurring and complex disabilities, not single diagnoses in isolation.
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Clearly define “functional capacity” and “functional impairment” within legislation or supporting rules to reduce subjectivity and inconsistent interpretation.
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Require transparent and evidence-based assessment frameworks, including guidance on fluctuating capacity, masking behaviours and environmental variability.
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Require assessors to consider functioning across multiple environments, including home, school and community settings.
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Ensure children with substantial support needs are not excluded from the NDIS solely because they do not fit narrow diagnostic or intellectual thresholds.
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Clarify the definition of “low to moderate support needs” to avoid inconsistent interpretation for autistic children and children with developmental disabilities.
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Ensure reassessment processes do not create unnecessary instability or trauma for vulnerable children and families.
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Require recognition of the cumulative impact of developmental disability, trauma, anxiety disorders, executive functioning impairment and social vulnerability on functional capacity.
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Ensure children are not left without appropriate supports while responsibility is shifted between the NDIS, education and health systems.
Families caring for children with complex disability profiles already spend significant time navigating fragmented systems while advocating for supports necessary for safety, participation, education and wellbeing. Any reforms aimed at sustainability must also ensure that children with genuine and substantial functional impairment are not unintentionally excluded, oversimplified, or left unsupported.
Thank you for considering this submission.
Yours sincerely,