Submission 553

NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026

About the Australian Association of Social Workers

The Australian Association of Social Workers (AASW) is the national professional body representing more than 17,000 social workers throughout Australia. The AASW works to promote the profession of social work, including setting the benchmark for professional education and practice in social work, while also advocating on matters of human rights to advance social justice.

The social work profession in Australia is based on an abiding respect for all persons and the principles of social justice and professional integrity. The AASW’s vision is one of “Wellbeing and Social Justice for All”. To fulfil this vision, the AASW works toward a society in which all people can thrive, develop their potential, contribute to their community, and pursue lives of meaning and purpose. To create such a society, social workers strive to ensure that all people enjoy the fulfilment of all their rights under the International Bill of Rights.

¹ United Nations General Assembly. (1948). Universal declaration of human rights (217 [III] A). https://www.un.org/en/about-us/universal-declaration-of-human-rights

The AASW celebrates the NDIS (National Disability Insurance Scheme) as the fulfilment of Australia’s human rights obligations under the Convention on the Rights of Persons with Disability to be the principal decision maker in their life. The AASW welcomes the NDIS’s efforts to uphold rights for participants to access services and supports that have enhanced foundations in safeguarding and integrity.

The AASW represents members who are NDIS participants, and many members who provide services under the NDIS. These members are providing services in the early childhood stream, co-ordination of supports, positive behaviour supports or psychosocial recovery items. Of these, a significant majority provide Complex Support Co-ordination to participants with complex support needs. The AASW has made multiple submissions to consultations and draft legislation concerning improvements to the NDIS, drawing on the experience and insights of members.

The AASW thanks the Senate Community Affairs Legislation Committee for the opportunity to provide feedback on the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 (‘the Bill’).

The AASW remains strongly committed to the ongoing strengthening of the NDIS and recognises its significant contribution to improving the quality of life, wellbeing, independence, and social participation of people with disability. The AASW also acknowledges the need for the Scheme to operate in a manner that is safe, effective, high quality, and financially sustainable, and recognises the role of government in safeguarding its long-term viability and integrity.

AASW submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2022

Submission 553

These changes represent a fundamental shift in how the NDIS is governed and delivered, raising concerns that the Scheme may move away from the principles that have underpinned its success since its inception. The NDIS has been widely recognised as an innovative, rights-based approach to disability support that places participants at the centre of decision-making. The AASW is concerned that the proposed reforms may weaken key principles of participant choice and control, inclusion, and individualised support. Instead, the changes appear to place greater emphasis on expenditure management and administrative control. Of particular concern is the possibility that participants may no longer receive funding for all supports assessed as reasonable and necessary to achieve their goals and meet their individual circumstances.

The AASW is concerned that the proposed amendments could diminish participants’ ability to exercise choice and control, access supports tailored to their needs, and fully participate in their communities. The AASW supports reforms that strengthen the NDIS while preserving its foundational commitment to human rights, person-centred practice, and participant empowerment. Any changes to the Scheme should ensure that people with disability continue to receive the supports they need to live safe, fulfilling, and inclusive lives within their communities.

Attached below is the AASW’s specific feedback on selected Schedules of the Bill.

Schedule 1

Part 1 – Definition of Functional Capacity

The AASW is concerned that the proposed definition of functional capacity places significant emphasis on what a participant can do independently, while giving insufficient consideration to the social, environmental and personal factors that influence functioning.

Disability cannot be understood in isolation from the social and systemic contexts in which people live. This approach is inconsistent with the World Health Organization’s International Classification of Functioning, Disability and Health which recognises that disability and functioning arise through the interaction between a person and their environment.

Social workers apply a person-in-environment framework, recognising that wellbeing and functional capacity are shaped by factors such as housing, family relationships, community supports, culture, financial circumstances, service access, and broader social systems. Environmental barriers including social isolation, discrimination, unsafe housing, or limited service access can significantly reduce a person’s ability to participate in everyday life.

Social workers are highly skilled in assessing the interaction between personal, social, and environmental factors and are therefore uniquely placed to undertake functional capacity assessments. The AASW strongly recommends that social workers be represented on the Technical Advisory Group and continue to play a central role in assessing functional capacity and support needs within the NDIS.

AASW Recommendations

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 553

• Revise the definition of functional capacity to reflect a more holistic understanding of disability and functioning. • Adopt a holistic assessment framework that reflects the interaction between the individual and their environment. • Ensure social workers are represented on the Technical Advisory Group.

Part 2 – Limiting Unscheduled Plan Reassessments

Plan reassessments are critical to ensuring participants receive appropriate support when their circumstances or needs change. Delays in reassessment can have significant consequences for participant wellbeing, safety, and independence.

The proposed extension of reassessment timeframes from 21 days to 90 days risks delaying access to necessary supports during periods of significant change.

The AASW proposed transitional measures that preserve participants’ ability to request timely plan reassessments until framework planning arrangements are fully implemented. Restricting reassessment processes during a period of substantial reform may weaken important safeguards and reduce participants’ ability to respond to changing needs.

AASW Recommendations • Retain timely reassessment processes throughout the transition to framework planning. • Introduce interim safeguards to ensure participants can access reassessments when circumstances change. • Monitor the impact of the reforms on participant access to supports and review timeframes if delays emerge.

Part 3 – Strengthening the Link Between Impairment and Support Needs

The proposed amendments seek to reinforce the requirement that funded supports relate directly to impairments that meet NDIS eligibility criteria. While this reflects an existing policy position, many participants already face barriers accessing supports for secondary or intersecting conditions that significantly affect daily functioning.

The AASW believes any further restriction of support eligibility should only occur where there is a strong and accessible system of mainstream and foundational supports available. Currently, this broader support system remains inadequate.

Many non-NDIS services are difficult to access, particularly for people experiencing financial hardship. Medicare rebates frequently fall below the cost of allied health services, creating financial barriers to care. Mainstream systems also often fail to account for the additional costs associated with disability, further limiting equitable access to support.

AASW Recommendations

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 553

• Avoid further narrowing support eligibility until mainstream and foundational supports are adequately funded and accessible. • Ensure support determinations recognise the impact of secondary and intersecting conditions on daily functioning. • Invest in community and allied health services to reduce reliance on the NDIS while maintaining participant outcomes.

Part 4 – Support Determinations

The AASW remains concerned that proposed support determination provisions may further restrict access to supports by requiring a direct connection between an impairment and the support provided. Participants already encounter difficulties accessing supports for secondary conditions and broader psychosocial needs. Any move towards narrower eligibility criteria must be accompanied by significant investment in alternative support systems. Without this investment, many people with disability risk falling through service gaps and experiencing poorer outcomes.

AASW Recommendations

• Ensure support determinations consider the broader functional impact of disability. • Maintain flexibility to fund supports addressing complex and intersecting needs. • Establish safeguards to prevent participants being left without support due to gaps in mainstream services.

Part 6 – Reasonable and Necessary Supports

While the Bill aims to clarify the concept of “reasonable and necessary” supports, the proposed criteria risk narrowing access to supports that enable people with disability to participate fully in their communities and exercise their rights.

The AASW is particularly concerned by the proposed hierarchy of evidence, which places considerable weight on peer-reviewed research when determining whether supports are effective.

Disability-specific allied health research is often limited due to underfunding, small sample sizes, and challenges associated with conducting research in community-based settings. Evidence gaps frequently reflect systemic barriers to research rather than a lack of effectiveness.

The AASW supports a broader evidence framework that includes: • Practice-based evidence • Participant-reported outcomes • Clinical expertise • Research involving comparable interventions and functional outcomes

Decisions about support effectiveness should not rely solely on the availability of peer-reviewed evidence. Participant experience and professional judgement must remain important considerations in determining reasonable and necessary supports.

Submission 553

AASW Recommendations

• Broaden the evidence framework to include practice-based evidence, participant outcomes, professional expertise, and comparable research.
• Remove provisions that allow supports to be rejected solely due to limited peer-reviewed evidence.
• Ensure participant experience and clinical judgement remain central to decision-making.

Part 8 – Tightening the Meaning of Permanence The proposed amendments strengthen eligibility requirements relating to permanence and treatment, potentially creating additional barriers for people seeking access to the NDIS. Of particular concern is the expectation that applicants pursue all “appropriate” treatment options before becoming eligible, regardless of whether those treatments are affordable, accessible, or practically achievable.

Many people face significant financial, geographic, and systemic barriers to healthcare. Requiring extensive treatment before eligibility may delay access to essential supports and disadvantage those unable to access costly or specialised services.

The AASW recommends that “appropriate treatment” be limited to treatments that are clinically suitable, reasonably available, and financially accessible. Participants should also retain the right to make informed decisions about treatment without automatically jeopardising their NDIS eligibility. The AASW further emphasises the importance of social workers and allied health professionals contributing to decisions regarding treatment pathways and permanence, given the complex clinical and psychosocial considerations involved.

AASW Recommendations

• Define “appropriate treatment” as treatment that is clinically suitable, reasonably available, and financially accessible.
• Protect participants’ rights to make informed decisions about treatment without automatic impacts on eligibility.
• Require specialist clinical input when determining treatment adequacy and permanence.
• Continue funding therapeutic and allied health supports that maintain functional capacity and wellbeing.

Part 9 – Eligibility Based on Access to Other Services The AASW supports avoiding duplication between funding schemes but does not support broad exclusion from the NDIS based solely on access to another compensation or support system. Alternative schemes often provide different levels or types of support and may not meet a person’s long- term disability-related needs. Some programs offer only short-term assistance, leaving individuals without ongoing supports once funding ceases.

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2022

Submission 553

The AASW is concerned that the proposed reforms lack clarity regarding how alternative support systems will be assessed and deemed equivalent to NDIS supports. Strong safeguards are required to ensure people with disability do not experience service gaps or reduced access to necessary supports.

AASW Recommendations:

• Avoid automatic exclusion from the NDIS where alternative schemes exist.
• Establish clear criteria for assessing equivalency between support systems.
• Ensure participants are not disadvantaged by gaps between funding schemes.
• Monitor outcomes to ensure people with disability continue to receive necessary supports.

Schedule 2

Part 1 – Registration of NDIS Providers

The AASW supports proportionate and risk-based provider regulation that recognises existing professional regulation and registration arrangements.

Future registration requirements need to take into account the existing registration and verification processes that already apply to professionals who provide services in the NDIS. The AASW believes that this proposed registration process should avoid duplicating or counteracting these existing mechanisms. AASW membership means that they are already subject to a rigorous registration and compliance regime. To be a member of the AASW, it is necessary to have graduated from a Bachelor of Social Work, or entry-to-practice Master of Social Work degree that has been accredited by the AASW according to the AASW’s Social Work Education and Accreditation Standards (ASWEAS).

The AASW supports approaches that strengthen quality and accountability while avoiding excessive compliance costs that may reduce service availability for participants.

AASW Recommendations:

• Avoid duplication of existing professional regulation.
• Recognise professional registration and accreditation arrangements as part of any future registration model.
• Minimise unnecessary administrative and financial burdens on providers.

Schedule 3

Part 1 – Decision-Making on Pricing

The AASW supports greater independence in NDIS pricing decisions but remains concerned about the transparency of current pricing processes. There is limited visibility regarding how benchmark prices are established, how service delivery costs are calculated, and how stakeholder feedback influences final decisions.

Sustainable pricing is essential to maintaining a skilled workforce, service quality, and participant access. The AASW recommends stronger legislative safeguards, independent oversight, and regular public

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2022

Submission 553

reporting on pricing methodologies and decisions. Social workers play a critical role in delivering quality disability supports and pricing arrangements must reflect the true cost of professional service delivery.

AASW Recommendations

• Establish independent oversight of pricing decisions.
• Require regular independent pricing reviews.
• Publish pricing methodologies and evidence used in decision-making.
• Ensure pricing reflects the true cost of delivering high-quality social work and allied health services.

Part 2 – Automation of Administrative Action The AASW recognises the potential efficiency benefits of automation but is concerned about its expanded use in NDIS decision-making.

Past experiences with automated government systems demonstrate the risks associated with insufficient oversight and accountability. Decisions relating to disability supports involve complex clinical, psychosocial, and environmental factors that require professional judgement. Social workers routinely assess these complexities through person-centred approaches that cannot be replicated by automated systems.

The AASW strongly recommends that automation not be used for decisions requiring professional discretion, clinical assessment, or evaluative judgement. Human oversight, transparency, and review mechanisms must remain central to all decision-making processes.

AASW Recommendations

• Prohibit automation in decisions involving clinical assessment or professional discretion.
• Maintain human oversight of all participant-related decisions.
• Ensure participants have access to review and appeal mechanisms.
• Introduce strong transparency and accountability safeguards for automated processes.

Conclusion

While the AASW acknowledges the need to ensure the long-term sustainability of the NDIS, the proposed reforms risk shifting the Scheme away from its foundational principles of participant choice, control, inclusion, and rights-based support.

Social workers play a vital role across the disability sector through functional capacity assessments, psychosocial support, care coordination, advocacy, safeguarding, and person-centred planning. Their expertise in understanding the relationship between individuals, families, communities, and systems makes them essential contributors to the NDIS.

The AASW urges Government to ensure that future reforms preserve participant rights, maintain access to necessary supports, and continue to recognise the critical role of social workers in delivering positive outcomes for people with disability.

Submission 553

AASW submission: NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026

Submission 553