Submission 586
Committee Secretary
Community Affairs Legislation Committee
Re: National Disability Insurance Scheme Amendment (Securing the NDIS for Future
Generations) Bill 2026
Department of the Senate
PO Box 6100. Parliament House
CANBERRA ACT 2600
29 May 2026
By email: seniorclerk.committees.sen@aph.gov.au; community.affairs.sen@aph.gov.au
Dear Honourable Senators, members of the Community Affairs Legislation committee,
Brain Injury Australia( BIA ) provides this brief submission, cognisant of the timelines imposed and the large volumes of submissions already submitted. BIA:
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regrets the short time frame provided to address a nation building programme that has enhanced and progressed the lives of participants since inception.
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acknowledges that in all evolving systems, there needs to be change.
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notes the estimates from the Treasury about the expected cuts in numbers of participants and the expected savings are large and has led to immediate concerns from the sector about on going care provision and is wary of harm from removal of services in the absence of support and services which with be required.
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supports an “Independent Pricing Authority” (akin to the Independent Health and Aged Care pricing Authority -IHACPA) for costing decisions.
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acknowledges the need to reframe the discussion of compliance onto providers and funders, not people living with a disability who are unfairly targeted and presented as undeserving recipients of care and support.
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states that any compliance, investigative and prosecuting process should have at its core the same expectations as if this was being done by the Police with appropriate penalties.
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reiterates that the human rights and dignity of people living with a disability and their legitimate expectation to a fair and reasonable aspiration of a non-judgemental and supportive scheme
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supports the efforts and submissions from the Australian Federation of Disability Organisations (AFDO).
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reaffirm the need for and our willingness to be part of a “co-designed” revision process for the scheme
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note the issues of those living with an acquired Brain injury as below which are of significant issue to delineate in detail.
ACN:144 700 532; ABN:77 314 074 922;
Submission 586
Specific Implications for People with Acquired Brain Injury
The proposed changes present particular and acute risks for people with ABI, given the well documented characteristics of this disability group:
ABI Characteristic Risk Under the New Framework
New eligibility may not capture capacity on “bad days”; Fluctuating functional capacity assessments taken without supports may not reflect real-world functioning Complex co-morbidities (cognitive, physical, Narrowed “direct link” requirement may exclude supports for behavioural, emotional) co-occurring conditions Psychosocial impacts (mood, behaviour, self Likely to be deprioritised under functional capacity assessment regulation) Heavy reliance on social and community Directly affected by funding cuts to this category participation supports Overrepresentation in rural, remote and First Geographic inequity in access to assessments and
Nations communities Foundational Supports
Overrepresentation in prison populations (40– Least likely to be captured by any alternative support systems90% prevalence of ABI) Needs that emerge and evolve over time Restrictions on reassessments reduce ability to respond to (recovery can continue 5+ years post-injury) changing needs High lifetime cost of support ($2.5M–$4.8M Arbitrary funding reductions may cause serious downstream per individual for TBI) harm
Recommended Focus Areas for Brain Injury Australia’s cohort:
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We oppose the decontextualised functional capacity assessment — ABI impacts cannot be meaningfully assessed without considering supports, environment and fluctuation
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BIA opposes the “direct link” requirement for reasonable and necessary supports —ABI routinely involves co-occurring cognitive, behavioural and psychosocial needs that are inseparably linked.
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We assert that guaranteed continuity of supports are necessary before any eligibility changes take effect
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BIA supports a meaningful, genuine co-design of the functional capacity threshold and assessment tools, with specific expertise in ABI deployed.
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The non-reviewability of support determinations and plan renewals is a human rights concern.
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We call for ABI-specific data collection and outcome monitoring for those who exit or are denied access to the NDIS.
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We would like to note that the justice system pipeline — people with ABI who cycle through the criminal justice system - will fall through every gap if NDIS access is tightened without robust alternatives to the detriment of participants and society as a whole.
I can be present for the Melbourne hearings if this is of value to the committee.
With best wishes
Dr Mukesh Haikerwal AC
A/g CEO, Brain Injury Australia ACN:144 700 532; ABN:77 314 074 922;
Submission 586
ABOUT BRAIN INJURY AUSTRALIA
Founded in 1986, Brain Injury Australia is the national peak advocacy organisation representing the needs of the 700,000 Australians with a brain injury, their families and carers. Alongside providing policy advice to governments, Brain Injury Australia also drives multi-year public awareness campaigns.
About Brain Injury
The disability called brain injury — sometimes called acquired brain injury, or “ABI” — refers to any damage to the brain that occurs after birth. That damage can be caused by an accident or trauma, by a stroke, by a brain infection, by alcohol or other drug abuse or by diseases of the brain like Parkinson’s disease. Brain injury is common. According to the Australian Bureau of Statistics, over 700,000 Australians have a brain injury, with daily “activity limitations” and “participation restrictions”. Three in every four of these people are aged 65 or under. As many as two out of every three acquired their brain injury before the age of 25. Three-quarters of people with a brain injury are men.
ACN:144 700 532; ABN:77 314 074 922;