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
Exercise & Sports Science Australia
8 July 2026
Re: 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
Exercise & Sports Science Australia (ESSA) welcomes the opportunity to provide this supplementary submission to the Senate Community Affairs Legislation Committee regarding the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026, following the release of the Committee’s Interim Report.
ESSA notes the Committee’s recognition that the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 represents one component of a broader reform agenda that will substantially influence how participants access supports, how decisions are made and how the Scheme operates into the future.
Throughout this inquiry there has been significant discussion regarding sustainability, governance and participant protections. ESSA submits these are not competing objectives. Long-term Scheme sustainability depends upon participants receiving timely access to evidence-based supports that maintain or improve functional capacity, reduce avoidable deterioration, and maximise independence. Legislative reforms should therefore strengthen transparency, clinical governance and participant-centred decision-making so the Scheme can deliver better outcomes while moderating long-term expenditure growth.
ESSA supports the Committee’s emphasis on implementation planning and meaningful stakeholder engagement. Given the breadth of reforms proposed, implementation will be critical to ensuring legislative intent translates into improved participant outcomes while maintaining public confidence in the Scheme.
This submission should be read alongside ESSA’s original submission of 29 May 2026.
ESSA welcomes the Committee’s acknowledgement that implementation of these reforms will require careful planning, consultation and engagement with the disability community. The Interim Report appropriately recognises that reforms of this scale must be implemented transparently and in partnership with participants, providers and the broader disability sector.
While ESSA supports the overarching objectives of the Bill, the Interim Report reinforces many of the concerns raised in our original submission regarding transparency, accountability and the exercise of significant discretionary powers. ESSA submits that several provisions of the Bill would benefit from additional legislative and Parliamentary safeguards to ensure decisions affecting participant access to supports remain evidence-based, clinically informed and subject to appropriate oversight.
Since lodging our original submission in May 2026, further implementation of the Government’s NDIS reform agenda, including the 2026–27 NDIS Annual Pricing Review, has demonstrated the importance of transparent decision-making processes where changes have the potential to influence participant access to supports.
ESSA’s recommendations are outlined in the table below-
| Bill Provision | ESSA Recommendation | Intended Outcome |
|---|---|---|
| Schedule 1 Part 4 – | ||
| Support Determinations | ||
| Section 34A (1) | ||
| Add (c) the determination shall describe the basis for the | Transparent, evidence-based decisions that maintain public and participant confidence. | |
| Scheme participant safety is paramount. Cost and value must not compromise safety. Participant safety and clinically informed risk management is provided at a higher cost as a consequence of higher qualifications and professional accountability. The CEO should have regard to participant safety when deciding on preferred supports. This is not contrary to the aim of developing and evaluating functional capacity. Safety is highlighted in p32 of the Explanatory Memorandum, and this requires clarity in Section 73. Safety is also raised in 45C (14)(a). | Add “The CEO should have regard to the safety of participants when deciding on preferred supports. Cost and value are important for scheme sustainability; however, the CEO should consider the safety of participants when deciding on preferred supports.” | |
| Schedule 1 Part 6 – Reasonable and Necessary Supports Section 73 Amend (1A) add (c) Must consider risk and safety of participants when recommending a support be available within the Scheme. | ||
| The Page 52 of the Explanatory Memorandum requires amending to include the principles of risk and safety when decisions are made regarding supports. The Memorandum says the CEO is not limited by value and cost, however safety warrants visible, clear guidance in the legislation. |
Schedule 3 Governance arrangements Section 45C (14) Add (d) supporting quality, safe and sustainable disability services and supports.The Minister’s second reading speech reference to ‘quality services and supports.’, should be more
Bill Provision ESSA Recommendation Intended Outcome
Explanatory Memorandum amendment- The Minister’s
second reading speech reference to ‘quality services and For clarity, the intent of
supports.”, should be more clearly reflected in the the Minister’s Second
Explanatory Memorandum, rather than an inconclusive Reading speech including
mention of the NDIS Review. “delivering quality
EM page 115 add to paragraph 3 “The Minister will services and supports to
consider quality, safety and sustainability of provider participants” should be
services and supports when determining prices.” included in the Bill.
Quality services and
supports can only be
delivered by a sustainable
disability service and
supply sector. The
Scheme has a defining,
unavoidable role to play in
the economics of the
disability services market.
Sustainability of the
disability service sector
should be a feature of the
Minister’s pricing
considerations.
These recommendations seek to strengthen the Bill while supporting the Government’s objective of delivering a sustainable, participant-centred National Disability Insurance Scheme. ESSA confirms it agrees to the publication of this submission.
ESSA welcomes an invitation to attend a future public hearing on the inquiry.
Yours sincerely,
Scot MacDonald Elyse Hocking General Manager, Policy & Advocacy Policy & Advocacy Manager Exercise & Sports Science Australia Exercise & Sports Science Australia
4
ESSA’s Recommendations
Schedule 1 Part 4: Support determinations
Relevant Bill provisions
ESSA supports the Government’s objective of improving the sustainability of the NDIS. Decisions regarding categories of funded supports are an important component of that objective and can help maintain a social licence for the Scheme.
Where legislation provides broad powers to determine or reduce categories of funded supports, transparency and appropriate governance is important to protect the rights of people living with disability.
ESSA Position
Funding and support decisions influence participant access to services that improve functional capacity, maintain independence and reduce reliance on more intensive services over time.
For this reason, decisions relating to categories of funded supports should be transparent, proportionate and informed by appropriate clinical expertise alongside economic and administrative considerations.
Transparent decision-making provides confidence that changes are supported by evidence, enables stakeholders to understand the basis for decisions and promotes consistent implementation across the Scheme.
ESSA Recommendation
Schedule 1 Part 4 Section 34A (1) Add (c) the determination shall describe the basis for the decision including clinical and economic evidence and consultations undertaken.
Schedule 1 Part 6: Reasonable and necessary supports
Relevant Bill Provisions
Section 73 emphasises cost and value as the considerations the CEO must have regard to when making decisions about supports.
ESSA Position
Whereas 73 (1E) provides for ‘other matters the CEO considers appropriate’, the Bill does not give adequate and clear direction to consider risk and safety of participants. Value and cost are important, but the Bill as written could enable a bias to approving supports and services that are not informed by risk and safety. An example is Exercise Physiologists must assess a client and recommend programs that are clinically informed and will not heighten risk of injury or delayed improvement in functional capacity. Clinically informed therapy in exercise is provided at a higher cost than providers without tertiary exercise physiology qualifications such as trained fitness providers.
ESSA Recommendation
Section 73 Amend (1A) add (c) must consider risk and safety of participants when recommending a support be available within the Scheme.
Schedule 3 Governance arrangements
Relevant Bill provisions
The Bill (Schedule 3 Part 1) provides for extensive powers to the Minister to determine prices. This follows the NDIS Review and Action 11.3 recommended that the Australian Government, not the Board of the Agency, should make the final determination on prices for NDIS supports. Amendments proposed in Schedule 3, Part 1, make the Minister the decision-maker on NDIS prices.
ESSA Position
ESSA is recommending stronger alignment with the Minister’s second reading speech and his references to “* delivering quality services and supports to participants”. Quality services and goods can only be provided by a disability services market place underpinned by financial sustainability. In the absence of provider sustainability, quality and safety can be compromised at the cost and risk to Scheme participants. ESSA proposes there be a clear reference in the Bill (Section 45C) that the Minister must consider quality, safety and provider sustainability when determining pricing.
ESSA Recommendation
Section 45C
(14) Add (d) supporting quality, safe and sustainable services and supports.
Explanatory Memorandum - page 115 add to par 3 “The Minister will consider quality, safety and sustainability of provider services and supports when determining prices.”
Conclusion
ESSA supports the Australian Government’s objective of ensuring the NDIS remains sustainable for future generations.
Sustainable disability and social systems are achieved by investing in interventions that maximise independence, maintain functional capacity and reduce future reliance on higher cost supports. Exercise Physiology therapy services for people with disability meets this definition, supporting thousands of NDIS participants with its model of care focusing on assessment; clinically informed and financially effective programs; a paramount regard for client safety and goals of improving functional capacity, self-management and independent living where appropriate.
The Committee’s Interim Report acknowledges the importance of careful implementation, consultation and maintaining participant confidence throughout the reform process. ESSA supports this direction and urges that the Bill will be further strengthened through additional safeguards that promote transparency, evidence-based decision-making, clearer requirements to consider safety and quality of services.
The recommendations outlined in this supplementary submission seek to strengthen, not delay, the implementation of reform. They are intended to support legislation that delivers greater consistency, improved participant outcomes; stronger regard for participant safety and increased public confidence while assisting the Government to achieve its objective of a financially sustainable Scheme.
ESSA appreciates the opportunity to contribute to the Committee’s consideration of the Bill and would welcome the opportunity to provide any additional information or appear before the Committee should this assist its deliberations.
References
Australian Human Rights Commission. (2025, August 8). NDIS support rules. Australian Human Rights Commission
Australian Society of Parliamentary Governance. (n.d.). Home page. https://www.aspg.org.au
Butler, M. (2026, April 22). Minister Butler speech at the National Press Club – 22 April 2026. Australian Government Department of Health, Disability and Ageing. https://www.health.gov.au/ministers/the-hon-mark-butler-mp/media/minister-butler-speech-at-the-national-press-club-22-april-2026
Carbone, P. S., Smith, P. J., Lewis, C., & LeBlanc, C. M. A. (2021). Promoting the participation of children and adolescents with disabilities in sports, recreation, and physical activity. Paediatrics, 148(6), Article e2021054664. https://doi.org/10.1542/peds.2021-054664
Castaño, P. (2024). Effects of physical exercise on gross motor skills in children with autism spectrum disorder. Journal of Autism and Developmental Disorders. https://doi.org/10.1007/s10803-023-06031-5
Cambridge University Press. (n.d.). Home page. https://www.cambridge.org
Chief Executive Officer of the National Disability Insurance Agency v Eastham [2026] FCA 147. https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0147
Department of Veterans’ Affairs. (n.d.). At risk client assessment form for use by GPs. Australian Government. https://www.dva.gov.au/about-us/dva-forms/risk-client-assessment-form-use-gps
Department of Veterans’ Affairs. (n.d.). Treatment cycle information for GPs: When the treatment cycle does not apply. Australian Government. https://www.dva.gov.au/providers/information-for-gps-other-primary-care-providers/treatment-cycle-information-for-gps#when-the-treatment-cycle-does-not-apply
Liang, Y. (2021). The effects of exercise interventions on executive functions in children and adolescents with autism spectrum disorder: A systematic review and meta-analysis. Sports Medicine, 51, 2497–2516. https://doi.org/10.1007/s40279-021-01545-3
National Disability Insurance Agency. (2026). Participant datasets. NDIS Data and Insights. https://dataresearch.ndis.gov.au/datasets/participant-datasets
NSW Public Service Commission. (n.d.). State Employment Framework. https://sef.psc.nsw.gov.au
Schofield D, Zeppel MJB, Tanton R, Veerman JL, Kelly SJ, Passey ME, Shrestha RN. Individual and national financial impacts of informal caring for people with mental illness in Australia, projected to 2030. BJPsych Open. 2022 Jul 18;8(4):e136. doi: 10.1192/bjo.2022.540. PMID: 35848155; PMCID: PMC9345331.
Parliament of Australia. (n.d.). Home page. https://www.aph.gov.au
Parliament of Australia, Senate Select Committee on Work and Care. (2023). Final report: Work and care. https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Work_and_Care/workandcare/Report
Parliament of New South Wales. (n.d.). Home page. https://www.parliament.nsw.gov.au
Parliament of Queensland. (n.d.). Home page. https://www.parliament.qld.gov.au
Victoria University Law and Justice Journal. (n.d.). Home page. https://vulj.vu.edu.au