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
Committee Secretary
Senate Standing Committees on Community Affairs (Legislation)
PO Box 6100
Parliament House
Canberra ACT 2600
community.affairs.sen@aph.gov.au
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.
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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 OutcomeSection 34A (1) Transparent, evidence Schedule 1 Part 4 – Add (c) the determination shall describe the basis for the based decisions that
Support Determinations
decision including clinical and economic evidence and maintain public and consultations undertaken. participant confidence.
Scheme participant safety is paramount. Cost and value must not compromise safety. Participant safety and Section 73 Amend (1A) add clinically informed risk (c) Must consider risk and safety of participants when management is provided recommending a support be available within the Scheme. at a higher cost as a consequence of higher Page 52 of the Explanatory Memorandum requires qualifications and amending to include the principles of risk and safety when professional
Schedule 1 Part 6 – decisions are made regarding supports. The accountability.
Reasonable and Memorandum says the CEO is not limited by value and The CEO should have
Necessary Supports cost, however safety warrants visible, clear guidance in regard to participantthe legislation. safety when deciding on Add “The CEO should have regard to the safety of preferred supports. This is participants when deciding on preferred supports. Cost not contrary to the aim of and value are important for scheme sustainability; developing and evaluating however, the CEO should consider the safety of functional capacity. participants when deciding on preferred supports.” Safety is highlighted in p32 of the Explanatory Memorandum, and this requires clarity in Section 73. Safety is also raised in 45C (14) (a)
The Minister’s second
Section 45C Schedule 3 reading speech reference (14) Add (d) supporting quality, safe and sustainable Governance to ‘quality services and disability services and supports. arrangements supports.”, should be more
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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
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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.
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- 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.
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