Submission #14

This response is informed by those discussions and our member feedback, to be constructive and focused on strengthening the effectiveness of the Bill (and Schedule 2, in particular).

Contact Information:

Email: office@afdo.org.au
Website: www.afdo.org.au
Phone: 1800 219 969
A.B.N.: 25 105 510 898
Contact: Matthew Hall

Date: February 5, 2026

Committee Secretary Senate Standing Committees on Community Affairs PO Box 6100 Parliament House Canberra ACT 2600

By online submission: ahttps://aph.gov.au/Parliamentary_Business/Committees/OnlineSubmission

Dear Committee Secretary,

The Australian Federation of Disability Organisations (AFDO) welcomes the opportunity to provide this submission to the Committee, and to address the provisions of the National Disability Insurance Scheme Amendment (Integrity and Safeguarding) Bill 2025 (Bill), amending the National Disability Insurance Scheme Act 2013 (Act). We have discussed the Bill with AFDO members. This response is informed by those discussions and our member feedback, to be constructive and focused on strengthening the effectiveness of the Bill (and Schedule 2, in particular).

Section 1 - Schedule 1 of the Bill

A F D O supports the amendments proposed in Schedule 1 of the Bill, which strengthen the regulatory powers of the NDIS Quality and Safeguards Commission. These reforms have the potential to enhance participant safety, deter misconduct, and promote higher standards across the sector. A F D O considers that these proposed amendments are consistent with the recommendations of the 2023 Independent Review into the NDIS and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The recommendations were to tighten regulation, penalties and safeguards across the Scheme and deter poor quality and unsafe services, address abuse.

Australian Federation of Disability Organisations (AFDO)

Submission – NDIS Integrity and Safeguarding Bill 5 February 2026

to improve scheme integrity, rather than cutting supports.

2. Schedule 2 of the Bill

AFDO also broadly supports the amendments proposed in Schedule 2 of the Bill. However, we believe that some of those proposed changes will benefit from further amendment or clarification in the drafting, to ensure the amendments provide the best support of the Scheme and its financial sustainability, whilst not detracting from the rights of participants.

We set out our concerns and suggested further amendments below:

2.1. Cooling off period

Item 2 of Schedule 2 inserts a new section 29A, providing for a “cooling off” period for any request by a participant to withdraw from the Scheme. In addition, the Bill (see item 3, Schedule 2) amends paragraph 81(3)(a) of the Act so that the paragraph does not apply to a notice given under the new section 29A. The effect is that section 82 applies. A correspondence nominee can cancel the request to withdraw from the Scheme on behalf of the participant, including where the participant has been provided with a copy of the cooling-off notice.

This is inconsistent with section 79(1)(a) of the Act, which makes it clear that a correspondence nominee cannot do any act that “relates to the preparation, review or replacement of the participant’s plan”.

Recommendation 1:

Remove item 3 of Schedule 2 from the Bill and ensure that only a participant or a participant’s plan nominee can withdraw a notice to withdraw from the Scheme during the cooling-off period.

2.2. New subsection 9A(2)

The proposed new subsection 9A(2) (see Item 4, Schedule 2) authorises the NDIA CEO to provide for “representations’ of approved forms to be published on the NDIA website. However, there is no requirement on the NDIA CEO to ensure that the representation is accessible, or provided in accessible formats.

Australian Federation of Disability Organisations (AFDO)

Submission – NDIS Integrity and Safeguarding Bill 5 February 2026

Recommendation 2:

Amend item 4 of Schedule 2 of the Bill to ensure that the proposed new subsection

9A(2) requires the NDIA CEO to ensure that the representation of any approved

form is accessible, or provided in accessible formats as required by the participant.

2.3. Amended sections 45 and 45A

The government asserts that the amendments to sections 45 and 45A of the Act proposed by the Bill (Item 5, Schedule 2, inserting new subsections 45(3A) –(3E) and Item 7, schedule 2, inserting new subsection 45A(3A)) support flexibility by enabling the NDIA CEO to determine how a claim is required to be made and what kinds of claims are required to be made in that way. For example,

     the amendments will enable the CEO to require NDIS providers

      to submit claims using the my NDIS Provider Portal only, while

      giving the CEO flexibility to enable participants to make claims in

    a variety of ways. (See National Disability Insurance Scheme

   Amendment (Integrity and Safeguarding) Bill 2025 Explanatory

```
   Memorandum, p. 39).
```

However, the provisions allow for such flexibility that the NDIA CEO may also require participants to submit claims only by a particular means or process, and there is no requirement on the CEO to ensure that the means of claims submission by a participant is accessible.

Recommendation 3:

Amend items 5 and 7 of Schedule 2 of the Bill to ensure that the way that the CEO enables a participant to make a claim is accessible by the participant, or provided in an accessible format as required by the participant.

2.4. Decision by CEO to extend (or not extend) time is not reviewable

The amendments proposed by the Bill (see Item 5, Schedule 2) will make any decision by the NDIA CEO to extend (or not extend) the time within which further documents or information in support of a claim must be provided (new subsection 45(3D)), beyond 14 days (new subsection 45(3C)), is not a reviewable decision.

Australian Federation of Disabilities Organisation Submission - National Disability Scheme

The submission concerns the NDIS Integrity and Safeguarding bill dated February 5th, 2026.

Recommendation 4:

A recommendation has been made regarding amendment Item 5 on schedule two stating “a decision by the NDIA CEO to not extend the timeframe for additional documentation/information supporting claims pursuant to section 45(3d), exceeding fourteen days constitutes an appeal-eligible determination”.

Should there arise queries pertaining this document’s content, Please contact: redacted

Matthew Hall National Manager – Systematic advocacy & policy

Submission – NDIS Integrity and Safeguarding Bill

The Australian Federation of Disability Organisations (AFDO) Submission — NDIS Integrity and Safeguarding Bill [5 February 2026]

About AFDO

Since 2023, the Australian Federation of Disability Organisations (AFDO), a Disabled Peoples Organization (DPO), is the pre-eminent national peak in the disability sector, along with its forty-one (41) specific-disability and cross-disability organisations, representing people with disability with a total reach of over 4.5 million Australians.

AFFO continues to provide a strong, trusted, independent voice for the disability sector on national policy, inquiries, submissions, systemic advocacy and advisory on government initiatives with the Federal and State/Territory governments.

We work to develop a community where all people with disability can participate in all aspects of social, economic, political, and cultural life.

This includes genuine participation in mainstream community life, the development of respectful and valued relationships, social and economic participation, and the opportunity to contribute as valued citizens.

Our Member Organizations:

Advocacy for Inclusion Inc. — ACT
AED Legal Centre – Vic
AMAZE - Vic
Australian Multicultural Action Network
Autism Aspergers Advocacy Australia
Brain Injury Australia
Cerebral Palsy Australia
Deafblind Australia
Disability Advocacy & Complaints Service - SA
Disability Rights & Culture – Vic
Enhanced Lifestyles – SA
Integrated disAbility Action – NT
Lived Experience Australia
National Mental Health Consumer & Carer Forum
National Union of Students - Disabilities Dept
People With Disabilities WA
Advocacy WA
Arts Access Victoria
Asperger’s Victoria
Australian Sporting Alliance for People with a Disability
Blind Citizens Australia
Bus Stop Films Ltd – Aust
Deaf Australia
Deafness Forum Australia
Disability Justice Australia
Disability Voices Tasmania
Families Australia
Leadership Plus – Vic
Multiple Sclerosis Australia
National Organisation for Fetal Alcohol Spectrum Disorder
Parkinsons Australia
Physical Disability Australia