Concerns about Functional Capacity Assessment and Participant Choice

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Personal Submission to the Senate Community Affairs Legislation Committee

NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026 Submitted by: Lisa Gray Date: 31 May 2026 Contact:

Introduction

l am a parent and full-time carer for my adult son, Cameron Gray, an NDIS participant. I support the goal of ensuring the Scheme’s sustainability, but I am deeply concerned that the proposed Bill risks undermining the rights, safety, and wellbeing of people with disability and their families.

1. Lack of Detail and Transparency

The Bill introduces major structural reforms affecting access, reassessment, planning, regulation, compliance, and review rights. Many operational details are deferred to future Rules and guidelines that have not been released.

Without these details, participants and carers cannot meaningfully assess the impact. Reform of this scale demands careful implementation, meaningful consultation, and clear safeguards.

2. Concerns About the Functional Capacity Assessment

The proposed assessment tool has not been produced, tested, or validated. It may be administered by individuals with minimal training, risking inaccurate outcomes— especially for people with complex, invisible, or fluctuating disabilities. Eligibility decisions must be made by qualified professionals, not automated systems.

3. Risks of Excluding People with Genuine Need

Narrowing access or shifting responsibility to other systems will leave many people unsupported and increase pressure on hospitals, schools, and community services. Sustainability should be achieved through efficiency and integrity—not exclusion.

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

Submission 2777

4. Need for Genuine Co-Design and Consultation

The disability community must be involved from the outset. Rushed timelines and limited transparency have created anxiety and distrust.

Reform must be collaborative, transparent, and evidence-based.

5. Safeguards Against Automated Decision-Making

Automation should never replace human judgement. The Robodebt experience shows the harm caused when technology lacks oversight.

Any automated process must include transparency, human review, and accessible appeal rights.

6. Protecting Participant Choice and Control

Centralising plan management and restricting provider registration will reduce flexibility and push out small, high-quality providers.

Choice and controlare core principles of the NDIS and must be preserved.

Conclusion

the NDIS has transformed lives, including my son’s. It must remain a system that empowers people with disability—not one that limits access or reduces supports under the guise of sustainability.

I urge the Committee to ensure reforms are co-designed, transparent, and focused on improving outcomes for participants.

Recommendations

Publish all draft Rules and guidelines before passage of the Bill. Ensure assessments are conducted by qualified professionals, not automated systems. Retain participant choice and control in plan management and provider selection. guarantee accessible appeal and review rights.

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

Submission 2777

Implement reforms gradually, with genuine consultation and independent evaluation.