If it feels like there’s been a lot of talk about the NDIS lately, you’re not imagining it.
The federal government is proposing some of the biggest changes to the Scheme since it began, and while the legislation continues to make its way through Parliament, people with disability, families and organisations still have an opportunity to help shape what happens next.
Public submissions to the Senate inquiry are open until 10 July, so there’s still time to have your say on what these changes could mean for the future of the NDIS.
If you haven't made a submission yet, you can do so via the government’s website. And if you need a bit of background, here’s where things are up to.
Why is the government making changes to the NDIS?
The NDIS now costs more than $50 billion a year, and the government says spending is growing too quickly.
Its goal is to slow that growth while making sure the Scheme remains sustainable for current and future participants.
However, many people in the disability community have heavily criticised the proposed changes, raising concerns about how it could affect access to supports and participant choice.
What’s been happening?
Before the Bill can become law, it’s being examined by a Senate inquiry.
In just over a fortnight, the inquiry received more than 4,000 submissions from participants, families, disability organisations, providers and advocates.
Over three days of public hearings, senators heard evidence about what the proposed changes could mean for people with disability, including concerns about community participation funding, access to supports and the reliance and impact on families and unpaid carers.
The committee’s report has already been delayed three times to allow senators more time to consider the evidence.
The report is now scheduled to be released on 14 August, following an agreement between Labor and the Greens to extend the inquiry period in exchange for the Greens’ support on tax reform.
The extra time has been welcomed by the disability community, which have been calling for greater consultation before the legislation progresses.
The government, however, says the reforms are still needed.
“But the government remains convinced that this is absolutely the right package for the NDIS itself and most importantly for participants now and into the future,” NDIS Minister, Mark Butler said.
What changed last week?
Last Thursday, the House of Representatives agreed to 30 amendments to the NDIS Bill – 18 put forward by the government and 12 from the crossbench. Now, this updated version of the Bill is on its way to the Senate. The Senate will have the opportunity to pass it as is, make further changes, or decide not to pass it.
Key changes include:
- Funding protections: The Minister’s power to make broad funding cuts has narrowed. Funding for supports like daily living, transport, consumables, assistive technology and home modifications cannot be targeted for reductions.
- Protections across ‘appropriate treatment’: Stronger protections that prevent restrictive practices involving seclusion or chemical, mechanical, physical or environmental restraint from being classified as "appropriate treatment" when assessing whether someone’s disability is permanent.
- Greater transparency: The NDIA must publish proposed procedures for automated decisions before they are made, and the reforms will be subject to independent review. The Minister must also receive and publish independent advice, and consult participants and providers, before making certain pricing decisions.
- Plan suspension safeguards: The NDIA cannot suspend a participant’s plan or revoke their participant status without making repeated, accessible contact attempts over several months, including using preferred communication methods.
- Clarification on ‘permanence test’: It’s now clearer that participants aren't required to undergo additional treatment after they have already completed all appropriate treatment.
- Plan management rules: A registered plan management provider may only provide plan management supports. A related party may provide other NDIS supports, provided any conflicts of interest are managed under the provider’s agreement with the NDIA.
These amendments aim to address concerns raised during the Senate inquiry, though the Bill still requires Senate approval to become law.
What happens next?
Once the Senate inquiry publishes its final report on 14 August, further amendments may still be proposed by the Government or other senators.
The Bill still needs to pass the Senate before it can become law. As the Government doesn’t hold a majority in the Senate, it will need support from other senators for the Bill to pass.
In the meantime, submissions remain open until 10 July, giving people with disability, families and organisations more opportunity to have their say before the inquiry releases its report.
