National Disability Insurance Scheme Access Consultation
15 October 2026
On 1 October 2026, the Law Council provided a submission to the Department of Health, Disability and Ageing (DHDA) in response to its consultation on National Disability Insurance Scheme (NDIS) Access Changes.
From 1 January 2028, access to the NDIS will no longer rely primarily on a person’s diagnosis. Instead, following recent changes to the National Disability Insurance Scheme Act 2013 (Cth), DHDA’s intention is that eligibility for the NDIS disability requirements will be based on a standardised, evidence-based assessment of a person’s functional capacity and how this impacts their day-to-day living.
In its response, the Law Council underscored the need to consider the everyday, practical impacts for people with disability of the new test for assessing permanence of impairments and tightened eligibility requirements where alternative supports are available, and to strengthen safeguards and rights in the system.
The Law Council submitted that reforms to the NDIS access process present an opportunity to consider issues experienced by applicants under the current arrangements and to ensure the new process is designed with trauma-informed and culturally safe considerations from the beginning. Any process for determining permanence of disability and functional capacity should seek to support participation and engagement and be continually reviewed and improved, based on first-hand evidence from people with lived experience.
DHDA should also consider the impact on people who will not qualify for the NDIS under the new arrangements but will continue to require support, including what alternative supports will be available and whether they will be in place before the access reforms referred in the Consultation Paper commence. All in all, any changes to NDIS access should not occur until appropriate alternative supports are available and accessible.
Last Updated on 16/10/2026