Consultation on National Disability Insurance Scheme Access Changes
Submission Date: 1 October 2026
The Law Council of Australia provided a submission to the Department of Health, Disability and Ageing (DHDA) on its consultation on changes relating to access to the National Disability Insurance Scheme (NDIS).
From 1 January 2028, access to the NDIS will no longer rely primarily on a person’s diagnosis. Instead, 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. These changes are provided for by the NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026, which amended the National Disability Insurance Scheme Act 2013.
In its recent advocacy, the Law Council has 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.1
Changes to NDIS access requirements can have a profound impact on people’s lives by determining whether they can obtain the supports they need to participate in education, employment and community life. Such changes should seek to maximise participation and engagement, promote flexibility and remove barriers to obtaining access to support, rather than create additional procedural hurdles for people who may already be experiencing the cumulative impacts of disability, trauma and social disadvantage. They must also reflect the legislative framework and be publicly accessible and transparent, including through the publication of clear guidance for applicants.
The reforms to the 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 be continually reviewed and improved, based on evidence obtained from people with lived experience.
The 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. Without adequately funded and accessible Foundational Supports, there is a risk that people with disability will be left without the support they need or will simply be shifted to other already overstretched systems. Any changes to NDIS access should not occur until appropriate alternative supports are available and accessible.
DHDA has issued a Consultation Paper on access changes, which lists six questions for consideration.2 This submission responds to each in turn.
1 Law Council of Australia, Submission no 1731 to Community Affairs Legislation Committee, Inquiry into National Disability Insurance Scheme Amendment (Safeguarding the NDIS for Future Generations) Bill 2026 (10 June 2026)
<https://lawcouncil.au/publicassets/255be91a-ad75-f111-94c8-005056acd090/4864%20-%20S%20-%20Securing%20the%20NDIS%20for%20Future%20Generations%20Bill.pdf>; National Legal Aid et al, “Joint Statement: NDIS Reforms Risk Real Harm Without Proper Consultation” (Media release, 2 June 2026), <https://nationallegalaid.org.au/news/joint-statement-ndis-reforms-risk>.
2 Department of Health, Disability and Ageing, “Consultation on NDIS Access Changes” (Consultation Paper, August 2026), 7-8
<https://consultations.health.gov.au/disability-and-carers-group/ndis-access-changes-consultation/user_uploads/public-consultation-paper---ndis-access-changes---pdf-2.pdf>.
Last Updated on 08/10/2026
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