Deafness Forum Australia’s NDIS Bill Explainer

The proposed changes to the National Disability Insurance Scheme (NDIS) have generated a great deal of discussion across the disability community. With legislation still making its way through Parliament and many of the practical details yet to be determined, it can be difficult to separate confirmed information from speculation.

To help our readers better understand what has been proposed, Deafness Forum Australia has developed this plain English explainer. Rather than interpreting what might happen, we’ve focused on what is currently known, where uncertainty remains, and the questions we’re hearing most often from people who are D/deaf, hard of hearing, or supporting someone who relies on the NDIS.

As the Bill progresses and more information becomes available, we’ll continue to update our community with accurate, evidence-based information. For now, we hope this guide provides a clearer understanding of where things stand today.

What is the NDIS Bill?

The NDIS Bill is a legislative document containing proposed changes to the current NDIS Act.

If the Federal Government passes the NDIS Bill, those changes will be absorbed into the NDIS Act and become law.

What needs to happen for the Bill to be made law?

The Bill needs to be passed by both the House of Representatives and the Senate before it can receive Royal Assent and become law.

It’s currently sitting with the House of Representatives, being reviewed by the Senate Community Affairs Legislation Committee. After this review, the final version of the Bill will be referred to the Senate, where it will be debated again.

When will the Bill become law?

We don’t know at this stage.

The deadline for the Community Affairs Legislative Committee’s final report is August 14. After that, there’s no way to predict how quickly the Bill will then progress through the remaining steps to become law.

When the Bill becomes law, the government plans to introduce the various changes at different times. Some changes will apply immediately while other changes aren’t scheduled to be introduced until 2027 and 2028.

Why does this Bill matter to me?

The NDIS Bill contains changes that affect the operation of the NDIS.

These changes will affect the types of supports people can access and the levels of funding they can expect. The changes could also impact existing NDIS participants’ ongoing eligibility for the Scheme, or whether people with certain types of disability or levels of functional capacity can access the Scheme in the future.

Why is there so much uncertainty about the changes?

There are two main reasons for uncertainty about the changes across the disability sector.

The first is that the Bill hasn’t passed yet, and there have already been some changes from what was in the original version of the Bill. There will likely be more changes before it becomes law.

The second reason is that the Bill doesn’t go into any real level of detail on how the Government will practically apply the changes. While this is not ideal, it’s not unusual when new laws are drafted; the specifics usually come later in the form of new rules that are drafted separately.

What changes in the Bill will likely impact me?

Key changes that are likely to impact participants who are D/deaf or have hearing loss under the Bill as of today include:

• NDIS participants will need to be able to demonstrate that they have substantially reduced functional impairment that is permanent and unable to be treated via alternative supports outside the NDIS;
• Participants will need to demonstrate significant and ongoing changes in their support needs to be eligible for a plan reassessment;
• Participants will need to show a direct link between their disability and the supports they are seeking;
• The NDIS CEO will be able to reduce funding for a particular group of supports across many plans at once, to “ensure the financial sustainability of the scheme”;
• Many plans will be automatically renewed at the end of the plan, rather than being subject to a full review;
• The definition of functional capacity will change to being based on an individual’s ability to do an activity independently, without help from people, equipment or modifications. Personal and environmental circumstances will no longer be considered.

My NDIS plan has been the same for a long time. Will I be affected by the changes?

One thing we do know about the Bill so far is that it will introduce changes that allow the NDIS to transfer long-term participants over onto the New NDIS Planning Framework.

This could then trigger reassessment under the new support needs assessment tool, which in turn could affect participants’ eligibility, supports and funding.

While we won’t know for certain until we see how the Government applies the laws, participants who are used to having their plans roll over should not rely on this being the case moving forward if the Bill is passed.

Will participants with hearing loss or D/deafness be removed from the Scheme?

We haven’t heard anything specific about participants who are D/deaf or have hearing loss at this stage, but we know the Government will need to remove current participants from the Scheme to achieve the targets it’s set for overall scheme costs.

NDIS data currently categorises participants who are D/deaf or have hearing loss as ‘high functioning’, and we expect the new changes will tighten the definition of what can be classified as a permanent and significant impairment. We know that there will be an increased expectation that people will seek supports outside the NDIS , for example, through the Hearing Services Program.

Where do I get reliable information about changes to the NDIS?

There is a lot of information (and misinformation) online and across media about the Bill and its proposed changes, and things are moving fast.

It can be hard to know what information is current and reliable.

Deafness Forum Australia is committed to providing information across our communication channels (Facebook, Instagram, LinkedIn, One in Five and the DFA website), which is fact-checked and up to date.

Every Australian Counts Campaign has an excellent plain English explainer about the NDIS Bill, which you can access here.

Other sources for high quality, expert information about the changes include information include the Justice and Equity Centre, the Australian Human Rights Commission and DSC.

What is Deafness Forum Australia doing to advocate for me?

Deafness Forum Australia is part of the ‘Every Australian Counts Campaign’ (EAC) and has been supporting its campaign efforts to safeguard the NDIS.

We’re working with other Disability Representative and Carer Organisations to ensure that the interests of people with disability, including most importantly, those who are D/deaf or have hearing loss, are heard across Government.

We provided a formal submission to the Government’s inquiry into the Bill, which you can read on our website, and have been consistently flagging our concerns with senior representatives of both the NDIA and the Department of Health, Disability and Ageing.

We’re also trying to learn as much as we possibly can about the changes, so we can keep you informed and up to date.

What if I want to share my own views about the changes?

There are several things you can do to let decision-makers know you are concerned about the changes. These include:

• Sharing your story with Deafness Forum Australia and the EAC Campaign
• Contacting your local MP
• Writing to the Minister
• Spreading the word to your family, friends and the broader community
• Supporting and amplifying EAC campaign actions.

There is a fillable template you can customise on the EAC website to send an email directly to all relevant senators. There is also a range of EAC campaign materials pre-prepared which you can share across social media.

If you want to share your thoughts with us, you can contact Deafness Forum Australia’s Policy Director, Hayley, directly at hayley.stone@deafnessforum.org.au.

What if I need support?

It’s understandable if you are feeling stressed and anxious about the changes and what they may mean for you or those you support.

We encourage you to look after your mental health and wellbeing, and seek support from your family, friends, and community if you need it.

The following organisations can also provide free and accessible support 24/7:

• Beyond Blue – 24/7 Support for Anxiety, Depression and Suicide Prevention. – Beyond Blue
• Lifeline – Home | Lifeline

The proposed NDIS reforms are still evolving, and there are important stages of the parliamentary process still to come before any changes become law. Even then, many of the practical details will only become clear as new rules are developed and implemented.

Deafness Forum Australia will continue to monitor the progress of the Bill, advocate on behalf of people who are D/deaf or have hearing loss and provide timely updates as new information becomes available. We encourage members of our community to stay informed through our communication channels and to reach out if you have questions or concerns about what the proposed changes may mean for you.