New appeal rights for some Social and Community Participation Plan Determinations 

One of the more controversial aspects of the original Bill was the Minister’s ability to make broad support determinations that could affect funding for social and community participation supports and therapies across participant plans. 

Following strong feedback from the disability community, the amended Bill includes some additional safeguards. In certain circumstances, participants will be able to request a plan variation after a support determination has been applied to their plan. The Minister will also have the ability to exempt particular groups of participants from these determinations. 

While these review rights are relatively limited and are expected to apply mainly to participants with higher support needs, many people will see them as an important recognition that participants should have a pathway to seek reconsideration of decisions that affect their supports. 

As with many aspects of the legislation, it will take time to understand exactly how these provisions will operate in practice and who will be able to access them. 

Greater clarity around “reasonable and necessary” supports for children 

The amended Bill also provides more guidance around how “reasonable and necessary” supports should be considered for children with disability. 

The legislation states that where a child has support needs that are substantially greater than those of a child of a similar age without disability, families may seek NDIS funding to assist with those additional needs. The National Disability Insurance Agency (NDIA) will also be required to consider the potential impact on informal supports if a particular support is not funded. 

Many families are likely to welcome this additional clarity. At the same time, there are still important questions about how these provisions will be applied in everyday situations. 

For example, it remains unclear how the NDIA will assess what constitutes “substantially greater” support needs, or how it will evaluate potential harm to informal supports. Families, carers and advocates will no doubt be looking for further guidance as the changes are implemented. 

Updates to framework plans 

The amendments also introduce several technical and administrative changes linked to the rollout of the new framework plans, which are currently expected to begin from April next year. 

While these changes may not attract the same level of public attention as some of the larger reforms, they are important for how the new system will operate in practice. The amendments include implementation measures that were not previously detailed in the legislation, including provisions relating to plan management funding and other administrative arrangements. 

Changes to plan reassessments 

Another welcome change relates to plan reassessments. 

Under the earlier version of the Bill, participants seeking a reassessment would have needed to show they had experienced an unanticipated, serious and ongoing change in their personal or environmental circumstances. 

The amended Bill removes the requirement for changes to be “unanticipated”. This is a positive and practical adjustment. Life doesn’t stand still, and significant life transitions can have a major impact on the supports a person needs. 

For example, moving from primary school to high school, transitioning out of school, or experiencing changes in living arrangements are all foreseeable events that can still create new support needs. 

There are still some unanswered questions, particularly around temporary changes in circumstances. For example, it remains to be seen how situations will be handled where an informal support person becomes temporarily unavailable due to illness or hospitalisation. 

As implementation progresses, we hope to see further guidance that provides participants and families with greater certainty. 

Grandfathering arrangements for existing participants 

The amendments also make important changes for people who are already accessing the NDIS. 

Under the revised legislation, existing participants will no longer be required to demonstrate that they have exhausted all alternative support options before remaining eligible for the Scheme. Instead, this requirement will only apply to people applying to enter the NDIS from 1 January 2028 onwards. 

For many current participants and their families, this change may provide some reassurance about their ongoing connection to the Scheme. 

It is not yet clear how these arrangements may interact with future programs, including the proposed Thriving Kids Program, and this is an area many families will be watching closely. 

New offences and civil penalties 

The amended Bill also introduces a few new offences and civil penalties that may apply to participants, plan nominees and others involved in the Scheme. 

These include: 

• Providing false or misleading information to the NDIA or the NDIS Quality and Safeguards Commission. 

• Obtaining NDIS funds through deception, including impersonation. 

• Intentionally destroying records. 

• Misusing a position as a nominee. 

The Government has said these measures are intended to strengthen safeguards and support the integrity of the NDIS, helping to ensure Scheme funding is used appropriately and reaches the people who need it. 

Changes to debt recovery processes 

The amended Bill includes additional protections around debt recovery processes. 

Before raising a debt, the NDIA will now be required to notify participants, plan nominees or providers and give them an opportunity to respond. Participants and plan nominees will have 28 days to respond to a notice, while providers will have 14 days. 

The threshold for debt waivers has also increased from $200 to $500. 

These changes are intended to provide greater transparency and ensure people have an opportunity to respond before debts are formally raised. 

What happens next? 

For many people, the passing of the Bill may bring a mix of emotions, including relief, uncertainty and ongoing concern about what these reforms will mean for participants, families and the broader disability community. 

While the legislation has now passed Parliament, many of the practical impacts won’t become clear until the changes begin rolling out and supporting rules and guidance are released. As with any significant reform to the NDIS, there will likely be a period of adjustment as participants, families, providers and advocates work to understand how the new arrangements will operate. 

It’s also important to remember that many of the amendments won’t take effect immediately. Some changes are expected to be introduced gradually, with certain provisions not scheduled to commence until 2027 or 2028. 

We’ll continue to follow developments closely and share clear, practical updates as more information becomes available. Our goal is to help participants, families and supporters understand what these changes mean and feel informed about the road ahead. 

If you or someone you care about is feeling concerned or distressed about changes to the NDIS, support is available. Organisations such as Lifeline (13 11 44) and Beyond Blue (1300 22 4636) provide free, confidential support services 24 hours a day.