Key facts
- A joint human rights committee report found proposed NDIS changes to be "retrogressive".
- The changes may limit access for over 200,000 participants by mid-2031.
- The committee questioned the assumption that mainstream support services are adequately available.
- The proposed measures do not appear to align with the 2023 NDIS review.
- A new legal framework for NDIS access based on 'substantially reduced functional capacity' is planned for 2028.
- The NDIS minister stated the changes aim to ensure the scheme's long-term sustainability.
A Labor-led parliamentary committee has raised concerns that proposed changes to Australia's National Disability Insurance Scheme (NDIS) are "retrogressive" and inconsistent with an independent review aimed at improving the $50 billion-a-year program.
The committee's 57-page report, released on Friday, examined the human rights implications of the proposed legislation, which could lead to over 200,000 participants losing access to the scheme in the coming years. The report argues that these measures may violate Australia's obligations under international human rights law, specifically the duty to avoid "retrogressive measures" or backward steps in disability support.
The proposed changes, slated for introduction in 2028, aim to establish a legal framework for NDIS access based on "substantially reduced functional capacity." The government's own modeling suggests this could remove approximately 241,000 people from the scheme by mid-2031, reducing the total participant count to 600,000. While the committee acknowledged the government's objective of ensuring long-term financial sustainability, it questioned the effectiveness of this approach without guaranteed availability and accessibility of mainstream support services.
Furthermore, the committee found that the proposed overhaul does not appear to align with the findings of the 2023 NDIS review, despite the government citing it as justification. The bill also proposes tightening the definition of "permanence" by requiring potential participants to exhaust all treatment options before NDIS access, without explicitly considering individual circumstances like affordability or accessibility of such treatments.
These concerns echo criticisms from various experts, advocates, and providers who have also voiced opposition to the bill. State and territory disability ministers have also indicated they may not be prepared to absorb the thousands of individuals removed from the NDIS. NDIS Minister Mark Butler, however, defended the plan as well-developed and focused on securing the NDIS for the future while keeping people with disabilities at its center. A separate Senate inquiry is also reviewing the bill, with its report expected on June 16.