Our advocacy

Submission · September 2026

NDIS access changes

To the Department of Health, Disability and Ageing

The rules for who can join the NDIS are changing. We support deciding access on what a person can do, and asked that the new tests work for people with mental health conditions.

In short

1
We support deciding NDIS access on what a person can do, not on their diagnosis.
2
No one should be refused for not having treatment they couldn’t afford or reach.
3
No one should be sent to another service unless it has a place for them.

What this is about

The government is changing how people qualify for the NDIS. The old lists of conditions are going. Instead, access will be decided on functional capacity, meaning what a person can do in everyday life, measured in a standard way.

From 1 January 2028, two more tests apply. A condition only counts as permanent if the person has had “all appropriate treatment”. And new applicants can be refused if another program should support them instead.

Everyone already on the NDIS will be reassessed under the new tests, over three years from 2028. The Department asked for feedback on how the changes should work.

What we said

We support the direction of the changes. Deciding access on what a person can do is fairer than deciding it on a diagnosis, and the Scheme has to be sustainable. Our concern is how the new tests will work for people with psychosocial disability, meaning disability that comes from a mental health condition.

  • Measure what a person can keep doing. One appointment can’t show whether someone can start a task without a prompt, keep going and do it again tomorrow. For many people, that is where the disability is.
  • Be fair about treatment. Medicare funds ten therapy sessions a year. People shouldn’t be refused for treatment they couldn’t get or afford, or that didn’t improve what they can do.
  • Check the other door is open. No one should be sent to another program unless it is running where they live and has a place for them.
  • Write the safeguards down. The paper doesn’t yet say who will assess, with what tools, or how to challenge a wrong result. Assessors should be qualified in the disability they assess.
  • Protect people already on the NDIS. Reassessment should start from the person’s file, with no cuts until review rights are used up, and a proper handover for anyone who loses access.

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