17 August 2026

Every Australian Counts is calling on the Government to pause the NDIS Amendment Bill after legal advice raised serious concerns that a key participant safeguard may not work as Government has suggested.

EAC recently asked Government a simple question:

If a participant’s support needs have not changed, but a Scheme-wide Support Determination, funding cap or other restriction reduces the support available to them, what legal mechanism ensures essential support can be restored before they are placed at risk?

During discussions with Minister for the NDIS Senator Jenny McAllister, EAC understood the Government’s position to be that affected participants could seek a plan variation or reassessment.

Legal advice obtained by EAC raises serious concerns about whether that provides an adequate safeguard.

The advice indicates that a Support Determination itself is not reviewable and that relevant crisis or emergency variation provisions require a “significant change to the participant’s support needs.”

But a participant harmed by a Scheme-wide funding restriction may have experienced no change in their support needs at all.

Their needs have not changed. The funding available to meet those needs has.

EAC Independent Chair Dr George Taleporos said Parliament should not ignore the gap.

“This is about what happens when as a result of this dangerous Bill, a person no longer has enough support to remain safe.”

“We were told people could seek a plan variation. The legal advice we have received raises serious questions about whether that safeguard actually works when the participant’s needs have not changed.”

“If Government has got something as fundamental as the participant safety pathway wrong, Parliament has to ask what else in this complex legislation has not been properly tested.”

EAC has asked Government to either identify the precise statutory protection available or amend the legislation to create an express safeguard where a Support Determination, funding cap or other Scheme-wide restriction creates a risk to a participant’s safety, health or functional capacity.

Dr Taleporos said the issue reinforced the need to pause the Bill.

“You cannot give Government significant new powers to restrict funding across the Scheme without a clear, timely and enforceable mechanism to protect people when those decisions put them at risk.”

“This is exactly why people with disability have been saying: slow down, listen and get the reforms right.”

“We support reform that strengthens the NDIS and secures its future. But sustainability cannot come at the expense of participant safety and fundamental rights.”

“Pause the Bill. Fix the safeguards. Work with people with disability. Then bring legislation back to Parliament that people can have confidence in.”

Stop the cuts.

Fix the System.

Protect our NDIS.

ENDS

Media contact:
Dr George Taleporos
Every Australian Counts Independent Chair
Text Campaign for contact: 0402 842 040