A Labor-led joint human rights committee has described proposed changes to Australia's National Disability Insurance Scheme (NDIS) as 'retrogressive' and out of step with a landmark independent review. The 57-page report, released on Friday, scrutinises the Albanese government's plans to overhaul the $50bn-a-year scheme, warning they could limit support for those in need.
The committee questioned the human rights implications of winding back access for more than 200,000 participants in the coming years, which could leave many without sufficient disability support. Under the proposed changes, a legal framework to determine eligibility based on 'substantially reduced functional capacity' will be introduced from 2028. Government modelling suggests this will remove about 241,000 people by mid-2031, reducing total participants to 600,000.
The report noted that while the intent of the overhaul—to ensure financial sustainability—is legitimate, it assumes mainstream support services are 'available and accessible'. 'Questions therefore arise as to whether this is the case and whether the measure would be effective to achieve the stated objective in practice,' the report said. It also found the measures did not appear aligned with the 2023 NDIS review, despite the bill citing it as justification.
The proposals include tightening the definition of permanence, requiring potential participants to exhaust all available and appropriate treatment before gaining access. The committee criticised the bill for not requiring decision-makers to consider individual circumstances, such as geography or financial situation. 'It is unclear why, when determining whether treatment is appropriate, regard is not had to a range of factors, including the affordability and accessibility of that treatment for that individual,' the report said.
NDIS Minister Mark Butler defended the plan as 'a very well-developed plan that thought carefully about the way in which we could get the NDIS back on track'. However, experts, advocates, and providers have criticised the bill, and state and territory disability ministers claim they are unprepared to offer similar support for those removed from the scheme. A Senate inquiry report is expected on Tuesday 16 June.
