Executive Summary
National Legal Aid (NLA) welcomes the opportunity to respond to the Department of Health Disability and Ageing (the Department)’s consultation paper on the design of changes to the National Disability Insurance Scheme (NDIS) access process.
NLA represents Australia’s eight Legal Aid Commissions and is the largest provider of legal assistance to people with disability, including through the NDIS Appeals Program.
As NLA previously advised the Senate Community Affairs Legislation Committee in our submission on the NDIS Amendment (Securing the NDIS for Future Generations) Bill 2026, NDIS reforms should strengthen fairness, transparency and accountability, and must not diminish access to supports or review rights. Reforms must not create new barriers for people with disability who already face significant disadvantage.
Access to the NDIS is often a life-changing decision. People must have clear information about why decisions are made, what evidence was relied upon, and how decisions can be reviewed.
NLA's experience in the NDIS Appeals Program demonstrates that complex eligibility assessments and evidentiary requirements frequently require independent advocacy and legal assistance to ensure fair outcomes. With the substantial reforms to the NDIS, we are concerned that appeals in the Administrative Review Tribunal (ART) will further increase. In 2025-26, of the 1,806 NDIS access matters finalised in the tribunal, over half (55%) of the decisions under review were changed; indicating the critical role of independent review to ensure fair access to the scheme.
NLA’s responses to the consultation questions are provided in our submission. We look forward to the opportunity to also contribute to the further engagements planned by the Department on the design of eligibility thresholds, transition arrangements and implementation processes.