Executive summary
National Legal Aid (NLA) welcomes the opportunity to contribute to the Department of Health Disability and Ageing (DHDA, the Department) consultation on New Framework Planning Rules and National Disability Insurance Scheme (NDIS) Supports Transitional Rules.
NLA’s submission builds on our earlier submissions and recommendations to the Department on NDIS New Framework Planning in March 2026 and to the Senate Community Affairs Legislation Committee on the amendments to the NDIS legislation, in June 2026.
New Framework Planning
NLA is concerned that key aspects of the proposed framework remain unclear, including how support needs assessments (SNA) will accommodate participants’ communication, cultural, disability and trauma-related needs; how evidence will be weighed; how budgets will be calculated; and what qualifications assessors will require.
Participants should be able to provide relevant evidence, review and correct draft assessment reports, understand the reasons for assessment and funding decisions, and obtain replacement assessments where material errors, procedural failures or significant changes arise. The National Disability Insurance Agency (NDIA) should also meet the cost of reports required to access targeted assessments so that participants are not disadvantaged by their financial circumstances.
The plan variation and reassessment rules should embed procedural fairness, participant choice and control, and a least restrictive approach. They should enable the NDIA to respond proactively to risk, crisis and changing circumstances, and preserve continuity of essential supports while reassessments, internal reviews or Administrative Review Tribunal proceedings are underway. Draft rules should be published for further consultation before the framework is finalised.
NDIS Supports
Clarity is critical for participants seeking to understand what expenses they can incur under their plan. This is the case for accessing supports under both old and new framework plans. Every effort should be made to provide certainty around expenditure so participants have confidence around their decision making, can access supports efficiently and ensure they do not incur debts. This is critical for both the sustainability of the NDIS, and the wellbeing of participants.
NLA broadly supports measures that simplify and consolidate NDIS support categories, but we are concerned that some proposed changes may unintentionally narrow existing supports or create uncertainty for participants. The rules should preserve necessary disability-related supports, and key focus for our recommendations is to address areas where there may be confusion or a lack of clarity.
Summary of recommendations
NLA makes 25 specific recommendations for development of and further refinement of rules for New Framework Planning and NDIS Supports processes.
Further consultation on the draft rules and supporting detail will be essential to ensure the reforms do not unintentionally undermine participant choice, control and safety.
NLA welcomes the opportunity to continue working with the Department and the disability community to ensure the reforms deliver fair outcomes for NDIS participants.
Recommendations: Consultation
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That DHDA publish draft rules for further consultation with the disability community, state and territory governments, and other stakeholders before the rules are finalised.
Recommendations: Support needs assessment rules
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Provide further explanation of how the SNA process will be accessible.
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Unless the proposed assessment tool can be validated for use with diverse participants, continue to assess support needs as usual.
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The SNA process should enable and support participants to provide information in a way that is not burdensome.
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The cost of preliminary reports be paid for by the NDIA.
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Assessors be required to explain how information has been considered in assessments of NDIS Supports.
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Set rules for required qualifications for NDIS assessors.
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Provide clear timeframes for the SNA process.
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Clarify interaction of the SNA with impairment notices.
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Provide participants with notice of the content of a draft assessment report, with opportunity to correct errors or supply further information.
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Improve the template SNA report with an accessible summary, risks of unmet needs, and explanation of why evidence has not been accepted or what additional evidence is required.
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That the SNA Rules provide for circumstances where a participant be entitled to request a replacement assessment.
Recommendations: Budget method rules
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Provide further information about the criteria and methodology for determining participants’ budgets.
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Include detail in participant plans about the budget methodology and list the supports that participant can access.
Recommendations: Plan variation and reassessment rules
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That the rules promote participant choice and control and are consistent with the principles and objectives set out in sections 4 and 5 of the NDIS Act, adopt a least restrictive approach, and require decision makers to give effect to a participant’s stated preferences where reasonably practicable.
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That key concepts, eligibility requirements and decision-making considerations within the rules provide sufficient clarity and flexibility to minimise uncertainty, support consistent decision making, and respond to the diverse circumstances of NDIS participants.
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Ensure procedural fairness such that participants are notified and have opportunity to respond in circumstances where the CEO has explicit ability to make an adverse or different decision than they are required to under the Act.
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Permit participants to authorise a trusted person or professional to lodge variation and reassessment requests on their behalf.
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For CEO-initiated variations and reassessments, include rules that require the CEO to act proactively in the interests of participants.
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The new rules should not adopt the current rules drafting regarding crisis and emergency funding which requires a “significant change”.
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That the rules for minor variations should be clarified and allow greater flexibility.
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That the rules ensure variations are available in circumstances where updated information is provided.
Recommendations: NDIS Supports
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Clarify the proposed exclusions of NDIS supports, including facilitating standard items where they are required to address the functional impact of disability; not excluding noise-cancelling headphones; and confirm that non-standard fencing and gates can be a NDIS support.
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Address the transitional impacts of the removal of replacement supports; and retain inclusion of tablets, smart phones, smart watches and apps for accessibility and communication as stated supports.
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Revise the proposed support categories and items to ensure supports are adequately covered; in the categories for assistance animals, assistive technology, behaviour support, disability-related health supports, early intervention supports for early child, and in-home and community supports, medium-term accommodation, private vehicle transport, and therapy support.
