19/08/2026
NDIS REFORM: WHAT ACTUALLY PASSED?
There is a lot of information and misinformation circulating about the NDIS reform legislation that has just passed Parliament.
I’ve spent some time going back to the actual legislation and the final amendments because I think participants deserve to know what the law actually says, as the information is inconsistent.
So, here are some of the important facts.
Firstly: this is a significant reform.
It changes the NDIS Act in relation to eligibility, planning, funding, reassessments, supports, provider obligations, fraud and the administration of the Scheme.
It is not simply an anti-fraud bill.
However, it is also important to understand that not every change happens immediately.
What is NOT happening tomorrow?
Current NDIS access and planning arrangements remain in place while the reforms are progressively implemented.
There are no changes to NDIS access until 1 January 2028.
The NDIA has stated that participants will be communicated with before changes affect them.
So what DOES the legislation do?
Some of the major changes include:
Changes to NDIS access and the way permanence and functional capacity are considered, with the new access arrangements commencing from 2028.
A new framework for planning and support needs assessments, which will progressively be introduced.
New powers relating to support determinations, including the ability to set or change funding for particular categories of supports.
Changes to reasonable and necessary decisions, including consideration of NDIS sustainability and equity between participants.
Stronger rules around fraud, misleading information and misuse of NDIS funds.
New offences and significant penalties for serious misconduct, including deception, impersonation and certain forms of provider misconduct.
New rules around kickbacks and inducements intended to influence a participant’s choice or use of a provider.
Stronger protections for whistleblowers.
Changes to plan reassessments and when participants can request an unscheduled reassessment.
Changes to how debts and records are handled, including new notice and response periods.
Changes to plan management arrangements.
Additional safeguards for people who require continuous 24-hour disability-related support.
And one VERY important point:
The legislation does not mean that every participant will automatically receive less funding.
It creates new powers and frameworks that will allow funding and planning arrangements to change.
How those powers are implemented will matter enormously.
Some of the most important details will also sit in future rules, determinations and implementation arrangements.
That means we now need to distinguish between:
what the Act says,
what the Government intends to do,
and
what has actually been implemented.
The government has released a timeline of the implementation of the bill, find it here:
https://www.health.gov.au/resources/publications/securing-the-ndis-for-future-generations-timeline-0?language=en
This timeline outlines the key dates for implementing the Government’s plan to secure the future of the NDIS. This includes when legislation will be introduced, when consultation will occur and when changes for participants and providers will begin.