Joint Statement: NDIS Support Decisions Must Be Clear, Fair and Inclusive

PWDA joined Disability Representative Organisations (DROs) to use our collective voice advocating for improvements to the basis for determining what supports are funded under the NDIS

Thursday 7 August

The Department of Social Services held consultations on the ‘NDIS Supports rules’ – the rule under section 10 of the NDIS Act about what types of supports and services NDIS funding can be used for. 

DROs responded to the consultation on the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 (Cth) (‘Transitional Rules’) with a joint submission in August 2024. The Transitional Rules took effect on 3 October 2024, with participants only able to use their NDIS funds for supports according to three lists: 

• Supports that are ‘NDIS supports’ 
• Supports that are not ‘NDIS supports’ 
• ‘Replacement supports’ – Supports that are not NDIS supports that may be considered replacement supports. 

This submission was developed through a collaborative process and draws on key case examples illustrating the impact on diverse communities. The “nothing about us without us” principle, central to the disability rights movement, underlines the importance of lived experience expertise to address current challenges and create responsive, effective, and fit-for-purpose supports and systems.  

Key recommendations in the joint submission include: 

• Improving clarity and consistency in NDIS Supports decisions: The NDIS Supports lists should incorporate guiding principles to support fair and consistent decision-making. We recommend combining existing ‘in’ and ‘out’ lists into a single, principles-based ‘in’ list with clearly defined carve-outs. A single, but not exhaustive, list of what people can spend their NDIS Plans on would offer great clarity and support better decision-making for people with disability.
• Strengthening intersectional inclusion in NDIS Support Rules: The NDIS Support Rules must reflect the diverse lived experiences of people with disability, including those with co-occurring conditions, intersecting identities and experiences of marginalisation. Support must be accessible, flexible, culturally appropriate, and responsive to individual needs.   
• Extending transition timeframes to support meaningful codesign: The current pace of change to NDIS Supports lists risks, leaving participants, advocates, and providers without time to adapt. Extending the transition period would support genuine co-design, ensure alignment with other major reforms, and help meet the needs of specific communities. 

Organisations Supporting:

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