Consultation on National Disability Insurance Scheme New Framework Planning and Support
29 October 2026
On 15 October 2026, the Law Council provided a submission to the Department of Health, Disability and Ageing (DHDA) in response to its consultation on National Disability Insurance Scheme (NDIS) New Framework Planning and Supports.
DHDA has identified that a key objective of new framework planning is to move towards allocating budgets that are “person centred” rather than deciding funding based on the costs of individual supports. This approach is intended to improve the NDIS for participants by providing greater flexibility and enabling participants to exercise more choice and control over how they use their funding to meet their goals and needs.
The Law Council submitted that a primary consideration for all NDIS consultations is the need for greater transparency regarding support needs assessments, targeted assessments, impairment notices, budget calculations, review rights and participant safeguards. Participants cannot effectively exercise review rights or understand decision-making processes unless the assessment methodology, evidentiary requirements and budget framework are publicly available. Assessments and budget calculation frameworks should ensure the framework remains transparent, accountable, accessible and procedurally fair. Further, the new framework should preserve flexibility and provide clarity, participant choice and timely pathways for addressing underfunded plans, urgent support needs and complex disability-related circumstances. In general, people with disability should be trusted to know what supports they need and how to utilise their budgets to best meet those needs.
In relation to NDIS supports, the Law Council submitted that NDIS Supports Transitional Rules currently lack sufficient clarity and have been subject to varying interpretations as to whether specific items are captured or not. Legal practitioners highlighted the need for further guidance on a range of topics, including the relationship between disability support needs and supervision under the criminal justice system, the role of disability advocates, the treatment of gap payments, specific issues relating to supports for children, how the system will deal with participants with psychosocial, cognitive and intellectual disabilities, and review rights.
Finally, the Law Council addressed how best to support specific cohorts of NDIS participants including those involved in the justice system, children and participants with cognitive or intellectual disabilities.
Last Updated on 28/10/2026