National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

Senator DAVID POCOCK (Australian Capital Territory—Independent ACT Whip) (18:33): Thank you. Minister. I have two further questions.

I might just ask them both, given how across things you are, and then you could respond to both rather than chewing up the time of the Senate. The first one is on reassessments. I'm trying to understand whether a person who turns 65 over the next five years and who will be reassessed against the new eligibility criteria will be removed from the NDIS.

A quick case study to flesh it out a little bit: I've got a constituent, a Canberran, whose father is 63. The father, unfortunately, lives with severe early onset dementia. He lives in SIL with two others and requires significant help with activities of daily living.

Over the next couple of years, this man will obviously turn 65. If he is reassessed under the new eligibility criteria in that time, will he be exited from the NDIS or will he continue on the NDIS if he meets the new definition of reduced functional capacity? The second question, Minister, was on automated decision-making.

I understand the perspectives that this strengthens the safeguards around ADM by virtue of adding safeguards, but, reflecting on the evidence tendered by the Human Technology Institute in both the submission and then the evidence under questioning—who were very compelling and described this as unprecedented in Australian law—I'm interested in why the government is doing this, given you are yet to implement recommendation 17.1 and 17.2 of the robodebt royal commission which go exactly to this.

We saw the Senate today sent a very clear message on the use of ADM in aged care, raising more concerns about the IAT.