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

Senator McALLISTER (New South Wales—Minister for the National Disability Insurance Scheme) (18:35): Thank you, Senator Pocock. You're being very courteous in seeking not to, as you describe it, waste the Senate's time, but I'm very happy to answer questions, and I think the Senate has time for your questions, so I don't think you need to worry so much. On the question around reassessments, the short answer is no.

The gentleman in question will need to be reassessed. He will need to demonstrate that he meets the test set out as substantially reduced functional capacity and that it is permanent as described in the act, but the age related criteria will not be a feature of that assessment. All other things being equal, age would not be a matter that would be considered in that reassessment.

It's difficult for me to speak about the other elements of the assessment, obviously, not knowing the gentleman in question. In terms of the use of automation within the scheme, this is an important issue. For the first time, the bill introduces a series of protections and guardrails about the way that automation could be used in the NDIS.

We are acutely aware of the failures of robodebt, and we do not intend to repeat the mistakes of past governments. In fact, the safeguards that are in the bill are designed to make it very transparent when automation is being deployed in the scheme and also to put in place a set of criteria that make it obvious how automation is being used in the scheme. The bill does not allow a computer system to take any subjective action.

Any evaluative administrative action must be taken in accordance with a standard operating procedure instrument, a SOPI. That instrument sets out the rules that a computer program must follow when undertaking an evaluative administrative action, and an evaluative administrative action can only be taken in circumstances where clear and objective criteria can be applied.

If the circumstances are not objective enough to be assessed by a computer program, the bill requires that the action be taken by a human decision-maker. When making this standard operating procedure instrument, the CEO must be satisfied that this reflects how the CEO would make the decision and that the action is consistent with the NDIS Act and rules. Further, administrative action can only be taken under designated provisions.

There are a limited number of provisions that are designated in the bill that's presently before the Senate. Any new designated provisions, any expansion of that power, would need to be specified by the minister in a disallowable instrument, and so, in specifying new provisions that involve evaluative action, the minister must additionally be satisfied that it is appropriate to do so.