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) (18:42): Before I address this question, I'm not sure whether I spoke correctly earlier and I just want to clarify in case I made a mistake. In specifying new provisions where automation could be applied, the minister will be required to develop a disallowable instrument.

A SOPI is not a disallowable instrument; it's a notifiable instrument—so it will be able to be inspected but not disallowed. The expansion of automation to a different area of decision-making within the act would be a disallowable instrument. I just wanted to clarify that for the Senate because I'm not sure I spoke correctly earlier.

This bill makes it clear that the CEO always has the power to override decisions that are taken. It requires the agency to notify a person that an administrative action was taken by a computer program or using a computer program. It requires the agency to publish transparently on the website and in its annual report the kinds of actions that have been taken.

It requires, as we've just discussed in terms of the SOPI, the CEO to transparently publish a statement about how any discretionary task would be undertaken, and it only allows an automated decision where the particular decision has either been legislated or specified in an instrument that the parliament can disallow. These are new and important transparency measures in relation to the use of automation in this scheme.

We think it's important. The NDIA needs to use technology, including for some automated administrative actions. The NDIA currently processes more than 660,000 claims each day, and we're seeking to establish a clear legislated framework for safe and reasonable use of automated administrative action in clearly defined circumstances that include safeguards and ongoing human oversight.