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) (19:38): Senator Steele-John, the premise of your question is not quite correct, and it's perhaps worth explaining it. At the moment, a person applying to become an NDIS participant needs to demonstrate that their condition is permanent, and the decision about that is made by a delegate.

That will continue to be the case, and so your assertion that the minister makes that decision is wrong. What the bill does do is make it clear that the minister may, by rule, assign some treatments as being not appropriate. That also reflects current practice within the NDIA.

For example, at the moment, the NDIA would routinely judge that requiring a person to have a cochlear implant was not a treatment that would be required prior to demonstrating permanence for a person who is deaf. It is anticipated that the rules that the minister could make would reflect those kinds of practices. The government intends to consult in the making of such a rule and will also be interested in the advice of the technical advisory group in considering what kinds of treatments would be effectively excluded by way of ministerial decision-making.

But the actual decision about whether a person has obtained all appropriate treatment would be made by a delegate and would include seeking advice from the treating medical professional.