The National Disability Insurance Scheme (NDIS) is undergoing its most significant reforms in recent years following Royal Assent of the NDIS Amendment (Securing the NDIS for Future Generations) Act 2026. The reforms are aimed at improving the long-term sustainability of the Scheme while introducing changes to participant access, planning, funding, provider regulation and compliance processes.
What Has Changed?
The reforms will be implemented gradually between August 2026 and July 2028, with some transitional arrangements continuing beyond that date. Importantly, participants can continue using their existing plans and supports while the reforms are rolled out.
Some of the changes already in effect include new rules regarding plan reassessments, expanded record-keeping obligations, increased compliance and fraud prevention measures and greater use of automated systems for administrative functions.
Participants continue to retain review rights and important safeguards remain in place to ensure that decisions involving discretion and individual circumstances are made by human decision-makers.
Funding and Planning Changes
One of the most significant reforms will commence from 1 October 2026, when funding reductions begin to apply to certain social, civic and community participation supports and capacity-building daily activity supports. While these reductions will not affect critical supports such as personal care, disability-related health supports, transport, Specialist Disability Accommodation and high-intensity supports, they may have a substantial impact on some participants who rely on community and capacity-building funding.
From February 2027, the NDIS will introduce a new plan renewal process, replacing the current continuation arrangements. Unspent funds will no longer carry over into renewed plans, and the NDIA will apply new considerations when determining whether supports are "reasonable and necessary", including the sustainability of the Scheme and consistency between participants with similar needs.
The reforms also place greater emphasis on the role of informal supports, such as assistance provided by parents, family members and carers. However, the NDIA must continue to consider the participant's individual disability-related needs and the impact that inadequate funding may have on carers and family relationships.
New Access and Assessment Framework
From 1 January 2028, new applicants seeking access to the NDIS will be subject to a standardised functional capacity assessment framework. Existing participants are also expected to transition progressively to the new framework over time.
The reforms signal a significant move towards evidence-based assessment processes. Functional capacity assessments, medical evidence, allied health reports and documentation demonstrating the impact of disability on daily living are likely to become increasingly important when seeking access to the Scheme or additional funding.
Participants may also face greater scrutiny regarding the permanence of their impairments and whether alternative compensation schemes, such as workers compensation or transport accident compensation schemes, may provide support.
What Should Participants Do Now?
For most participants, there is no immediate need to take action. Existing plans remain in place and the current access process will continue until January 2028. However, participants should remain informed about the reforms and ensure they maintain appropriate records relating to their supports and funding.
As the reforms place increasing emphasis on evidence, participants may wish to ensure that they have up-to-date medical and allied health evidence documenting their disability, functional impairments and support needs. This is particularly important for participants who anticipate future reviews, reassessments or funding disputes.
How Burke Lawyers Can Help
At Burke Lawyers, we have extensive experience assisting NDIS participants, families and carers in relation to NDIS access requests, plan reviews, funding disputes, Administrative Review Tribunal (ART) proceedings and appeals. We understand that legislative reforms can create uncertainty, particularly for participants who rely on the NDIS to access essential supports.
If you have questions about how the NDIS reforms may affect you or a family member, our team is available to provide advice and assistance tailored to your individual circumstances.
