Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Hansard source

The bill does not make changes to who can access the NDIS. It makes it clear that, when a person meets the access criteria to become a participant in the scheme, the agency must advise on whether they meet the disability requirements under either of the two sections that we've referred to: the disability requirements under section 24 and the early intervention requirements—or both. That is the first step in establishing a new early intervention pathway, which will be developed over time using the appropriate rules. Until that has occurred, the only difference for participants will be the information included in their access decision.

The bill will also clarify and expand the power to make NDIS rules relating to access provisions, including the methods or criteria to be applied when making decisions about the disability and early intervention criteria and the matters which must or must not be taken into account. As you would know, rules already exist under section 27 as it is currently in force. New rules will be developed in that 12- to 18-month co-design process that we've canvassed a bit in committee and will provide some clarity and detail about the application and meaning of key concepts in the act.

You are right that the second set of concepts here is in relation to the foundational supports that have been agreed to be provided fundamentally by the states and territories. I won't go to each of the kinds of disabilities or disorders—or whatever the proper language is to describe those diagnoses—but the intention is that they will either fall into a disability that is properly founded in either section 24 or 25 or be supported in terms of foundational support. No person should receive less support as a result of that process being engaged in over time. But, for participants in the scheme now or applicants for the scheme, the provisions for access do not change as a result of this.

What is being sought here—big pants or not—is long-term reform that is designed to achieve moderation in growth from 2026 onwards. But, of course, we'll engage an enormous amount of cooperative work and reform, including the foundational supports work that you've alluded to, in cooperation with the states and territories.