Submission to the Australian Government Department of Social Services Consultation on the NDIS Support Rule
6 August 2025
PWDA welcomed the opportunity to comment on the Discussion Paper provided by the Australian Government Department of Social Services (DSS) on the current NDIS Support Rule.
Since the transitional 'In' and 'Out' lists were released in October 2024, people with disability, families, advocates, and service providers have raised widespread and ongoing concerns.
The current rules have resulted in reduced flexibility, the removal or denial of previously approved supports, and significant confusion across the disability support sector.
While DSS has acknowledged many of these issues in its 2025 consultation paper, we are concerned that they have also stated the lists will continue under the current legislative framework.
PWDA questions whether such a position is consistent with the spirit of Australia's obligations under international human rights law. In particular, we note that the restrictive interpretation of supports may place Australia in potential breach of the spirit of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
If rigid lists systematically exclude supports essential to inclusion, autonomy, daily function, communication, or parenting, it raises questions about whether the NDIS legislation itself aligns with the rights enshrined under international law. In such a case, it may be necessary to pursue further review of the legislation itself.
The recommendations in this submission are informed by extensive feedback from PWDA's national survey of people with disability and their supporters, as well as insights gathered through our policy networks, individual advocacy team and Board.
Our submission is grounded in the lived experience, expertise, and rights of people with disability, and in the belief that the NDIS must be reoriented to serve its intended purpose: to implement the rights of persons with disabilities under the UNCRPD and enable people with disability to live full, autonomous, safe and inclusive lives.
Recommendations
Recommendation 1
The Australian Government and National Disability Insurance Agency should return to a flexible, principles-based, person-centred framework that enables supports to be assessed in the context of a participant's goals, functional capacity, and individual circumstances.
Recommendation 2
The Australian Government should review whether the current legislative requirement for support lists is compatible with the spirit of Australia's obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), particularly Articles 19, 3(a) General Principle, 20, 24, 28 and 30.
Reforming or Removing the Support Lists
Recommendation 3
If the lists are retained, they must be significantly reformed to ensure they are:
- broad enough to accommodate diverse disability-related needs;
- developed transparently and applied consistently; and
- designed with recognition of lived experience and intersectional disadvantage.
Recommendation 4
If the Australian Government and NDIA persist with a list-based approach, consideration should be given to entirely abolishing the 'Out' list and just retaining the 'In' list. Its removal would reduce administrative burden, prevent incorrect refusals, and promote fairness, consistency and choice.
Recommendation 5
If the 'Out' list is retained, the following exclusions must be removed to improve consistency, uphold rights, and reduce harm:
- Tablets and low-cost (defined by the NDIA as under $1500) smart devices used for disability purposes, including, but not limited to: communication, sensory regulation and access to capacity building supports such as therapy, delivered via telehealth;
- Apps and accessories (e.g., mounts, holders, software) required to make digital supports accessible;
- Household appliances used for disability purposes, such as robot vacuums, dishwashers and air conditioners;
- All personal care costs that relate to a person's disability, including hair and body related costs, whether or not the service is provided by a disability specific provider;
- All costs associated with accredited assistance animals;
- Any therapeutic supports that meet individual disability-related needs;
- Parenting and family supports that enable safe caregiving, family preservation, and child wellbeing where these needs are related to a participant's disability;
- Supports for children unable to attend school due to exclusion or disability (e.g., home education assistance, school-can't programs);
- Therapies delivered by qualified practitioners but not currently recognised under narrow NDIS categories (e.g., art therapy, somatic therapy, music therapy, trauma-informed practices);
- Disability related sex and sexuality related supports; and
- Reproductive health supports, required due to disability.
Replacement Supports Process
Recommendation 6
The Replacement Supports Process should be abolished and replaced by a more accessible and flexible system that allows for consideration of non-listed but reasonable and necessary supports within participants' plans.
Recommendation 7
If retained, the Replacement Supports Process must be:
- accessible and transparent;
- bound by clear decision-making criteria and timeframes;
- subject to internal review and external appeal; and
- not require participants to trade off unrelated supports in their plans.
Eligibility and Decision-Making
Recommendation 8
All support decisions must be accompanied by written explanations outlining the reasons, criteria applied, and avenues for review.
Recommendation 9
The NDIA must fund items, including mainstream or 'standard' items, where they are required to meet a disability-related need, assessed by function and context rather than general availability.
Evidence, Therapies and Innovation
Recommendation 10
The NDIA must broaden its definition of 'evidence' to include lived experience, culturally specific practices, and community knowledge, particularly when assessing non-traditional therapies.
Recommendation 11
The NDIS Evidence Advisory Committee must use inclusive, pluralist definitions of evidence, co-designed with people with disability.
Transparency, Information and Training
Recommendation 12
The NDIA must publish clear and accessible guidance on eligible supports in a wide range of formats (e.g., Plain English, Easy Read, Auslan, translated, video and audio).
Recommendation 13
The NDIA must ensure that all planners, Local Area Coordinators (LACs), and decision-makers receive consistent and mandatory training on support rules and their application. Ideally before or when changes are rolled out, not retrospectively.
Recommendation 14
The NDIA should maintain a public, searchable database of commonly requested supports and typical funding outcomes to improve transparency and consistency.
Equity, Access and Co-Design
Recommendation 15
The NDIA must ensure support rules and decisions explicitly account for intersectional barriers, including those related to race, gender, sexuality, age, culture, location, or socio-economic status.
Recommendation 16
Supports must not be excluded based on assumed access to mainstream or foundational systems unless access is verified and deemed appropriate by people with disability.
Recommendation 17
All changes to support rules or lists must be co-designed with people with disability and their representative organisations.
Recommendation 18
Any new or revised support lists must be released in draft form for public feedback prior to finalisation or submission to National Cabinet.
