What Is the Purpose of the New Legislation?

The updated disability legislation in Australia has two main objectives:

  1. Establishing a framework to implement recommendations from the NDIS Review in collaboration with the disability community.
  2. Streamlining existing legislation to improve the Scheme’s operations and better support participants.

These changes aim to modernise legislation for disabled persons, creating a more transparent and efficient system.

New Processes for a More Effective NDIS

Significant updates to the NDIS include the introduction of impairment notices and revised eligibility criteria. These changes ensure participants receive support based on the functional impact of their impairments rather than solely on diagnosis.

Impairment notices, effective from 1 January 2025, form a core part of these improvements, reflecting the evolution of disability legislation in Australia.

Understanding Impairment Notices

Impairment notices are designed to shift focus from diagnoses to functional impacts, creating a more individualised approach to support. Under this new framework, impairments are categorised into six groups:

  1. Intellectual
  2. Cognitive
  3. Sensory
  4. Neurological
  5. Physical
  6. Psychosocial

How They Work:

  • New participants will receive an impairment notice upon joining the NDIS, confirming their eligibility and outlining recognised impairments.
  • Existing participants will transition to this system during plan reviews.

This approach ensures that participants with similar diagnoses but differing needs receive tailored support.

Clarified Disability Requirements Under the New Legislation

The revised legislation for disability introduces clearer access criteria for NDIS participants:

  • Participants gain a better understanding of how they meet eligibility requirements.
  • The changes delineate when the NDIS provides support versus when mainstream services are responsible.

By aligning with updated Australian disability legislation, these criteria aim to enhance transparency and streamline access to support.

Impairment Notices and “Reasonable and Necessary” Support

Impairment notices play a critical role in determining the supports participants can access under section 34 of the NDIS Act.

For a support to be deemed “reasonable and necessary,” it must address needs arising from impairments recognised in the notice.

Example:

  • A participant with multiple sclerosis who requires a powered wheelchair would qualify if their physical impairment is recognised.
  • However, supports related to unlisted impairments, such as a co-occurring psychosocial condition, may not be approved.

These updates align with changes in disability legislation, offering a more targeted and equitable allocation of resources.

Interim Steps While Awaiting Impairment Notices

Although the updated legislation for disabled persons took effect on 3 October 2024, impairment notices for existing participants have not yet been rolled out.

What Participants Can Do:

  • Submit a “Participant Information Access” request to the NDIA to review past access decisions and supporting documents.
  • Use this information to anticipate which impairments are likely to meet the new eligibility criteria.

This proactive approach can help participants navigate the interim period effectively.

Are Impairment Notices Reviewable?

Yes, impairment notices are reviewable decisions. Participants can request changes to their notice at any time to reflect additional or revised impairments. If the NDIA denies a request, participants can seek an internal review.

What These Changes Mean for Participants

The rollout of NDIS impairment notices represents a significant milestone in the evolution of disability legislation in Australia. Key benefits include:

  • Streamlined processes for documenting support needs.
  • Clearer pathways for accessing and maintaining eligibility.
  • Greater alignment between impairments and the supports provided.

By focusing on impairments rather than diagnoses, the updated legislation for disabled persons aims to deliver more inclusive and practical support for all participants.

Also, if you are unsure always visit the NDIS website Frequently asked questions about legislation | NDIS or ask one of our Plan Managers at Plan Manage Assist to assist you 1300 199 960. enquiries@planmanageassist.com.au