New NDIS Laws 2026: What Changes and When
Updated: Sep 8
A factual guide to the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Act 2026
Information current as at 25 August 2026. The Act is now law, but the changes commence in stages. The NDIA says participants and providers can continue using current plans and supports as usual and do not need to do anything differently now. It will provide information before later reforms affect people. |
New NDIS Laws 2026: The Bill Has Passed and Is Now an Act
The Australian Parliament passed the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 on 19 August 2026. It received Royal Assent on 20 August 2026 and became the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Act 2026 (Act No. 66 of 2026).
The new NDIS laws 2026 amend the National Disability Insurance Scheme Act 2013. They cover access and planning, funded supports, fraud and enforcement, record keeping, pricing, automated administrative action, provider arrangements, and the transition to new framework planning.
The key point is timing: some provisions commenced on Royal Assent, the first operational changes begin on 27 August 2026, and other reforms are scheduled progressively through to 2028. The NDIA has published separate participant and provider timelines and says it will contact people before a change affects them.
What Starts First: 27 August 2026
Plan Reassessment Requests
Only the participant, their plan nominee, or a child representative can request an unscheduled plan reassessment. A provider or support coordinator may assist the person in understanding the process, organising information, and preparing a request, but they cannot make the request on the participant’s behalf.
An unscheduled reassessment request must relate to a significant change in the participant’s ongoing support needs arising from an impairment for which they meet the NDIS disability or early-intervention requirements. If the request is based on functional capacity, the change must be significant and ongoing, directly related to a change in an accepted impairment or arising from a new or acquired impairment for which the person meets those requirements, and must cause a substantial reduction in their ability to perform daily activities.
A significant and ongoing alteration in living, education, work, or informal support arrangements may also meet the conditions. A change in these arrangements does not need to be unanticipated. The request must use the approved form, if one is specified, and include the information and documents required by the NDIA.
The NDIA will have 90 days to decide whether to reassess the plan. If it does not decide within that period, the request is treated as refused, and review rights become available. Participants can still request a plan variation for eligible changes, including short-term or urgent circumstances. Read the official NDIA information about the new laws and plan-change arrangements.
Functional Capacity and Connection to Impairment
A statutory definition of functional capacity begins on 27 August 2026. The Act also strengthens the requirement that funded supports arise directly from the impairment or impairments for which the participant meets the NDIS disability or early-intervention requirements. Separate changes to the broader NDIS access process are scheduled from January 2028.
Record Keeping
For claims made on or after 27 August 2026, the Act sets different default record-retention periods:
NDIS providers: seven years from the day the claim is made.
Participants who make claims: three years from the day the claim is made.
Other people who make claims: five years from the day the claim is made.
Unless NDIS rules prescribe a shorter period, these default periods apply. The detailed types of records will be prescribed by NDIS rules. The NDIA’s current provider guidance identifies examples such as invoices, support logs, rosters, case notes, and service agreements. Records must be in English or readily accessible and convertible into English. See the NDIA record-keeping guidance.
Compliance, Fraud Controls, and Information Gathering
The NDIA and NDIS Quality and Safeguards Commission receive additional compliance, enforcement, and information-gathering powers. The Act also adds offences and civil penalties relating to conduct such as knowingly providing false or misleading information, fraudulently obtaining NDIS payments, and intentionally destroying required records to obstruct an audit or investigation.
Pricing Decisions and Administrative Automation
The Minister for Disability and the NDIS becomes the decision-maker for NDIS pricing determinations, with advice provided through the Annual Pricing Review process. The NDIA states that there is no immediate change to current pricing arrangements.
Computer systems may be used for some administrative actions, including claims and payment processing. The NDIA states that oversight and safeguards will apply and that complex, discretionary decisions or decisions requiring judgement will continue to be made by people.
When Later Changes Are Scheduled to Begin
The dates below combine the Act’s commencement table with the NDIA’s published implementation timeline. Some operational arrangements will depend on future rules, legislative instruments, consultation, system changes, or a proclamation.
Date | What is scheduled |
1 October 2026 | Support determinations and plan-suspension provisions commence. Funding changes will apply progressively to relevant plans as they are reassessed or renewed, not automatically to every plan on 1 October. The Act sets no percentage; any percentage requires a separate legislative instrument that can be examined by Parliament. The government fact sheet identifies protections or exclusions for critical care; home and vehicle modifications; personal mobility equipment and transport; incontinence and menstruation consumables; Specialist Disability Accommodation; employment and disability-health supports; high-intensity and complex-behaviour supports; and specified customised, wearable and hearing technology. A variation pathway is available for defined participants needing continuous 24-hour care. Before suspending a plan because a participant cannot be contacted, the NDIA must use the preferred contact method at least five times over three to four months and make a written attempt where required. Safeguards apply for hospitalisation, institutional care, or homelessness, and a suspension decision is reviewable. |
20 November 2026 | The prohibition on specified provider inducements and kickbacks commences. The legislation distinguishes prohibited inducements from permitted genuine pricing practices and certain merchandise. |
1 December 2026 | The general timeframe for submitting claims changes from two years to 90 days after delivery of the support. |
1 February 2027 | Plan renewals and revised reasonable-and-necessary support provisions commence. A plan due for reassessment may be reassessed by a planner or renewed with the same supports. Plan renewal replaces many plan continuations, and unspent funds from the old plan do not carry into the renewed plan. Revised criteria include guidance about parental responsibility while recognising additional disability-related support needs and risks to informal supports. |
20 February 2027 | Debt-recovery safeguards commence. The NDIA must provide notice and reasons before recovering certain debts. The government fact sheet says participants have 28 days and providers 14 days to respond, and the low-value debt-waiver threshold increases from $200 to $500. |
From April 2027 | The NDIA plans to begin progressively introducing new framework planning. It says participants will be told before they move to the new process. |
From July 2027 | The NDIA plans to expand mandatory registration to some providers delivering personal care and daily living supports, and supports in closed settings. Enhanced whistleblower provisions in the Act also commence on 1 July 2027. |
From October 2027 | The NDIA plans to establish a trusted panel of plan-management providers and support participants to transition over six months. The relevant plan-management provisions in the Act commence on a day fixed by proclamation, with an automatic backstop if they have not commenced within 24 months after Royal Assent. |
From January 2028 | A new access process begins for new applicants, including a standardised evidence-based assessment of functional capacity. The NDIA says current participants will be reassessed progressively over three years. The Act does not force a person to undergo treatment, and the government fact sheet says people are not expected to try every possible treatment or undertake treatment that is unsuitable, carries significant risk, or may cause serious long-term effects. Changes concerning compensation for work-related or motor-vehicle injuries apply to new applicants from 1 January 2028; existing participants remain under the existing arrangements, subject to continuing to meet other eligibility criteria. |
From July 2028 | The NDIA plans to introduce a commissioned support-coordination and connection function. More operational detail is expected before implementation. |
Sources for the timeline: Federal Register of Legislation commencement table; NDIA implementation timeline; and the Australian Government final changes fact sheet.
What Participants and Families Can Do Now
Continue using the current NDIS plan and approved supports unless the NDIA advises that something has changed.
Keep letters, invoices, receipts, service agreements, support records, and relevant evidence in an organised paper or digital system.
Read information from official sources and check the publication or “current as at” date, because implementation information is being updated.
Ask the NDIA, a my NDIS contact, an advocate, or a trusted support person to explain information in a suitable communication format.
If requesting an unscheduled reassessment, use the approved form and include the required information and relevant evidence. For a functional-capacity change, explain how it has substantially reduced the ability to perform daily activities. A provider or support coordinator can assist with preparation, but the participant, plan nominee, or child representative must make the request.
Read decision letters carefully. If a decision is reviewable and you disagree with it, note the applicable review deadline and seek advocacy or legal support promptly.
Where to Find Clear and Official Information
NDIA Information About the New Laws
Securing the NDIS for future generations — the central NDIA page explaining commencement dates, participant and provider changes, consultation, and downloadable timelines.
Easy Read: About the new NDIS laws — an accessible 27-page summary for participants.
Participant changes timeline and provider changes timeline — short two-page summaries.
NDIS contact page — participants can call 1800 800 110; providers can call 1300 311 675. The page also links to webchat, interpreting, and National Relay Service options.
Engage NDIS — a way to provide feedback about the information people need on the reforms.
Help to Understand the Changes
A participant can ask their my NDIS contact, Local Area Coordinator, early childhood partner, plan nominee, family member, or trusted support person to help them read information, prepare questions, and communicate with the NDIA. A support coordinator can help a participant understand and use their plan and connect with providers and community or mainstream services. Read the NDIA guide to support coordination.
For information in another language, contact TIS National on 131 450 and ask to be connected to the NDIS. People who are Deaf, hard of hearing, or have a speech or communication difficulty can use the National Relay Service. Current accessibility options are listed on the NDIS contact page.
What a Disability Advocate Can Do
A disability advocate is independent from the NDIA. Under the Australian Government’s National Disability Advocacy Program, advocates may:
provide information and help a person explore their options
help a person understand and exercise their rights
support self-advocacy and informed decision-making
help prepare for meetings, organise information, and communicate concerns
assist with complaints and access to the NDIS or other government and community services
refer a person to legal, community, or specialist services where appropriate
An advocate does not make the NDIA’s decision, change the law, or guarantee an outcome. Their role is to help the person understand the process, express their views, and participate as fully as possible.
Government-funded advocacy providers operate in every state and territory. Use the Ask Izzy Disability Advocacy Finder or the Disability Gateway advocacy page to search by suburb or postcode. The Disability Gateway can also be contacted on 1800 643 787, Monday to Friday, 8 am to 8 pm AEST/AEDT.
The Disability Advocacy Support Helpline provides short-term, phone-based advocacy and may refer callers to a suitable local service.
If You Disagree with an NDIA Decision
The NDIS Appeals Program provides free advocacy support to eligible people seeking external review through the Administrative Review Tribunal after completing the NDIA internal review process. Advocates can explain the process, help prepare documents, and attend conferences or hearings as a support person. Legal assistance may also be available through state or territory Legal Aid services. Time limits apply; the government program currently states that an ART application generally must be made within 28 days of receiving the NDIA internal review decision. The ART can consider a written request for an extension if an application is late.
Contacting a Local Member of Parliament or Senator
People can contact their federal Member of Parliament or a Senator for their state or territory to share how an NDIS issue or legislative change is affecting them. Parliamentary guidance explains that Members represent constituents and may raise constituent matters with ministers or government departments.
An electorate or senator’s office may be able to:
listen to a constituent’s concerns and record their experience
seek information or make a representation to the relevant minister, department, or agency
refer the constituent to another service or formal process
raise broader policy concerns through parliamentary or party processes
A parliamentarian cannot replace the NDIA’s formal review process or direct the Administrative Review Tribunal to decide a case in a particular way. If a decision has a review deadline, contacting a parliamentarian should not delay an internal review, ART application, or request for legal advice.
Use the official Parliament of Australia Senators and Members search to find current contact details. The Parliament website also explains how to contact senators and members.
A Calm Way to Follow the Rollout
The new NDIS laws will be implemented over several years. The NDIA says participants can continue using their current plans and supports as usual unless they are told that a change affects them. The most reliable approach is to follow dated information from the NDIA, the Federal Register of Legislation, and the Australian Government, keep relevant records, and seek independent advocacy or legal support when individual advice is needed.
Official Sources and Further Reading
Information notice: This article provides general information only. It is not legal advice and does not replace information or advice from the NDIA, an independent advocate, or a qualified legal professional. Implementation details may change as rules, legislative instruments, and operational guidance are issued. Check the linked official sources for updates.
