Currently, access to the NDIS is based on a standardised, evidence-based assessment of functional capacity.
The assessment focuses on how a person’s day-to-day living is impacted by their disability.
From 1 January 2028, people who apply to the NDIS will go through an objective functional capacity assessment to determine their eligibility.
NOTE: From 1 January 2028, people who are already accessing the NDIS will be reassessed.
This will happen progressively over 3 years.
Assessment Criteria
People will only be able to access the NDIS if their impairment is permanent (or likely to be permanent).
People who apply to the NDIS from 1 January 2028 will need to meet the new criteria to be able to access the NDIS.
The NDIA will assess:
- if other treatment to help their impairment has happened,
- if no other treatment is likely to help, and
- the impairment is likely to be permanent or lifelong.
Other changes affecting assessment:
People who are eligible for or are receiving support for their impairment from workers’ compensation or motor vehicle accident schemes may no longer be eligible for the NDIS.
What about access for children?
Children aged 8 and under with developmental delay and/or autism and low to moderate support needs will no longer be eligible for the NDIS.
These children will be supported by Thriving Kids.
How is the Government assessing whether an impairment is permanent?
To assess if you can access the NDIS, the NDIA looks at whether your disability is permanent. This may include looking at whether you have tried treatments that could improve your condition.
Your treating practitioners can advise the NDIA on whether a treatment is likely to significantly improve, reverse, or reduce the impact of an impairment. This includes considering if there is a medical reason why you cannot undertake a certain treatment.
Will I have to undergo certain treatments before I can access the NDIS?
The Act requires individuals to undertake ‘appropriate treatment’ to remedy or alleviate an impairment before it can be considered permanent. It does not force anyone to have treatment or require you to undertake any particular treatment.
‘Appropriate treatment’ does not mean trying every possible treatment. It means considering treatments that are widely accepted and are likely to make a meaningful difference to a person’s impairment.
You will never be expected to undergo treatment that:
- is not recommended for your impairment or comorbidities, or where the likely benefits of a treatment are negligible, highly uncertain, or outweighed by the clinical risk
- is unsuitable for you, carries significant risks, or could cause serious long-term side effects
- could alter your fertility or have other major lifelong impacts.
Restrictive practices involving seclusion or chemical, mechanical, physical or environmental restraint are not considered ‘treatments’ for the purpose of determining whether you have undertaken all appropriate treatment.
Consistent with current practice, you will not be expected to undergo invasive or significant medical interventions – such as cochlear implants – to meet access criteria.
You will only be expected to undertake treatments that receive public funding, such as through Medicare, the PBS and public hospitals.
There will be additional rules about other treatments you are not expected to undertake. These rules will be developed through consultation with the community, engagement with clinical experts and may also involve input from the Technical Advisory Group (TAG).
The development of these rules will take into account medical and ethical considerations, such as individual autonomy and informed consent. The rules will not be able to require you to undertake a certain treatment.
