Australian Human Rights Commission Urges Government to Halt NDIS Reform Legislation
The Australian Human Rights Commission has called on the Australian Government to delay its controversial NDIS Amendment Bill, citing major concerns over accountability, reduced eligibility, automated decision-making, and a lack of consultation with people with disability.
Harry Taruva 
Canberra — The Australian Human Rights Commission has formally requested that the Australian Government halt the parliamentary progress of its proposed National Disability Insurance Scheme (NDIS) Amendment Bill until serious human rights, procedural and governance concerns are resolved.
The legislation, currently undergoing inquiry by the Senate Standing Committee on Community Affairs, represents significant structural reduction in NDIS funding to date.
Proposed provisions include stricter eligibility criteria to curb participant expansion alongside substantial cuts to social and community participation funding, generating widespread opposition from disability advocacy bodies and service organizations nationwide.
While acknowledging the necessity of reform to combat fraudulent practices, fix market failures and secure the scheme's long-term sustainability, Commission President Hugh de Kretser and seven commissioners issued a joint appeal urging federal ministers to adopt a more measured, rights-based approach.
Disability Discrimination Commissioner, Rosemary Kayess, warned that the administration is overriding substantive concerns regarding the potential degradation of life-changing support mechanisms for hundreds of thousands of Australians.
"The NDIS is an important national achievement that has transformed the lives of people with disability in so many ways," Kayess said.
"Everyone acknowledges the scheme needs reform to address fraud and market failures. But the government is dismissing genuine concerns that their proposed changes will seriously erode the life-changing impact the scheme has delivered," she said.
The Commission highlighted critical procedural deficiencies in the bill's drafting, noting that the federal government has yet to issue a formal response to the independent NDIS Review or meaningfully include individuals with disability in co-designing the statutory amendments.
Beyond consultation gaps, the Commission outlined critical structural risks within the legislation, including the creation of broad discretionary ministerial powers alongside reduced institutional oversight mechanisms.
The proposal also introduces automated decision-making frameworks without legislative safeguards, directly contradicting recommendations established by the Robodebt Royal Commission.
The government has further proceeded without a comprehensive gender impact analysis assessing how funding realignments affect men, women and gender-diverse participants, while risking the transfer of care burdens onto already strained state-level public healthcare and education systems.
The Commission noted that state and territory disability ministers have separately requested a delay to allow for the development of foundational support alternatives before participants lose access to the federal scheme.
Reiterating findings from the Australian Parliament's Joint Standing Committee on Human Rights, Commission President Hugh de Kretser emphasised that the bill in its current form represents a significant interference with fundamental rights to equality, healthcare, privacy and an adequate standard of living.
