National Disability Insurance Scheme Act 2013
The NDIS provides individualised funding for Australians with permanent and significant disability to purchase the supports — including assistive technology — they need to live ordinary lives. It is administered by the National Disability Insurance Agency (NDIA) and represents a fundamental shift from a welfare model to an individualised insurance model.
What the law requires
The National Disability Insurance Scheme (NDIS) Act 2013 established the NDIS — Australia's system of individualised funding for people with disability. Rather than providing block grants to disability service organisations, the NDIS gives eligible participants a personal plan and budget to purchase the specific supports they need.
The scheme is funded jointly by the Commonwealth and state/territory governments and administered by the National Disability Insurance Agency (NDIA). It is one of the most significant social policy reforms in Australian history, representing a $30+ billion per year investment.
Eligibility: People under 65 with a permanent and significant disability that substantially reduces their ability to participate in activities or requires support. The disability must be attributable to intellectual, cognitive, neurological, sensory, or physical impairment, or a psychiatric condition that is permanent.
The "reasonable and necessary" test: NDIS funding is provided for supports that are deemed "reasonable and necessary" — related to a person's disability, representing value for money, likely to be effective and beneficial, consistent with Australian laws, and not more appropriately funded by other systems (health, education, etc.). This test is the source of much contention and appeals.
Assistive technology under the NDIS: The NDIS is the primary funding source for assistive technology in Australia for eligible participants. AT is categorised by cost and complexity:
- Low-cost AT (under ~$1,500): Generally included in a plan without specialist assessment
- Mid-cost AT: Requires some justification
- High-cost AT (e.g., power wheelchairs, complex AAC devices, eye gaze technology): Requires specialist AT assessment by a qualified AT advisor
The NDIS has dramatically changed the AT market in Australia, funding billions of dollars of AT each year and making complex AT accessible to people who previously could not afford it.
Early Childhood Early Intervention (ECEI): Children under 9 (or under 7 before recent changes) can access the NDIS through an early childhood pathway, receiving early intervention supports including speech pathology, occupational therapy, and AT.
Who it protects
Australians under 65 with eligible permanent and significant disability. Over 600,000 Australians are now NDIS participants.
Who must comply
The NDIA is the responsible agency. NDIS registered providers (who provide services to NDIS participants using their funding) must meet quality and safeguarding requirements set by the NDIS Quality and Safeguards Commission.
What it does NOT cover (common misunderstandings)
The NDIS does not cover everyone with a disability — the eligibility criteria are specific. People with age-related conditions (who are over 65) are covered by the aged care system, not the NDIS.
The NDIS does not replace all other disability supports. Health, education, and some housing supports are excluded as mainstream responsibilities. Complex discharge planning from hospitals, for example, is a frequent source of tension between the NDIS and health system.
The "reasonable and necessary" test is not automatic — plans must be negotiated, and many people have experienced inadequate plans or had AT funding refused. Appeals are available but time-consuming.
How to enforce your rights
Participants can request an internal review of any NDIA decision. If unsatisfied, they can appeal to the Administrative Review Tribunal (formerly the Administrative Appeals Tribunal). The NDIS Quality and Safeguards Commission handles complaints about registered providers.
Recent updates
A major independent review of the NDIS (the "Getting the NDIS back on track" review) was completed in 2023 and led to the NDIS Amendment (Getting the NDIS Back on Track No. 1) Act 2024, which made significant changes to eligibility, assessment, and planning processes. The reforms aim to improve sustainability while maintaining the intent of individualised, needs-based support. AT funding frameworks have been under review, with proposals for clearer categories and more streamlined AT assessment pathways.