National Disability Insurance Scheme Amendment (Securing the Ndis for Future Generations) Bill 2026

Karen Grogan

The question now is that Senator David Pocock's remaining amendments (1), (3), (4) and (5) on sheet 3984; amendments on sheet 3985; and remaining amendments (1) to (5) on sheet 3987 be agreed to.

Senator David Pocock's circulated amendments

SHEET 3984

(1) Clause 2, page 2 (table item 3), omit the table item.

(3) Schedule 1, item 45, page 16 (line 28) to page 17 (line 2), omit subsection 38(3).

(4) Schedule 1, item 50, page 18 (lines 5 to 10), omit the note.

(5) Schedule 3, item 11, page 95 (line 12), omit "subsections 34A(2) and 34B(4)", substitute "subsection 34B(4)".

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SHEET 3985

(1) Schedule 1, item 34, page 14 (after line 24), at the end of section 34A, add:

Exemptions

(6) If a determination under subsection (1) applies in relation to a participant's plan, the participant or the participant's plan nominee may apply to the CEO for an exemption from the determination in relation to the participant's plan.

(7) The application must:

(a) be in the form (if any) approved by the CEO; and

(b) include any information, and be accompanied by any documents, required by the CEO.

(8) If the CEO receives an application under subsection (6), the CEO must:

(a) if the CEO is satisfied that the effect of the determination would be to create an unacceptable risk to the participant's safety, or cause or materially increase the risk of the participant becoming socially isolated—grant the exemption; or

(b) otherwise—refuse the exemption.

(9) If the CEO grants the exemption under paragraph (8)(a):

(a) the CEO must notify, in writing, the participant of the grant of the exemption; and

(b) the determination is taken to have no effect, and to not have had effect from the date that the application was made under subsection (6), in relation to the participant's plan.

Note: For notification of a decision to refuse the exemption under paragraph (8)(b), see subsection 100(1).

[exemptions for support determinations

(2) Schedule 1, page 14 (after line 24), after item 34, insert:

34A Subsection 99(1) (after table item 4)

Insert:

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SHEET 3987

(1) Schedule 3, item 10, page 94 (after line 6), after the definition of designated provision in section 9, insert:

evaluative administrative action means an administrative action that involves one or more evaluative determinations.

(2) Schedule 3, item 10, page 94 (lines 11 and 12), omit the definition of standard operating procedure instrument in section 9.

(3) Schedule 3, item 11, page 94 (line 18), after "administrative action", insert "(other than evaluative administrative action)".

(4) Schedule 3, item 11, page 95 (lines 31 to 38), omit subsection 59B(4).

(5) Schedule 3, item 11, page 97 (lines 20 to 23), omit subsection 59C(3).