A Senate committee is currently reviewing legislation that proposes stricter eligibility requirements for the National Disability Insurance Scheme. If this bill passes, Australians will face a higher bar to prove their disability is permanent. Specifically, applicants must demonstrate they have exhausted all publicly funded treatment options before gaining access to the scheme.
This shift creates significant barriers for individuals with psychosocial disabilities arising from mental health conditions. While the general approval rate for the scheme sits at four in five applicants, only one in four people with a psychosocial disability currently secure access. Data shows this access rate has plummeted from 66% to 25% over the last five years, even as overall eligibility rates remained consistent across the broader disability community.
Under the new rules, the National Disability Insurance Agency will require proof that an applicant has tried every possible treatment. This requirement ignores the reality that many people with mental health conditions live in unstable housing or poverty, which makes keeping records of treatment history a constant struggle. Furthermore, current public mental health services often feature long waiting lists and high costs, meaning many individuals cannot access the very treatments the government might require as a prerequisite for entry.
Concerns also persist regarding the future of the appeal process. Between 2019 and 2021, three-quarters of National Disability Insurance Agency decisions were overturned or varied when challenged by participants. New legislation threatens to restrict these rights to appeal, leaving vulnerable individuals with fewer avenues to contest incorrect assessments. By prioritizing standardized functional capacity scores over the advice of treating clinicians, the government risks creating a system where those in genuine need simply stop trying to secure the support they require.

