Organisations can and should engage in legislation to achieve change - the example of the NDIS Amendment Bill 2026
- 4 days ago
- 5 min read
One of the central mechanisms for organisations to engage in Parliamentary processes is through legislation. The primary purpose of Parliamentary sittings – not just the theatre of question time - is to be legislatures and make, amend, debate and enact legislation.
This is often one of the most misunderstood areas for organisations and one organisations can sometimes be fearful of engaging with. Organisations can and should engage with Ministers and Parliamentarians to critique and suggest changes to legislation. Beyond making a submission to an inquiry into legislation, you can work with Parliamentarians and suggest amendments.
I always say, if organisations and peaks say they represent a sector, then they are presenting as the experts and should be able to say what needs to be done to make a policy, programs or legislation better.
I’ve heard it said that we can’t do that, we don’t understand legislation or it’s legislation so we can’t change it. Legislation can be daunting, but if you look at the explanatory statement and the main substance of the legislation, it is about picking out what are the key issues and then to identify what needs to be changed or improved.
Sometimes the numbers in a Parliament will mean if all Parliamentarians, all the Government members or all of those who support legislation voted for it, then yes it will go through and change can’t happen. But if it is a particularly significant and topical issue, it creates debate and if enough inquiry occurs, changes can be made. This is particularly if the legislation is introduced by the Government of the day and if it looks like it won’t pass. One piece of legislation can also be – and does get - negotiated for changes in another.
A current and significant example is the National Disability Insurance Scheme (NDIS) Amendment (Securing the NDIS for Future Generations) Bill 2026 (the Bill). The Bill is currently before the Australian Parliament and has generated significant debate. The Bill has passed in the House of Representatives and it is now in the Senate where the major debate on the Bill and amendments will occur.
The Bill is being inquired into by the Senate Standing Committee on Community Affairs Legislation Committee (the Committee). The inquiry was due to make a final report mid-June but has now been extended to 14 August, meaning the Bill itself will then be up for the final debate in the Senate likely in the second sitting week in August 2026.
An interim report was made by the Committee on 23 June, when the final report was meant to be due. This report and the further comments from the Coalition, and dissenting reports from the Greens and Senator David Pocock, give an indication of what is likely to happen when the Bill is finally debated. The Chair of the Legislation Committee is a Labor Senator and therefore that report is supported by them and the other Labor Committee members. The further comments from the Coalition indicates they are likely to support the Bill but have highlighted where they believe there should be changes. The Greens and Senator Pocock are in disagreement with the report –why they dissenting – and state they will not support the Bill in its current form.
Overall, what this shows is that a Bill making changes to the NDIS will occur, but that what it looks like is open for debate and changes. This represents a significant opportunity for the many, many organisations that made submissions, to change the legislation. No doubt many are and would be in discussion with various MPs and Senators about this, but this is where they can actually say and develop what these changes should look like.
As I said earlier, it might seem daunting to draft legislation, but it is ultimately about showing practically what you think the changes should be, what is the outcome you want, articulating that clearly and working with a Senator or MP to draft the changes. Parliamentarians have access to drafting assistance, so this is something you can work with them on.
Again, it goes to the point of if you say you are the experts, then you should be able to says what amendments to legislation should be. Parliamentarians don’t have all the answers and they look to expert organisations.
This is where the recommendations organisations make, including in submissions, can and should be clear and say what it is they want to happen. In many cases recommendations are very broad and high level, rather than specific and saying what the solution is. This is a lost opportunity particularly where with legislation like the NDIS Bill, there is a real opportunity to proactively engage with Parliamentarians and say what they think should happen with legislation.
Now that the Committee inquiry into the Bill and the time when it will be debated has been extended, this presents that opportunity over the next couple of months to really proactively engage. This is not just with Parliamentarians but between different organisations and sectors.
The Bill inquiry has received over 4000 submissions and these are from individuals along with a huge range of organisations across disability, health, mental health, allied health, justice, housing, multicultural communities, Aboriginal and Torres Strait Islander organisations, children and young people, legal services, social services and more.
While there are some differences in the detail of what is being asked, there are many areas of commonality, which has already led to some changes to the original Bill. This again represents an opportunity for sectors and organisations to work together to develop amendments and potentially increase the chance of changes to the Bill or reformed NDIS legislation occurring.
Organisations – if they aren’t already – should also be engaging with state and territory governments who are influential in this debate. One submission to the Bill inquiry was made jointly by state and territory Disability Ministers noting major concerns with the Bill. This is an extraordinary step and occurrence (very rare). It is something that should be noted by all organisations around engaging with state and territory governments, as they will be in those funding negotiations and Ministerial meetings about the NDIS.
Along with this Bill there are ongoing NDIS pricing reviews, a separate joint committee on the NDIS with an inquiry into the integrity of the NDIS due to report 2 July, discussions around Thriving Kids and other related funding programs, and rules around different aspects of the NDIS being developed.
There is much occurring on this significant matter for the community and organisations. Having worked in the community sector for many years, including for a significant part of that time on the NDIS, it is overwhelming for already stretched and under resourced organisations.
The work Regis Strategis does provides support and strategy for engaging with parliamentary processes. This is built on an in-depth understanding and experience in these processes, including legislation.
Having worked on NDIS issues and come back to them over the years, many of the same arguments are occurring again. The NDIS is far too important to not take this opportunity to work to try and gain agreement across different sectors, levels of government and different political persuasions.
