Introduction
This article explains the changes to the legislative provisions about plan reassessments, in effect from 27 August 2026: National Disability Insurance Scheme (Securing the NDIS for Future Generations) Act 2026 (Amendment Act), section 2 (commencement), Schedule 1, Part 2.
Current section 48
Section 48 of the National Disability Insurance Scheme Act 2013 (NDIS Act) currently provides that the CEO may conduct a reassessment of a participant’s plan at any time. This may happen on the request of the participant or on the CEO’s own initiative. In response to a request by a participant, the CEO can decide:
- the plan needs to be varied under subsection 47A(1); or
- the plan needs to be reassessed; or
- not to conduct a reassessment of the plan.
Policy intent of the changes
The Explanatory Memoranda for the Amendment Act (then a Bill) tabled in Parliament explained the policy intent of the changes (at 18) is to:
introduce sensible controls and conditions on plan reassessments to ensure that they can only be requested where there is a genuine change in a participant’s support needs. It will also ensure that only participants, and those authorised to act on their behalf, can request a plan reassessment, ensuring that a reassessment request is due to a genuine change in needs, and is not a way for providers to access more NDIS funding.
Changes
To achieve the policy intent, the key changes – in effect from 27 August 2026 – which apply to participant-initiated plan reassessments only are summarised below:
First, new subsection 48(2), NDIS Act provides that a reassessment of a participant’s plan may be conducted on the CEO’s own initiative or at the request of the participant, their plan nominee, or a child’s representative. This explicit limitation on who can request a reassessment is intended to prevent plan managers and support coordinators from requesting plan reassessments without good reason and without the participant’s knowledge.
Second, new subsection 48(2A) provides that the request for reassessment of a participant’s plan must be in the form approved by the CEO (on the NDIS website at plan reassessment) and must include any information or documents required by the CEO. If the request is not made in the correct form, or does not include the requisite information or documents, the CEO is not required to decide on the request: section 197.
Third, new section 48A sets out all the conditions that must be satisfied before the CEO can conduct a reassessment of the participant’s plan in response to a request by a participant. These are:
- There has been a significant change in the ongoing support needs that arise from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements.
- The significant change relates to one or both of the following:
- a change in the participant’s functional capacity in relation to communication, social interaction, learning, mobility, self-care or self-management;
- the participant’s personal or environmental circumstances.
- If the significant change is to a participant’s functional capacity, then that change must be both significant and ongoing; result in a substantial reduction in the participant’s ability to perform daily activities; and directly relate to a change in an existing (or new) impairment for which the participant has met (or will meet) the disability or early intervention access requirements: new subsection 48A(2).
- If the significant change is to a participant’s personal or environmental circumstances, then that change must have been an unanticipated, significant and ongoing change in the participant’s living, education or work arrangements; or to their informal support network: new subsection 48A(3).
Finally, the CEO must decide within 90 days (change from 21 days) to either vary the plan, reassess it, or decide not to reassess: subsection 48(3).
Conclusion
The changes to the reassessment provisions limit who can request a reassessment for a participant, and clarify the conditions that must be met before the NDIA will undertake a reassessment. While they increase the legislative timeframe for the NDIA to decide a request from 21 to 90 days, this longer time-frame reflects the current operational reality of NDIA processing times. Note, the plan variation provisions (section 47A) and processes are unchanged.
