The New NDIS Law Is Now in Effect

What changed on 27 August, what is still being worked out, and what comes next

Disclaimer: This article reflects publicly available information as at 30 August 2026. This article is for general information only and does not constitute disability support, legal, or financial advice. For personalised advice, contact the NDIA on 1800 800 110, your Support Coordinator, or a disability advocacy organisation.

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The NDIS Amendment (Securing the NDIS for Future Generations) Act 2026 received Royal Assent on 20 August 2026. Seven days later, on 27 August, the first wave of changes began.

If you are an NDIS participant, carer, or family member, you are now living under a new legal framework for the scheme. Most of the major changes are still months or years away. But some things changed on 27 August, and it is worth knowing clearly what they are — and what the rest of the timeline looks like.

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What Changed on 27 August 2026

Who Can Request an Unscheduled Plan Reassessment

Previously, there were broader avenues for requesting an unscheduled plan review outside of a scheduled date. Under the new rules, only a participant, their plan nominee, or a child representative can request an unscheduled plan reassessment.

You can still request a reassessment if there has been a significant and ongoing change to your:

• Functional capacity and support needs
• Where or how you live
• Education or work situation
• Informal support from family, friends or others

Plan variations for emergencies, crises, or short-term changes remain available separately.

What this means in practice: Third parties — including some providers and advocates — who previously had the ability to request plan reviews on behalf of participants no longer have that pathway. If you want a plan review, you or your nominee need to initiate it.

New Record-Keeping Requirements

From 27 August, there are new requirements for participants, plan managers, nominees, and providers to keep records about NDIS support payments. These requirements are designed to improve the traceability of NDIS funds and support fraud detection and compliance.

Stronger NDIA Powers

The NDIA now has stronger powers to:

• Investigate fraud and non-compliance
• Gather information from participants, providers, and other parties

These powers were always part of the new law's intent, and they complement the Integrity and Safeguarding Act that came into force in July.

Automated Administrative Actions Authorised

From 27 August, the NDIA is authorised to use computer systems for certain administrative actions, including processing claims and payments. The law includes safeguards: human oversight is required, and human decision-makers must handle matters that require judgement.

This provision has been one of the most contested elements of the legislation. ACOSS specifically cited Robodebt in its post-passage statement, warning that automated systems handling large-scale budget changes in sensitive social services create foreseeable risk. The safeguards in the law are more substantial than Robodebt's — but they will need to be upheld in practice, and participants who receive automated decisions they believe are wrong retain the right to seek human review.

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What Is Still Being Worked Out

This is the part that most participants want to understand, and where honest clarity matters most: much of the detail of the January 2028 changes has not yet been finalised.

The new law establishes the framework. What it does not yet contain are the specific criteria, thresholds, and tools for assessing functional capacity. Those are being developed now — and will not be finalised until early 2027.

The Technical Advisory Group (TAG) is working through three phases:

1. Developing an assessment framework
2. Advising on assessment model options
3. Providing implementation advice

The TAG is expected to complete most of its work by late 2026 and report to government by March 2027. The eligibility changes take effect from January 2028.

What this means for participants: the specific criteria that will determine who qualifies for the NDIS from 2028 do not yet exist in final form. They are being developed. The TAG consultation process is the moment when those criteria will be shaped — and where disability community input will matter most.

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The Full Timeline: What Changes When

Source: PWDA summary of NDIS changes, August 2026.

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The Still-Unresolved Question: What Will the Assessment Actually Look Like?

UNSW researchers noted this week that the legislation moves away from diagnosis-based eligibility toward assessing functional capacity, but that "we still don't know exactly what the new process will look like."

The law establishes that:

• NDIS eligibility will be based on substantially reduced functional capacity — not diagnosis
• Impairment must be permanent, demonstrated by having tried all publicly funded appropriate treatments
• Assessment will use standardised tools — and the I-CAN v6 framework is central to that

What the TAG still needs to determine:

• The specific thresholds — how limited must functioning be to qualify?
• The activities assessed — dressing, washing, preparing meals, working; how each is weighted
• How the tools handle fluctuating conditions (MS, episodic mental health) where daily capacity varies significantly
• How the tools handle rare conditions where specialist evidence may be limited

As one UNSW researcher put it, "the fairness of the system will ultimately depend on how the tools are implemented, and by whom."

This is not a criticism of the I-CAN v6 tool itself. It is an honest acknowledgement that the most consequential details are still being developed. The TAG's consultation process — expected to conclude by March 2027 — is when those details will be shaped.

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Ann Marie Smith: Why These Reforms Have Context

On 24 August, the family of Ann Marie Smith spoke at sentencing proceedings for one of the directors of the NDIS provider whose care was responsible for her death.

Ann Marie Smith, who had cerebral palsy, died in April 2020 from severe neglect while in full-time care. Her carer was jailed in 2022. The former co-director of the provider company pleaded guilty this month to a charge under the Work Health and Safety Act — a lesser charge than criminal neglect.

Speaking at the sentencing proceedings, her brother Steven told ABC News: "If neglect of this severity was able to continue for such an expanded period without detection, it's reasonable to ask whether similar failures could occur elsewhere. Justice for Annie cannot change the past, but it can change the futures for those who still and will depend on others for their wellbeing and safety."

Ann Marie Smith's case remains the clearest single example of what inadequate oversight, inadequate accountability, and inadequate support can produce. The new law's stronger enforcement powers — criminal penalties for providers operating without registration, expanded banning orders, new whistleblower protections — are in part a direct response to documented failures like hers.

Her name and her family's continuing grief are a reminder of why the question of how this system treats its most vulnerable participants is not abstract.

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What Participants Should Do Now

For most participants: no immediate action is required. Your current plan continues. You can continue using your supports. The NDIA will contact you before any change that specifically affects you takes effect.

Before 1 October 2026: If your plan includes significant community participation or capacity building funding, speak with your Support Coordinator about when your next review is scheduled and what the October reductions may mean for that review.

Before April 2027: The I-CAN v6 new planning framework begins its staged rollout in six months. This is a confirmed change that proceeds regardless of the reform bill. Begin preparing your domain-by-domain preparation document now — before the assessment arrives, not after. ICANReady was built for exactly this purpose.

Watch the TAG process. The Technical Advisory Group's work over the next six months will determine the specific criteria used to assess functional capacity from 2028. Disability organisations — PWDA, DANA, and others — will be engaging with this process. Their community consultations are the places where participant voices can influence what the criteria actually say.

Keep your evidence current. Allied health reports more than two years old carry less weight. If your assessment is likely to fall in late 2027 or 2028, ensure your functional assessments are as current as possible well before that point.

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Sources: People With Disability Australia NDIS changes summary (27 August 2026), UNSW Newsroom (August 2026), ABC News Ann Marie Smith sentencing (24 August 2026), NDIS.gov.au Royal Assent confirmation (20 August 2026), health.gov.au timeline publications, National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Act 2026, No. 66, 2026 — Federal Register of Legislation.