NDIS reforms are now law. What could they mean for the safety of people with disability?

As the federal government's National Disability Insurance Scheme (NDIS) reforms become law, much of the public discussion has focused on sustainability, fraud prevention, and changes to eligibility. However, ABC News reporting on the reforms has also renewed attention on concerns raised during a Senate inquiry earlier this year, where disability advocates warned that reducing some supports could increase isolation and leave some people with disability more vulnerable to abuse, neglect, and exploitation.

During the inquiry, participants pointed to findings from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which heard extensive evidence that people with disability are often at greater risk of harm when they are isolated from their communities and support networks.

The concerns raised highlight an important question: what role do disability supports play not only in helping people live independently, but also in helping keep them safe?

Why safety concerns were raised

Throughout the Senate inquiry, advocates expressed concern that changes to some categories of support could have unintended consequences for people who rely on them to remain connected to their communities.

Disability Discrimination Commissioner Rosemary Kayess told the inquiry that the Disability Royal Commission repeatedly heard evidence showing that people with disability are often most vulnerable to violence, abuse, and exploitation when they are isolated or placed in closed environments.

Women With Disabilities Australia also warned that community participation supports can serve as an important safeguard, particularly for women experiencing family violence or coercive control.

These concerns do not mean abuse will occur as a result of the reforms. However, they highlight the importance of making sure that any changes to supports are assessed not only through a financial lens, but also through a safety and human rights lens.

What the Disability Royal Commission found

The concerns raised during the NDIS inquiry echo findings from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Over more than four years, the Royal Commission heard extensive evidence about the ways people with disability can be exposed to abuse, neglect, and exploitation across a range of settings.

Its findings included evidence of:

• violence, abuse and neglect occurring in disability service settings
• the misuse of restrictive practices and restraints
• failures to respond appropriately to complaints and allegations of abuse
• barriers preventing people with disability from reporting harm
• increased vulnerability when people are isolated from family, community, and independent support networks

The Royal Commission concluded that stronger safeguards and greater accountability are necessary to protect people with disability and uphold their rights.

When systems fail, people need access to justice

Most disability support workers and providers are committed to providing quality care and support. However, when abuse, neglect or exploitation does occur, people with disability and their families can face significant barriers in seeking accountability.

These may include:

• difficulty reporting abuse
• communication barriers
• reliance on carers or service providers
• concerns about losing essential supports
• challenges obtaining evidence

While compensation can be important, many survivors and families are also looking for answers, recognition of their experience, and accountability from the organisations involved.

Accountability remains essential

As the NDIS continues to evolve, governments, providers, and regulators will all have a role to play in ensuring participant safety remains a priority.

New anti-fraud measures and regulatory powers introduced through the reforms may improve oversight of providers. But safeguarding people with disability requires systems that promote independence, community participation, visibility, and dignity.

The Disability Royal Commission and the recent Senate inquiry both drew attention to the relationship between support, social connection, and participant safety. As the NDIS continues to evolve, these issues are likely to remain an important part of the broader discussion about disability rights and safeguards.

How Maurice Blackburn can help

Maurice Blackburn has a long history of standing up for people who have experienced abuse, neglect, and institutional failures.

If you or someone you care about has experienced abuse, neglect, or exploitation in a disability service, care setting, or institution, legal advice may help you understand your rights and options.

Our team can provide confidential advice about potential claims and pathways to accountability. Send us a message or call us on 1800 111 222.