By convenor |

Mr Brian Cooper revised the wording of a previous letter. A4 encourages people to sent their own version to relevant politicians and others. 


Recent amendments to the NDIS Act have resulted in the omission of key impairment categories associated with Autism Spectrum Disorder (ASD) from sections 24(1)(a), 25(1)(a), and 32BA(3). This is a critical flaw, given that autistic people now comprise more than half of all NDIS participants.

Autism is clinically defined by a triad of impairments: social, communication, and behavioural. However, these fundamental features of autism do not appear in the legislated impairment categories. As a result, autistic Australians are effectively excluded from full and fair access to the NDIS, since the scheme cannot fund supports for impairments that are not formally recognised in law.

This legislative gap has significant and immediate consequences: autistic people may be denied the essential supports the NDIS was established to provide. The omission not only undermines the intent and operation of the scheme, but it is also inconsistent with Australia’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which mandates equal recognition and support for all persons with disability.

To ensure that the NDIS meets its purpose and Australia’s human rights obligations, it is imperative that these legislative shortcomings are urgently addressed. Consultation with the autism sector and people with lived experience must inform prompt amendments to reinstate autism-related impairments in the NDIS Act. Only then can the scheme deliver on its promise of inclusion and support for all Australians with disability.


See also https://a4.org.au/node/2730