Dear NDIS Ministers

Subject: unfair/unreasonable NDIS Compensation recovery legislation

I write to express deep disappointment and alarm at how the NDIS is using its compensation recovery legislation – Chapter 5 — Compensation payments of the NDIS Act 2013. I am aware of the NDIS “recovering” and thereby profiting from compensation for sexual abuse of individuals with disability who were sexually abused and subsequently compensated. 

Legislation that requires the NDIS to profit from sexually abused people with severe or profound disability, and other personal injury that is not directly disability-related, is unacceptable: it is a major flaw in the NDIS legislation. The original Productivity Commission report did not advise this is something that the NDIS should do. 

Parts 2 & 3 of Chapter 5 are too broad. And Part 4 may be too vague. 

Changes to the NDIS Act 2013 have narrowed/limited NDIS supports to the impairments for which the NDIS participant accesses the NDIS. Yet the section on compensation remains unreasonably broad: it requires the NDIS to recover all personal injury compensation whether or not it is related to impairments that the NDIS provides support for. 

Surely, this is not what your government intends should happen.

This is a massive disadvantage for NDIS participants. I am not aware of any legislation that deprives other victims of sexual abuse, or other arbitrary person injury, of any compensation that they might receive. I simply cannot see how this legislation can be justified.

Please review immediately Chapter 5 — Compensation payments of the NDIS Act 2013 to properly address this issue. 

Yours sincerely

Bob Buckley
Co-convenor

30/07/2026