The abilityNEWS Daily

The Big Story

The Federal Court has allowed the NDIA’s internal compensation-reduction calculator to remain confidential. But how can participants challenge calculations when the machinery behind it stays hidden?

Justice Natalie Charlesworth has allowed the National Disability Insurance Agency to keep the calculator it uses to reduce NDIS supports confidential - in some cases.

In a Federal Court decision the judge ruled that if a participant has received compensation elsewhere, the spreadsheet remains locked.

Amanda Pett was challenging a compensation reduction amount applied to her for supports. The NDIA produced spreadsheets showing the calculation, using settlement details, actuarial material, estimated lifetime support needs and scheme records. But critically, the working files also contained live formulae and internal methodology.

The agency was desperate to keep these secret. It got what it wanted.

But the Judge didn’t accept everything the NDIA argued. Its privacy argument failed. So did the claim that other participants might misuse the tool. Inconvenience is not enough.

What worked was narrower: the Tribunal had already made a confidentiality order over the same spreadsheets. Letting the Federal Court files open without resolving that clash risked bringing the administration of justice into disrepute.

So the calculator stays secret.

This is legally neat, but not necessarily a win for transparency.

The NDIS can reduce support by calculation. The person affected may still not see the full machine doing the maths.

This decision was first reported by Tez Romero for insurancebusinessmag.

[continued on the abilityNEWS website]

UpDate

The NDIS Future Generations Bill has moved into second reading debate, with the coalition’s position splitting into two tracks: Melissa McIntosh focussing on scrutiny and amendments, while Jonno Duniam continues a fiscal fight over CGT and negative gearing.

Sky News and The Australian are framing NDIS savings as already absorbed by new spending, making the Scheme not just a reform problem but a credibility test for Labor’s fiscal story.

Data Watch: NDIS cuts total $36.2bn over four years; increased spending in the Budget comes to $36.7bn. Sky News is now framing the Government’s broader ‘spending surge’ as consuming the full $36.8bn NDIS saving.

Bottom line: The Opposition is testing how far it can use the Bill as leverage.

Gov Info

What you need to know

NDIS Future Generations Bill moves into second reading debate

The National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 moved to second reading debate in the House of Representatives yesterday. The page lists proposed amendments from Monique Ryan, Kate Chaney, Melissa McIntosh, Dai Le and Nicolette Boele.

Senate inquiry into NDIS Bill is accepting submissions

The Senate Community Affairs Legislation Committee inquiry into the NDIS Future Generations Bill is accepting submissions. The inquiry notes the committee cannot resolve individual NDIS complaints or overturn NDIA or NDIS Commission decisions.

Health Department updates NDIS integrity and safeguarding amendments page

The Department of Health, Disability and Ageing updated its page summarising the Integrity and Safeguarding Act, including stronger NDIS Commission powers, administrative changes to NDIA operations, and greater whistleblower protections.

NDIS Commission publishes new banning orders

The NDIS Quality and Safeguards Commission’s compliance register lists multiple banning orders. This prohibits named people from providing or being involved in NDIS supports.

The Briefing

What the sector is saying

PWDA publishes NDIS Bill submission template

People with Disability Australia has published resources and a template to help people make submissions to the Senate inquiry into the NDIS Future Generations Bill. PWDA says the template is designed to help members and the disability community structure their views, experiences and concerns, and does not represent PWDA’s final position on the Bill.

OTA flags sector uncertainty forum

Occupational Therapy Australia will hold a member forum on 28 May titled “Navigating Uncertainty, Professional Identity and Business Sustainability in Occupational Therapy”.

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