National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

ACTU Submission on Provisions Relating to Workers’ Compensation

The ACTU’s submission focuses on the impact of the proposed amendments on injured workers who, following a disputed workers’ compensation claim or the exhaustion of their workers’ compensation entitlements, continue to require ongoing treatment, rehabilitation, medical care and other supports.

The ACTU recognises the importance of ensuring that public support systems operate coherently and that overlapping benefits are avoided. Where workers are actively receiving compensation and benefits through workers’ compensation schemes, it is appropriate to avoid duplication of support through the National Disability Insurance Scheme (NDIS).

The explanatory memorandum states that the proposed amendments pursue the legitimate public policy objectives of avoiding duplication of benefits and ensuring public resources are allocated efficiently. However, the ACTU notes that the NDIS legislative framework already includes mechanisms that address these objectives, including provisions that take account of workers’ compensation benefits and statutory lump sum payments when determining NDIS support.

The ACTU is concerned that the proposed amendments in the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generation) Bill 2026 may result in gaps in coverage where workers are not receiving workers’ compensation, or where entitlement to compensation is disputed, but permanent impairments and ongoing support needs remain. In these circumstances, workers must be able to access an alternative system of support.

Legislative frameworks should ensure that injured workers are supported by either workers’ compensation or the NDIS, and that no individual is left without access to necessary supports due to the interaction between the two schemes.

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