‘NDIS Supports’ definition: who’s confused?

On 30 July 2025, the Government published its report on the August 2024 ‘Consultation on Draft Lists of NDIS Supports’.

The report is very late.

The report and its timing may confuse some participants and providers.

Here is a quick recap:

The Government published its draft “in” and “out” lists to define NDIS Supports on 4 August 2024 – almost a year ago.

The consultation period was very short: 4-to-25 August 2024.

Participants, providers, advocates and others found the time to respond to the consultation: the Government received more than 7,000 responses and submissions.

The Government imposed its transitional rules for NDIS Supports on everyone on 3 October 2024 – almost 10 months ago.

Until 30 July 2025:

• it was unclear whether the Government had listened to anyone who responded or made submissions;
• some participants and providers thought that:
  • they had wasted their time responding to the consultation paper; and/or
  • the Government had ignored their submissions; and/or
  • there was no real consultation about the NDIS support lists – the Government had already ‘made up its mind’ when it published the lists.

As predicted by many people who responded to the consultation, the “in” and “out” lists have been difficult to apply in practice.

The report shows that the Government knew about many of the problems with the lists, including:

• the application of black-and-white inclusion and exclusion rules to “grey areas” at the intersection between disability-related supports and mainstream health care and mental health care (e.g., pp 13, 29-32);
• the practical effects of excluding particular supports for a person with disability when there are well-known, significant gaps in early childhood, health, education, aged-care and other mainstream supports and systems for people with disabilities (e.g., pp 10, 13, 33-35);
• the practical challenges of establishing whether an individual’s specific need in a given case may relate to their disability, healthcare, educational attainment, or employment (e.g., pp 10, 33-34);
• the meaning and scope of ‘evidence-based’ therapeutic supports (e.g., pp 17-18); and
• confusion about how the rules apply to the funding of various specialist and standard products and equipment, and different assistive technologies, and communication devices and information equipment (e.g., pp 11, 20, 25).

On 16 June 2025, the Government launched another consultation on the definition of NDIS Supports – this time to replace the transitional rules with a “final definition”.

This second consultation closed on 27 July 2025.

We look forward to reading the next consultation report.

Hopefully, this time the Government will give participants, providers and other stakeholders an opportunity to see and comment on the proposed new definition well before the new definition comes into effect.