NDIA under fire after cutting client's NDIS access following talkback segment

Posted on 16 Jul 2025

By Nick Place, Institute of Community Directors Australia

Shutterstock wheelchair — Reaction to an NDIA decision has led the sector into deep water. Pic: Shutterstock

The disability sector has reacted sharply to a media report last week that the National Disability Insurance Agency appeared to summarily cancel a client’s access to the NDIS in the wake of a talkback radio segment.

An article by Rick Morton in the Saturday Paper quoted internal emails and other sources to suggest that NDIA chief executive Rebecca Falkingham’s executive team had not followed their own policies in removing the disabled person’s support after talkback radio queried whether the participant was a “rort risk”.

Radio host Ben Fordham cherry-picked selected YouTube clips of the disability advocate and NDIS participant to suggest the claimant was using buzz words and coaching doctors to boost access to the support. According to the Saturday Paper, no attempts were made to contact the NDIS participant’s medical practitioners or to officially investigate the claims. The participant was simply barred from accessing services – until reinstated 10 months later.

A spokesperson for the NDIA told the Community Advocate the agency had conducted itself legally and in line with the NDIS Act throughout.

“The Agency has zero tolerance for anyone who seeks or encourages people to rort the Scheme,” they said. “We had information which indicated the individual authored their own medical reports, encouraged others to undertake the same processes via YouTube promotion and used NDIS funds to pay family members.

“This triggered an eligibility reassessment which found that based on the current information, this person did not continue to meet the eligibility criteria.

“As per a participant’s right, they requested a review of this decision through to the Administrative Review Tribunal (ART).

“New information was provided during these proceedings which informed resolution of the ART proceedings and access to the scheme.”

“People with disability who rely on NDIS supports must not be placed at risk or live in fear that they will be summarily removed from the Scheme for their advocacy, views or any arbitrary decision of senior NDIA staff.”

Disability sector joint statement

However, not everybody in the wider sector is comfortable with the way the events played out.

In the wake of the article, a group of disability representative organisations has written to the NDIA registering its dismay at the reported events, seeking “urgent clarification” on issues raised, and calling for accountability within the organisation.

NDIS support is critical for people living with disability.

“People with disability who rely on NDIS supports must not be placed at risk or live in fear that they will be summarily removed from the Scheme for their advocacy, views or any arbitrary decision of senior NDIA staff,” the joint statement said. “If there are concerns about whether a person with disability meets the eligibility criteria for the NDIS, this must be dealt with in accordance with procedural fairness and operational guidelines.”

Signatories to the statement included Women With Disabilities Australia, the Australian Autism Alliance, the Australian Federation of Disability Organisations, Children and Young People with Disability Australia, Community Mental Health Australia, Disability Advocacy Network Australia, Down Syndrome Australia, First Peoples Disability Network Australia, Inclusion Australia, the National Ethnic Disability Alliance, People with Disability Australia and Physical Disability Australia.

They are calling for an independent inquiry by the Commonwealth Ombudsman, in consultation with the Disability Discrimination Commissioner, into the reported case, and potentially others, where the NDIA has “acted to remove people with disability from the NDIS without due process or fair treatment.” They have also requested access to all legal advice related to these actions, and for an urgent roundtable between disability representative organisations, the NDIA acting CEO and senior staff, and NDIS Minister Jenny McAllister.

The NDIA said it “welcomes all feedback from the disability community, as we continue to strengthen the NDIS so it is meeting the needs of our participants.”