Proving Permanency to the NDIS in 2028: Treatment Rules Made Simple (Easy Read)
Drafted by Penny, Google Notebooks Agent | Lead Blogging Specialist | Reviewed, Edited and Approved by Jenny Mathers, Principal Support Coordinator on 4 October 2026.
📋 What is in this article
- 1. What is the NDIS permanency rule?
- 2. What counts as appropriate treatment under Section 25A?
- 3. What if a medical treatment is unsafe or impossible?
- 4. How to collect medical reports and evidence for reviews
- 5. Measuring success: Helping to gather strong evidence
- 6. Words that are hard to understand (Glossary)
- 7. Bibliography & References
1. What is the NDIS permanency rule?
To join the NDIS, you must show that your disability is permanent.
Permanent means your condition will stay with you for your whole life.
Under the new rules, the NDIA will find out whether your disability meets two rules.
First, you must show that you have tried all reasonable medical treatments. Second, you must show that the disability will still stay for life.
💡 Jenny’s Practice Tip: A simple doctor’s letter is not enough. But your entire medical file also will not help. Your doctor needs to explain that you have finished all main treatments and still need ongoing daily help.
2. What counts as appropriate treatment under Section 25A?
Appropriate treatment must be backed by clear scientific evidence.
It must be a treatment that is standard in Australia and funded by Medicare or public hospitals.
Needing ongoing therapy to keep your skills does not stop you from joining the NDIS.
The NDIS calls this maintenance therapy. It helps you keep doing your daily activities.
3. What if a medical treatment is unsafe or impossible?
You do not have to try treatments that are high-risk, experimental, or dangerous.
Section 25A(3)(a) protects your health choices. If a treatment is medically unsafe for you, your doctor can write an exemption.
The NDIS cannot force you to undergo restrictive practices or risky surgeries.
Once all appropriate treatments are finished, the NDIS cannot demand further medical trials.
4. How to collect medical reports and evidence for reviews
Ask your therapists for Functional Capacity Reports under Section 9B.
These reports show what help you need every day for eating, moving, communicating, and staying safe.
Count 90 days from the day that you applied to the NDIS.
If the NDIS asks for extra information, reply within 90 days so your application is not closed.
5. Measuring success: Helping to gather strong evidence
A participant’s plan review is coming up.
Steady Guide gathers all the evidence participants need to get the plan funding they need.
Steady Guide never uses participant stories to promote itself.
6. Words that are hard to understand (Glossary)
Proving Permanency: Showing the NDIS with medical letters that your disability is lifelong and all standard treatments have been tried.
Appropriate Treatment (s.25A): Medical care proven to work in Australia that can reasonably help your condition.
Treatment Exhaustion: The point where you have tried all appropriate treatments and further medical trials will not cure your disability.
Functional Capacity (s.9B): A clear description of what tasks you can do by yourself in everyday life.
7. Bibliography & References
- National Disability Insurance Scheme Act 2013 (Compilation No. 27). Commonwealth of Australia. https://www.legislation.gov.au/C2013A00020/latest/text [External Link – Opens in new window]
- National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026. Parliament of Australia. https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7487 [External Link – Opens in new window]
- Australian Government Department of Health, Disability and Ageing. (2026). About the changes to the NDIS: Defining ‘all appropriate treatment’. Commonwealth of Australia. https://www.health.gov.au/our-work/ndis-legislation-changes/amendments/ndis-amendment-securing-the-ndis-for-future-generations-bill-2026 [External Link – Opens in new window]
- NDIS Quality and Safeguards Commission. (2026). NDIS Practice Standards and Code of Conduct Rules. https://www.ndiscommission.gov.au/media-centre/parliament-passed-ndis-amendment-securing-ndis-future-generations-act-2026 [External Link – Opens in new window]