27/08/2026
Emerge Australia remains concerned about what some of these changes could mean for people with ME/CFS and long COVID, particularly changes affecting access to the NDIS, treatment requirements and how functional capacity is assessed.
We thank everyone in our community who contributed their experiences and perspectives to our advocacy on the Bill, including members of Emerge Australia’s Community Advisory Panel. Your input helped us clearly communicate to decision-makers where the proposed changes could create particular risks for people living with ME/CFS and long COVID.
With the Bill now passed, our focus turns to implementation. Emerge Australia will continue advocating with government, parliamentarians, the NDIA and the broader disability sector to ensure the needs and experiences of people with ME/CFS and long COVID are understood as the new arrangements are developed.
Our key priorities include:
* Ensuring permanence is assessed appropriately for conditions such as ME/CFS and long COVID, where there are currently no evidence-based curative or reliably restorative treatments.
* Ensuring people are not required to undertake treatments that are inappropriate, inaccessible or risk worsening their health, including through post-exertional malaise (PEM).
* Making sure functional capacity assessments recognise PEM, delayed symptom exacerbation and fluctuating capacity, including that being able to do something once does not necessarily mean it can be done safely, reliably or repeatedly.
* Ensuring assessment and NDIS processes are accessible for people who are housebound, bedbound or unable to participate in standard processes without significant health consequences.
* Protecting access to appropriate supports for people with substantial functional impairment, including where support needs are complex.
We know some people in our community may be wondering what these changes mean if they are considering applying for the NDIS. Changes to access and eligibility criteria do not occur until January 2028. Existing participants will be reassessed progressively over 3 years from January 2028.
Eligibility will continue to depend on each person’s individual circumstances and whether they meet the NDIS access requirements. Emerge Australia has developed resources about applying to the NDIS which are available here: https://zurl.co/5m5SJ
The passage of the Bill is not the end of this process. Many important details will be determined through implementation, and Emerge Australia will continue working to ensure the voices and experiences of people with ME/CFS and long COVID are heard.
