NDIS Changes To Legislation: Understanding Impairment Notices (Section 32BA)
Key changes to NDIS Legislation
If you or a loved one are an NDIS participant or are applying to access the NDIS, there are some important changes to know about with the updates to disability and early intervention requirements and support for impairments that came into effect on 3 October 2024.
This blog post is part of our series on the key changes. For the big picture first, read our introduction to the series. You can also read the full summary of NDIS legislation changes on the NDIS website here.
At A Glance
Who does this affect?
Anyone with a NDIS plan that's approved or varied on or after 3 October 2024. That's when the new rules started.
What does it mean?
From now on, the NDIS will only fund NDIS supports that relate to the impairments you meet the disability and/or early intervention requirements for. Each NDIS support still needs to pass the reasonable and necessary test.
What’s changed?
Based on the new regulations, the NDIS will only fund NDIS supports for the impairments that meet the disability or early intervention requirements, or both.From 1 January 2025, for new applicants, when you become an NDIS participant, you will receive a
notice of impairments along with your access decision letter. Your notice of impairments will list the impairment categories you met access for.In NDIS terms, an impairment is a loss of or damage to how the body functions. The NDIA then looks at how that affects day to day life.
Under the new rules, the NDIS looks at evidence that a disability is linked to at least one of the impairments in these categories: Intellectual impairment, Cognitive impairment, Neurological impairment, Sensory impairment, Physical impairment, Psychosocial impairment.
Need help? Reach out to our team to learn more on 1800 275 223 or on our contact page.
What is an impairment?
The NDIS is only available to people who have a disability caused by a permanent impairment.
The NDIA considers an impairment to be a loss of or damage to how the body functions.
An impairment affects your body's functions, your body structure and how you think and learn.
Under the new rules, the NDIS looks at evidence that a disability is linked to at least one of the impairments in these categories.
The NDIS will also take into consideration if you have more than one impairment.
Source: NDIS Our Guidelines – information correct as at 1 September 2025
| Impairment category | What this includes |
|---|---|
| Intellectual impairment |
|
| Cognitive impairment |
|
| Neurological impairment |
|
| Sensory impairment |
|
| Physical impairment |
|
| Psychosocial disability |
|
Impairment Notices
Here is an example of how the updated process works:
Oscar* recently became an NDIS participant. Oscar has a permanent impairment relating to his spinal cord injury.
Oscar receives an access decision letter that includes a Notice of impairments.
His notice lists the impairment categories that apply to him, which are physical and neurological.
At his first planning conversation, they talk about the NDIS supports that relate to those impairments, and Oscar understands he can apply to vary his Notice of impairments at any time.
Source: *Oscar is a fictional example, sourced from NDIS: https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis Applying to the NDIS (PDF), pp. 27–28
What does this mean if you became an NDIS participant before 1 January 2025?
The NDIA has yet to confirm a date of when the notice of impairments will be sent to existing NDIS participants. So if you became an NDIS participant before 1 January 2025, you won't have a notice of impairments sent to you and you may not be aware of what impairments are listed.
When your plan is up for reassessment, it's important to find out what the impairments are because the NDIS supports in your plan must relate to the impairments that meet the disability or early intervention requirements, or both.
Only NDIS applicants after the 1 January 2025 will receive a notice of impairments.
For existing NDIS participants
If you don’t receive a notice of impairments or you were an existing NDIS participant before the 1 January 2025, you or your authorised nominee can contact the NDIS and request a copy of the information held. This is called a Personal Information Access request.
For new NDIS participants
If you applied to access the NDIS on or after 1 January 2025, your access decision letter will include a Notice of Impairments that lists the impairment categories you met access for.
The NDIA sends you an access decision letter to tell you the outcome. And when your plan is approved, you'll see it in myplace and also receive a printed copy (in person or in the mail) in your preferred format, so keep an eye on both your portal and your post.
Why your listed impairment matters
Your listed impairments guide conversations about supports that are reasonable and necessary for you.
It's really important that your disability category and impairment details are recorded correctly, as this helps make sure you get the right level of funding for the supports you need. If things aren't captured properly, there's a risk that your future plan may have less funding, which could mean you might not be able to keep all the services you currently rely on.
At BCD, our Senior Care Worker is here to guide you through your plan reviews. We help make sure you have the right reports and information to support your needs, so you can continue receiving the services that make a difference in your everyday life.
The NDIA must be satisfied each support meets all the reasonable and necessary criteria and fits as part of your NDIS funding and plan, so being clear on your impairment and functional needs is important when it comes to your plan reassessment or you are asking for a change in your NDIS plan.
It also helps you target your evidence toward the right life areas before a plan meeting.
Need help? Reach out to our team to learn more on 1800 275 223 or on our contact page.
New participants: what to know first
If you're new to the NDIS, you'll be asked for evidence of disability that shows your impairments are likely to be permanent and how it affects your daily life. Evidence should be recent, from the right professionals, and explains functional impact, not just diagnosis.
The NDIS has two lists (A & B) that can help.
Where to find the Conditions Lists A & B
Source: NDIS Our Guidelines website - image of Applying to the NDIS PDF page 32
You'll find two helpful lists in the Applying to the NDIS PDF: List A (page 32) and List B (page 34) available on the NDIS Our Guidelines website on this link.
List A shows conditions that are likely to meet the disability requirements. If a person provides evidence of a List A condition, the NDIA will likely decide they meet the disability requirements. Further information may still be required.
List B shows conditions that are likely to result in a permanent impairment, but how much it affects daily life can vary.
A person who is diagnosed with a List B condition will need to show the impact of their impairment: that it substantially reduces functional capacity (for example in moving, communicating, learning, self-care or self-management), limits social or work participation, and that NDIS supports are likely to be needed for life.
You can read more about List A and List B on the NDIS Our Guidelines website.
If you meet these requirements, you typically need ongoing support.
Useful evidence can include medical reports, allied health assessments and functional assessments that clearly link your impairment to day to day needs. This helps the NDIA understand whether the disability requirements are met.
Learn More
To learn more about Disability Requirements and Impairments you can read our blog post here or visit the
NDIS Our Guidelines website.
We've created an easy to read guide on understanding the NDIS here or check out our FAQs.
In our next blog post, we'll take a look at changes to Funding Periods and what that means for NDIS participants.
Need Help?
If you're looking for support with managing your NDIS plan, we're here to help. Feel free to reach out if you'd like to learn more about our disability support. . Call the BCD team on 1800 275 223, we're here to help you.
At BCD, our disability support services are all about helping individuals with disabilities achieve their goals, grow their independence, and enjoy a life full of possibilities.
Information correct as at 8 September 2025. Please refer to the NDIS website for the latest updates.
Sources:
NDIS Summary of Legislation Changes - https://www.ndis.gov.au/changes-ndis-legislation/summary-legislation-changes
Applying To the NDIS - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis
Impairments - NDIS Our Guidelines – page 6 & 7 Applying To The NDIS.
Impairment FAQs - https://www.ndis.gov.au/changes-ndis-legislation/frequently-asked-questions-about-legislation#impairments
NDIS Our Guidelines – page 9 Applying To The NDIS. information correct as at 1 September 2025
NDIS Our Guidelines - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis/what-happens-after-we-decide
NDIS Eligibility & Early Intervention FAQ - https://www.ndis.gov.au/applying-access-ndis/how-apply/information-gps-and-health-professionals/eligibility-and-early-intervention-faq
Disclaimer
The information provided in this blog post is for informational purposes only and should not be considered as legal, financial, or professional advice. While we strive to ensure the accuracy of the content, we encourage you to visit the relevant government websites for the most up-to-date and official information.