When navigating the NDIS as a parent or carer of a child with disability, one term that often comes up is “parental responsibility.” But what does it actually mean in the context of the NDIS, and how does it affect the supports your child may receive?
Let’s have a close look at how parenting and roles are seen by NDIS.
What Is Parental Responsibility Under the NDIS?
In legal terms, parental responsibility refers to the authority to make decisions and take actions on behalf of a child. Under the NDIS Act 2013, a person has parental responsibility if:
- They are the child’s parent and legal representative
- They are named in a parenting order (under the Family Law Act 1975) as someone the child lives with, spends time with, or who is responsible for their care and development.
- They are the child’s legal guardian under Commonwealth, State, or Territory law.
In most cases, this means a child’s parents or legal guardians are automatically considered their child representatives for NDIS purposes.
Why Does It Matter?
The NDIS uses the concept of parental responsibility to determine:
- Who can act on behalf of a child in planning and decision-making.
- What supports are considered reasonable and necessary, versus what falls under the “normal” duties of a parent.
This distinction is crucial because the NDIS is designed to fund supports that are disability-specific, not those that are part of everyday parenting.
Parental Responsibility vs Disability-Specific Support
Here’s where things get nuanced. The NDIS expects parents to provide a baseline level of care, just like they would for any child, with or without a disability. This includes things like:
- Meal preparation
- Transport to activities & appointments
- Basic supervision
- Morning and evening routines
- Household chores and cleaning
- Basic emotional support and behaviour management
- Teaching social norms, manners, and safety awareness
These are considered parental responsibilities and are generally not funded by the NDIS.
When It Might Shift to NDIS Responsibility
Some of these tasks may become NDIS-funded if:
- The child’s disability significantly increases the time, complexity, or intensity of the task.
- There is evidence that the support is disability-specific and not typical for a child of that age.
- The parent’s capacity is significantly impacted (e.g., multiple children with high needs, single parenting, or carer burnout)
This includes things like;
- Assisting with showering, toileting, dressing, and grooming when functional capacity is lower than that of similar aged children
- Helping with eating and drinking if the participant has physical or cognitive challenges
- Preparing tailored or dietary specific meals
- Managing medication schedules and prompting timely intake
- Supporting attendance at social events, recreational activities, or community programs, where the child is requiring 1:1 support
- Facilitating hobbies, sports, or group outings to reduce isolation and build social skills
- Driving or accompanying participants to medical appointments, therapy sessions, or social activities.
- Supporting participants with anxiety, depression, or other mental health challenges
- Assisting with building independence in daily tasks
The key is whether the support is reasonable and necessary due to the child’s disability, not just because parenting is hard (which it often is!)
Who Decides What’s Reasonable?
NDIS planners use guidelines and legislation to assess what’s reasonable to expect from families. Your allied health professionals use these same guidelines. They consider:
- The child’s age and developmental stage.
- The severity and nature of the disability.
- The impact on family wellbeing.
- Whether the support builds the child’s or family’s capacity.
Advocating for Your Child’s Needs Beyond Parental Responsibility
If you believe your child’s support needs exceed what’s considered typical parenting, it’s important to clearly document and communicate how their disability impacts daily life. We recommend working alongside your Occupational Therapist to articulate this clearly within the Functional Capacity Assessment.
Use examples that show how tasks take significantly more time, effort, or expertise than would be expected for a child of the same age without a disability. Keep records of therapy reports, behavioural assessments, and any professional recommendations that highlight the intensity or complexity of care.
During NDIS planning meetings, don’t hesitate to explain how these challenges affect your family’s wellbeing and capacity to cope.
The more specific and evidence-based your advocacy is, the easier it becomes for planners to distinguish between general parenting and disability-related support, and to approve the right funding.
Seed Disability Is Here To Support You
Understanding what the NDIS means by “parental responsibility” helps families advocate effectively for the supports their child needs. It’s not about judging parenting, it’s about ensuring that disability-related needs are met, while recognising the role parents play in everyday care.
If you’re unsure whether a support request falls under parental responsibility or disability-specific need, talk to your NDIS planner or reach out to our Support Coordination team here at Seed Disability. The goal is to strike a balance that supports both child and family, and we can help find that balance with you!
