📖 Reading Time: 12 min read
Sexual wellness is part of being human. But when disability affects the way someone moves, communicates, connects or experiences their body, accessing intimacy and sexual wellbeing can sometimes involve additional barriers.
So, can the NDIS fund sexual wellness products?
It's a question without quite the straightforward yes - or - no answer you might expect.
The rules surrounding sexuality and the NDIS have changed significantly over the past several years. A landmark Federal Court decision in 2020 brought disability and sexuality into the spotlight, while major NDIS reforms in 2024 introduced clearer boundaries around what the Scheme can and cannot fund.
There is also an important detail that is easy to miss: sex toys were initially proposed for exclusion from NDIS funding in 2024, but were subsequently removed from the final list of supports that are not NDIS supports.
So where does that leave people today?
Let's take a closer look.
The Short Answer
Sexual services and sex work cannot be funded through the NDIS.
Sex toys, however, were removed from the final list of supports that are specifically identified as not being NDIS supports.
That does not mean that sex toys are automatically funded by the NDIS.
The current NDIS framework says participants can only use their funding for items that are NDIS supports, are related to their disability and are in line with their plan. A product also needs to fall within one of the NDIS support categories and meet the applicable requirements.
So the more accurate question isn't simply:
“Is this a sex toy?”
It is:
“Could this particular product meet the NDIS requirements for this participant's disability-related needs?”
And that is where the situation becomes much more interesting.
The NDIS & Sexual Wellness: A Timeline
2020 - A Landmark Federal Court Decision
In 2020, the Full Court of the Federal Court of Australia considered a case involving an NDIS participant with multiple sclerosis who sought funding for specialist sexual services.
The case challenged the idea that sexual activity could simply be excluded from consideration under the NDIS.
The Federal Court found that, in the particular circumstances of that participant, the requested support could satisfy the NDIS's reasonable-and-necessary requirements.
The decision became an important moment in Australia's discussion about disability, sexuality and personal choice.
It is important to understand, however, what the decision did not mean.
It did not create a blanket entitlement for every NDIS participant to use their funding for sex work, sex toys or sexual wellness products.
It concerned the circumstances and evidence relating to that particular participant.
2020 - 2023 - A Wider Conversation
Following the Federal Court decision, discussion around disability and sexuality continued to grow.
Disability organisations and advocates highlighted that people with disability can have the same desires for relationships, intimacy, affection and sexual expression as anyone else.
At the same time, disability can create genuine functional barriers that other people may not experience.
These can include difficulties with:
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movement and positioning,
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hand or limb function,
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communication,
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accessing sexual health information,
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developing relationships,
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expressing preferences,
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maintaining privacy,
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participating in intimate activities independently,
These barriers can affect relationships, confidence, independence and quality of life.
The conversation therefore became much broader than whether the NDIS should fund sexual services.
It became a conversation about sexuality, relationships, choice, dignity and wellbeing.
2024 - Major NDIS Reforms
In 2024, the Australian Government introduced significant reforms designed to clarify what could and could not be funded through the NDIS.
The Department of Social Services initially released draft lists of NDIS supports and non-NDIS supports for public consultation.
The draft non-NDIS list included sex toys, as well as sex work and other categories of goods and services.
The proposal prompted significant discussion within the disability and allied health sectors.
Thirty-eight disability and allied health organisations subsequently endorsed a joint position statement calling for sexuality and relationship supports to remain recognised where they were reasonable and necessary. The statement highlighted examples including accessible sexuality education, relationship support, assistance with positioning and access to adaptive devices.
22 August 2024 - Reform Legislation Passes Parliament
The NDIS Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 passed Parliament on 22 August 2024.
The reforms established a new legislative framework for defining NDIS supports and determining what participants could spend their funding on.
3 October 2024 - New Rules Take Effect
The reforms commenced on 3 October 2024, introducing clearer boundaries around NDIS-funded supports.
One significant change was the exclusion of sexual services from NDIS funding.
The current NDIS guidance continues to state that supports involving sexual services and sex work are not NDIS supports - they support it, but don't fund it!
But something else happened during the consultation process.
2024 - Sex Toys Are Removed From the Final Exclusion List
Following public consultation, the Department of Social Services published its final consultation report.
Under the section dealing with sex toys, the report states:
“Sex toys have been removed from the list of non-NDIS supports.”
This is an important distinction.
It does not mean the NDIS created a new category of funding for sex toys.
It means that sex toys were not retained as a specifically excluded category in the final non-NDIS list.
The current NDIS framework still requires any item purchased with NDIS funding to qualify as an NDIS support, relate to the participant's disability and be consistent with their plan.
That is why the answer cannot simply be “yes” or “no”.
Could a Sexual Wellness Product Be Assistive Technology?
This is perhaps the most interesting part of the discussion.
The NDIS funds assistive technology - equipment or devices that help a person do things they cannot do because of their disability.
Current NDIS guidance says assistive technology must be:
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directly related to the person's disability,
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helpful in working towards their goals,
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something the NDIS rules allow it to fund,
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supported by evidence,
Assistive technology can range from relatively simple, low-cost items through to complex or customised equipment. It can be purchased from a store, modified or custom-made.
This raises an interesting question:
Could a particular sexual wellness device ever be considered assistive technology for a person with disability?
The current NDIS guidance does not specifically identify sex toys as an approved category of assistive technology.
So we should not tell anyone that an adult toy will qualify.
At the same time, the fact that sex toys were removed from the final list of non-NDIS supports means we should also avoid saying that every sex toy is automatically prohibited simply because of its purpose.
The determining issue would be whether the particular product can meet the NDIS requirements.
What Would Need to Be Demonstrated?
This is where evidence becomes extremely important.
The NDIS says evidence plays a significant role in assistive-technology funding decisions.
Depending on the type and cost of the technology, evidence can include:
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Product trials,
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Previous use of assistive technology,
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Research or literature reviews,
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Expert opinions,
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Evidence of effectiveness,
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Evidence relating to safety,
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Information showing why the technology is appropriate for the participant's needs,
For more complex assistive technology, an assessment may also need to explain the participant's needs, how the technology will help, why the particular item is appropriate and why it represents value for money.
This means that simply saying:
“This product makes me happier.”
would not, by itself, establish NDIS eligibility.
There would need to be a much clearer connection between:
The person's disability → their functional limitation → the proposed technology → their goals → the expected benefit.
That distinction is incredibly important.
What Could a Disability-Related Argument Look Like?
Imagine someone whose disability significantly affects their hand function, mobility or ability to position themselves independently.
They may experience a genuine functional barrier that affects their ability to participate in intimate activities.
If a particular device were being considered to address that specific disability-related limitation, the relevant questions could include:
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What functional difficulty is caused by the disability?
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What goal is the participant working towards?
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Why is this particular technology needed?
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Has it been trialled?
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Is it safe?
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Is it effective?
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Is it the most appropriate option?
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Is it reasonably cost-effective?
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Is there another way of achieving the same outcome?
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Does the item fall within an NDIS support category?
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Is the proposed purchase permitted under the current rules?
Those are very different questions from simply asking whether the product is an adult toy.
What About Mental Wellbeing and Quality of Life?
This is another important part of the conversation.
Sexual wellbeing can be connected with intimacy, confidence, relationships, self-expression and overall quality of life.
For some people living with disability, being unable to participate in intimate activities can affect emotional wellbeing and relationships.
But there is an important distinction:
A product improving someone's wellbeing does not automatically make it an NDIS-funded support.
The NDIS says that goals are only one part of the funding decision. A participant may have a perfectly legitimate goal, but the NDIS can only fund supports that meet the relevant requirements.
So a stronger disability-related argument would not simply be:
“This product makes me happier.”
It would be closer to:
“My disability creates a specific functional limitation, and this particular technology addresses that limitation in a way that supports my goals and provides a demonstrable benefit.”
That is the kind of distinction that matters within the NDIS framework.
What About Sexual Services?
This part is considerably clearer.
The 2020 Federal Court decision is an important part of the history, but the current rules are different.
The NDIS currently identifies sexual services and sex work as supports that are not NDIS supports.
Therefore, NDIS funding cannot currently be used for sexual services or sex work.
The 2020 case remains important because it explains why sexuality became such a significant issue in the NDIS debate.
It should not, however, be interpreted as describing the current funding position.
Why Sexual Wellness Matters for People With Disability
The funding question is only one part of a much bigger conversation.
Sexual wellness can involve:
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Intimacy,
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Relationships,
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Affection,
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Communication,
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Consent,
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Sexual health,
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Body confidence,
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Privacy,
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Self-expression,
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Personal choice,
Disability does not remove someone's sexuality.
People living with disability can fall in love, form relationships, experience attraction, enjoy intimacy and make personal decisions about their bodies.
For some people, disability simply changes how those experiences are accessed.
That is why disability and sexuality deserve to be part of the same conversation.
A 2024 joint position statement endorsed by disability and allied health organisations argued that sexuality and relationship supports should be recognised within disability support and highlighted the importance of choice, dignity and participation.
The current NDIS rules may place boundaries around what the Scheme can provide, but that does not make sexual wellbeing irrelevant.
What Should You Do If You're Considering a Product?
If you're an NDIS participant wondering whether a particular sexual wellness product could be relevant to your disability-related needs, the safest approach is to start with the need, rather than the product.
1. Identify the disability-related barrier
What specific difficulty does your disability create?
2. Consider your goal
How does addressing that difficulty relate to what you're trying to achieve?
Remember that having a goal does not automatically mean every support connected with that goal will be funded.
3. Seek appropriate professional advice
An occupational therapist or appropriately qualified assistive-technology professional may be able to assess your functional needs and advise whether a particular technology is appropriate.
4. Consider the evidence
Depending on the type, cost and risk of the technology, evidence may include professional advice, product trials, expert opinion and information about effectiveness and safety.
5. Don't assume a recommendation means approval
The NDIS specifically states that a recommendation from a health professional does not guarantee that the technology can be funded.
6. Check before spending your plan funds
The NDIS warns that participants may have to repay money spent on items that are not NDIS supports or aren't used in line with their plan.
If you're uncertain, clarify the position before making the purchase.
The Bigger Picture
The conversation around sexuality and disability has changed considerably over the past few years.
The 2020 Federal Court decision demonstrated that sexuality could not simply be dismissed as irrelevant to disability.
The 2024 reforms then introduced clearer boundaries around NDIS funding, particularly in relation to sexual services and sex work.
At the same time, the final position on sex toys was more nuanced than the original proposal.
They were included in the draft list of non-NDIS supports, but following consultation, sex toys were removed from the final non-NDIS list.
That does not create an automatic entitlement to NDIS funding.
Instead, it leaves the question within the broader NDIS framework:
Does the particular product qualify as an NDIS support, is it related to the participant's disability, is it consistent with their plan, and does it meet the relevant funding requirements?
For assistive technology, the evidence surrounding the person's functional needs, the proposed technology, safety, effectiveness, goals and value for money can all be important considerations.
Ultimately, however, the NDIS makes the funding decision.
The Bottom Line
So, can the NDIS fund sexual wellness products?
The answer depends on the product and the circumstances.
Sexual services and sex work
No.
These are specifically identified as supports that are not funded by the NDIS under the current framework.
Sex toys
The situation is more nuanced.
Sex toys were included in the original 2024 draft list of non-NDIS supports but were removed from the final list following consultation.
That does not mean that sex toys are automatically NDIS-funded.
A product still needs to meet the current NDIS requirements for an eligible support, including being related to the participant's disability and consistent with their plan.
If a product were being considered as assistive technology, there would need to be a clear connection between the person's disability, their functional limitation, their goals and the proposed technology, supported by appropriate evidence.
And ultimately, the NDIS - not a retailer and not an individual health professional - decides whether a particular support can be funded.
For anyone considering using NDIS funding for a sexual wellness product, the safest approach is to understand the current rules, seek appropriate professional advice where necessary and confirm eligibility before spending plan funds.
But there is another message worth remembering.
People with disability have the right to understand their bodies, build relationships, explore their sexuality and experience intimacy without shame.
Sexual wellness is part of wellbeing.
And conversations about disability should include the whole person - not just the parts that are easiest to talk about.
At LubeLady, we believe:
Confidence begins with knowledge.
And sometimes, knowing the rules is the first step towards understanding your options.
Helpful Resources
NDIS — What Are NDIS Supports?
The official NDIS information explaining what can and cannot be purchased with NDIS funding.
NDIS — Guide to Assistive Technology
Information about assistive technology, evidence, recommendations and funding requirements.
NDIS — What Is Assistive Technology?
An explanation of how the NDIS considers disability-specific assistive technology.
True Relationships & Reproductive Health — Joint Position Statement: NDIS and Sexuality
A valuable resource exploring sexuality, relationships and disability.
People with Disability Australia — Joint Position Statement: NDIS and Sexuality
A broader disability-sector perspective on sexuality, relationships and NDIS supports.
Important: This article is intended for general education and information only. It is not legal, medical, financial or NDIS funding advice. NDIS legislation, rules and guidance can change. Always check the current information from the NDIS and seek appropriate professional advice before using NDIS funds.
