Christian Porter (Pearce, Liberal Party, Minister for Social Services) Share this | Hansard source

I thank all members for their contribution in the second reading debate on the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017. The bill establishes a national independent body, the NDIS Quality and Safeguards Commission, to protect and prevent people with disability from experiencing harm. The NDIS is, of course, one of the largest social and economic policy reforms in Australia's history. At full scheme it is estimated that the NDIS will be supporting around 460,000 Australians with a disability. At that time the NDIS will be injecting $21 billion per year, each year, into the Australian economy.

The NDIS operates in a rapidly expanding market, driven by participant choice. Already participants are starting to exercise choice and control, and new innovative delivery models are constantly emerging.

The NDIS is a transformational social policy which has been delivered by this government. This will require a new, nationally consistent approach to quality and safeguards. This is critical to ensure that the new market based system delivers quality services and supports to people with disability in a way that promotes choice, control and dignity, and upholds basic human rights.

In February 2017, the Council of Australian Governments Disability Reform Council released the NDIS Quality and Safeguarding Framework. The framework was developed in consultation with a range of key stakeholders, including people with disability, their families, carers and providers as well as peak bodies. The bill is a very important step towards implementing the framework and giving effect to the Commonwealth government's regulatory responsibilities.

The commissioner will be responsible for overseeing quality and safeguards for full implementation of the NDIS, including information linkages and capacity-building elements of the scheme. The commissioner will also oversee quality and safeguards in other programs, including Commonwealth-funded advocacy services and older people with a disability who are receiving supports under the Commonwealth Continuity of Support Program—specialist disability services for older people.

The bill establishes compliance, complaints and risk management arrangements for the registration, and regulation of NDIS providers, including practice standards, a code of conduct, and mechanisms for complaints and reportable incidents. The commissioner will also be responsible for national oversight and policy settings in relation to worker screening, behaviour support and monitoring the use of restrictive practices within the NDIS, with the aim of reducing and eliminating such practices.

This bill will further the objects and principles of the act, and empower people with disability to exercise choice and control in the planning and delivery of supports and services under the NDIS. The proposed amendments mean that people with disability, their families and carers will have one single body to which they can raise concerns about the quality of supports or services, and a single source of nationally consistent and transparent information about NDIS providers.

For providers, the new national approach will enable a single registration and regulatory system across participating jurisdictions, reducing duplication and providing national consistency. The bill is intended to balance the need to provide appropriate protections that meet the Commonwealth's obligations in relation to regulation of the NDIS-funded supports and services, with the need to enable participants to take reasonable risks themselves so that they can reach their own goals. It is also intended to suit an emerging market based system in which participants are building their capacity to act as informed consumers. The workforce is growing rapidly, and new providers are regularly entering the market with innovative ideas and different models of providing services.

This bill complements and strengthens the existing measures to remove discrimination against people with disability in Australia and to provide them with support and assistance, such as the Disability Discrimination Act 1992; the provision of income support through the disability support pension; carer payment and carer allowance; the National Disability Strategy; and the National Disability Agreement.

In bringing this bill forward, the government is seeking to deliver a safe and high-quality NDIS. The government has provided $209 million over four years to establish this commission. The bill also makes minor amendments to the act in response to an independent review of the act. The amendments will improve the operation of the act in supporting the full implementation of the NDIS.

The review that was required by section 208 of this act considered the operation of the act in supporting the scheme and whether any changes were necessary for that purpose. The amendments in schedule 2 of this bill were recommended by the review and are supported by the Council of Australian Governments in its response to the review recommendations. The amendments are administrative and focus on ensuring the effective operation of the legislation. The amendments expand on the general supports that could be provided to people with disability under the scheme to support the implementation of information linkages and capacity-building elements of the scheme.

Additionally, the amendments clarify the operation of elements of the act to provide more guidance to participants and decision-makers—for example, how the disability requirements apply to people with chronic health conditions, how participants can request to have their plan reassessed, and how the agency can gather information on people who may be eligible for support as well as actual participants.

The government is fully committed to delivering a fully funded, high-quality NDIS. We have supported the NDIS from day one, and the establishment of the NDIS Quality and Safeguards Commission demonstrates this ongoing commitment. Preventing abuse of people with disability is obviously broader than the NDIS. The commission's work will not replace reporting to the police or other authorities, but it does represent a very significant reform designed to strengthen the standards to address abuse and neglect for the most vulnerable in our society.

I am aware of the amendment moved by the member for Jagajaga. The government's position, as has been stated previously, is that, rather than proceeding with yet another inquiry through a royal commission or other form of inquiry, the Turnbull government is focused squarely on strong, clear and demonstrable action by establishing this NDIS Quantity and Safeguards Commission to register providers, handle participant complaints and manage and enforce a clear code of conduct for providers and workers. The government takes the firm view that the opposition will be doing the right thing by people with a disability by agreeing to the 0.5 per cent Medicare levy increase that would fully fund the NDIS and this new NDIS Quality and Safeguards Commission, rather than calling for an inquiry into the system that is very soon to be substantially reformed for the betterment of all Australians with a disability. I commend the bill to the House.

See this speech in context