Rebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

Earlier this year, I made a speech in this place where I outlined a number of failings with respect to the operation of the NDIS Quality and Safeguards Commission in South Australia. The ongoing revelations in the matter of Ann-Marie Smith and the actions of her registered provider, Integrity Care, have done little to alleviate my concerns. Two subsequent independent reports on the matter prepared by the South Australian government task force and the NDIS Quality and Safeguards Commission respectively have only confirmed the views of the whistleblowers who have approached my office—namely, that structural impediments are placing those who are living with a disability at serious risk of harm and neglect.

While both reports made a number of recommendations, of particular note is the need for the commission to act earlier to identify those people with disability who are vulnerable to harm or neglect, the importance of ensuring that no one person is responsible for the care needs of a participant and the need to appoint a specific person with overall responsibility for that participant's safety and wellbeing. I understand these recommendations have received the support of National Disability Services, the Australian peak industry body for non-government disability service providers, and I look forward to working with the NDS and others to ensure that these recommendations do not fade into the ether. In the meantime, I welcome the government's attempt to improve the safeguard arrangements for NDIS participants through the measures contained in this bill, and I note the strengthening of banning order provisions were also the subject of a recommendation by the independent review conducted on behalf of the NDIS Quality and Safeguards Commission.

The National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020 will expand the powers of the NDIS Quality and Safeguards Commission to ban unsuitable providers and workers from working with NDIS participants, regardless of whether they are active in this sector or not. The NDIS commissioner, who is responsible for regulating NDIS providers and enforcing the NDIS code of conduct, will be granted additional banning orders to prevent people entering or re-entering the NDIS who may pose a risk of harm to participants. Therefore, the NDIS commissioner will be able to apply banning orders to people even if they are not currently working in the NDIS. The amendments also mean the NDIS commissioner can use information from sources outside of the NDIS such as a person's conduct in aged-care or childcare work to ban an unsuitable person from entering the NDIS in the first place. This means workers who have left the NDIS, including those who have been fired for unsuitable behaviour, can be banned from re-entering the field, and this is a very good thing.

The NDIS Quality and Safeguards Commission will also make details to providers and workers who have been banned publicly available in the NDIS provider register. Importantly, people with disability, their families and their providers can use the register to check that people they are engaging to deliver NDIS services have not had a banning order against them. This measure will provide some comfort to those who are dependent upon the care of others for their day-to-day needs; however, I again stress, and I believe, that much more needs to be done to ensure that vulnerable NDIS recipients are protected, and that unscrupulous providers are called to account in a very timely manner. I thank the House.

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