Jason Falinski (Mackellar, Liberal Party) Share this | Hansard source

Nothing is more important to our nation than supporting our community's most vulnerable and helping them achieve the highest standard of living possible. This bill, the National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020, strengthens the integrity of the NDIS system by providing additional powers to the commissioner to ban providers who, due to misconduct, are unsuitable for this work.

We require the highest standards when it comes to organisations and people involved in delivering the NDIS. Why others in this House do not support us on that is really a question for them. There is no room for shortcuts. There is no place for second best. It is important that the system and the people tasked with looking after the interests of vulnerable people are given the resources to do their job. To us as a government the safety and wellbeing of Australians is paramount. Expanding the powers of the commissioner to ban those who are unsuitable could not be more important. How are we to empower Australians if we cannot guarantee their wellbeing?

As the legislation currently stands, the commissioner does not have—let me repeat that: does not have—the authority to ban non-NDIS providers from entering the scheme. This means, for example, that an organisation guilty of misconduct can close its NDIS arm of the business to avoid sanctions. Gaming the system is simply not on, especially when it comes to the disabled, the elderly or children. As a government and, I would say, as a nation we have a special responsibility to the less fortunate—a duty of care and a responsibility that will be enshrined by this bill being passed by this House. Having worked in aged care I understand the importance of putting in the right kinds of protections to help those who help others. This legislation will make a big difference by proactively stopping unscrupulous actors from undermining our system and putting other people's lives at risk. Taking a strong stand on this issue could not be more important.

Given the current provisions are too narrow, this legislation in effect closes a potential loophole and undermines vested interests which are seeking to exploit the system as it stands. Pre-emptively banning someone from providing services to the NDIS may feel harsh, and, indeed, in most circumstances it is—but not in these circumstances. The reality is that, if somebody has been identified as unsuitable, due to their past actions, to work with persons in fields such as aged care or child care, they should not be allowed to do so under the NDIS. Far from picking people out for exclusion, this bill is about keeping consistency and justice at the core of our system, and is designed to protect people.

All too frequently, bureaucracy gets in the way of people; it disempowers them. We see it with startups looking to innovate, we see it with small businesses try to pay tax and now we are seeing it with the most vulnerable members of our society. It is tragic that, at a time when Australians are doing it tough, there are still vested interests that are calling for more regulation and higher taxes, all the while ignoring the fact that this puts Australians' lives at real risk. This bill takes a stand against the exclusive clubs that game the systems that Australians rely on.

Our smarter regulation agenda is not about more or less regulation but about better regulation, fairer regulation, simpler regulation; regulation that makes people's lives better, not worse; regulation that empowers individuals to make decisions so they can make their lives better. It is not about higher taxes but about simpler taxes, fairer taxes, that help small businesses run by mums and dads.

Smarter regulation is empowering those with disabilities to pursue their own goals and to live a fulfilling life. Smarter regulation is providing that base level of protection and assurance. This has been the foundation of Australia's prosperity, which has been slowly chipped away with the passing of new and more regulation and higher and higher taxes. As we look towards our post-COVID-19 recovery plan we will be relying more than ever on streamlined regulation where no-one is left behind. This especially includes those with a disability, the elderly and children.

This proposed measure will expand the NDIS commissioner's powers to allow a banning order to be made in relation to a person who was but is no longer employed by an NDIS provider. The current legislation requires individuals to be employed at the time for the banning order to apply. This means that those who are guilty of gross misconduct could be working in a similar or, indeed, the same field, as long as it is not with the NDIS or an NDIS provider. This may very well be putting Australians in danger. It is something that we need to stop and stop now. This is a time for decisive action in defence of the vulnerable and those who may not have a strong voice.

The NDIS provider register includes a list of those who are banned. Ensuring that that list is comprehensive is an important part of the first line of defence for NDIS participants and their representatives to ensure that any provider or worker they might engage is not currently subject to a banning order. This means having a commissioner who is empowered to protect those benefiting from the NDIS. An important part of that process is being able to issue a banning order to organisations who either are employed by the NDIS or have left the sector. Currently, if an employee leaves the sector due to an issue which may result in a banning consideration, they may be able to avoid that ban. This bill strengthens the system that we rely on to help protect our loved ones.

The NDIS provider register holds information about the identity of providers and workers who had a banning order made against them by the NDIS commissioner, and includes enough information to identify them. The register is publicly available to allow persons with a disability and their representatives and providers to ensure the people they are engaging to deliver NDIS services are not subject to banning orders. This database is an important part of maintaining the integrity of NDIS and protecting people. Australians should have complete certainty that the professionals who are entrusted with their care are correctly trained, have a good track record of delivering their services and are not a risk. This bill gives the commissioner additional powers such that he can support positive outcomes for those in our nation who most need them.

COVID-19 has meant we are all focused on the safety and security of those who are most susceptible to the pandemic. Often this has significant overlap with those who are disabled and currently using the NDIS. All it takes is a single person's misconduct for COVID-19 to cause mass disruption and harm. Whilst this bill is not specifically related to the pandemic, the reality is that, by being able to pre-emptively ban people who have a history of misconduct, we are giving ourselves security against the careless mistakes that cost lives. This is more crucial now than at any other time in living memory.

Providing additional measures of support and care is time sensitive. That is why, even with the disruption that the pandemic has caused, we are prioritising this bill. It is a reflection of this government's ongoing commitment to retirees, to children, to the vulnerable and, frankly, to all Australians. That is part of what it means to have a fair go. Hardworking Australians deserve systems which protect their loved ones and provide the best possible care. This is an integral part of building healthy and strong communities. With bushfires, floods and now a global pandemic, we are relying on our neighbours and communities more than ever. The government has a critical role to play in ensuring that everyone in our community is being protected and helped and that those in need are being cared for. Building resilient communities depends on building systems that are robust and put Australians first. This bill safeguards vulnerable people by empowering the commissioner to act pre-emptively against those who are unsuitable for looking after vulnerable people, due to prior misconduct. This bolsters the effectiveness of the NDIS provider register, which in turn helps inform effective decision-making on the part of Australians.

This legislation is creating a better Australia, based on the principles of a fair go, justice and protecting those who are more susceptible to misconduct. Legislation of this kind has a negligible financial impact and it helps to create a better NDIS and a better Australia. There are many who seek a larger and more interventionist government because, in their view, government can solve all problems. The reality is that government is no replacement for robust communities or for families, especially in times of crisis. Rather than trying to prescribe what each individual requires, this government has always been about supporting the individual aspirations of Australians.

The vision of the NDIS is to do exactly that. We do not seek to have a one-size-fits-all approach, especially given the complications that disabilities can result in. It is the individuals and their carers and representatives who know best, not a bureaucrat in Canberra with a big-government agenda. We are returning the power of choice to the Australian people—the power to decide what a good life means for the individual and how best to go about achieving it. We are trusting in our fellow countrymen. For this to become a reality, the role of government is simple: create and maintain effective systems that put hardworking Australians first. We can wax lyrical in this place about compassion and care. It is easy to say; it is harder to do. This bill does that. For these reasons, I highly commend it to the House.

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