Ms Catherine King (Ballarat, Australian Labor Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Hansard source

I rise to speak on the NDIS Amendment (Improving Supports for At Risk Participants) Bill 2021. I particularly want to acknowledge how we got here. Mr Deputy Speaker, I think you've heard from the member for Barton and you'll hear from other speakers that this is the result of some absolutely appalling and tragic circumstances that never should have happened. The fact that we are here in this House having to put in place such strong measures to protect people, I think, is an indictment on us as a society that these circumstances happened in the first place. But the bill does seek to make a range of changes to the NDIS Act in response to recommendations 1, 6, 7, 8 and 9 of the Independent review of the adequacy of the regulation of the supports and services provided to Ms Ann-Marie Smith, an NDIS participant, who died on 6 April 2020. The report was conducted by the Hon. Alan Robertson SC. These recommendations include facilitating better exchange of information between the National Disability Insurance Agency and the commission and the disclosure of information to relevant state and territory bodies.

Labor welcomes the Morrison government's decision to act on the recommendations of the Robertson review, even though it has been 12 months since the former judge, Alan Robertson, handed down this report and some 16 months since Ms Ann-Marie Smith passed away. Labor also acknowledges the lack of consultation and the continuing failure of the government to consult people with a disability on changes that directly impact on their lives. I think the member for Barton eloquently warned the government that you cannot continue to treat the disability sector and those with disability like mushrooms and not actually inform them of, and engage them in, the changes that you are seeking to make to a program that has such a direct and powerful and important impact on their lives. Labor does believe that everything possible should be done to protect people with disability from neglect and abuse. While the bill does not address some gaping holes in the NDIS safeguarding, such as the lack of proactive checking on service providers and an ineffective and understaffed NDIS commission, we do support this bill.

Ms Smith's death was tragic, and tragically it is not the only death which has arisen through NDIS mismanagement and through those who prey on those with a disability. Tim Rubenach, David Harris, Liam Danher: these are names we should remember, Australians who deserved better. The Morrison-Joyce government needs to take responsibility for these deaths by neglect, and it needs to ensure that there are no more. The Morrison-Joyce government also needs to commit to genuine consultation with people with a disability, disability rights organisations and disability representatives on all major changes to the NDIS Act. People with a disability deserve no less.

On behalf of the member for Barton and the member for Maribyrnong, I move:

That all words after "That" be omitted with a view to substituting the following words:

"whilst not declining to give the bill a second reading, the House calls on the Government to:

(1) take responsibility for all 'deaths by neglect' within the National Disability Insurance Scheme, which is a Federal Government program; and

(2) commit to genuine consultation with people with disability, disability rights organisations and disability representatives on all major changes to the NDIS Act".

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