Katie Allen (Higgins, Liberal Party) Share this | Hansard source

On 6 April 2020, Ms Ann-Marie Smith died of severe septic shock, organ failure, severe pressure sores, malnutrition and other issues connected with the poor care of her disability, cerebral palsy. It was a case that shocked a nation, and the National Disability Insurance Scheme commission moved to ban the disability care agency, Integrity Care (SA), from operating after its client, Anne-Marie Smith, so tragically died. In this day and age no-one expects that level of shocking care. Recently her sole carer, Rosa Maione, pled guilty to her manslaughter. Every Australian deserves to be safe and cared for, and disability is not a compromise to this. The National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021 will strengthen the support and protections for people with disability by ensuring a clear and effective legislative basis for the NDIS Quality and Safeguards Commission's powers; compliance and enforcement arrangements; provider registration provisions; and efficient information sharing across governments and government agencies.

All the amendments within the bill are important to the integrity of a scheme that so many Australians with disability and their carers rely on. There are over four million Australians who have a disability. Data shows that, as of 31 March 2021, over 122,000 people in my home state of Victoria are benefiting from the NDIS. In Victoria around 51,000 people are now receiving support for the first time. These aren't just numbers; they are mothers, daughters, sisters, brothers, sons. They are Australians living with disability, and they are the reason we must work together as a government to continually find and address changes to improve the scheme, just as we are doing today. We're fighting to ensure that one of the core and most essential pillars of the scheme is strengthened—the safety of those within care.

Following the shocking death of Ann-Marie Smith, the commissioner requested a review, which was undertaken by the Hon. Alan Robertson, named the Robertson review. The bill before us responds to a number of recommendations following the conclusion of the review. All amendments within this bill seek to improve or clarify NDIS quality and safeguard arrangements to better protect participants from harm. This bill is not saying that all care providers are falling short. The majority of Australian providers show a great deal of care and indeed love for their participants. But, very unfortunately, there are a small number of providers that we as a government need to step in and ensure are meeting the care needs that all Australians expect and deserve.

I would like to give a shout-out to the NDIS sector, because I know how tough this has been, through COVID, where they've had to pivot the way they're caring for those under their care. It has been very difficult, but they are doing such a stellar job to help the most vulnerable in our community. That's why we're strengthening reporting and safeguards, to protect participants from providers who fail to meet those standards. A few bad eggs can do a lot to undermine the integrity as well as the reputation of a sector that is working so hard for our most vulnerable.

The bill addresses important recommendations around information sharing and reportable incidents. It provides for improved information sharing between the NDIS commission and the National Disability Insurance Agency, the NDIA, to better protect people with disability. Present clauses in the NDIS Act establish a relatively high threshold for sharing information. They establish that the disclosure must be necessary to prevent or lessen a serious threat to an individual's life, health or safety. This bill here today enacts a less restrictive threshold in recognition of recommendations of the Robertson review. This bill removes qualifiers like 'serious' or 'necessary' to ensure that any threat to life, health or safety is sufficient grounds for the recording, use or disclosure of protected NDIS commission information. It also amends provisions for disclosing information in a number of other specific situations, including that the NDIS commission is able to disclose information to worker screening units and other agencies as required and that the NDIS commission can publish and maintain information about historical compliance and enforcement action. This is about making sure that the system is self-aware.

The bill also provides for greater clarity around reportable incidents, including broadening the scope and reporting to the NDIS commission in the commission's rules. Currently quality assurance of registered NDIS providers is undertaken by approved quality auditors who are engaged by providers directly. The market for quality auditors includes a wide range of experience levels and sector knowledge. As such, this bill will allow the commission to place conditions on the approval of quality auditors and makes explicit the commission's power to vary or revoke approval of quality auditors. These decisions will be reviewable, but they really do enable the commission's powers to have more teeth so that it can do what it needs to do.

The bill before us makes a number of amendments to ensure consistency and procedural fairness in the application of the NDIS commission's regulatory responses, including compliance notices which can be varied or revoked, decisions in relation to those requests being reviewable decisions, and banning orders that can have conditions attached. The NDIS Act currently gives the commissioner the power to ban an NDIS provider or worker on the grounds that they are not suitable to deliver NDIS services and supports. Currently the legislation does not set out how suitability is determined for banning orders. The bill before us provides the power for the commissioner to make rules in relation to suitability for that purpose, aligning with existing provisions in relation to provider registration. This bill also clarifies elements of the process that providers must follow when registering to deliver NDIS services and supports, including that applicants are able to withdraw applications and that applications for renewal of registration are deemed to have been withdrawn if the registered provider in question becomes the subject of a revocation or banning order during the renewal process. These amendments and other minor technical amendments will strengthen the supports and protections for NDIS participants and help ensure their wellbeing. The remaining recommendations from the Robertson review relate to policy options which are being progressed through the joint work with states and territories in strengthening supports and protections for people with disability who are at risk of harm.

The NDIS is a world first that, quite frankly, both sides of the chamber can be proud of and that all Australians should be justifiably proud of. That's why we, as a government, have committed an additional $13.2 billion up until 2023-24 for disability supports under the NDIS. This is in addition to the extra $3.9 billion included in the 2020-21 budget, bringing total extra federal government NDIS funding to $17.1 billion. This is a large and significant social support scheme for those who are vulnerable in our community, with 450,000 participants now receiving NDIS supports and with a projection of 530,000 Australians having access to this scheme. We continue to consult on ensuring that the NDIS will remain sustainable through this growth projection.

Every Australian expects that every Australian, no matter what their individual circumstances, will be cared for with dignity and respect. The Morrison government is committed and continues to consider ways to support people with disability to live lives free from violence, abuse, neglect and exploitation. This bill is another step towards that outcome.

I commend the bill to the House.

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