Fiona Martin (Reid, Liberal Party) Share this | Hansard source

I rise today to support the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021. How we treat vulnerable people in our community is a moral test that surpasses politics. One of our highest responsibilities in this place must be to ensure that vulnerable people have access to quality care and services that are respectful, responsive and that protect them from harm.

All Australians were rightfully distressed when we heard about the death of Ms Ann-Marie Smith last year. I was left profoundly disturbed by the level of criminal neglect and suffering that she went through. And I continue to reflect on how she was failed. Individuals with disabilities and NDIS participants and their families would have been particularly concerned as the extent of the treatment of Ann-Marie became known to them. Equally, carers in the disability sector, those individuals who care and work tirelessly for their clients, would have been left disgusted and dismayed by what happened to her.

We know that, sadly, while what happened to Ann-Marie was a tragedy, it was not an isolated case. Cases of abuse, neglect and exploitation of NDIS participants, while rare, do happen. The Morrison government considers any abuse, neglect or exploitation suffered by any NDIS participant to be abhorrent and is committed to improving the quality and safeguards in place to protect participants in the NDIS. This bill recognises the tragic circumstances of Ann-Marie's death and provides further assurance to NDIS participants and their families that the government is taking action to better protect them and to reduce the risks of such distressing events occurring again.

Building upon actions already taken by the quality and safeguards commission in response to the independent review undertaken by the Hon. Alan Robertson SC, this bill further addresses elements of the recommendations of the Robertson review. The bill also makes further technical amendments to better support the operations of the NDIS commission, based on early implementation experience. This bill 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.

At present, clauses in the NDIS Act establish a relatively high threshold for information sharing. 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 enacts a less restrictive threshold in recognition of the Robertson review recommendations. It removes qualifiers like 'serious' or 'necessary' to ensure any threat to life, health or safety is sufficient grounds for the recording, use or disclosure of protected NDIA or NDIS commission information. Importantly, these changes to information sharing do not undermine or reduce the significant protections for personal information under the NDIS Act. One of the key considerations in drafting this bill has been to ensure that it is in accordance with the provisions of article 17 of the International Covenant on Civil and Political Rights and that any disclosure of information is proportionate to the outcome of protecting people with disability from harm. Personal information held by the NDIA or the NDIS commission will continue to be considered protected information.

The bill 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 sharing of information about a worker or provider with relevant bodies is necessary to ensure that the agencies have relevant information about whether workers or providers pose an unacceptable risk of harm to a person with disability, including whether they should receive or retain an NDIS worker-screening clearance. The bill also provides for greater clarity around reportable incidents, including broadening their scope and their reporting to the NDIS commission, in commission rules. By enabling definition via the rules, the commission will have the flexibility to respond quickly to arising circumstances and continue to protect participants.

As I mentioned, this bill also makes a number of technical amendments. Currently, quality assurance of registered NDIS providers is undertaken by approved quality auditors who are engaged by providers directly. As it stands, 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.

This bill also makes a number of amendments to ensure consistency and procedural fairness in the application of the NDIS commission's regulatory responses, including that compliance notices can be varied or revoked, that decisions in relation to these requests are reviewable decisions and that banning orders can have conditions attached. Further, while the NDIS Act gives the commissioner the power to ban a NDIS provider or worker on the grounds they are not suitable to deliver NDIS services and supports it does not presently set out how suitability is determined for banning orders. This bill 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 providers must follow when registering to deliver NDIS services and supports. This includes 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 banning order during the renewal process.

In summary, this bill strengthens protections for NDIS participants and will strengthen the operational effectiveness of the NDIS commission. The NDIS has been transformative for individuals around Australia. I've seen it as a psychologist working in the disability space—that people were worse off prior to the NDIS. They're much better off now with the NDIS. But we know it has not been perfect. We know that a scheme of this size will for some time require continued improvement. This bill is another important step in ensuring the NDIS, this world-class system that we have here in Australia, continues to deliver to NDIS participants. It will ensure the most vulnerable in our community are better protected from harm as well as support them in accessing quality and safe services under the NDIS.

I want to acknowledge that the Paralympics are on tomorrow, and I have a number of constituents in Reid who will be representing Australia. I'm going to give them a quick shout-out: Madison de Rozario, Richard Voris, Ben Weekes, Ameera Lee, Imalia Oktrininda and Thomas Birtwhistle. We are cheering you on here from Australia. Your performance will lift our spirits in this very difficult time. We wish you all the best for tomorrow. Aussie, Aussie, Aussie!

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