Amanda Rishworth (Kingston, Australian Labor Party, Minister for Social Services) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill and move the government amendment as circulated:

(1) Schedule 3, page 18 (after line 23), at the end of the Schedule, add:

Part 4 — Transitional code of conduct

11 Transitional code of conduct

(1) The Minister may, by legislative instrument, make rules that make provision for or in relation to a code of conduct that, on and after the commencement of this item, applies to the following:

(a) an eligible organisation (within the meaning of the Disability Services Act 1986 as in force immediately before that commencement), where:

(i) before that commencement, the Minister approved the making of a grant of financial assistance to the organisation under Part II of that Act; and

(ii) immediately before that commencement, an agreement with the organisation under section 15 of that Act is in effect in connection with that approval;

(b) a person or body that is a party to an arrangement that was entered into under Part III of the Disability Services Act 1986 before that commencement and that is in effect immediately before that commencement;

(c) a person to whom money is paid before, on or after that commencement under an arrangement made before that commencement under section 32B of the Financial Framework (Supplementary Powers) Act 1997, where the arrangement:

(i) is in effect immediately before that commencement; and

(ii) is for the purposes of a program, or part of a program, that is specified in the rules;

(d) a person to whom a grant of financial assistance is made before, on or after that commencement under section 32B of the Financial Framework (Supplementary Powers) Act 1997, where:

(i) immediately before that commencement, an agreement between the person and the Commonwealth is in effect in connection with that grant; and

(ii) the grant is for the purposes of a program, or part of a program, that is specified in the rules.

(2) For the purposes of subparagraph (1)(c)(ii) or (d)(ii), the program must be a program specified in regulations under the Financial Framework (Supplementary Powers) Act 1997.

(3) Without limiting subitem (1), rules made for the purposes of that subitem may make provision for circumstances in which an eligible organisation, person or body breaches the code of conduct because of an act, or an omission to perform an act, by:

(a) a member of the key personnel (within the meaning of the Disability Services and Inclusion Act 2023) of the eligible organisation, person or body; or

(b) another person who is employed, or otherwise engaged, by the eligible organisation, person or body.

(4) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

A key feature of this bill is strengthening the quality and safeguards for the Commonwealth disability services and support being provided outside the National Disability Insurance Scheme. The government is moving this amendment to the Disability Services and Inclusion Bill (Consequential Amendments and Transitional Provisions) Bill 2023 to further strengthen the safeguards for people with disability.

This amendment elevates the application of the transitional code of conduct to eligible organisations currently funded under the Disability Services Act 1986 and the relevant items under section 32B of the Financial Framework (Supplementary Powers) Act 1997 into primary legislation, as opposed to doing it with a legislative instrument.

Additional consultation on the bill following its introduction to parliament provided clear feedback that the inclusion of the code of conduct within the primary legislation was an important additional safeguard for people with disability and a valuable inclusion to make in amending this bill. It will mean that, once the legislative instruments are in place, all organisations currently receiving funding whose legislative authority would fall under the new Disability Services and Inclusion Bill 2023 for future funding arrangements will also have the code of conduct applied. This ensures that people with disability accessing Commonwealth disability supports outside the NDIS can benefit from the introduction of the legislative code of conduct during the transitional period and beyond.

Consistent with the code of conduct under the Disability Services and Inclusion Bill 2023, the entity that is a party to the agreement or arrangement with the Commonwealth will be responsible for ensuring that its key personnel and employees comply with the transitional code. The application of a transitional code of conduct to existing agreements funded under the Disability Services Act 1986 and relevant items under section 32B of the Financial Framework (Supplementary Powers) Act 1997 will increase protections for people with disability.

We will consult with the disability representative organisations, service providers and unions on the development of the underpinning legislative instruments. I commend the amendment to the House.

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