Julie Collins (Franklin, Australian Labor Party, Parliamentary Secretary for Community Services) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill and I ask leave of the House to move government amendments (1) to (8) together as circulated.

Leave granted.

I move government amendments (1) to (8) together as circulated:

(1) Schedule 4, item 6, page 41 (line 5), after “before a person”, insert “(other than a person covered by subsection (3A))”.

(2) Schedule 4, item 6, page 41 (line 18), after “before a person”, insert “(other than a person covered by subsection (3A))”.

(3) Schedule 4, item 6, page 42 (line 2), after “before a person”, insert “(other than a person covered by subsection (3A))”.

(4) Schedule 4, item 6, page 42 (after line 9), after subsection 1167A(3), insert:

Alternative notice arrangements—notification agreements

(3A) A person is covered by this subsection if:

(a) the person has entered into an agreement (a notification agreement) with the Secretary; and

(b) the notification agreement covers payments of the relevant kind; and

(c) the notification agreement is in force.

(3B) The Secretary may enter into a notification agreement with a person for the purposes of this section. The agreement must specify:

(a) the kinds of payments covered by the agreement; and

(b) the requirements relating to notifying the Secretary of the making of those payments, including the time within which notice must be given.

(3C) A notification agreement between the Secretary and a person commences on the day it is made and remains in force until the earlier of the following:

(a) the day specified in the agreement;

(b) if the Secretary determines that the person has failed to comply with the agreement—the day notice of the determination is given to the person.

(3D) Part 4 of the Administration Act (about review of decisions) does not apply in relation to a decision of the Secretary under subsection (3B) or (3C).

(5) Schedule 4, item 6, page 43 (line 13), after “for the payment”, insert “(other than an insurer covered by subsection (3A))”.

(6) Schedule 4, item 6, page 44 (line 15), after “for the payment”, insert “(other than an insurer covered by subsection (3A))”.

(7) Schedule 4, item 6, page 44 (line 33), after “for the payment”, insert “(other than an insurer covered by subsection (3A))”.

(8) Schedule 4, item 6, page 44 (after line 37), after subsection 1167B(3), insert:

Alternative notice arrangements—notification agreements

(3A) An insurer is covered by this subsection if:

(a) the insurer has entered into an agreement (a notification agreement) with the Secretary; and

(b) the notification agreement covers payments of the relevant kind; and

(c) the notification agreement is in force.

(3B) The Secretary may enter into a notification agreement with an insurer for the purposes of this section. The agreement must specify:

(a) the kinds of payments covered by the agreement; and

(b) the requirements relating to notifying the Secretary of the making of those payments, including the time within which notice must be given.

(3C) A notification agreement between the Secretary and an insurer commences on the day it is made and remains in force until the earlier of the following:

(a) the day specified in the agreement;

(b) if the Secretary determines that the insurer has failed to comply with the agreement—the day notice of the determination is given to the insurer.

(3D) Part 4 of the Administration Act (about review of decisions) does not apply in relation to a decision of the Secretary under subsection (3B) or (3C).

Kevin Andrews (Menzies, Liberal Party, Shadow Minister for Families, Housing and Human Services) Share this | Link to this | Hansard source

Speaking very briefly to the amendments I note the words of the parliamentary secretary in her summing up speech in relation to arrangements with the insurance industry as to alternative time frames being proposed by these amendments. I simply want to place on the record information provided to me just before I came into the House. I have not had an opportunity to compare what has been said to me with the amendments but I simply place on record that the industry, I am informed, have become aware of what they say is a major flaw in the legislation, with the debate resuming today. One part of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further Election Commitments and Other Measures) Bill 2011 requires insurers as the payers of injury compensation to notify Centrelink two weeks before making payments. However, insurers have various state obligations to make payments to injured persons in a shorter time frame—for example, to pay weekly payments to injured workers within one week or to reimburse out-of-pocket medical expenses within a number of days. The upshot is that insurers could not possibly simultaneously comply with both Commonwealth and state regulations, putting them automatically in breach of one or both regulatory obligations or resulting in unnecessary delays to the payment of income support and other payments to injured workers and other injury compensation recipients.

So, as I said, given that this advice was provided to me just prior to walking into the chamber and not having had the opportunity to look in detail at what the amendments are, I seek some assurance from the government that the amendments do go to this issue. If the minister is not able to answer that now then to come back to me after today, otherwise we would obviously seek to have the matter examined in more detail when it goes to the Senate.

Julie Collins (Franklin, Australian Labor Party, Parliamentary Secretary for Community Services) Share this | Link to this | Hansard source

I thank the member for Menzies for his contribution. I am advised that these amendments will deal with those issues. In fact, the reason they allow the secretary to deal with it is that the restrictions in each state and territory are different, and so those rules can be applied that relate to the relevant jurisdiction laws. We have been advised and we do believe that this will resolve the matter.

Question agreed to.

Bill, as amended, agreed to.