Pat Conaghan (Cowper, National Party) Share this | Link to this | Hansard source

Tonight I would like to speak on the important work done by this government to improve the Quality and Safeguarding Framework of the National Disability Insurance Scheme. I congratulate the government on the considerable amount of work done since the enactment of the NDIS Act 2013 to ensure that people with disabilities are supported to exercise choice and control over the care and assistance they receive. Since 2013 the NDIS has supported some 250,000 people with disabilities and their families. It has provided financial assistance towards the necessary care and services for people with a disability, helped people to gain employment and social activities and helped people to live the life they want to live by providing reasonable supports. It was timely to have established the NDIS Quality and Safeguards Commission in 2018 to ensure high standards of quality and care are being exercised by NDIS service providers.

It has come to my attention through constituents, however, that there are concerns with the quality and accountability of service providers, particularly unregistered NDIS service providers. Unregistered providers have just three requirements imposed on them, whereas registered providers have seven requirements guiding their services. Unregistered providers currently are required only to register an ABN, which can be done online, follow the NDIS complaints process and comply with the NDIS Code of Conduct, whereas registered NDIS providers are currently required to do the following: follow the NDIS complaints process; comply with the NDIS Code of Conduct; have current insurance policies in place—being professional indemnity and public liability; have mandatory criminal records checks and worker screening; have reportable incident requirements; have audited certification against the practice standards; have restrictive-practice reporting; have clear internal and external regulatory processes; have specialised ongoing training for support staff; provide every participant with a service agreement; have strong recruitment and induction processes; and have governance and quality assurance processes.

The lack of requirements for unregistered NDIS service providers has led to a number of unsafe and compromising situations for people with a disability in my electorate of Cowper—situations that I find unacceptable. For example, one unregistered NDIS provider reportedly crossed professional and personal boundaries whereby the service provider developed a personal relationship with the participant. Another example I have been made aware of is an unregistered NDIS provider offering to provide insulin injections to a participant on a daily basis without having the proper qualifications.

It was timely that our government established the NDIS Quality and Safeguards Commission. Since it commenced operating on 1 July 2018 the NDIS commission has already taken compliance and enforcement action in response to breaches of the code of conduct by more than 15 people and providers who were not registered and were not providing NDIS support and services. These matters came to the attention of the NDIS commission through complaints from the participants and referrals from other regulatory bodies, including police.

It is my view that we need additional compliance and education measures to detect the actions of unregistered providers to ensure the safety of NDIS participants. The new National Disability Insurance Scheme rules 2018 came into effect on 1 January 2020. These rules set out some of the conditions providers must comply with to become and remain registered. Whilst these are welcome for the contribution they will bring to the registered provider market, my concern lies with the responsibility and checks and balances put on unregistered providers.

As individuals and as members of parliament I believe we are judged by how we treat the most vulnerable members of our community. People with disability are more likely to experience poverty, live in poor quality or insecure housing and have low levels of education. Depending on their disability, they may face physical barriers, communication barriers and language and cultural barriers. It is for these people that we must do our very best as a government to tear down these barriers and improve their quality of life through the NDIS.

House adjourned at 20 : 00