Anne Stanley (Werriwa, Australian Labor Party) Share this | Link to this | Hansard source

I will speak this afternoon in continuation after the last sitting. Additionally, procurement under the FFSP Regulations means that many programs are not subject to effective regulatory oversight arrangements. This legislation will change that. It will allow for a clear framework under the act to fund disability services outside of the NDIS and ensure that funding is subject to proper oversight. A mandatory code of conduct for all providers will be embedded into the legislation, similar to that of the NDIS code of conduct, ensuring that there is consistency in the quality of disability services. The code of conduct will set standards and obligations that service providers and their staff must adhere to. Those in breach of the code may have their funding arrangements revoked or altered.

These bills also establish the framework for consistent complaints-management requirements for providers, ensuring that Australians can make complaints regarding services and the department can act effectively, a crucial step in creating greater accountability and better safeguards for Australians with disabilities who receive support outside the NDIS.

The legislation will introduce an instrument that will allow the regulation of eligible activities, meaning providers in emerging, unregulated activities that are to be now regulated would require a certificate of compliance. This instrument is similar to that prescribed by the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018. We know that many providers work all across the centre, interacting with state and federal government bodies and complying with various requirements. Where appropriate, alternative quality standards may be recognised to reduce duplication and regulatory burden for providers, ensuring they are both adequately certified and can effectively provide services to all that need them.

Importantly, this legislation does not define disability, which is in line with the majority of the feedback during the consultation. We know that disability can be complex, and to define it could potentially and unnecessarily restrict a person with disability from accessing vital services. The legislation recognises that, and specific programs continue to define target groups that require specific services and report. There are over 4.4 million Australians with a disability, and the government must be there to ensure that they can fully participate in the community. That is the foundational purpose of government agencies such as the NDIS. But we know that the vast majority of those with a disability, roughly four million Australians, are not supported through the NDIS, and they receive services from a number of programs that operate outside it—programs that receive funding under the current framework, which this legislation will modernise and improve. It will ensure that these programs can effectively support Australians with a disability alongside or to complement the support provided by the NDIS.

These bills are another step in our government's commitment to support those Australians who rely on services. We are under no illusion that this will be the last step. Whether it be continued support and the strengthening of the NDIS or the recent establishment of the task force to respond to the royal commission's recommendations, the Albanese Labor government will continue supporting all Australians living with a disability, because they fundamentally deserve to live with dignity and respect. I am proud to commend the bill to the House.

Monique Ryan (Kooyong, Independent) Share this | Link to this | Hansard source

The Disability Services and Inclusion Bill 2023 will establish a new legislative framework for the funding and regulation of those new and existing disability related programs which operate outside the National Disability Insurance Scheme, the NDIS. The bill builds upon the Disability Discrimination Act 1992 and Australia's Disability Strategy 2021-2031. It prescribes statutory funding conditions aimed at ensuring good quality, safe supports and services for people with disabilities, their families and their carers. Its broad eligibility criteria will allow a range of services to be provided to those requiring disability services outside the NDIS. For example, people who have temporary disabilities or those who are living in Australia on a time limited visa will potentially be eligible for support under the DSIA, as may individuals aged more than 65 who are currently ineligible for NDIS services but hope that that situation may change in future.

This bill does not, but I feel it should, specifically address the provision of disability support services in circumstances where people are deprived of their liberty. This is especially important, given the significant representation of people with a disability in all types of places of detention in this country. The bill, in my opinion, should stipulate that eligible activities can include supports or services provided to people in immigration detention facilities—who, let's remember, spend an average of 711 days in detention in this country. This would be consistent with key recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability's final report in relation to Australia's commitment to the implementation of the optional protocol to the convention against torture. I've sought assurance from the minister that the explanatory memorandum of this bill will be amended to include that stipulation.

More than one in six Australians have a disability. The NDIS currently supports more than 600,000 people. The 3.8 million individuals with physical and mental disabilities who do not qualify for the NDIS have at times felt left out in the cold. We have to establish systems which enable supports and services which will benefit all people with disabilities.

The NDIS has moved many government supports from sole direct service provision to include person centred market models of service delivery and support. Almost from inception it has become a backup default service for most children and adults with developmental disorders, delays and disabilities as other disability supports and programs, particularly those funded by state and territory governments, have been defunded or become defunct.

Vacation of the space previously filled by community-based block-funded services has left a void for those people who have multidevelopmental delay or physical disabilities. This has resulted in development of massive inequities. Those on the scheme, the NDIS, receive much more support than nonparticipants. Melbourne Disability Services reports that 90 per cent of people without NDIS funding are unable to access the supports they need. This renders current clients desperate to retain their NDIS funding and others fighting to become eligible. When all you have is a hammer, everything starts looking a lot like a nail. This has led to the situation where 11 per cent of Australian boys aged five to seven years, and five per cent of five- to seven-year-old girls are NDIS participants. That's unsustainable and it demands change. It is my sincere hope that this bill will facilitate that change, in concert with the systemwide changes which I hope will be recommended by the forthcoming Independent Review of the NDIS Act.

The NDIS was established as a classic market based system, but the reality is that there are still shortages of many allied health disciplines and other disability sector providers. This thin and complex market means that appropriately skilled providers often can't be found or accessed. Establishment of a private marketplace of services funded by government has meant that there's little incentive for clients to cease their publicly funded support. The market model for providers incentivises repeat customers, not the provision of the high-quality outcomes-driven services that would lead to system exits. So we've seen numbers of participants on the NDIS increase because those participants are failing to leave the scheme.

The disability market fails where participants need more specialised supports and in areas where there are poor economics of scale. Because of the shortages of providers, those in the market have been able to raise their prices to the maximum permitted by the NDIS scheme, to levels above those supported by other services—the TAC, Veterans' Affairs and aged care—so that individuals in those other schemes are failing to compete. The siloing of funding in different schemes and the variability of funding that is provided have set up what is effectively a 'hunger games' for disabled individuals who are seeking care and support. We all know that the disability dollar is not unlimited. The NDIS is expected to cost $50 billion annually by 2024-2025, more than the annual budget for Medicare or even defence—nuclear submarines notwithstanding. And let's not forget that the NDIS serves only 600,000 of the 4.4 million Australians living with a disability.

This sort of legislation really matters. It's a shame that it has received such scant attention from the opposition, who failed to improve disability services for many years, who had not managed the market of service providers and who had not put into place adequate quality or standards monitoring for many of the services provided under the auspices of the NDIS. When done well, disability care generates both revenue and productivity by facilitating employment and facilitating engagement of people with disabilities, and by freeing their carers to return to the workforce. The multiplier effect of disability care is significant. In the NDIS, every dollar spent generates an economic contribution of $2.25. This is a service; it's not an expense. As a member of parliament and as a member of the parliament's Joint Standing Committee on the NDIS, I hear often from individuals with disabilities, their carers and their relatives about their frustration and anger with many aspects of our disability care. I hear from patients and families unable to find affordable and accessible psychologists, psychiatrists, dietitians, physiotherapists, speech pathologists or occupational therapists. I hear from older individuals who have acquired disability after age 65 and who have therefore been shut out of the NDIS. I've heard how we have forced disabled Australians and their partners, parents and carers to battle a system in which transparency and generosity have been sacrificed to red tape and mean-spirited bureaucracy.

Given those issues, I remain concerned that this legislation does not appear to make sufficient provision for robust and independent oversight of the quality and safeguards in disability services provided outside the NDIS. It's intended that details of how systems will be overseen and the consequences for breaches will be set out in individual funding agreements or delegated legislation. But this approach increases the risk of inconsistent and nontransparent oversight mechanisms. I note the Commonwealth Ombudsman's call for prescription of requirements for complaints and incident management by service providers and of consequences for breaches. This would deliver a more consistent approach to complaints handling across the programs funded by the network. Importantly, it would also be consistent with the key recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

Only this morning, the government proposed an amendment which will embed within this primary legislation a measure to ensure existing service providers are held to the same code of conduct as new entrants under the new act. This will mean that, once the legislative instruments are in place, all organisations that are currently receiving funding and whose legislative authority would fall under the new Disability Services and Inclusion Act 2023 for future funding arrangements will also have that code of conduct applied. This is a positive step, but you have to ask why it was made only today and why we can't have the details of oversight mechanisms and enforcement provisions in the body of this legislation rather than buried in the delegated legislation.

The question remains: how do we best support those needing help within and without the NDIS? We can, we should and we must do better with disability supports in this country. We have to increase access to, and provision of, community based programs for infants and young children with developmental delay, children with mild autism and neurodivergence, and adults with mild deficits. For those individuals, not only will group therapy result in better use of resources; it might also promote inclusion. We have to increase the range of community and mainstream supports for people without severe disability. We need to provide group therapy and services for all who are able to benefit from them. This model would need us to resile from our current premise that all disabled people must self-manage their care and should receive support individually. The model would also mean that, as a society, we accept our responsibility to include and support all individuals and their variations and imperfections, and to create a context accepting of their varying capacities and needs.

I commend this bill to the House, and I hope it will be effective in improving outcomes for all Australians with mental and physical disability.

Louise Miller-Frost (Boothby, Australian Labor Party) Share this | Link to this | Hansard source

I am very pleased to be speaking on the Disability Services and Inclusion Bill 2023. Over 4.4 million people in Australia live with some form of disability—that's approximately 20 per cent of all Australians—and this proportion increases as we age. For Australians over 65 it's about 40 per cent, reflecting the likelihood of disability increases with age. There are 2.1 million Australians of working age with disability, and 35.9 per cent of Australian households include a person with disability—and mine is one of those households. Disability is not an unusual experience in our country but people with disability are a group that often don't experience the same human rights as other Australians, and that's not good enough.

This bill is underpinned by the following principles, which should be uncontroversial:

(2) People with disability are individuals who have the inherent right to respect for their human worth and dignity, and live a life free from violence, neglect, abuse and exploitation.

(3) People with disability, whatever the origin, nature, type and degree of disability, have the same basic human rights as other members of Australian society.

(4) People with disability have the same right as other members of Australian society to realise their individual capacities for physical, social, emotional and intellectual development.

(5) People with disability have the same right as other members of Australian society to supports and services which will support their attaining a reasonable quality of life.

(6) People with disability have the same right as other members of Australian society to exercise choice and control in relation to the decisions that affect their lives.

(7) People with disability receiving supports or services have the same right as other members of Australian society to receive those supports or services in a manner which results in the least restriction of their rights and opportunities.

(8) People with disability have the same right as other members of Australian society to pursue any grievance in relation to supports or services.

This bill also explicitly reflects Australia's commitment to supporting people with disability in line with the United Nations Convention on the Rights of Persons with Disabilities.

The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 will replace the Disability Services Act 1986 with a modern legislative framework for the funding and regulation of programs targeted for the benefit of people with disability, their families and carers. The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 will make consequential amendments to legislation that reference the Disability Services Act to assure no adverse impact and assure continuity of services and arrangements. And I'll be referring to them collectively as the DSI bills.

In addition to expanding the population that can benefit from funding authorised by this bill, it also broadens funding options so that governments can respond to emerging needs and changing circumstances both now and into the future. The DSI bill contributes to improving and aligning quality and safeguarding arrangements for disability services by introducing a code of conduct and including the power to recognise other standards. To support an inclusive process, the bill uses modern language to establish a contemporary framework for disability supports and services that comply with the human rights approach.

There have been significant changes to the disability policy landscape since the Disability Services Act was introduced, which predates the internet, and this includes Australia's adoption of the Convention on the Rights of Persons with Disabilities in 2008; the introduction of the National Disability Strategy 2010-2020, which was followed by the development and implementation of Australia's Disability Strategy 2021-2031; and, of course, the establishment of the NDIS, which has been a game changer.

The disability sector has called for changes to disability services legislation so that it's more aligned with this transformed service delivery landscape and affirms the rights of people with disability to full inclusion in Australian society. The DSI bill is designed to help deliver the government's commitment to enable people with disability to participate fully in society, to exercise choice and control over their lives and to improve job opportunities, job readiness and support in employment.

Contemporary disability programs employ a range of service delivery models that were not envisaged when the current act was established, and their funding must currently be under the Financial Framework (Supplementary Powers) Regulation 1997. A single unified piece of enabling legislation authorising funding for disability services and supports will avoid the significant administrative delays and lack of effective regulatory oversight of the current system.

Providing a public code of conduct will ensure consistency in the quality of disability supports and services, helping to keep people with disabilities safe. Repealing the current act and replacing it with a modern and more broadly based framework offers the most effective means to create a fit-for-purpose legislative basis for disability programs. The new bill will allow for greater flexibility to respond to emerging needs and changing circumstances now and into the future.

This legislation is needed. Repealing the current act, replacing it with contemporary, modern and streamlined legislation is the most effective way to ensure that the government is able to support all people with disability and complement the supports provided to people with disability who are eligible for the NDIS. This new act will help deliver on the government's commitment to enable people with disability to participate fully in society and exercise full choice and control over their lives. This legislation will strengthen the provision of consistent, high-quality supports and services and ensure people with disability are safe when accessing them through introducing a code of conduct, compliance requirements for eligible activities and consistent and mandatory complaints management processes. Supports and services will continue to be subject to quality and safeguard checks to make sure they are appropriately delivered and that they are person-centred. Consistent national standards will ensure the rights and safety of people with disability in accessing support and services.

This bill embeds its objects and guiding principles in primary legislation, whereas under the Disability Services Act, the objects and guiding principles are prescribed via legislative instrument. This change fosters greater transparency, more certainty and clear articulation of aims and objectives, and provides clearer guidance for actions taken under the legislation.

This bill also supports the realisation of the CRPD by focusing on capacity, experience, empowerment, potential and goals for people with disability. It will also strengthen safeguards and support timely responses to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and non-NDIS initiatives arising from the NDIS review. The amendments will support the government's commitment to principles relating to the rights and opportunities for all people with disability, and will enable people with disability to participate fully in society and exercise full choice and control over their lives to improve their job opportunities, job readiness and support in employment.

The bill does not define disability. This ensures that the provisions in the bill are interpreted broadly and allows the bill to avoid unnecessarily restricting or excluding any person with disability from accessing the services and supports they need. The decision to forego a definition was made based on careful consideration of feedback from the first round of consultation and was tested through a second consultation, with the majority of feedback indicating support for the broad approach taken by the bill. The decision was also supported by a majority of witnesses who gave evidence to the Senate Standing Committee on Community Affairs, Legislation Committee.

The UN CRDP wording on disability is frequently raised as a potential definition. However, it does not define disability in article 2 - Definitions. The commonly referenced wording comes from article 1, which is about purpose:

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

The use of 'include' and the open-ended nature of various barriers in this clause would not be suitable for a legislated definition of disability and excluding these terms would narrow the definition, contrary to the intent of the bill. The lack of a definition does not create issues in targeting supports and services funded under the bill. Individual programs and measures funded under the bill can define appropriate target groups for their services, depending on the nature of the program, service or support.

The purpose of this bill is to enable funding for disability services and supports outside of the NDIS that are not covered by state, territory or local government obligations under Australia's disability strategy. It does not sit in isolation or give effect to international obligations or other legislation on its own. The bill is part of a broader suite of Commonwealth legislation, such as the NDIS Act, the Disability Discrimination Act and the Social Security Act, which all contribute to upholding and promoting the rights of people with disabilities. It complements other Commonwealth legislation, but does so within the scope and objects of the bill. The bill is an enabling legislative framework, offering flexibility and clear authority to fund future supports and services to respond to needs and changing circumstances. The design of new supports and services in the future will be determined by the government of the day, based on these needs and circumstances.

Unlike the National Disability Insurance Scheme Act 2013, the bill is not demand driven and does not create any obligation for the Commonwealth to fund services. This means that the types of services and supports which are funded and the level of funding allocated will remain a decision of the government of the day. Currently, the government can fund services for people with disability outside the current act. However, the new act provides for an improved and more systematic approach to quality and safeguarding arrangements for those services, as all relevant services will now be subject to those arrangements.

There has been extensive public consultation on the bill. The department of social security held public consultations between November 2022 and February 2023. This was to explain the intention to repeal and replace the current act and to give people a chance to provide feedback on what the new act should look like and achieve. The feedback received in the first consultation, including from people with disability, was used to draft the bill. The department then conducted a second consultation, from July 2023 to August 2023, to explain the exposure draft of the bill and invite feedback. This consultation included a number of public information seminars to explain the bill and answer any questions raised. People were invited to complete an online survey, upload a submission or both. Feedback received through both consultations has informed the bill.

The bill establishes a contemporary inclusive framework to fund Commonwealth programs targeted for the benefit of people with disability, their families and their carers. The impact of the bill will be felt across the disability services and support landscape and across the disability community through the government recognising their right to safe and inclusive services that protect their rights and across all of Australia by contributing to creating an inclusive society.

The bill promotes consistency, coordination and accessibility of support services for people with disability and provides a clear basis for the Commonwealth to continue funding disability services and supports alongside the NDIS and alongside state and territory services. Providers will also be subject to stronger and more consistent regulatory requirements to protect the safety and rights of people with disability. This will take into account the nature of the services they provide.

The bill represents significant legislative reform and demonstrates this government's continued commitment to breaking down barriers for people with disability and enabling participation. This bill will benefit all 4.4 million Australians with disability, their families, their carers, their friends and their loved ones by enabling inclusive, accessible and safe supports and services and, importantly, it will contribute to creating a more inclusive society.

Andrew Wallace (Fisher, Liberal National Party) Share this | Link to this | Hansard source

In the short time that I have tonight, I want to touch on a few things in relation to the Disability Services and Inclusion Bill 2023. I will probably come back and finish my speech tomorrow. I've been here for seven years now and, in this place, we have an opportunity to change people's lives for the better and, if we get it wrong, we change their lives for the worse. I am a dad of a daughter who lives with disabilities, Sarah. I'm very proud of my youngest daughter, Sarah. I know that tonight actually she is speaking at the Rotary Club of Mooloolaba about disabilities. I am really proud of her for reaching out into our community and talking about living with disability as a young person. She is a real inspiration and it is my privilege to be her dad. It's my privilege to try in some small way assist people with disabilities. Sarah has certainly taught me a hell of a lot about that. I'm very proud of you, Sarah.

There are 4.4 million Australians who live with disabilities. Those disabilities vary broadly and very widely as to whether they are physical or intellectual, and the scope of those disabilities vary. But one thing remains common amongst all people who live with disabilities, and that is that they want every opportunity to be able to enjoy the same quality of life and the same standard of living as people who live without disabilities—people like me, for example. Sarah tells me, 'Dad, all I want is to be able to live a good and meaningful life and have the same opportunities as everybody else.' When I travel with Sarah—even when we go to the supermarket—we get looks from people when they see Sarah. We get the look that makes me feel uncomfortable, and I know it makes my daughter feel uncomfortable as well.

Debate interrupted.