Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | Hansard source

by leave—I move government amendments (1) to (16) on sheet CT200 together:

(1) Clause 3, page 4 (lines 5 to 7), omit paragraph (1)(a), substitute:

  (a) in conjunction with other laws, give effect to Australia's obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12); and

(2) Clause 3, page 4 (line 28), at the end of subclause (1), add:

  ; and (i) in conjunction with other laws, give effect to certain obligations that Australia has as a party to:

     (i) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and

     (ii) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); and

     (iii) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); and

     (iv) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and

     (v) the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40).

Note: In 2013, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

(3) Clause 4, page 6 (after line 19), after subclause (12), insert:

(13) The role of advocacy in representing the interests of people with disability is to be acknowledged and respected, recognising that advocacy supports people with disability by:

  (a) promoting their independence and social and economic participation; and

  (b) promoting choice and control in the pursuit of their goals and the planning and delivery of their supports; and

(c) maximising independent lifestyles of people with disability and their full inclusion in the mainstream community.

(4) Clause 4, page 6 (line 20), omit "(13)", substitute "(14)".

(5) Clause 4, page 6 (line 24), omit "(14)", substitute "(15)".

(6) Clause 4, page 6 (line 27), omit "(14A)", substitute "(16)".

(7) Clause 4, page 6 (line 29), omit "(15)", substitute "(17)".

(8) Clause 5, page 7 (line 18), after "circumstances", insert ", and the gender,".

(9) Clause 9, page 12 (lines 7 to 13), omit the definition of Convention on the Rights of Persons with Disabilities.

(10) Clause 26, page 29 (lines 13 to 16), omit subparagraph (1)(b)(ii), substitute:

     (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(11) Clause 36, page 40 (lines 23 to 26), omit subparagraph (2)(b)(ii), substitute:

     (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(12) Clause 50, page 49 (lines 1 to 4), omit subparagraph (2)(b)(ii), substitute:

     (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(13) Clause 73, page 64 (line 4), at the end of subclause (1), add:

  ; and (d) processes to deal with conflicts of interest, or perceived conflicts of interest.

(14) Clause 73, page 64 (after line 19), after paragraph (2)(d), insert:

  (da) obligations relating to dealing with conflicts of interest, or perceived conflicts of interest; and

(15) Clause 85, page 75 (lines 9 and 10), omit "a medical, psychiatric or psychological".

(16) Clause 147, page 119 (lines 8 to 26), omit subclause (5), substitute:

Membership requirements

(5) In appointing the members of the Advisory Council, the Minister must:

  (a) have regard to the desirability of the membership of the Advisory Council reflecting the diversity of people with disability; and

  (b) ensure that all members are persons with skills, experience or knowledge that will help the Advisory Council perform its function; and

  (c) ensure that:

     (i) a majority of the members are people with disability; and

     (ii) at least 2 of the members are carers of people with disability; and

     (iii) at least one of the members is a person who has skills, experience or knowledge in relation to disability in rural or regional areas; and

     (iv) at least one of the members is a person who has skills, experience or knowledge in the supply of equipment, or the provision of services, to people with disability.

Note: A particular member may meet one or more of the conditions in subparagraphs (5)(c)(ii), (iii) and (iv).

By way of explanation of these government amendments, the government has moved amendments in the House to respond to what we have heard from people with disability and their families and carers, from service providers and from the states and territories. Many people have also provided their views to the Senate Community Affairs Legislation Committee's inquiry into the bill, and the government is proposing additional amendments to be moved in the Senate to respond to the committee's report.

The amendments in the House were designed to make it clear that a fundamental aim of the scheme is to maximise the independence of people with disability. In delivering the NDIS, they require that the agency supports the independence, participation and exercise of choice and control by people with disability. The amendments we are moving in the Senate also make clear that, in addition to the cultural and linguistic circumstances of people with disability, their gender should be taken into account by anyone acting on behalf of a person with a disability. That is amendment (8) and responds to committee recommendation 5.

Amendments (1), (2) and (9) and committee recommendation 1 give greater visibility to the object of the scheme that relates to the Convention of the Rights of Persons with Disabilities and other relevant human rights conventions. They include a specific reference to the object of maximising independence for people with disability.

The Senate committee also discussed the role of advocacy and the NDIS in great detail, and the government is proposing amendments to acknowledge the role of advocacy in representing the interests of people with disability and to recognise that advocacy supports people with disability in a range of ways. Those amendments are (3), (4), (5), (6) and (7) and respond to committee recommendation 7.

Amendments (10), (11), (12) and (15) respond to committee recommendation 18. In response to a request by the Senate committee, the amendments also clarify that where an examination is required for access, planning or reviewing in addition to medical, psychiatric and psychological examinations there can be other examinations conducted by an appropriately qualified person.

Amendments (13) and (14) respond to committee recommendation 20. To respond to the Senate committee's concerns, the amendments ensure that NDIS rules can be made to deal with the mechanisms registered providers of supports must have in place for dealing with conflicts of interests. There is a risk of conflicts of interest arising, for example, if a registered provider of supports both provides supports to people with disability and manages funding for supports under plans. The NDIS rules will be able to specify approval criteria and/or ongoing obligations that registered providers of supports must meet for managing conflicts of interest. The NDIS rules will be able to provide more detail around what kind of mechanisms a registered provider who undertakes both functions must have in place.

Amendments (15) and (16) respond to committee recommendation 29. Amendments moved in the Senate provide for greater representation of people with disability on the advisory council while ensuring that a diverse experience of disability is also reflected. As recommended by the Senate committee, the amendments mean that a majority of the people on the advisory council will be people with disability and there will be at least one member who has experience or knowledge of disability in rural and regional areas. This is in addition to the existing requirements that there be at least two people who are carers of people with disability and at least one person with experience or skills in the supply of equipment or services. I commend the amendments to the chamber.