Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Hansard source

I thank Senator Siewert for her contribution. I should say that I do not think any colleague in this place brings anything other than a genuine approach to their views in relation to the BSWAT payment scheme and disability enterprises. It is just that, from time to time, in this area we have reached different conclusions.

In response to Senator Siewert's contribution, the Federal Court determination was in relation to the specific circumstances of Mr Nojin and Mr Prior, and I think it is important to recognise that, while that case obviously has affected the confidence of a number of people in the BSWAT, the basis upon which we are looking at this matter is really to respond to the lack of confidence. There has not been a court determination in relation to the BSWAT as a whole. The court determination has only been in relation to the application of the BSWAT—how it was applied to the specific circumstances of Mr Nojin and Mr Prior. But, of course, we recognise that there has been an effect on the confidence in the BSWAT tool.

We have sought to address the present, the future and the past in this matter. In my opening contribution, I probably did not emphasise enough the importance of disability enterprises. Yes, I agree with Senator Siewert, but all of us here are remorselessly focused on the individual supported employee. That is the beginning and the end of our consideration. It is all about the supported employees. But it is also important, in ensuring the continued employment of supported employees in disability enterprises, that we seek to create, as far as possible, a more certain environment for disability enterprises. This is why I strongly supported seeking a temporary exemption from the DDA for the BSWAT, why we put in place the $173 million to develop a new tool and help with transitions costs for ADEs to a new wage assessment tool, and why we are seeing to legislate a BSWAT payment scheme. I think those three things together help to create an environment that is more certain for disability enterprises. That is my objective. The intention to provide a more certain environment for disability enterprises is solely focused on ensuring that they are in a good place to be able to continue to employ people with disability, which I think is what all of us are about.