Senate debates

Thursday, 22 March 2018

Committees

Community Affairs Legislation Committee, Community Affairs References Committee; Government Response to Report

3:35 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Hansard source

I present two government responses to committee reports as listed at item 15 on today’s Order of Business. In accordance with the usual practice, I seek leave to incorporate the documents in Hansard.

Leave granted.

The documents read as follows—

Australian Government response to the Senate Community Affairs Legislation Committee report: Inquiry into the Social Services Legislation Amendment (Payment Integrity) Bill 2017

March 2018

Introduction

The Australian Government welcomes the Senate Community Affairs Legislation Committee (the Committee's) report to the Inquiry into the Social Services Legislation Amendment (Payment Integrity) Bill 2017 (the Bill).

The Bill implements changes to:

          On 22 June 2017 the Senate referred the Bill to the Committee for inquiry with the report tabled on 7 September 2017. The Committee received 14 submissions and held public hearings in Sydney on 30 August 2017 and Melbourne on 31 August 2017.

          Submitters provided feedback in written submissions and in oral evidence to the Committee covering all measures.

          The Committee recommended that the Bill be passed. The Australian Government supports this position. Dissenting Reports by Australian Labor Party Senators and the Australian Greens recommended that the Bill not be passed. Further detail is provided on the following pages.

          Inquiry into the Social Services Legislation Amendment (Payment Integrity) Bill 2017 (the Bill)

          Recommendations made by the Committee

          1. The Committee recommends the information regarding the Bill provided by the Minister to the Senate Standing Committee for the Scrutiny of Bills be included in the Explanatory Memorandum to assist in interpretation of the Bill

          Government Response: Supported

          The Government thanks the Senate Community Affairs Legislation Committee for its report on the Bill and its recommendations that the Bill be passed and that the Explanatory Memorandum to the Bill be updated to include information provided to the Senate Standing Committee for the Scrutiny of Bills.

          An addendum to the Explanatory Memorandum relating to Schedules 1 and 2 of the Bill is being progressed. The addendum responds to comments raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest No. 8, dated 9 August 2017 and addresses dissenting reports from the Australian Labor Party and the Australian Greens who recommended that the Senate not pass the Bill.

          The Government noted the dissenting reports from the Australian Labor Party and the Australian Greens who recommended that the Senate not pass the Bill. However, the Government considers that the four measures introduced by this Bill are essential to improving the sustainability of the Australian welfare system.

          2. The Committee recommends the Bill be passed

          Government Response: Supported

          The Bill introduces four measures designed to improve the integrity and sustainability of the welfare payments system by reinforcing the residency based nature of Australia's welfare system and encouraging greater self-reliance where it is fair and reasonable to do so.

          The Government is committed to ensuring our welfare system is fair and sustainable so that we can continue to support those who need it most both now and into the future. Together the measures in this Bill are estimated to improve the Budget bottom line by around $800 million over the forward estimates, and contribute to the Government restricting real growth in Government payments to 1.9 per cent.

          While Australia's welfare system is already highly targeted, prudent changes, such as those contained in this Bill, are required to maintain the sustainability of the system in the

          longer-term. Without sensible decisions to keep spending under control, the next generation of Australians will be left with more debt to repay and higher taxes.

          These measures include:

            From 1 July 2018, the first measure in this Bill will strengthen the residency requirements for the Age Pension and Disability Support Pension (DSP).

            Currently, to qualify for the Age Pension or DSP, a person must be an Australian resident for a total of 10 years, with at least five of those years being continuous.

            However, there is no requirement for those 10 years to be during a person's working

            life—that is, between 16 years of age and Age Pension age—or for a person to demonstrate self-sufficiency during that time.

            The current residency requirements are generous when compared to the qualifying contribution periods required to receive a pension in other countries. There are examples of OECD countries requiring greater than 10-years' contributions in order to receive a part pension.

            Under this measure, a person who qualifies for the Age Pension or DSP will be required to have 10 years continuous Australian residence and either:

                Where a person does not meet either of these requirements, they will need to have 15 years continuous Australian residence.

                Australia's social security system is based on the principles of need and residency. This measure reinforces and strengthens the residence connection required before a person can qualify for the Age Pension or DSP by increasing the continuous period a person must be an Australian resident.

                This measure strengthens the notion that the retirement costs of a person should be fairly distributed between countries where the person has lived and worked during their working life. The Age Pension and DSP are payments made for the long-term and once granted are generally paid for the remainder of a person's life. This measure ensures that these long term payments are linked to a period of ongoing connection to Australia through residence.

                In addition, this measure addresses concerns raised by the Productivity Commission (Report No. 77, 13 April 2016, Migrant Intake into Australia) regarding the cost of parent migrants who have not resided in Australia during any part of their working lives and who subsequently receive Australian social security payments to financially support themselves in their retirement.

                The community reasonably expects that those choosing to migrate to Australia should be self sufficient to the greatest extent possible. Currently parent migration requires sponsorship by a person residing in Australia through the Assurance of Support program.

                The measure also contains provisions that will ensure migrants subject to an Assurance of Support can access the Age Pension or DSP. An Assurance of Support is given for migrants who enter Australia under certain visa types. It is a commitment by an Australian resident to repay certain social security payments that have been paid to migrants during their Assurance of Support period. Under this measure, where an individual receives an income support payment while under an Assurance of Support, the time spent in receipt of that payment will not be included as time in receipt of an income tested income support program.

                There are also 31 International Social Security Agreements which allow people to combine periods of residence in Australia with eligible overseas residence, for the purposes of meeting pension residence requirements in Australia.

                Existing exemptions to the residency requirements for Age Pension and DSP will remain, such as for humanitarian and refugee entrants or, in relation to DSP, where a person incurs a continuing inability to work after arrival in Australia.

                Around 98 per cent of people applying for the Age Pension or DSP will be unaffected by this measure. Most people claiming Age Pension will already have sufficient residency because they were born in Australia and/or lived here for many years prior to reaching Age Pension age.

                In relation to DSP, the vast majority of recipients are eligible for an exemption from the residence requirements due to suffering their continuing inability to work after migrating to Australia.

                  The second measure in the Bill will cease payment of the Basic Amount of the Pension Supplement for recipients outside of Australia after six weeks for temporary absences from Australia or immediately if the recipient has permanently departed Australia.

                  As part of the Pension Reform Package in September 2009, the Pension Supplement combined into a single payment the value of Telephone Allowance, Utilities Allowance, Pharmaceutical Allowance and the GST Supplement.

                  The Basic Amount of the Pension Supplement is equivalent to the former GST Supplement which was introduced in 2000 to compensate recipients for increases in the costs of living as a result of the GST.

                  The Basic Amount of the Pension Supplement is currently $23.10 per fortnight for singles and $38.00 per fortnight combined for couples (as at 20 September 2017).

                  Currently, if a recipient goes overseas, their Pension Supplement is reduced to the Basic Amount after six weeks temporary absence from Australia, or immediately for permanent departures.

                  Under this measure, no Pension Supplement will be paid if a recipient has been overseas temporarily for six weeks or has permanently left Australia.

                  It is important to note that Age Pension recipients, and a small number of pension recipients with indefinite portability will continue to receive their pension overseas indefinitely. Their basic rate of pension, which does not include Pension Supplement, will continue to be paid up to 26 weeks temporary absence after which it may be adjusted to reflect their working life residence.

                  The Basic Amount of the Pension Supplement generally represents only a small proportion of a person's full rate of income support and was designed to assist with the cost of living in Australia. There is no economic reason to continue to compensate recipients for the impact of the GST while they are overseas for anytime longer than a short term absence.

                  Income support recipients who are outside of Australia for more than six weeks, or who leave Australia permanently, are not likely to be impacted by the Australian GST and therefore it is no longer appropriate to continue to provide them with the Pension Supplement Basic Amount.

                  This measure reinforces the residence based nature of the Australian social security system and contributes to the ongoing sustainability of the social welfare system.

                  It is recognised that recipients who travel overseas for short periods may have ongoing financial commitments in Australia; however, six weeks is considered a reasonable period of time for these costs to be partially offset by the Australian taxpayer. This change will align the Pension Supplement with the portability arrangements for most other income support payments, which cease at six weeks. On 1 January 2013 portability periods for most working age payments reduced from 13 to six weeks and Family Tax Benefit Part A portability was reduced to six weeks on 1 July 2016.

                    From 1 July 2018, the third measure in the Bill will introduce more consistent income testing of Family Tax Benefit Part A payments for higher income families. This will help to ensure that these payments are targeted to those families most in need.

                    Currently, there are two different approaches to income testing for higher income families receiving Family Tax Benefit Part A, with the test that results in the higher rate applied.

                    The first test, known as the maximum rate income test, reduces (tapers) the maximum rate by 20 cents for each dollar over the Lower Income Free Area (currently $52,706).

                    The second test, known as the base rate income test, reduces the base rate by 30 cents for each dollar over the Higher Income Free Area (currently $94,316). This applies until the payment is nil.

                    From 1 July 2018, the income test taper for the first test (the maximum rate income test) will increase from 20 to 30 cents for each dollar beyond the Higher Income Free Area (currently $94,316). This will bring it into line with families assessed under the base rate income test, who are already subject to a 30 cent taper. This means that the amount of Family Tax Benefit Part A payable will reduce by 30 cents for every dollar above $94,316, irrespective of which test a family is assessed under.

                    The maximum rate income test taper will remain at 20 cents in the dollar for the assessment of all income between the Lower Income Free Area ($52,706) and the Higher Income Free Area.

                    This change will ensure that all families, whether they are assessed under the base rate or maximum rate test and regardless of how many children they have, are treated the same once their income exceeds $94,316.

                    The Government remains committed to helping parents balance their work and family responsibilities through a range of programs and payments but this must necessarily be balanced with the responsibility to ensure family assistance and social security payments are well targeted and sustainable into the future.

                    This change will only affect higher income families, who receive a lower rate of payment than lower income families, and are better equipped to absorb the effects of the changes.

                    This measure will improve the sustainability of the family payments system over the long term, while continuing to provide assistance to families in need.

                    The Government's commitment to improved child care, in conjunction with the Paid Parental Leave Scheme and Family Tax Benefit payments, ensures that parents with young children receive support to care for and raise their children. The Government's $37 billion investment in child care support over the next four years will provide genuine and much needed reform to make child care more affordable, accessible and flexible and the majority of Australian families balancing work and parenting responsibilities will benefit from the new system.

                    We will continue to support Australian families, but will do so in a way that is fiscally responsible, by ensuring financial assistance is provided to those most in need while also encouraging self-provision.

                      The final measure in this Bill will increase the maximum Liquid Assets Waiting Period from 13 weeks to 26 weeks for new income support claimants from 20 September 2018.

                      This measure does not apply to people with low or modest amounts of liquid assets. The extended Liquid Assets Waiting Period will only apply to those whose liquid assets are significant enough that they would serve the maximum waiting period under current rules.

                      Under this change, the new maximum 26 week Liquid Assets Waiting Period will apply to:

                          In 2016-17, the liquid assets held on average by a person serving the maximum 13 week Liquid Assets Waiting Period was in the order of $67,000. This indicates that many claimants have greater capacity to support themselves than the current Liquid Assets Waiting Period recognises.

                          The Liquid Assets Waiting Period is a long-standing feature of the payments system. It helps to ensure that people with the means to support themselves do so for a period, before relying on tax-payer funded income support.

                          The Liquid Assets Waiting Period is the period of time that a person claiming Newstart Allowance, Sickness Allowance, Youth Allowance or Austudy is expected to use their liquid assets—such as cash, bank deposits and shares—for self-support before they can begin receiving payment. Liquid assets do not include superannuation or termination payments that have or will be rolled over. Contrary to claims made by the Australian Labor Party and The Australian Greens, where a person has not been paid payments owed to them by their former employer, they are not treated as a liquid asset.

                          A Liquid Assets Waiting Period applies if a person's liquid assets are equal to or exceed:

                              Currently, the Liquid Assets Waiting Period may be between one and 13 weeks, depending on the amount of cash or other liquid assets the person has. The length of the waiting period increases by one week for every $500 held above the threshold for single people with no children or $1,000 for couples and people with children

                              For example, a single person with no children and $5,500 in liquid assets would serve a one week Liquid Assets Waiting Period; a person with $6,000 would serve two weeks.

                              Currently, the maximum Liquid Assets Waiting Period is capped at 13 weeks. The maximum waiting period applies if a person's liquid assets are equal to or above $11,500 if they are single with no children; or $23,000 if they are partnered or have children.

                              The maximum length of the Liquid Assets Waiting Period was set at 13 weeks in 1997, and has not changed since then. By contrast, the average level of liquid assets held by claimants has risen considerably.

                              Under this measure, the maximum length of the Liquid Assets Waiting Period will now be capped at 26 weeks. This is designed to encourage those with greater means, to support themselves for longer before receiving payment. It ensures that the Liquid Assets Waiting Period better reflects the current profile of claimants and their capacity to support themselves. It also better targets access to payment to those who have limited other means of support and are more in need of immediate assistance.

                              Claimants serving a Liquid Assets Waiting period may be eligible for certain employment services program, including jobactive. Job seekers entitled to work in Australia are able to access help from a jobactive provider, as a volunteer, for up to six months. This ensures that claimants have access to help to find sustainable work.

                              Claims lodged on or after 20 September 2018, will be subject to the new maximum length for the Liquid Assets Waiting Period. Claimants already serving a Liquid Assets Waiting Period on 20 September 2018 will not have their Liquid Assets Waiting Period extended.

                              Only the maximum length of the Liquid Assets Waiting Period is changing. The thresholds at which the Liquid Assets Waiting Period applies will stay the same at $5,500 for singles with no children and $11,000 for others. These thresholds ensure that people are able to retain an appropriate level of savings to meet the costs of finding and securing work, as well as any unexpected expenses that may arise.

                              The existing range of exemptions from the Liquid Assets Waiting Period will also remain in place, including for people who experience severe financial hardship through having incurred reasonable or unavoidable expenditure. This ensures that people can still access income support if their financial circumstances change and they are no longer able to support themselves.

                              The definition of unavoidable and reasonable expenditure will remain unchanged. Unexpected expenses include things like replacing essential white goods, funeral expenses, essential repairs to car or home, medical expenses, school expenses and motor vehicle registration.

                              As students often work for a period before commencing study to earn money which is saved for use during the semester on major expenses, full-time students claiming Youth Allowance or Austudy will still be able to reduce their liquid assets by certain allowable deductions directly related to their course of study. This ensures that students are able to retain the savings they need to pay for their studies.

                              It is also important to note that superannuation assets are exempt from the Liquid Assets Waiting Period and therefore these changes will not impact the resources of older Australians set aside to support them during retirement.

                              Dissenting Reports

                              1. Dissenting Reports by the Australian Labor Party and The Australian Greens ' Senators recommended that the Bill not be passed

                              Government Response: Noted.

                              The following addresses key concerns raised in the dissenting reports.

                                The dissenting reports expressed concern that this measure targets older migrants.

                                The dissenting report from the Australian Greens expressed concern that Special Benefit is being used to fill perceived gaps in this measure instead of being a discretionary payment of last resort. A person who doesn't qualify for Age Pension or Disability Support Pension because of the tighter residency rules could still qualify for Special Benefit.

                                The Government responds that access to Special Benefit remains as a safeguard for those people who experience financial hardship to ensure individuals can maintain an adequate standard of living. Special Benefit is an income support payment that provides financial assistance to people who, due to reasons beyond their control, are in financial hardship and unable to earn a sufficient livelihood for themselves and their dependants. A person who is likely to require Special Benefit for less than three months is considered to be in financial hardship if their available funds are not more than two weeks payment. A person who is likely to require Special Benefit for three months or more is considered to be in financial hardship if their available funds are not more than $5,000. The base rate of Special Benefit is the same as Newstart Allowance. However, Special Benefit has a different income test whereby any income or in-kind support, such as free board and lodgings, is directly deducted from the amount otherwise payable. There is no allowable income free area and no graduated taper. Recipients of Special Benefit may also be entitled to supplementary payments such as Rent Assistance, and the Pension Supplement, if over age pension age.

                                The Australian Labor Party's dissenting report raised concern about inconsistencies in the application of grandfathering provisions. Those people who qualify for the Age Pension or DSP on or after 1 July 2018 will need to meet the new residency rules. However, people granted Age Pension or DSP prior to 1 July 2018 who subsequently lose payment will not be affected by this measure if they later seek to return to payment. They will continue to be assessed under the pre-July 2018 residence qualification rules. Grandfathering of certain payment recipients is designed to ensure people already in receipt of payment under the rules at the time of claim are not disadvantaged.

                                This measure is compatible with the right to social security, the right to an adequate standard of living and to the right to equality and non-discrimination.

                                This is because any limitation is proportionate to the policy objective of ensuring a payments system that is well-targeted and sustainable in the context of broader, necessary Budget repair, and ensuring permanent pension recipients have an ongoing connection to Australia.

                                Schedule 2: Stopping the payment of pension supplement after 6 weeks overseas

                                Public submissions as well as the Australian Labor Party and The Australian Greens' dissenting reports claim the measure disadvantages pensioners. Concerns were also raised that there is no provision for grandfathering of the Pension Supplement.

                                The Government responds that it is unfair to expect the Australian taxpayer to subsidise overseas travel via the Pension Supplement. The Pension Supplement is designed to alleviate the cost of living pressures for income support recipients living in Australia, not to meet the costs of traveling overseas.

                                  Both the Australian Labor Party and The Australian Greens dissenting reports stated that the measure will predominantly impact large families and exacerbate existing cost of living pressures.

                                  The Government remains committed to helping parents balance their work and family responsibilities through a range of programs and payments but it is necessary that this be balanced with the responsibility to ensure family assistance and social security payments are well targeted and sustainable into the future.

                                  This measure will only affect higher income families, who receive a lower rate of payment than lower income families, and are better equipped to absorb the effects of the changes.

                                    The Australian Labor Party and The Australian Greens have claimed that this measure would push vulnerable Australians further into financial hardship.

                                    The Government responds that this measure will only affect those with greater reserves of liquid assets to draw on to support themselves, those claimants with liquid assets above $11,500 (if single with no dependents) or $23,000 (if partnered or has dependents).

                                    Those with low to modest levels of liquid assets below these amounts who either are not subject to a Liquid Assets Waiting Period or have a Liquid Assets Waiting Period of 13 weeks or less will not be affected by this measure.

                                    The existing range of exemptions will also remain in place, including for people who experience severe financial hardship because they have incurred reasonable or unavoidable expenditure. Also, full-time tertiary students claiming Youth Allowance or Austudy are able to reduce their liquid assets by certain allowable deductions directly related to their course of study, such as up front course fees, HECS-HELP payments, student union fees, and the cost of text books, tools or equipment required to undertake the course.

                                    Australian Government response to the Senate Community Affairs References Committee report: Inquiry into the delivery of outcomes under the National Disability Strategy 2010-2020 to build inclusive and accessible communities

                                    March 2018

                                    Introduction

                                    The Australian Government welcomes the Senate Community Affairs References Committee's report to the Inquiry into the delivery of outcomes under the National Disability Strategy 2010-2020 (the Strategy) to build inclusive and accessible communities. The Australian Government is committed to the Strategy's vision of 'an inclusive Australian society that enables people with disability to fulfill their potential as equal citizens'.

                                    The Australian Government remains committed to supporting communities to maximise participation and inclusion, and acknowledges the Committee's findings in response to the experiences and accounts presented during the Inquiry.

                                    The Strategy is Australia's overarching policy framework for disability reform and the key mechanism for driving more inclusive policy and program design across all levels of government. It is aligned with the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and establishes a framework to monitor the implementation of the Convention in Australia. The Strategy reflects the findings of an extensive consultation process with the Australian community, national disability and carer peak organisations, employers and industry experts. Ongoing engagement and consultation with people with disability and their representative organisations, including the National Disability and Carers Advisory Council (NDCAC), continues to be an important part of the Strategy's implementation.

                                    The Committee's 2017 report examines the accessibility and inclusiveness of the Australian community for people with disability. It covers a number of themes that relate to the Strategy's first outcome area, 'Inclusive and accessible communities', including the planning, design, management and regulation of the built and natural environment; transport services and infrastructure; and communication and information systems, including barriers to progress or innovation in these areas. Consideration is given to the effect of restricted access for people with disability on inclusion and participation in all aspects of life.

                                    The Australian Government's response to this Inquiry supports the Committee's recommendation that all Australian Governments recommit to the Strategy, including contributing to regular progress reporting. In September 2016, the Council of Australian Governments' (COAG) Disability Reform Council (DRC) agreed to reinvigorate all governments' efforts to drive progress under the Strategy. This is particularly important as the National Disability Insurance Scheme (NDIS) approaches full scheme rollout. Further reinvigoration efforts will focus on resolving NDIS mainstream interface issues to ensure smooth transitions and continuity of support, improving the evidence base, and raising community awareness of the intent of the Strategy.

                                    The Response recognises the importance of effective cross-system coordination and continues to support DRC in this role. The establishment of a dedicated Office of Disability Strategy is not seen as an alternative coordination mechanism at this point in time. Maintaining close links between the Strategy and the NDIS within the Social Services portfolio are an important priority in the lead up to full scheme rollout. This arrangement will support work that ensures key mainstream systems are meeting the needs of all people with disability, including NDIS participants.

                                    The Response supports in-principle the inclusion of measurable actions and goals within the Strategy's implementation plans, as well as monitoring and reporting on their progress. The Government already has arrangements in place that address these recommendations, including improved data collection and work towards the development of a more robust reporting framework to support a new national disability policy framework for beyond 2020. Similarly, the Response outlines an existing strong commitment to the continuing application of best practice principles for engaging with people with disability, their representative organisations and other key stakeholders and supports the development of best practice guidelines.

                                    Finally, the Response offers in-principle support for recommendations seeking a revised National Disability Strategy. DRC has approved the development of a new national disability policy framework. The new framework will be informed by a strategic review of the current Strategy, involving extensive consultations with people with disability, their representative organisations and other key stakeholders.

                                    Inquiry into the delivery of outcomes under the National Disability Strategy 2010-2020 to build inclusive and accessible communities

                                    Recommendations made by the Committee

                                    1. The Committee recommends that all Australian Governments recommit to the National Disability Strategy 2010-2020 and meeting associated domestic and international reporting obligations.

                                    Supported.

                                    In September 2016, COAG's DRC, which has as its members all Commonwealth, state and territory disability ministers and ministers of all Treasury portfolios, agreed to reinvigorate all governments' efforts to drive progress under the Strategy, including through the second implementation plan.

                                    Commonwealth agencies are strengthening their efforts to ensure the needs of people with disability are considered in the development of all policies, programs and infrastructure. Mental health, the broader health system, and the criminal justice system will receive particular attention. These three areas are of critical importance to people with disability, and are crucial to the successful implementation of the NDIS.

                                    At its 20 November 2017 meeting, DRC agreed to further reinvigoration activities, which include a focus on resolving NDIS mainstream interface issues; improving the evidence base in terms of data collection and reporting; and scoping the development of a targeted approach to build community awareness and promote the intent of the Strategy more broadly.

                                    The Strategy's biennial progress reports track achievements under the Strategy, using national trend indicator data. The Australian Government is committed to the development of the Strategy's progress reports, which are important mechanisms for negotiating areas of national focus, and for highlighting areas where more attention is required.

                                    The Strategy is an important mechanism to ensure that the principles underpinning the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) are incorporated into all policies, services and programs affecting people with disability, their families and carers. All levels of government have an obligation to act in accordance with the rights provided for in the UNCRPD.

                                    Australia's first report to the United Nations Committee on the Rights of Persons with Disabilities (UN Committee), outlining the measures that give effect to our obligations under the UNCRPD, was delivered in December 2010. At its 10th Session in September 2013, the UN Committee considered Australia's continued implementation of the UNCRPD. In October 2013, the UN Committee's Concluding Observations commended Australia for many actions, including the adoption of the Strategy and the introduction of the NDIS. Australia's next periodic report is due for submission to the UN Committee in August 2018.

                                    2. The committee recommends that the government takes to the Disability Reform Council for consideration a proposal to establish an Office of Disability Strategy under the oversight of the Disability Reform Council, as a coordination agency for the National Disability Strategy 2010-2020 and for the revised National Disability Strategy after 2020.

                                    Not Supported.

                                    The establishment of a dedicated Office of Disability Strategy is not seen as an alternative mechanism for cross-system coordination at this point in time. COAG's DRC is the key mechanism for coordinating policy and services affecting people with disability, their families and carers, across all areas of the Commonwealth Government and with all state and territory governments. This is critical where, in Australia, all governments have responsibilities for people with disability.

                                    DRC is explicitly responsible for implementing a broad range of reforms through the Strategy to ensure services and systems are inclusive and accessible for people with disability, their families and carers. It is supported by the Senior Officials Working Group (SOWG), which comprises senior level representatives from the Commonwealth and each jurisdiction's department responsible for disability policy, first ministers and Treasury. SOWG is supported by the National Disability Strategy State and Territory Officials Working Group. This working group is chaired by the Commonwealth, through the Department of Social Services, and comprises senior policy representatives from state and territory departments with responsibility for disability services.

                                    In November 2017, DRC demonstrated its ongoing commitment to the Strategy, by agreeing to further activities to reinvigorate it, including resolving issues relating to the interface between the NDIS and other services that assist people with disability. At this meeting, DRC also agreed to commence work immediately on preparing for a new national disability framework for beyond 2020. This work will help ensure service systems work together effectively at the local level to coordinate supports and, as much as possible, support continuity of care within each jurisdiction.

                                    As implementation of the Strategy continues, there will be a particular focus on ensuring that key mainstream systems are meeting the needs of all people with disability, including NDIS participants. Resolving variances in mainstream service provision is essential to the success of the NDIS. Maintaining close links between the Strategy and the NDIS within the Social Services portfolio is an important priority, particularly during transition to full scheme rollout. This arrangement will strengthen and support work that ensures key mainstream systems are meeting the needs of all people with disability, including NDIS participants.

                                    3. The committee recommends that if an Office of Disability Strategy is established, that people with disability are consulted at every stage of its development and implementation.

                                    Recommendation noted. Refer to above response to Recommendation 2. The Australian Government does not support the establishment of an Office of Disability Strategy and remains committed to established coordinating mechanisms across all areas of government.

                                    The Australian Government will continue to engage people with disability through the Strategy via consultations with their representative organisations and government advisory bodies, including NDCAC. To complement this approach, direct consultation with people with disability, their families and carers will be undertaken as appropriate.

                                    4. The committee recommends that specific measurable goals for implementation of the National Disability Strategy 2010-2020 are created, that these are routinely monitored, and data is collected and reported biannually to the Disability Reform Council, the Office of Disability Strategy (if created) and presented to parliament.

                                    Supported in principle.

                                    COAG's DRC recognises the importance of monitoring and reporting progress against the Strategy as a means of determining whether life is improving for Australians with disability. The Strategy also provides a mechanism for contributing to reporting requirements under the UNCRPD. The Strategy's implementation plans seek to guide policy development across all levels of government to improve the accessibility of mainstream programs and services. Implementation aims and goals are outlined across the Strategy's six outcome areas and key actions are identified, including areas of national cooperation where further effort is required.

                                    The Strategy's biennial progress reports track achievements under the Strategy. The first two-yearly progress report was presented to COAG in December 2015 and a second is being finalised. These reports detail specific implementation achievements of COAG partners and the extent to which the Strategy has driven reform in the design and delivery of mainstream services. They make use of national trend indicator data, and include the views of people with disability and their representative organisations. While achievements may not be immediately measurable because of the Strategy's long-term focus, a key feature of the first progress report was the inclusion of baseline population trend data to monitor and track national progress against the Strategy's six policy outcome areas.

                                    In November 2017, DRC agreed to improve the evidence base relating to people with disability through improved data collection and the development of a more robust reporting framework to support a new disability policy framework for beyond 2020. The Australian Institute of Health and Welfare (AIHW), in consultation with the Department of Social Services, is undertaking preliminary research, including an analysis of data gaps, as a first step towards the development of a comprehensive disability data plan for the future. This work will contribute to the development of a more robust reporting framework. The project will engage stakeholders and assess the capacity of various data sources to answer key questions about the experience of people with disability. The project is due for completion in mid-2018.

                                    5. The committee recommends the development of best practice guidelines for detailed consultation with people with disability and their advocates under the National Disability Strategy 2010-2020.

                                    Supported.

                                    In accordance with the UNCRPD, the Australian Government is committed to engaging with people with disability, their families, carers and representative organisations. It is important to ensure the expressed views, lived experience and ongoing advice of people with disability are reflected in the development of policies and programs that affect their lives.

                                    The Australian Government is currently considering the best approach to the development of best practice consultation guidelines.

                                    6. The committee recommends that a revised National Disability Strategy, with an extended timeframe of operation, be devised in consultation with people with disability, including consideration of the critical role of advocacy in this process.

                                    Supported.

                                    In November 2017, COAG's DRC agreed to commence a program of work to develop a new national disability policy framework for beyond 2020. This process will involve a strategic review of the Strategy and extensive engagement with key stakeholders, including people with disability, their families, carers and representative organisations; state, territory and local governments; and national, state and territory advisory councils, including NDCAC.

                                    The Australian Government recognises the important contribution that independent advocacy continues to make in support of the Strategy's implementation, particularly in terms of assisting people with disability to access both mainstream and disability-specific services, including the NDIS. Independent advocacy will continue to play an important role in the implementation of a new national disability policy framework beyond 2020.

                                    7. The committee recommends the revised National Disability Strategy should include development of solutions to the barriers identified to this committee.

                                    Supported in principle.

                                    A strategic review of the Strategy will be undertaken in 2018 to inform the development of a new national disability policy framework for beyond 2020.

                                    The review will consider whether there has been an improvement in outcomes for people with disability, including how effective the Strategy has been in promoting, driving and embedding an inclusive response to disability across key mainstream support systems. This will be measured in accordance with national trend indicator data, together with the views and experiences of people with disability and their representative organisations.

                                    As well as considering information provided to the Senate Community Affairs References Committee for this Inquiry, the review will seek input from the National Disability and Carers Advisory Council and other key stakeholders including families and carers, advocacy and other organisations, academics and governments. The review will also draw upon the findings of key reports on Australia's progress in relation to the United Nations Convention on the Rights of Persons with Disabilities.

                                    The new national disability framework for beyond 2020 will build on existing actions that are driving improved outcomes for people with disability and will identify new ways for improving the inclusiveness of essential services, infrastructure and support systems.

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