Senate debates

Thursday, 14 November 2019

Bills

National Disability Insurance Scheme Amendment (Streamlined Governance) Bill 2019; In Committee

9:52 am

Photo of Anne RustonAnne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Hansard source

By leave, could I please move amendments 1 and 2 on sheet TK154 together and, in doing so, could I also table a supplementary explanatory memorandum relating to the government's amendments to be moved to this bill?

The CHAIR: You're seeking leave to move them together?

Yes, please.

Leave granted.

I move:

(1) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Main amendments".

[Royal Commissions]

(2) Page 16 (after line 19), at the end of the Bill, add:

Schedule 2—Other amendments

National Disability Insurance Scheme Act 2013

1 At the end of section 66

Add:

(4) If:

(a) the CEO or an Agency officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and

(b) in order to comply with the summons, notice or requirement, the CEO or Agency officer would be required to disclose information that is protected Agency information;

then, despite sections 62 and 67G of this Act, the CEO or Agency officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.

2 At the end of section 67E

Add:

(4) If:

(a) the Commissioner or a Commission officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and

(b) in order to comply with the summons, notice or requirement, the Commissioner or Commission officer would be required to disclose information that is protected Commission information;

then, despite sections 67B and 67G of this Act, the Commissioner or Commission officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.

3 Section 67G

After "except for the purposes of this Act", insert "or the Royal Commissions Act 1902".

4 Application provision

The amendments of sections 66 and 67E of the National Disability Insurance Scheme Act 2013 made by this Schedule apply in relation to a summons or notice served, or a requirement made, on or after the commencement of this item (whether the protected Agency information or protected Commission information came into existence before, on or after that commencement).

The CHAIR: The question is that the amendments, as moved by the minister together, (1) and (2) on sheet TK154, as well as the explanatory memorandum, be agreed to?

Comments

No comments