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

Just in clarification, Senator Steele-John, of course I stand prepared to respond to all the questions that I'm sure you're going to ask more generally. I just sought to move this along by moving these amendments and then, of course, I'll be very pleased to enter into a debate.

The amendments that I have just moved are particularly specific. They relate to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability on the basis that it is highly likely that the royal commission will request a range of data and information, including information that may well be protected. We believe that both the NDIA CEO and the NDIS commissioner need to be in a position where they are able to provide, if they're required to provide, the royal commission with access to the information it needs to fully inform itself in relation to any information that is put before it.

Currently, the confidentiality provisions that are provided in the NDIS Act allow for the sharing of information, including protected information, but it is actually subject to the agreement of the head of the agency. We believe, given the importance of the royal commission in terms of its findings and ensuring that it has the capacity to undertake its deliberations and investigations uninhibited, that it is appropriate that the NDIA CEO and the NDIS commissioner be required to provide that protected information in response to a summons or a notice issued under the Royal Commission Act rather than it being subject to a decision.

So the proposed amendment to the NDIS Act clarifies those requirements for these agency heads to produce documents and information that include protected information, despite those provisions which currently exist within the act. We believe that this approach will increase confidence in the operation of the royal commission by ensuring that it has all the information that it requires to do its job.