Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

I'm happy to have the question on the amendment that the minister just flagged put separately from the rest. I move, in respect of the Disability Services and Inclusion Bill 2023, Greens amendment (1) on sheet 2169, amendment (1) on sheet 2170, amendments (1) and (2) on sheet 2171, amendments (1) and (2) on sheet 2173 revised, amendment (1) on sheet 2174, amendment (1) on sheet 2175, amendments (1) to (3) on sheet 2176, amendments (1) to (7) on sheet 2178, amendments (1) to (3) on sheet 2179, amendments (1) to (3) on sheet 2180, amendments (1) to (3) on sheet 2204 and amendment (1) on sheet 2209; and, in respect of the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023, amendment (1) on sheet 2177, amendments (1) and (2) on sheet 2202 and amendment (1) on sheet 2211:

SHEET 2169

(1) Clause 3, page 2 (lines 15 and 16), omit paragraph (a), substitute:

(a) in conjunction with other laws, give effect to the Convention on the Rights of Persons with Disabilities, including by ending segregation in education, employment, accommodation and housing for people with disability; and

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SHEET 2170

(1) Clause 4, page 5 (after line 23), after subclause (7), insert:

(7A) People with disability, regardless of age, have the same rights as other people with disability, including to receive supports and services.

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SHEET 2171

(1) Clause 4, page 5 (lines 2 to 4), omit subclause (1), substitute:

(1) If this Act requires or permits an act or thing to be done, the act or thing is to be done, so far as is practicable, in accordance with the following:

(a) the general principles in this section;

(b) the Closing the Gap priority reforms;

(c) the Disability Sector Strengthening Plan guiding principles.

(2) Clause 8, page 8 (line 2) to page 12 (line 12), insert:

Australian Local Government Association means the Australian Local Government Association Limited (ABN 31 008 613 876).

Closing the Gap priority reforms means the 4 priority reform areas set out in the National Agreement on Closing the Gap.

Disability Sector Strengthening Plan guiding principles means the 12 guiding principles set out in the Disability Sector Strengthening Plan that was agreed in principle by the Joint Council on 26 August 2022.

Joint Council means the council of:

(a) Commonwealth, State and Territory Ministers; and

(b) a representative nominated by the Australian Local Government Association; and

(c) representatives nominated by the Coalition of Aboriginal and Torres Strait Islander Peak Organisations;

that is known as the Joint Council on Closing the Gap.

National Agreement on Closing the Gap means the agreement between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory, the Australian Local Government Association and the Coalition of Aboriginal and Torres Strait Islander Peak Organisations that took effect on 27 July 2020.

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SHEET 2173 REVISED

(1) Clause 30, page 40 (line 7), after "rules", insert "and guidelines".

(2) Page 43 (after line 7), at the end of Part 5, add:

37 National Assistance Animal Guidelines

(1) The Minister may, by legislative instrument, make guidelines for or in relation to the following:

(a) the accreditation of assistance animals for people with disability;

(b) access to public and private spaces by people with disability with assistance animals.

(2) The Minister must make guidelines under subsection (1) before 1 July 2024.

(3) Before the Minister makes guidelines under subsection (1), the Minister must be satisfied that:

(a) consultation has been undertaken with:

(i) such people with disability, as the Minister considers appropriate, who have lived experience of being assisted by assistance animals; and

(ii) such representatives of organisations, as the Minister considers appropriate, that advocate for people with disability; and

(iii) the Disability Reform Ministerial Council; and

(b) relevant input received as part of that consultation has been taken into account adequately.

(4) Subsection (3) does not limit section 17 of the Legislation Act 2003.

Constitutional basis of this section

(5) This section relies on the Commonwealth's legislative powers under paragraph 51(xxix) (external affairs) of the Constitution.

Additional operation of this section

(6) In addition to subsection (5), this section also has the effect it would have if:

(a) a reference to the accreditation of assistance animals for people with disability were expressly confined to the accreditation of assistance animals for people with disability for the purpose of access to:

(i) a Commonwealth place; or

(ii) a place in a Territory; and

(b) a reference to access to public and private spaces by people with disability with assistance animals were expressly confined to access by people with disability with assistance animals to:

(i) a Commonwealth place; or

(ii) a place in a Territory.

Definitions

(7) In this section:

Commonwealth place means a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970.

Disability Reform Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for the administration of matters relating to disability reform.

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SHEET 2174

(1) Clause 8, page 8 (lines 15 to 18), omit paragraphs (a) and (b) of the definition of advocacy supports or services, substitute:

(a) to assist a person with disability to exercise choice or control in matters that affect the person, including the provision of legal services; or

(b) to assist a person with disability to understand and advocate for their rights and to uphold and enforce their rights, including the provision of legal services; or

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SHEET 2175

(1) Clause 8, page 8 (line 5), after "physical environment", insert ", to access and participate in online or digital spaces".

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SHEET 2176

(1) Clause 8, page 11 (after line 7), after the definition of NDIS Act, insert:

out of home supports or services means supports or services to provide short term care for a person with disability as an alternative care arrangement.

(2) Clause 8, page 12 (lines 3 to 8), omit the definition of respite care supports or services.

(3) Clause 13, page 16 (line 13), omit "respite care", substitute "out of home".

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SHEET 2178

(1) Clause 14, page 17 (after line 30), after paragraph (3)(a), insert:

(aa) must deal with monitoring of compliance with the code of conduct; and

(2) Clause 14, page 18 (line 5), omit "may", substitute "must".

(3) Clause 20, page 25 (line 10), omit "may", substitute "must".

(4) Clause 20, page 25 (after line 20), after subclause (2), insert:

(2A) Rules made for the purposes of subsection (1) must not require a person not to comment on, or advocate support for, a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country if the comment or advocacy is lawful.

(5) Clause 20, page 25 (after line 22), at the end of the clause, add:

Periodic review of the code of conduct

(4) At least once every 3 years, the Minister must cause an independent review of the operation of the code of conduct to be undertaken.

(5) The review must be undertaken by at least one person with disability.

(6) The person or persons undertaking the review must give the Minister a written report of the review.

(7) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(6) Page 25 (after line 22), at the end of Division 2, add:

20A Disability Services Commissioner

(1) The rules must make provision for or in relation to the establishment of an independent Disability Services Commissioner to monitor, investigate, report and enforce compliance with the code of conduct.

(2) Without limiting subsection (1), rules made for the purposes of that subsection:

(a) must establish the Disability Services Commissioner; and

(b) must establish the Office of the Disability Services Commission with the function of assisting the Commissioner in the performance of the Commissioner's functions; and

(c) must specify the terms and conditions of appointment of the Commissioner; and

(d) must specify the functions and powers of the Commissioner, including powers in relation to monitoring, investigating, reporting and enforcing compliance with the code of conduct; and

(e) must specify a quota for the employment of people with disability as staff of the Commission; and

(f) must provide for the Commissioner to notify the Secretary of any alleged breach, or actual breach, of the code of conduct; and

(g) must provide for the Commissioner to perform the Commissioner's functions, and exercise the Commissioner's powers, in way that is efficient and minimises, to the extent possible, duplication of activities undertaken by the Commissioner of the NDIS Quality and Safeguards Commission; and

(h) may create an offence or civil penalty for a breach of the code of conduct.

(7) Clause 36, page 42 (line 25), omit paragraph (2)(a).

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SHEET 2179

(1) Clause 3, page 4 (after line 8), after paragraph (h), insert:

(ha) in conjunction with other laws, give effect to the Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007; and

(2) Clause 3, page 4 (line 31), omit "Note", substitute "Note 1".

(3) Clause 3, page 4 (after line 33), at the end of the clause, add:

Note 2: The Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007 could in 2023 be viewed on the United Nations' website (https://www.un.org).

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SHEET 2180

(1) Clause 4, page 5 (after line 19), after subclause (6), insert:

(6A) People with disability should be included in a co-design capacity.

(2) Clause 8, page 11 (line 31), after "evaluate", insert ", with the involvement of people with disability,".

(3) Clause 36, page 43 (after line 7), at the end of the clause, add:

Co-design of the rules

(4) Before the Minister makes rules under subsection (1), the Minister must be satisfied that the rules are co-designed with people with disability.

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SHEET 2204

(1) Clause 3, page 2 (lines 26 to 29), omit paragraph (e), substitute:

(e) promote respect for the inherent dignity, difference and individual autonomy of people with disability and dismantle barriers to inclusion to ensure the full participation of people with disability on an equal basis; and

(2) Clause 3, page 3 (line 20), after "to the extent possible", insert "within the powers of the Commonwealth".

(3) Clause 3, page 3 (line 23), after "to the extent possible", insert "within the powers of the Commonwealth".

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SHEET 2209

(1) Clause 4, page 5 (after line 26), at the end of the clause, add:

(9) People with disability have the same right as other members of Australian society to be protected against discrimination on all grounds, including protection from facilities or activities that result in segregation or isolation.

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SHEET 2177

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 20 (after line 21), at the end of the Bill, add:

Schedule 8 — Amendment of the Disability Discrimination Act 1992

Disability Discrimination Act 1992

1 Section 52

Repeal the section.

2 Application of amendment

(1) The amendment made by this Schedule applies in relation to a provision in the Migration Act 1958, or a provision in a legislative instrument made under that Act, that was made before, on or after the commencement of this Schedule.

(2) The amendment made by this Schedule applies in relation to a visa application under the Migration Act 1958:

(a) made, but not finally determined, before the commencement of this Schedule; or

(b) made on or after that commencement.

(3) The amendment made by this Schedule applies in relation to any visa in effect on or after the commencement of this Schedule, whether the visa was granted before, on or after that commencement.

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SHEET 2202

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 20 (after line 21), at the end of the Bill, add:

Schedule 9 — Amendment of the Age Discrimination Act 2004

Age Discrimination Act 2004

1 Paragraph 41( 1)( fba )

Repeal the paragraph.

2 Subsection 41(2C)

Repeal the subsection.

3 Application of amendments

The repeals of paragraph 41(1)(fba) and subsection 41(2C) of the Age Discrimination Act 2004, made by this Schedule, apply in relation to anything done by a person on or after the commencement of this Schedule.

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SHEET 2211

(1) Page 1 (line 9) to page 20 (line 22), omit "and Inclusion"(wherever occurring).

The TEMPORARY CHAIR: The question is that Greens amendment (1) on sheet 2714 be agreed to.

Question agreed to.

The TEMPORARY CHAIR: That was the only one that was seeking to be carved out. The question now is that the remaining amendments be agreed to.