Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Hansard source

I will respond to the second reading amendment and then offer a response in relation to the rest of the debate. The government's position will be to oppose the second reading amendment. It is not a serious amendment in terms of its relationship with the scheme and of the rest of the bill. It is indeed, in my view, just shallow partisanship.

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 is the first legislative step in relation to reform of the National Disability Insurance Scheme. The approach of the government in relation to the bill but also to the second reading amendment is to make it sustainable, to do it fairly for participants and to do it for the long term. There has been deep consideration given to all of the issues not just that Senator Steele-John has raised but that have been raised in exhaustive consultation with the disability community and practitioners in this area to ensure that very thorough checks and balances are included in the act in a way that provides protection for participants, and the kind of hyperbole that has been engaged in over the course of this morning has been incoherent, irresponsible and incorrect—a deliberate catastrophising done in the knowledge that it does social harm itself. That's the truth of the matter, because that's what happens when you approach things through such a shallow partisan lens.

The bill seeks to implement the key recommendations made by the NDIS review focusing on access to the NDIS, how NDIS budgets are set and better safeguards for participants. The changes implement key recommendations of the independent NDIS review and put participants back at the centre of the NDIS, restore the scheme to its original intent and ensure the scheme's sustainability for future generations of Australians. The bill was first introduced to the parliament on 27 March this year, and in the months intervening this government has sought feedback on the bill from people with disabilities and their families, the disability sector and other key stakeholders to ensure that the proposed changes deliver on our intent to improve this life-changing scheme. From this consultation came a number of amendments developed to strengthen the bill which were accepted in the House on 5 June. Because we've listened to the disability community and to our parliamentary colleagues, the government has moved almost 50 amendments to the bill.

The bill has gone through two separate hearings of the Senate Community Affairs Legislation Committee. On 20 June, the committee presented its first report, made three recommendations and agreed that the bill be passed. The bill was introduced to the Senate on 24 June. I'd like to take a moment to acknowledge the hard work of the chair of the committee, Senator Marielle Smith, who, over two inquiries, presided over five and a half days of hearings and the examination of more than 300 submissions. Senator Smith is a passionate supporter of the NDIS and said in her second reading speech on the bill:

The NDIS is a proud Labor legacy. I'm proud of it. I'm proud of everything it has done to support over half a million adults and children with disability today. I'm proud that for a long time it has enjoyed bipartisan support. It is something we as Australians believe in, it's something we in this chamber have believed in and it has been a godsend for so many Australians living with disability and for their families, friends and carers …

The government has proposed 18 amendments that address the recommendations of the committee in the first inquiry and further amendments to strengthen the bill including: firstly, on governance, that first ministers are also to be recognised as ministers for the purpose of category A rule making; secondly, on consultation, that a consultation statement be tabled, accompanying the legislative instrument that sets out consultations undertaken on the instrument; thirdly, on safeguards, that the government clarifies the circumstances under which the additional powers granted to the NDIA CEO through the bill will be used; and fourthly, on budget setting, clarifying that the needs assessments will be holistic and consider all of a person's disability support needs. It also ensures that participants are notified of what impairments or which impairment they need access to the NDIS for. Finally, on integrity, they also include a series of amendments that strengthen the integrity of the scheme.

A further final amendment addresses concerns about the section 10 list for some participants who, in often unique circumstances, could get a better and more cost-effective outcome from using a support that is otherwise not able to be funded by the NDIS. This amendment will allow participants to seek an exception where this is the case.

The bill has not yet passed, because it was referred back to the Senate Community Affairs Legislation Committee in June. The committee publicly released its report last Friday, 9 August. That report has one recommendation, which is that the committee recommend that the bill be passed as soon as practical. This is consistent with the committee's original report but reflects the committee's sense of urgency about the need to get on with this piece of reform as an important and necessary step for making the NDIS sustainable, for making the NDIS fair and for modernising the approach of the agency to its work with agency participants.

Now it is the time for this Senate to discharge its responsibility to NDIS participants and to Australians broadly and to move forward with the bill in a way that commits us to delivering better outcomes for people with disability who engage with the NDIS. I'm confident that the opposition will now work with the government to pass the bill, because, despite our inevitable disagreements about form and process here in Canberra, there is universal agreement amongst Australians that we have to get the NDIS back on track and make this scheme sustainable so it's here for future generations of Australians. Those here in the Senate acting in good faith will see that this bill is done with the best interests of people with a disability, their families and the disability workforce and providers in mind.

I agree with the Minister for the National Disability Insurance Scheme, Mr Shorten, when he said that our system is not so broken that common sense and compassion will not prevail in this instance. It is the right thing to do. We and the whole Australian community know that a significant and permanent disability can happen to any one of us at any time. If it does, whether it is us or someone we love, we have in this country a scheme that will be there for all of us and that gives peace of mind to everyone, knowing that we or our loved one will be supported by Australia's world-leading disability scheme. But, even more, our entire community benefits from building a more inclusive and accessible society. I should say as well that the benefits of building a more inclusive and accessible society go beyond the social benefits; they got to workforce participation and productivity broadly in the economy.

In this bill we propose a framework for broader reform that not only restores the NDIS to its original intent but creates an ecosystem of disability supports and more inclusive foundational mainstream supports and services. The government recommits to the design and implementation of these changes, including extensive consultation and co-design with the disability community—a fact demonstrated by the many amendments to the bill. The government will also continue to work with state and territory partners, and across the political divide, to deliver a fairer and more sustainable NDIS. States and territories and the Commonwealth have a common interest and a shared responsibility to support these reforms, to secure a future of lasting and meaningful outcomes.

The independent NDIS review, which was released on 7 December 2023, was commissioned by this government to work with the disability community to tell us what is working and what is not and, importantly, to tell us how the scheme could be changed to achieve the goal that the disability community envisaged when it was first established in 2013. The significant time the disability community spent responding to, and engaging with, the independent review panel is helping to shape the plan for how the government intends to put people with disability back at the centre of the NDIS, restore trust, confidence and pride in the NDIS, and ensure the sustainability of the scheme for future generations.

The decision to bring forward legislative changes and associated rules was made by National Cabinet in December 2023. This bill provides the framework required for the NDIS to deliver on its full potential, including improved experiences and better outcomes for participants, and restoring trust and confidence in a scheme that has changed the lives of hundreds of thousands of Australians with a disability. This bill will secure the future of the NDIS as a fair and sustainable source of world-class, life-changing support, delivering for the next generation and the generations to follow of Australians who will need it.

This bill is primarily enabling in nature, establishing the necessary scaffolding within the current legislative framework, to be supported by new and amended instruments and rule-making powers. The majority of changes in the bill will not take effect until activated by future changes to NDIS rules. These will be developed in deep consultation and engagement with the disability community, and the majority of legislative instruments will need to be agreed by all states and territories, consistent with existing shared governance arrangements.

To progress this important work, we've worked closely with the Independent Advisory Council and disability representative and care organisations to establish co-design working groups across six key reform areas. The bill includes some measures that commence immediately, including a greater emphasis on spending within the allocation in a participant's plan, where there is no change of circumstances, which will assist in ensuring the scheme's sustainability. This reflects the reasonable expectation that participants should spend up to the limit specified in their plan, unless their needs specifically change, and requires appropriate safeguards to stop others who may seek to exploit or coerce the participant to use their package in a way that is not in their best interests.

The government is working closely with states and territories and the disability community around broader disability reforms, including the foundational supports agreed to by National Cabinet, to commence in the middle of 2025. While it is important to ensure there is careful sequencing of other key recommendations from the NDIS review and the disability royal commission, the bill establishes the framework to allow the time it will take to carefully co-design and develop the detail in subordinate legislation. The government will continue to work with the disability community, state and territory partners and everybody across this parliament, to deliver a fairer and more sustainable NDIS.

The bill is about supporting participants and their families to live a rich and fulfilling life and lays the foundations of a future connected ecosystem of support for all Australians with a disability and, ultimately, a more inclusive and accessible society. In closing, I thank senators for their contributions to this bill and I commend the bill to the Senate.