Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

I move:

That—

(1) The Senate

(a) acknowledges that:

  (i) the shocking death of Ms Ann Marie Smith of Kensington Park, Adelaide, shows only too tragically what happens when people with a disability are treated as a number by a system meant to care for them – a system that has failed in its duty of care,

  (ii) Ms Smith lived alone and had to rely on a carer for all her needs following the death of her parents who loved her and made provision for her,

  (iii) Ms Smith died on April 6 from severe septic shock, multi-organ failure, severe pressure sores, malnutrition and issues connected with her cerebral palsy,

  (iv) it was not her disability that killed her,

  (v) Ms Smith died after being deposited in a woven cane chair for 24 hours a day for over a year, which operated as her toilet and bed,

  (vi) Ms Smith was denied love, denied care, denied respect and denied dignity, and

  (vii) no-one should ever have to endure such pain, suffering and isolation;

(b) notes that:

  (i) Ms Smith had been a National Disability Insurance Scheme (NDIS) participant since 2018 under the responsibility of the National Disability Insurance Agency (NDIA), and

  (ii) the NDIS Quality Safeguards Commission has the regulatory and safeguarding oversight for all NDIS clients; and

(c) further notes that the Minister for Social Services was interviewed on ABC Adelaide on 27 May 2020 and confirmed that he knew how many times Ms Smith was checked on by the NDIA, but refused to provide this information in the public interest, arguing, erroneously, that it would prejudice the current inquiry by the NDIS Quality Safeguards Commission.

(2) There be laid on the table by the Minister representing the Minister for the National Disability Insurance Scheme, by 9.30am on 12 June 2020, all advice sought by or provided to Minister Robert with respect to how many times Ms Anne-Marie Smith was 'checked on' by the NDIA regarding her welfare while she was a participant of the NDIS, and all written correspondence between Minister Robert and the South Australian Minister for Human Services, Ms Michelle Lensink, concerning the death of Ms Smith.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

The death of NDIS participant Anne Marie Smith is shocking. As is appropriate, the circumstances of Ms Smith's death are being investigated by independent bodies, including the South Australia Police, the NDIS Quality and Safeguards Commission and the South Australian coroner. The NDIS Commission is investigating Ms Smith's NDIS provider Integrity Care in relation to the provider's management of the incident and the actions of a former support worker.

Reporting serious incidents to the NDIS commission is a critical safeguarding mechanism for people with disability. The NDIS Commissioner has appointed the Hon. Alan Robertson SC to conduct an independent review into the NDIS regulation of the provider of NDIS supports and services to Ms Smith. It's important to allow the investigations to be conducted in a manner that avoids prejudice to any pending or current criminal or civil proceedings.

Question agreed to.