Senate debates
Monday, 9 November 2020
Bills
National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020, Services Australia Governance Amendment Bill 2020, Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Bill 2020; Second Reading
6:41 pm
Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Link to this | Hansard source
I table a revised explanatory memorandum relating to the National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020. I move:
That these bills be now read a second time.
I seek leave to have the second reading speeches incorporated in Hansard.
Leave granted.
The speeches read as follows—
NATIONAL DISABILITY INSURANCE SCHEME AMENDMENT (STRENGTHENING BANNING ORDERS) BILL 2020
The National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill strengthens the existing powers of the National Disability Insurance Scheme (NDIS) Quality and Safeguards Commissioner to ban a worker or provider from delivering services in the NDIS market.
This Bill aims to protect and prevent people with disability from experiencing harm from service provision and the people who work closely with them.
The recent tragic circumstances surrounding the death of Ann Marie Smith in South Australia has highlighted just how important it is to have the strongest possible protections available for NDIS participants.
The death of Ms Smith is absolutely shocking and the circumstances that led to her death must never be allowed to happen again.
As is appropriate, the circumstances of Ms Smith's death are being investigated by the independent bodies established to do just that. These independent bodies include the South Australia Police, the NDIS Quality and Safeguards Commission and the South Australian Coroner.
NDIS Commissioner, Mr Graeme Head AO, has also announced the appointment of former Federal Court judge, the Hon. Alan Robertson SC, to lead an independent inquiry into the adequacy of the regulation of the supports and services provided to Ms Smith, including regulation in relation to quality and safeguarding pursuant to the functions and powers of the Commissioner of the NDIS Commission.
We should allow these investigations to continue without prejudice, however, the legislative amendments for strengthening banning orders were raised in the context of the Review of the National Disability Insurance Scheme Act (NDIS Act) and were originally intended to be introduced as a part of the National Disability Insurance Scheme Amendment (Participant Service Guarantee and Full Scheme) Bill 2020. Due to the coronavirus pandemic, the public consultation and introduction of this Bill has been delayed and is not expected to be considered until the Spring legislative program.
Given this delay, and our commitment to have these protections in place, the Government believes it is important to bring forward the amendments to strengthen the banning order provisions earlier as a standalone Bill. This will ensure the NDIS Commission has the strengthened tools it needs to support the safety of NDIS participants as soon as possible.
The NDIS is one of the largest social and economic policy reforms in Australian history. It is transforming the lives of people with disability across the country.
As at 31 March 2020, there was 364,879 participants in the NDIS (excluding Western Australia). Around 150,000 of those people are receiving supports for the first time.
All Australian governments are committed to ensuring the safety and wellbeing of NDIS participants. In December 2016, the Council of Australian Governments (COAG) endorsed the NDIS Quality and Safeguarding Framework. The Framework was the result of over three years of consultation with people with disability, carers and providers. It sets out a new approach to regulation for the NDIS to protect NDIS participants.
The national Framework replaces the disparate quality and safeguards arrangements for disability services in states and territories, with national protections to support the new national disability scheme and participants' access to services under the Scheme.
To meet the Commonwealth's responsibilities under the Framework, the Government took strong, decisive action by establishing an independent, national body—the NDIS Commission—to ensure the quality and safety of NDIS services and to protect and prevent people with disability from experiencing harm.
The NDIS Commission, as the independent national regulator, plays a key role in building confidence in the NDIS through its regulatory and compliance functions including registration of providers, complaints and reportable incidents, oversight of behaviour support, investigation and compliance and its role in developing and implementing nationally consistent NDIS worker screening.
The NDIS Commission has been in operation in NSW and South Australia since 1 July 2018 and all other jurisdictions since 1 July 2019, except Western Australia, which will come under the auspices of the NDIS Commission from 1 December 2020.
As at 31 March 2020, 17,006 NDIS providers were registered with the NDIS Commission. Of those registered, 45 per cent were individuals/sole traders.
As an independent statutory body with integrated functions, it is important the NDIS Commission has robust investigation and regulatory powers, and can take strong action where serious matters arise that affect the safety of NDIS participants including de-registration, banning and civil penalties where appropriate.
The capacity for taking strong regulatory action is essential in ensuring NDIS participants can live lives free from violence, abuse, neglect and exploitation.
This is why this Bill is so important. It seeks to strengthen the NDIS Commission's banning order provisions to address the limitations of the current provisions under the NDIS Act (2013). The new provisions will help ensure providers and workers who should not be delivering services under the NDIS cannot do so.
Currently, the National Disability Insurance Scheme Act 2013 already empowers the NDIS Quality and Safeguards Commissioner to make banning orders.
However, it has become apparent the provisions under which the NDIS Quality and Safeguards Commissioner may issue banning orders are too narrow.
The circumstances in which a banning order could be applied against a person, either a provider or worker, are those listed in Section 73ZN of the NDIS Act. A banning order may be issued where the NDIS Commissioner reasonably believes at least one of the following situations exists:
A banning order may apply generally, to prevent a provider or person from providing any NDIS supports or services, or may be limited to a class of supports or services, or to particular people.
Before issuing a banning order, the Commissioner would consider if the action would be reasonable, timely and proportionate in relation to the issue in question, what action has been taken previously, and whether there are more appropriate avenues to deal with the issue.
These and other general provisions will not change.
However, under the current legislation, the Commissioner can only apply these provisions when the worker is engaged by a provider that is delivering services under the NDIS.
This means if a worker's engagement ends, such as if a worker is sacked because of the issue under consideration, the NDIS Commissioner cannot issue a banning order to the worker.
Similarly, under current legislation it is unclear, even if a banning order is applied before a worker's engagement ends or the provider they work for leaves the NDIS, that the order stays in force.
Further, the Commissioner cannot currently issue a banning order to a person who is not yet involved in the delivery of NDIS services but is unsuitable to be involved in delivering them based on their known record in another similar sector such as aged care or child care. That is, a person who could have effectively been banned from one of these other sectors for reasons relevant to the delivery of NDIS services but the Commissioner cannot ban such a person until they start to deliver services under the NDIS.
In short, this Bill will strengthen the current banning provisions of the NDIS Act 2013 and address these concerns.
If the Commissioner makes a banning order, this amendment will explicitly allow the NDIS Commissioner to use the existing NDIS Provider Register to publish details of such orders. This will include the order and enough information to identify the provider or worker subject to the order.
The NDIS Provider Register, which is generally publically available, may be searched by persons with disability and their representatives to ensure that the providers or workers they are using are not subject to a banning order. This is an important protection.
Similarly, it will be one tool for providers looking to employ workers to help ensure the employees they recruit are safe to work with people with disability and able to work in the NDIS.
Information in the NDIS Provider Register that is not published will be protected NDIS Commission information and will only be shared and used consistently with the information protection and disclosure provisions in the NDIS Act and the NDIS Commission's legislated functions with the aim of protecting participants and ensuring confidence in the NDIS market for disability services.
Conclusion
The Australian Government is committed to a high-quality, sustainable NDIS and effective national quality and safeguards arrangements. The strengthened banning order provisions support the aim of ensuring unsuitable providers and workers cannot provide NDIS services. This is an important part of developing trust in the NDIS market and the providers and workers in the market.
The NDIS Provider Register will provide timely, accurate access to banning order information for employers and self-managed NDIS participants, helping to ensure they can make an informed judgment about who should work with people with disability.
Our paramount consideration is the right of people with disability to live lives free from abuse, violence, neglect and exploitation. The Morrison Government is committed to meeting this objective and this Bill is an improvement over the existing banning provisions that will assist with protecting people with disability receiving disability services.
Not only are the changes to banning order provisions an important additional protection for people with disability accessing the NDIS, these changes will also increase confidence in the quality and safety of the NDIS market as well as assist in ensuring the long-term integrity and sustainability of the NDIS.
SERVICES AUSTRALIA GOVERNANCE AMENDMENT BILL 2020
This Bill amends legislation as a result of Services Australia being established on 1 February 2020 as an Executive Agency under the Public Service Act 1999. The Bill also makes related governance changes.
Schedule 1 to the Bill changes current references to Services Australia, the Department of Human Services, or the Secretary of that Department. The references will now be to the Executive Agency of Services Australia, or the CEO of Services Australia. These amendments will ensure that legislation continues to support service delivery and administrative decision-making by Services Australia as a new executive agency.
Schedule 2 to the Bill makes governance changes relating to Services Australia. The CEO of Services Australia will perform the existing statutory roles of Chief Executive Centrelink, Chief Executive Medicare and Child Support Registrar. Those three offices are currently filled by separate Senior Executive Service officers in Services Australia.
Services Australia was established to play a key role in more efficiently and effectively delivering the services that Australians rely on. Having the CEO fill those key statutory offices will sharpen the service delivery focus of Services Australia and simplify lines of accountability.
The Bill will amend the Human Services (Centrelink) Act 1997 to prohibit a person from using the name Services Australia (for example, as part of a business name) if that falsely implies a connection to Services Australia or Australian Government service delivery.
The Bill will amend the Human Services (Centrelink) Act 1997 and the Human Services (Medicare) Act 1973 to require the Chief Executive Centrelink and Chief Executive Medicare to comply with any limitations on sub-delegation imposed by the delegator. For example, when the Secretary of the Department of Social Services delegates a power to the Chief Executive Centrelink, the Secretary could direct that the Chief Executive Centrelink must not sub-delegate that power to any Services Australia employee below a certain APS classification level.
The Chief Executive Centrelink and Chief Executive Medicare could also independently give directions when delegating or sub-delegating a power. For example, the Chief Executive Centrelink could delegate a particular power generally to all Services Australia officers above a certain APS classification level, but direct that officers can only exercise that power if it is necessary to perform the functions of their specific role.
In many respects this Bill provides the formal foundations for Services Australia.
The Prime Minister has made clear his intent for the establishment of this new Executive Agency –excellence in service delivery for the Australian Government.
In August last year, the Prime Minister stood in the Great Hall of Parliament House.
He addressed the nation's Public Service asking for them to refocus their efforts on serving Australians.
He said:
"as we gather here in this Great Hall, I want to remind you of a poignant feature of this house of democracy.
This is one of the few parliamentary buildings in the world where you don't have to walk up steps to enter it.
Our Parliament isn't a Parliament over the people or above them, but one that people, that Australians, can freely and easily approach."
The Prime Minister said he wanted this to be a metaphor for how Australians see their government.
And this has provided a beacon for how we want to deliver services for Australians.
When the Prime Minister announced the establishment of Services Australia, it wasn't simply a rebrand or a rename.
We wanted to make it clear to the public, and the public service, that the priority of government is excellence in service delivery.
He said that we want government to be easier for Australians, we want it to be much easier.
Because government services are the services Australians rely on and we want them to access those services, as easily as they can and in as informed a way as possible.
So this Bill puts in place the foundations of an Agency that will be, and has been there for Australians in need.
We could not then have known just how vital this focus would become.
In the face of the coronavirus we have had to take extraordinary steps to protect Australians.
As we have insulated Australians from the impacts of the virus we have had to make significant economic and social sacrifices.
These changes have seen Australians forgo those quintessential Aussie past-times like hanging at the beach, going to the footy or down to the pub.
But perhaps most significantly and most tragically these actions have resulted in a demand for government social supports not seen in this country since the Great Depression.
Indeed - the immediacy and scale of this demand is surely without precedent in the history of our Commonwealth.
The Australian Government has seen how Australians have reached out in record numbers and how Services Australia has delivered with a relentless focus on serving Australians, living out the expectation set by the Prime Minister when he outlined his vision for the Public Service only months ago.
In the face of significant challenges Services Australia has been a steady support for Australians in need.
Throughout the coronavirus crisis staff from Services Australia have been working around the clock to deliver new and improved income support measures and to fast-track the Australian Government's coronavirus financial support.
You only need to see the pictures of chalk drawings outside our service centres thanking Centrelink staff to recognise the gratitude of Australians for these hardworking public servants, who so often live in the communities they support.
As the Prime Minister has said 2020, for most Australians, will be the toughest year they may live through.
We all know the National Cabinet in late March took extreme health measures to get on top of the coronavirus.
But we have to also acknowledge the impact this necessary treatment has had on our communities.
We have seen Australians lose their jobs, lose hours of work. We've seen businesses that have been forced to close.
These have been heartbreaking events in our nation's history and story.
In the face of an invidious challenge, the Government has sought to chart a course through what has been an incredibly difficult time.
On the 23rd of March this year, following the decisions made by National Cabinet to close cafes, restaurants, gyms and so many parts of our economy, we saw thousands of Australians queueing at Centrelink offices across the country, seeking assistance and unsure of their future.
The queues that we saw outside Centrelink, the challenges and frustrations people have had in gaining access was a sheer function of the extraordinary and overwhelming demand for support across our country.
The scale of the need reflected the whole-of-society public health effort we had to take to keep us all safe from the virus.
Services Australia faced massive and unprecedented demands on our digital channels including myGov and massive demand on telephony channels as people sought assistance and information.
Services Australia faced what appeared to be an insurmountable task of providing social supports to over a million Australians made unemployed almost overnight.
Hundreds of thousands of these Australians had never interacted with the social support system in their lives.
Many were without Services Australia Customer Reference Numbers nor with any understanding of how to access supports further complicating what was already a mammoth task in terms of scale.
But Services Australia, in the face of the most significant demand for social supports since the Great Depression, faced that challenge and exceeded expectations enabled by the structural changes codified in this Bill
In the early morning as the queues started to form we took immediate action and that effort continues as we speak.
In the days leading up to the 23rd of March we took steps to boost the capacity of the myGov website to ensure it could support the huge volume of concurrent users.
Though it is now clear that the need was exceeded reflecting the historic tragedy of this moment in our national story.
In those moments we saw the great frustration, anxiety and worry faced by thousands of Australians.
No system is built to deal with the circumstances and events that we are now facing as a nation.
We have, as we said we would, worked night and day to build more capacity into these systems.
Australians can be assured that no resource has been spared to ensure that we have systems in place to support them in their time of great need.
The arrangements codified in this Bill provided sharper lines of accountability and decision-making. This was vital in driving a relentless focus on getting help where it was needed at speed.
With hard work and decisive action: within days we rapidly reduced the queues of new Jobseekers outside our Service Centres; we registered hundreds of thousands of Australians online; we enhanced and improved our digital channels and we made rapid changes to processes ensuring Australians in need would not miss out through the Intention to Claim registration process.
Within weeks we made impressive strides in process simplification and digital processing keeping Australians safe at home and getting them help faster.
This included enabling people to establish their identity online, providing Customer Reference Numbers via myGov and introducing a simplified online claim form, which people can complete in about 20 minutes as opposed to the previous average of about 55 minutes.
These changes may sound small but these process innovations have made all the difference to getting help where it is needed at speed.
Australians can now obtain a CRN and apply for JobSeeker all online through myGov, something successive governments have been trying to deliver for years. Services Australia has delivered this in just four weeks.
In the face of this unprecedented demand we've surged thousands of extra staff redirecting people from within Services Australia, across the Public Service and from service delivery partners – totalling around 12,000 people including the extra 5,000 Services Australia staff the Prime Minister announced in March.
The commitment of frontline staff to the task is inspiring. It is clear this surge has been getting support to Australians in need.
The Australian Government thanks all the staff, especially those hardworking Services Australia staff who have made a vocation of government service delivery - many for decades- without you we would have been lost as a nation.
And so through the hard work of thousands of Australians serving their community, within less than 50 days we've processed more JobSeeker claims than we would in two years.
More than 800,000 Australians who have lost their jobs are today receiving financial assistance from the Australian Government thanks to the outstanding efforts of Services Australia staff.
That's 800,000 Australians with greater certainty in an uncertain time and 800,000 families with a firmer footing, it is a truly wonderful thing.
As the payment infrastructure of Government, Services Australia has also been charged with delivering the Government's Economic Support Payments.
We've successfully delivered without issue the first of the Government's additional supporting payments to Australians in need.
More than $5.1 billion in $750 Economic Support Payments has hit the bank accounts of 6.8 million eligible Australians. A second round of Economic Support Payments will roll out in July.
Services Australia has also implemented a number of changes to Medicare processes so there is no need for Australians to come into an office for any Medicare related business.
All Medicare related claims, changes or inquiries can now be done online or over the phone. This includes newborn enrolments, re-enrolments for people returning to Australia, and linking Medicare cards to myGov.
They are working around the clock to allow patients to access payments and services, including essential medicines, and health professionals to claim for services. This includes telehealth, video conferencing, telephony, and pathology testing for COVID-19.
This includes implementing 279 new services to the Medicare Benefits Schedule, some within hours of announcement, to support recent policy changes, and as of last Sunday (10 May), almost half a billion dollars ($479.8M) has been spent on these covid specific Medicare services alone, to support almost 5 and a half million (5.4M) Australians.
These services give health professionals flexibility to provide medical care, and essential medicines minimising the risk of infection to health professionals and other patients in waiting rooms—helping to keep us all safe.
In addition, through changes to the existing aged care payment systems, Services Australia is delivering additional payments worth hundreds of millions of dollars to support the aged care sector.
These payments include a new COVID-19 subsidy, and temporary increases to a number of current viability supplements to support aged care workers, providers and residents.
This additional funding will support around 1,800 providers of Residential Care and Home Care and their staff, and around 350,000 care recipients.
Through Medicare, the PBS and Aged Care, Services Australia works to support all Australians, when they need it, at some of the most critical moments of their lives.
Another area we've taken considerable strides in has been our digital channels.
Our digital channels today can support more Australians than at any time in history.
In 2019, about 571,000 people accessed myGov each day, and we have acted quickly to enable our systems to now support an average of more than 1.7 million logins on every business day in April.
Our busiest day, 25 March 2020, had almost 3 million people logging into their myGov account, compared to our previous record of 1.8 million logins during the July tax time peak last year, a 66% increase.
For an authenticated online platform, myGov now has the largest capacity in Australia.
Mobilising technology to support Australians has taken on a new level of complexity and importance as we fight the coronavirus.
As Australians have turned to their Government, we've had to step up to ensure services are delivered.
Whether it is financial payments to people who find themselves out of work, new communications tools to get information on coronavirus, or a technology solution to assist health professionals to contain the virus.
Services Australia has been closely working throughout the crisis with the Digital Transformation Agency leveraging technology to help Australians–this close collaboration enabled by the Prime Minister vesting all service delivery within the Government Services portfolio.
The Department of Health turned to the DTA to build and manage the COVIDSafe health app.
Entrusting the DTA to build this app showed a great deal of respect and acknowledgement for the transformational technical capabilities inherent in the DTA—which also rapidly transformed Australia.gov.au into a pandemic information website and developed the Australian Government WhatsApp Channel.
The COVIDSafe health app will help our frontline health workers stop the spread of the coronavirus in our community. The app is the product of close collaboration across the Australian Government including with the Australian Signals Directorate, the Australian Cyber Security Centre and the Department of Health, and of course industry partners like the Cyber Security Cooperative Research Centre.
This app will save lives and livelihoods.
As the Prime Minister has said this app is a critical element of the road back to normality.
Australians are already adopting this app at rates exceeding expectations.
It will make a difference and it would not exist without the exceptional work done by the DTA.
Like the DTA, Services Australia has also stepped up to deliver during the pandemic.
Many Australians have never needed financial assistance from the government before, let alone ever needed to contact Centrelink.
Faced with these challenges, Services Australia has stepped up to deliver for these Australians.
Conclusion
So with this Bill we put in place the formal foundations for Services Australia. This Bill puts in place the legislative underpinnings of an Executive Agency that has already demonstrated the capacity to deliver for Australians in great need living out the Prime Minister's vision for service delivery in the Morrison Government.
We could not have foreseen at the outset of that undertaking just how important that objective would become – it is a commitment that has assumed a new chapter of importance in Australia's national story.
Indeed that we have already achieved so much through Services Australia preceding the introduction of this Bill is testament to the challenges we have faced over recent months including our response to the bushfires in which Services Australia continues to play a key role.
In this time of great need Services Australia has imprinted its role in public service.
The commitment to being there for Australians has never been more important than it is now.
So we will continue the hard work of improving our government services and continue to deliver the Prime Minister's vison for Services Australia- the foundations of which this Bill sets out.
We will continue to equip the hard working staff of Services Australia with the tools they need to carry on with the important work of serving their community.
As we reflect on this time it is right that we hold up those government services staff in the pantheon of professions that have helped keep Australia going during this crisis alongside our nurses, our doctors, our truckies, our police and our ambos.
These Australians have been there for their community and Australians can be assured that we've taken every possible step to support them at this time of great need.
The Australian Government thanks Services Australia staff for their passion and dedication in what you have achieved for Australians so far and for what we will do together into the future.
While we have accomplished much, the road out will be long—but we will not stop in our collective efforts to meet expectations as we continue to build the trust of all Australians.
While with this Bill we lay the legislative foundations for Services Australia it is abundantly clear it is already living out its purpose.
I commend the Bill.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (CORONAVIRUS AND OTHER MEASURES) BILL 2020
This Bill delivers on a number of 2020-21 Budget measures which will provide additional support to individuals and households impacted by the economic consequences of COVID-19. These measures build on the significant support already provided to the community through the social security system, such as the first two economic support payments and the Coronavirus Supplement.
As part of the economic response to COVID-19, the Morrison Government will provide two further Economic Support Payments of $250 each at a cost of $2.6 billion. Around five million payment recipients and cardholders will benefit from these payments. The first payment will be made in the lead up to Christmas, and the second in the New Year.
Pensioners, certain concession card holders, recipients of Family Tax Benefit and Carer Allowance who are not in receipt of a primary income support payment, and recipients of certain DVA payments will be eligible if they are residing in Australia. Each member of a couple will receive the payments if both are eligible.
Amendments are also made to social security law to recognise that because of the economic impacts of COVID-19, many young people will have lost a job or been unable to attain employment, which would have otherwise contributed to them meeting the independence criteria to qualify for payments. Schedule 2 of the Bill supports young people whose path towards demonstrating independence through work has been disrupted by the economic impacts of COVID-19.
From 1 January 2021, the six-month period between 25 March 2020 and 24 September 2020 will automatically be recognised as contributing to existing workforce independence criteria for Youth Allowance. For example, under the amended definition of independence, a person applying for Youth Allowance will be considered to have worked 30 hours per week for the six-month period, regardless of actual hours worked. Regional students will be considered to have worked either 15 hours a week or earned 75 per cent of the National Training Wage Schedule in the six-month period regardless of actual hours worked.
Without this change, many young people may not be able to meet the independence criteria and may be unable to access income support if they plan to go onto tertiary study. This could cause young people to delay their study in order to work to meet the independence criteria. The same concession will be available to ABSTUDY recipients, through changes to the ABSTUDY Policy Manual. It is estimated that this measure will assist around 4,000 young Australians by providing them with the financial support they need while they build their skills and knowledge.
Schedule 3 of the Bill will make amendments to create temporary incentives in the income support system to encourage young Australians to undertake seasonal agricultural work. The Australian Government is spending $16.3 million to help address concerns across the agriculture sector about immediate workforce availability for the upcoming harvest season. Young
Australians claiming Youth Allowance (student) payment who demonstrate participation in agricultural work throughout the forthcoming harvest season would have access to the new independence criteria.
The amendments mean that a person who earns at least $15,000 through employment in the agricultural industry between 30 November 2020 and 31 December 2021 will be considered as independent for the purpose of the Youth Allowance (student) from 1 July 2021, subject to a Parental Income Threshold. This change will shorten the period of time a young person engaging in agricultural work will need to work to demonstrate financial independence for the purposes of Youth Allowance. The same concession will be available to ABSTUDY recipients, through changes to the ABSTUDY Policy Manual.
Schedule 4 of the Bill introduces a revised Paid Parental Leave work test period for a limited time. The Australian Government will provide $130.4 million for the Paid Parental Leave Program to introduce a temporary change that will enable people to access Parental Leave Pay and Dad and Partner Pay who do not meet the current work test provisions because their employment has been affected by COVID-19. This would enable most individuals with a genuine work history pre-COVID-19 to qualify for payments under the Paid Parental Leave scheme. It will ensure over 9,000 individuals would re-gain eligiblility for Parental Leave Pay, and is expected to increase claimants of Dad and Partner Pay by over 3,500.
In order to qualify for payment, people claiming Paid Parental Leave must meet the current work test requirements, in which individuals must have worked for at least 10 months in their work test period, and for just over one day a week, with no more than a 12-week gap between any two consecutive working days.
Currently to meet the Paid Parental Leave work test, individuals must meet the work test requirements in the 13 months prior to the birth or adoption of their child for Parental Leave Pay, or prior to their period for Dad and Partner Pay.
The Bill will temporarily extend the Paid Parental Leave work test period from 13 months prior to the birth or adoption of a child, to 20 months for parents who have had their employment impacted by COVID-19. This change will apply to births and adoptions that occur between 22 March 2020 and 31 March 2021.
Schedule 5 of the Bill implements a 2020-21 Budget measure that addresses inconsistencies in payments that are available to families affected by stillbirth and infant death. The Bill will increase and align the amount that eligible families are able to access after a stillbirth, or a child's death shortly after birth up to the child's first birthday. The Bill also removes discrepancies within the payments system in respect of multiple instances of stillbirth or infant death within the same family.
Currently, when a person has a stillborn child they may receive Stillborn Baby Payment as a lump sum, subject to meeting an income test. Under existing arrangements, Stillborn Baby Payment is paid at a high rate for the first stillbirth and a lower rate for a second or subsequent stillbirth.
From 1 January 2021, this measure will increase and align family assistance payable to families who lose their child through stillbirth or because their child dies before their first birthday. There will be one rate of Stillborn Baby Payment equal to the current higher rate and an amount equivalent to the maximum Family Tax Benefit Part A bereavement payment for a child aged under 13 years old. The Bill will also make amendments so that a top-up amount (equivalent to the difference between the high and low rate of Newborn Supplement) is paid to families for children who received the low rate of Newborn Supplement and whose child dies before their first birthday. It is estimated that around 900 families affected by stillbirth and infant death will be assisted through this measure.
Schedule 6 of the Bill makes technical amendments to child support law to allow alternative figures to be used in place of the Male Total Average Weekly Earnings and Average Weekly Earnings trend figures, which are usually published by Australian Bureau of Statistics, for the purposes of child support assessment calculations. From May 2020, the Australian Bureau of Statistics has temporarily suspended publication of trend estimates for all Average Weekly Earnings series, due to the impact of COVID-19 on labour market. Child support law does not currently permit alternative trend figures to be used.
This Bill introduces several beneficial measures that continue to provide enhanced support to the Australian community in response to the economic impacts of COVID-19.
Debate adjourned.
Ordered that the resumption of the debate be made an order of the day for a later hour.
Ordered that the bills be listed on the Notice Paper as separate orders of the day.