Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

The government continues to reiterate its view that it cannot agree with the assertion made in this motion. We do however acknowledge the interest in the chamber in continuing to reform the NDIS to get it back on track and ensure its sustainability for future generations of Australians. I also acknowledge the support from the opposition for working together with the government to this end and for voting in support of the NDIS Amendment (Getting the NDIS Back on Track No. 1) Bill 2024, which passed the parliament on 22 August 2024. The NDIS bill received royal assent on 5 September 2024, which means the new law came into effect on 3 October 2024.

On 8 February 2024, the government tabled the final report of the Independent Review of the National Disability Insurance Scheme, which was publicly released on 7 December 2023. In producing this report, the independent NDIS review panel travelled to every state and territory, including regional and remote communities. It heard directly from more than 10,000 Australians, worked with disability organisations to reach out and listen to more than 1,000 people with disabilities and their families, recorded more than 2,000 personal stories and received almost 4,000 submissions. The review delivered 26 recommendations and 139 supporting actions to respond to its terms of reference. In delivering its recommendations, the review provided exhaustive analysis and proposals to improve the operation, effectiveness and sustainability of the NDIS.

The independent NDIS review panel has said that its reforms can improve the scheme and meet National Cabinet's annual growth targets of no more than eight per cent growth by 1 July 2026. The NDIS bill was the first legislative step by this government to ensuring this annual growth target is achieved. Following the passage of the NDIS bill, discussions will continue with senators across this chamber as well as with members in the other place to address questions about the government's NDIS reform agenda that it is pursuing together with the disability community. We look forward to continuing to work with senators in this place to get the NDIS back on track and ensure its sustainability for future generations of Australians.

In relation to the order being discussed, the government have previously outlined that we have claimed public interest immunity over the requested documents, as disclosure would prejudice relations between the Commonwealth and the states and territories. The Minister representing the Treasurer has already tabled key documents for the benefit of the Senate in addition to the aforementioned review.

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

I move:

That the Senate take note of the statement.

Once again the government is refusing to comply with the very reasonable order of the Senate to produce documents which it is in the public interest to release. This comes within the context of a Labor government which has profoundly betrayed Australia's disability community, our families and our organisations. Let's look at the pattern of behaviour of this government since the passage of the legislation, which is so relevant to this Senate order.

One of the deepest concerns held by the Greens in relation to Labor's NDIS bill was and continues to be the creation of lists which prescribe what can and cannot be accessed by a disabled person or their family. We saw the government initiate one of the most shambolic—I'm trying to find the word because to call it a 'consultation' would be insulting to the entire concept of a 'consultation', but let's just use that word. The Labor government, having done a deal with the Liberals, rammed through this bill against the will of the Australian disability community, commenced a shambolic consultation which excluded large elements of the NDIS community of disabled people and their families, because the government couldn't do basic things like provide easy English examples and explanations of what they were actually doing, and then they published the list of what would and would not be available for access mere days before that list came into effect.

The fear and the uncertainty that they have unleashed on people's lives by the way they have done this is shameful, as is the fact that it is quite obvious to any MP with an inbox that the government and the agency they run are engaged in cutting people's plans. There comes a point when, having passed the 100th or the 150th example of an email hitting your inbox from a constituent pleading for support because something vital they need has just been cut, you have to face the reality that there is a gap between what the government may claim and what is actually happening on the ground. This, combined with a ridiculous process, the agency's so-called 'reaching out to check on you' process, has all been turned into yet another source of anxiety for people.

This bill, driven by these documents—these budgetary decisions which this government, sitting after sitting, continues to keep secret from the Australian people—is resulting in precisely the uncertainty and the fear that the Greens, the Independents and others who voted against this bill predicted, yet they come in here every single time when the Senate insists on this basic information and refuse to give it. Not only do they refuse it; they refuse to give the basic pieces of corroborating evidence to back up their claim. There have been no letters from the states and territories detailing the ways in which the release of this information would compromise state and territory relations—none—in over a year now.

What will it take for this Labor government to realise that they owe the Australian disability community better? I don't think they are going to come to that realisation until they are facing an election, because let me tell you: disabled people and our families are not going to take this treatment anymore. When it comes to election day, we will send a very clear message to you by the way that we vote.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

Well, here we are yet again, after 12 months of this place seeking the most basic of information, accountability and transparency from this shameful government. Not only have we heard the minister trotting out the same old rubbish—the things that are, quite frankly, not true—in response to this; we have now passed legislation in this place—which I note I did not vote for—which will actually make the situation exponentially worse for 650,000 of Australia's most profoundly and permanently disabled. Sadly, the approach to this is becoming very emblematic of how those opposite govern. They are all spin. It is all about the politics. It is never about the policy and good governance, unless it is something provided to them by their union masters.

Let's have a look at the fraud they have perpetrated on Australian taxpayers, who think that the measures those opposite have got through this place will save $60 billion over the next 10 years. Well, we know that's not true. We can count. So how have they perpetrated this fraud? What they've done is they've hidden all of the financial modelling—the sustainability framework that they have supposedly agreed with the states and territories, which the states and territories have clearly said is not true. At Senate budget estimates and additional estimates, they hid all of the modelling and the numbers. Why? Because they haven't made those savings. They haven't made those savings. What they've done is wasted the last two years on a review that was never ever necessary.

Thirty reviews before that had demonstrated to us quite clearly what reforms were needed to the NDIS. Instead, that shameful minister, Minister Shorten, went out there before the last election and promised the sector: 'We have no problems. We don't need any savings. We don't need any reforms. It is all that crazy Minister Reynolds and the coalition government who are out there lying.' And do you know what? When you promise something like that to people who are desperate, of course, they're going to believe you. And what happens? 'Oh, my goodness me, we've come into government. We never read any of the budget documents. We never read any of the quarterly reports of the NDIS. We never read any of the actuarial data.' And guess what? The scheme is in trouble. So they spent two years—two years—doing a review. We don't have a government response to the review. The legislation that they passed does not implement the review. They've said, 'Oh, well, we're slowly moderating costs of the NDIS,' but they're hiding most of the data to actually underpin that.

Let's have a look at the facts. Planned inflation for the NDIS continues to increase. The last quarterly report shows that there has been a 10 per cent increase in total payments, which they have not budgeted for. In fact, year on year, for the last quarter, it is up 19 per cent, which they have not budgeted for. So guess what the shameful minister and government are doing to try and artificially reduce the cost? With inflation—their inflation—out of control, they've got tens of thousands of people seeking plan adjustments so they can continue to get their supports. Guess what? They're not processing any of them. There are now tens of thousands of people who have applied to join the NDIS, and guess what? They're sitting on their applications, but they are not releasing those numbers, so we don't know how many people are in the queue. How are they going to fund it? How are they going to pay for it? It is not transparent at all.

They made a big thing about complaints before the last election. Complaints have now spiked to almost 18,000—three times the norm—yet, of course, they've hidden the data on that. Shame on those opposite. This country and our disabled need so much better than you.

Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Link to this | Hansard source

I rise to speak on this matter once again to make a few points of principle which I think are incredibly important. For those who are listening to this debate for the first time, what the Senate is discussing is an order for the production of documents, which a majority of the senators in this place passed more than 12 months ago, calling upon the minister to provide key documents relating to the financial sustainability of the NDIS program. A majority of this Senate sought those documents before we debated perhaps the most significant legislative reform of the NDIS system in this country's history since the system was introduced. A majority of senators in this place were seeking key financial and technical information in relation to this important reform before it was debated here, and the minister—the government—has refused to provide that information. That is deeply troubling.

The second point I'd like to make in relation to this matter is the ground on which public interest immunity is being asserted. One of the grounds is that, if these documents were produced, it may prejudice the relationship between the federal government and our state governments. In theory, that is a proper ground. But, in everything the minister has said, not once would you have heard him say that the federal government has actually consulted with the state governments to see if they have any objection.

In my view, if the federal government is going to use the public interest immunity ground on the basis that it may compromise relationships between the federal and state governments, at the very least, before asserting that ground, the federal government should actually consult the state governments and see if they mind the information being produced to the Senate—to those who are charged by the people of those states with the responsibility of engaging in debate in relation to these very serious matters of public policy. But over the last 12 months that this matter has been prosecuted we haven't had any indication that I can recollect from the minister that there has been any consultation with the states to see if they object to this information being proposed.

I think, for the time in which all of us are in this place, we have a responsibility to act as custodians of this institution. That is one of the reasons why I keep speaking on this resolution. There's an important point of principle here. A majority of senators in this place, for bona fide, good-faith reasons, sought this information to inform debate in relation to the NDIS, and the government has denied the will of those senators. That is deeply, deeply troubling.

Question agreed to.