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 assertions 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. The government has also acknowledged the support from the opposition for working together with the government to this end and for voting in support of the National Disability Insurance Scheme 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 and commenced on 3 October 2024.

On 8 February 2024, the government tabled the final report of the Independent Review into 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 disability 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 its reforms can improve the scheme and meet National Cabinet's annual growth target 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 its annual growth target is achieved. Following 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 explanation.

Disabled people and our families are struggling so much right now. The cost-of-living crisis is hitting so hard, making life more difficult and adding so much pressure. Every day brings another impossible choice between food and making the payments demanded to keep a roof over our heads, between medical bills and medicine, all while living or trying to live on a disability support pension or a carer's payment that was nowhere near enough before this crisis.

And now we are having to add another item to that list of impossible choices—the disability supports, the essential services that we or our children need to get about in the world, to communicate, to connect with friends and to get a job. We have to add that to the list and try to figure out how to pay for it, how to make it stretch a bit further, because this Labor government has cut so much from our NDIS.

This Labor government is kicking so many disabled people—so many disabled kids, particularly—off the NDIS. Why are they doing it? Why is Labor doing it? Because the government got in a room with premiers and chief ministers and made a secret deal to cut our NDIS and to kick people off. The Greens, on behalf of the community, are continuing to demand that the government be honest with the community and release the documents related to that decision. For over a year, we have been trying to get those answers, demanding that honesty. Today, again the government refuses to be honest. It refuses to own up to what it agreed and continues the secrecy—a pattern of secrecy, a pattern of forcing decisions that should be made in the public space into secret spaces that is, to this day, a feature of disability legislation and policy made in this place.

We have a document revealed to the Senate, finally made public, detailing the hundreds of confidentiality agreements that are demanded by this Labor government of disabled people and our advocates and organisations before we are able to consult on policy or legislation. The disability community have a principle: 'Nothing about us without us.' Well, when it comes to this Labor government and any policy about us, the principle Labor applies is: 'Everything about you, and you can only even get a word in if you sign this confidentiality agreement.' This binds our advocates and our organisations to their own impossible choice between getting a look in at all at what the government might be planning, in the hope that potentially somebody might see sense, and actually being able to consult with the community and get the views of their members.

This is totally inappropriate and a complete indictment and shame upon this Labor government. The secrecy, the confidentiality, the non-disclosure agreements—this is the very opposite of what you promised at the last election. Labor said that they would deliver transparency, honesty and integrity and no cuts to our NDIS, and you've backflipped on all of them. You've joined with the Liberals to cut our NDIS over $14.4 billion in the last budget alone, and you continue to demand silence from disability advocates. Shame.

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

Shame indeed on those opposite, not only for the lack of transparency, for the hiding of data and for the flouting of the order from this place to provide the most basic level of visibility but also because the minister, week after week, keeps coming out and saying, 'We've consulted all of these people,' but, as Senator Steele-John said, you have not heard a thing. Not only have you introduced and passed NDIS legislation, but you haven't even reported or provided a government response to that great inquiry, and yet here you still trumpet that it is a public interest immunity claim.

The only reason it would prejudice Commonwealth-state relationships is that you have entered into this legislation, you've palmed off a whole series of foundational supports—you've carved them out of the federal budget—but the states and territories have agreed to not one single cent of that expenditure. The fraud continues on and on.

The NDIS annual financial sustainability report was due shortly after the end of the financial year, which is over five months ago now, and those opposite are still hiding the AFSR. Why are they doing that? They are doing that because it would expose the financial fraud those opposite have now inflicted upon not only the 650,000 participants and their families but the Australian taxpayer. They have produced the first-quarter report for this year, but of course it was after estimates—and no wonder, because what the quarterly report shows, as the AFSR will when it comes out, no doubt, is the full extent of their financial fraud.

What do we know from the first quarterly report? First of all, they've carved $60 billion worth of savings over 10 years out of the scheme, and, to date, they've hidden every single bit of financial analysis that would enable this place and Senate estimates to scrutinise where those savings are coming from. What the first quarterly report shows is that not only are they not going to make those savings—we don't know where they're coming from—but, in the first quarter of this year, guess what? Even with all the cuts, the reviews, blocking people from entering the scheme, shunting people out of the scheme and sending people to the AAT in record numbers, the scheme is still going up above that forecast in the budget, which is exactly what those on this side of the chamber have said it would do for years now, since Bill Shorten became minister. So the total payment level is on track to exceed the 2024 total payments, which highlights that, even with all of the cuts and the broken promises, they still cannot manage the scheme in accordance with the budget.

Here are the facts they didn't want us to know at estimates. Average and median payments per participant have continued to increase by 7.6 per cent and 4.2 per cent, respectively, over the past two years—completely the opposite of what those opposite promised. Somehow they were magically going to cut the scheme, and they've taken the money out of the budget, but guess what? They are going to keep supplementing the scheme.

Average plan budgets have also increased. This is the second driver of cost in the scheme. The first is participant numbers and average payments per participant. Average plan budgets have increased over time for all participants by 5.5 per cent per annum over two years, and 9.4 per cent if you look at the special independent living, SIL, arrangements. But plan inflation also continues to rise, with an annualised plan inflation level now of 12.8 per cent, which has increased from 10.1 per cent from June this year. So not only can they not manage the scheme—scheme costs going up and administration costs are going up—but the scheme is blowing out, even with all of the cuts those opposite have made.

One of the things they championed so much—hand on heart, they said, 'We are going to reduce the number of cases down at the AAT. We are going to be more generous. There will be no cuts.' Well, that is simply not true. Again in the first quarter, there were over 50,000 requests for participant plan reviews, 4,000 per week. Most concerningly, plan reassessments, which can be initiated by the NDIA, increased from 40,000 to 55,000. So, despite the claim they would fix this scheme—

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Thank you, Senator Reynolds. Senator Hughes.

Hollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Mental Health and Suicide Prevention) Share this | Link to this | Hansard source

Happy anniversary to all of us; we've been doing 'NDIS Monday' every Monday all year. This is getting out of control. You would think over the entire parliamentary year we might have eventually got some information—but no. Here we are again, on the last Monday of the year, possibly the last Monday of this parliament—we don't know; it could it be the last Monday of this parliament—and there's still no information.

What worries and concerns me, and what people don't seem to remember, is that when the NDIS was set up it was, at its core, an insurance scheme. That means there was to be investment early to save costs later. That is a fundamental principle of the scheme. But the greatest increases, when you look at where they are coming from, are coming from the supported independent living side of the scheme—that is, where people live in group homes. They cannot live independently, so they live in a supported environment. We're seeing the number of supported independent living participants consistently increase. At the other end of the scale, the end of the scale where we should be having an impact, where we should be changing the trajectory of the lives of people with a disability to ensure their independence, we are seeing the government ignore that concept. They've created a list of approved and non-approved supports. The problem is that they've been so arbitrary they've failed to understand different elements of different supports.

Some of these things, on the top line, I personally, as the parent of a child with autism, don't buy into. We have equine therapy. Do I think putting a kid on a horse is going to cure autism? No, I do not. It is absolutely ridiculous that some people have been advocating equine therapy as some sort of cure for children with autism. But what has been caught up in the ban on equine therapy is services like Riding for the Disabled. They are a charitable organisation who have been around for a long time, but they are now finding it increasingly difficult to survive—in fact, they may not survive—because equine therapy is no longer on the list of approved supports.

Riding for the Disabled is about much, much more than just putting a kid on a horse. These are kids for whom, by the very nature of their autism, working together in groups and being part of a team doesn't come naturally; in fact, it's very difficult for a lot of these children. At Riding for the Disabled they get in with other children and they not only do work on the horse but do work around the horses. They help with feeding, with the stables, with the courses that are put up, with washing the horses; they take instruction; they work collaboratively. All of these are the soft skills that boost the development of a child. It may seem funny to hear about a child learning to take instruction: how could that be part of it? It's part of everyone's life. Everyone has to take instruction, and when you've got a child with autism, who finds that challenging, this is a way you can start to introduce that skill.

Then there's music therapy. When my son was diagnosed, we had OT that gave parents a set of headphones with music that, if you played it at a particular pitch, would somehow or other alleviate autism. Rubbish! Complete and utter rubbish! Music therapy is no longer on the list of supports. But what does music therapy do? It puts children in a group situation. They learn turn-taking; they learn to participate in group activity. But, on top of the skills that the child is developing, it helps the parents of that child with a disability, particularly if you've never had disability in your family, if it's a new experience to you. It's very isolating for families. Families get a chance to meet other parents of children with a parallel disability—perhaps children who normally struggle to find friends, who are excluded from activities—to find some form of social network.

Because we don't know what this government is doing—we don't know what foundational reports states are going to provide—but all of these lists of approved and non-approved supports are already in action, we have children missing out on a lot of activities. That will not aid their development and potentially puts them on a trajectory to supported independent living, not independence.

Question agreed to.