5th Jun 2024, 12:34 PM – Representatives National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 - Consideration in Detail - Supports and consultation

The majority voted against amendments introduced by Curtin MP Kate Chaney (Independent) at the request of Kooyong MP Monique Ryan (Independent). This means they were unsuccessful.

What do these amendments do?

On behalf of Dr Ryan, Ms Chaney explained that:

To run through those: in amendment (2), the proposed section 32H creates additional requirements for accessing support, which may include requiring supports provided by a specific person or specific conditions are satisfied. The advocacy groups are concerned that this wording could place an inappropriately broad range of potential constraints on participants' choice and control over their funding and supports, particularly where the discretion to impose those constraints would lie with the NDIA alone. Amendment (2) makes it clear that additional requirements could only be specified where necessary to achieve a specific purpose consistent with the objects of the scheme and where the imposition of that requirement would not be unduly burdensome for a participant.

Amendment (4) relates to consultation on delegated legislation. Under the proposed amendments put by the government, the minister has addressed this. Additional delegated legislation for needs assessment and budget-setting can be created, and this amendment (4) provides greater comfort about to consultation process by requiring the tabling of a consultation statement, which seems reasonable given the level of concern in the sector about the lack of consultation and co-design and the consequences of that. The government must develop the delegated legislation—the NDIS rules—via consultation, co-design and testing, which must include First Nations people with disability; people from disability-specific communities; people from rural, regional and remote locations; people with disability who are digitally excluded; people with disability from culturally and linguistically diverse backgrounds; and LGBTQIA+ people with disability. That's why there's that additional requirement in relation to the consultation process.

There are a number of additional amendments there that relate to holistic understanding of the participants' disability supports, which is a really important part; it is not linked to specific impairments—also in relation to the report of the assessment, to be prepared with the participant to make sure that there is appropriate engagement with a participant and also in relation to replicating the need for consultation in making determinations about the assessment process.

Amendment text

(2) Schedule 1, item 36, page 24 (after line 25), after subsection 32H(1), insert:

(1A) However, such a requirement may only be specified if:

(a) the requirement is reasonably necessary to achieve a specific purpose consistent with the objects of the National Disability Insurance Scheme; and

(b) to do so would not be unduly burdensome for the participant, after considering:

(i) the potential separate or cumulative effects of financial costs associated with complying with the requirement; and

(ii) the practical effects of complying with the requirement; and

(iii) the participant's emotional and psychological distress in complying with the requirement.

(4) Schedule 1, item 36, page 26 (after line 28), at the end of section 32K, add:

(7) When a copy of a determination made under subsection (2) is tabled in each House of the Parliament under section 38 of the Legislation Act 2003, the Minister must cause to be tabled with that copy a consultation statement setting out the views of the Organisations consulted under paragraph (3)(a) about the determination.

(8) A determination made under subsection (2) is invalid and unenforceable if subsection (3) or (7) is not complied with in relation to the determination. This subsection has effect despite section 19 of the Legislation Act 2003.

(5) Schedule 1, item 36, page 27 (lines 5 to 8), omit subsection 32L(3), substitute:

(3) The assessment must assess the participant's need for supports based on a holistic understanding of the participant's disability support needs.

(6) Schedule 1, item 36, page 27 (line 15), after "prepared", insert "with the participant".

(9) Schedule 1, item 36, page 28 (after line 34), at the end of section 32L, add:

(12) When a copy of a determination made under subsection (8) is tabled in each House of the Parliament under section 38 of the Legislation Act 2003, the Minister must cause to be tabled with that copy a consultation statement setting out the views of the Organisations consulted under subsection (10) about the determination.

(13) A determination made under subsection (8) is invalid and unenforceable if subsection (10) or (12) is not complied with in relation to the determination. This subsection has effect despite section 19 of the Legislation Act 2003.

(10) Schedule 1, item 46, page 33 (lines 5 to 10), omit the item.

(11) Schedule 1, item 54, page 34 (line 29), after "within that period—", insert "withdraw the request or".

(12) Schedule 1, item 78, page 45 (line 30), at the end of subsection 47A(1AB) (before the note), add:

; (k) a minor variation that results in an increase to the funding of a stated support or class of stated supports that will be provided under the plan during one or more funding periods.

(13) Schedule 1, page 52 (after line 8), after item 102, insert:

102A Subsection 99(1) (before table item 5)

Insert: see amendment

102B Subsection 99(1) (after table item 5)

Insert: see amendment