14th Nov 2019, 1:34 PM – Senate National Disability Insurance Scheme Amendment (Streamlined Governance) Bill 2019 - in Committee - Board and Advisory Council members

The majority voted against amendments introduced by WA Senator Jordon Steele-John (Greens), which means they failed. The amendments concerned the appointment and termination of members of the Board and Advisory Council.

Motion text

(1) Schedule 1, item 7, page 6 (lines 17 to 24), omit subsection 127(4), substitute:

(4) Before the Minister appoints a Board member other than the Chair, the Minister must:

(a) seek the support of all the host jurisdictions for the appointment; and

(b) be satisfied that the appointment is supported by the Commonwealth; and

(c) secure the support of a majority of host jurisdictions for the appointment.

[appointment of Board members]

(2) Schedule 1, item 7, page 7 (lines 20 to 27), omit subsection 127(4D).

[appointment of Board members]

(3) Schedule 1, page 7 (after line 27), after item 7, insert:

7A Subsection 134(4)

Repeal the subsection, substitute:

(4) Before the Minister terminates the appointment of a Board member other than the Chair, the Minister must:

(a) seek the support of all the host jurisdictions for the termination; and

(b) be satisfied that the termination is supported by the Commonwealth; and

(c) secure the support of a majority of the host jurisdictions for the termination.

[termination of Board members]

(4) Schedule 1, item 11, page 9 (lines 21 to 25), omit the item, substitute:

11 Subsections 147(2) to (3A)

Repeal the subsections, substitute:

(2) The Minister must consult the host jurisdictions about the appointment of the Principal Member.

(3) Before the Minister appoints a member of the Advisory Council other than the Principal Member, the Minister must:

(a) seek the support of all the host jurisdictions for the appointment; and

(b) be satisfied that the appointment is supported by the Commonwealth; and

(c) secure the support of a majority of the host jurisdictions for the appointment.

(3A) The Minister must give a notice (the original notice) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the appointment covered by subsection (3) and requesting the agreement be given before the end of 28 days beginning on the day the notice is given.

(3B) If, immediately before the end of that 28‑day period:

(a) no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the appointment; and

(b) no host jurisdiction Minister for that host jurisdiction has made a request under subsection (3C);

then, at the end of that period, that host jurisdiction is taken to have agreed to the appointment.

(3C) If, before the end of that 28‑day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the appointment:

(a) that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

(b) if, immediately before the end of that 90‑day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the appointment, then, at the end of that period, that host jurisdiction is taken to have so agreed.

[appointment of members to the Advisory Council]

(5) Schedule 1, item 12, page 9 (lines 26 to 31), omit the item, substitute:

12 Subsection 155(4)

Repeal the subsection, substitute:

(4) Before the Minister terminates the appointment of a member of the Advisory Council other than the Principal Member, the Minister must:

(a) seek the support of all the host jurisdictions for the termination; and

(b) be satisfied that the appointment is supported by the Commonwealth; and

(c) secure the support of a majority of the host jurisdictions for the termination.

(5) The Minister must give a notice (the original notice) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the termination covered by subsection (4) and requesting the agreement be given before the end of 28 days beginning on the day the notice is given.

(6) If, immediately before the end of that 28‑day period:

(a) no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the termination; and

(b) no host jurisdiction Minister for that host jurisdiction has made a request under subsection (7);

then, at the end of that period, that host jurisdiction is taken to have agreed to the termination.

(7) If, before the end of that 28‑day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the termination:

(a) that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

(b) if, immediately before the end of that 90‑day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the termination, then, at the end of that period, that host jurisdiction is taken to have so agreed.

[termination of members of the Advisory Council]