House debates

Wednesday, 21 June 2017

Bills

National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017; Second Reading

4:32 pm

Photo of Emma HusarEmma Husar (Lindsay, Australian Labor Party) Share this | Hansard source

It is always jolly good to take a lecture from the member for Fisher, whom I also have the pleasure—or displeasure sometimes—of sitting with on the NDIS committee. And, as the member for Fisher, and respectfully his awareness with his own care of his daughter who has a disability, like me, he would have concerns around the safeguards for his own child, so perhaps he could get into his own Prime Minister and give him a jolly good talking to when it comes to dignity for people with a disability, which he mentioned during his speech.

I rise to speak on the National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill before us. This is a very important piece of legislation, and Labor supports the development of a strong quality and safeguards framework for the NDIS scheme. A robust, quality and safeguarding framework is important to protect and prevent people with disability from experiencing harm which arises from poor quality or unsafe support services under the NDIS. This framework is vital to the success of the NDIS.

The NDIS was, of course, created by Labor in 2013—not the Liberals; it was Labor who created it and fully funded it, and I can say it is one of the reasons that I am a member of the Labor Party and it is one of the reasons that I am the member for Lindsay. I immensely proud of the work that Julia Gillard, Jenny Macklin and Bill Shorten did to bring it to fruition.

I have a son with a disability—that is well known. When the campaign for the National Disability Insurance Scheme began, I immediately knew from my experience with my son that I needed to support this to ensure that kids like mine, mums like me and families like ours were able to access something that can and will change lives forever. I thank those people on my side who worked tirelessly to ensure that this was a national priority, and shame on the government for coming in here day after day after day accusing our government and our side of this House that we do not support it.

The NDIS is a great starting point. It will help serve the day-to-day needs of people living with a disability, raising their participation rates in open employment and ensuring that they can make a significant contribution to their communities. Before arriving here, I worked for the disability access committee serving Penrith City Council. Our committee advocated for improved accessibility within the local community, advocating for public bathrooms to be accessible for those who need it and changing tables catering to those families with older children and adults—basic necessities requiring immediate action. For those who rely on changing facilities like these, the choice currently is between a public toilet floor or leaving the venue altogether and heading home. Neither of those is acceptable. It undermines the quality of life for those with a disability and their carers, and provides zero dignity whatsoever.

The NDIS represents a dynamic shift from the services delivered under largely block-funded contractual relationships between providers, the Commonwealth, and state and territory governments to one where people with a disability are purchasers and consumers of services from a diverse market under the NDIS. This bill is an acknowledgment of the existing governance arrangements and will not be adequate by the time the NDIS reaches its full rollout in 2019-2020, although the current arrangements remain in place during the transition years.

This bill establishes an independent national commission to protect and prevent people with disability from experiencing harm arising from poor-quality or unsafe services under the NDIS, but that is only 10 per cent. This bill's explanatory memorandum states that the primary focus of the commission will be regulating NDIS providers to ensure that NDIS participants receive the standard of the service that they deserve.

However, I would like to address the Turnbull government's decision to rule out establishing a royal commission into violence and abuse against people with a disability. It is deeply, deeply disappointing, and it is a shame that the member for Fisher has left the chamber, because only a royal commission has the weight, authority and investigative powers to examine the horrific accounts of violence and abuse against people with a disability that have already occurred.

People with a disability suffer higher rates of violence than the rest of the community. Ninety per cent of women with an intellectual disability have been sexually assaulted—90 per cent; that is absolutely outrageous, and everybody in here should be absolutely outraged. Children with a disability are at least three times more likely to experience abuse than any other children.

So will this Prime Minister support the establishment of a royal commission into violence and abuse against people with a disability, because I think that is the community standard? He already knows these appalling figures, as do we all, but both the Prime Minister and Minister Porter have failed to support the calls to set up a royal commission. The disability sector is clearly calling on the Turnbull government to establish a royal commission into violence and abuse of people with a disability.

I take the opportunity to acknowledge the advocacy of the Disabled People's Organisations of Australia, VALID, AFDO and other community organisations that have called for this royal commission. The Prime Minister and Minister Porter should start listening to the concerns of people with a disability, their families and carers rather than come in here and accuse us on this side of the House of not supporting it; listening and not lecturing us.

These harrowing accounts of abuse are sickening and are absolutely unacceptable. The voices of people with a disability, who have been abused, must be heard and justice must be delivered. I notice now the interjections have stopped and heads over on the other side are hanging low in shame. We simply cannot let this abuse be swept under the carpet.

The Turnbull government's claim that the NDIS Quality and Safeguarding Framework is sufficient to prevent further abuse of people with a disability is absolutely inadequate. It only covers 10 per cent of people with a disability and does not take into consideration those people who have already suffered as a result. Therese Sands of Disabled People's Organisations of Australia has said of the NDIS Quality Safeguarding Framework:

It would also address the scale of violence and abuse against people with disability, its many forms and the broad range of services and settings where it occurs.

Labor will continue to call on the Turnbull government to begin the work to establish a royal commission immediately. If they fail to do so, a Shorten Labor government will get this done, because we are action over here, not all talk. We understand how important this is.

The scale and severity of abuse against people with a disability and institutional care was outlined by an ABC TV Four Corners program in 2014.

Ms Banks interjecting

I do make everything personal, the member for Chisholm—thank you for your interjection; I will take it. It is called emotion. It is called lived experience, and I can actually—it became a catalyst. The program on ABC TV Four Corners became a catalyst for a Senate inquiry in 2015, which made 30 recommendations.

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