Elizabeth Watson-Brown (Ryan, Australian Greens) | Hansard source

by leave—I move amendments (1) to (9), as circulated in my name, together:

(1) Schedule 1, item 34, page 12 (lines 8 to 13), omit paragraphs 34A(1)(a) and (b), substitute:

(a) a percentage for reducing funding component amounts for a group of supports specified in the determination; and

(b) the class of participants' plans to which the percentage applies, which may be:

(i) all old framework plans that commence on or after the day the determination commences; or

(ii) the class of such plans specified in the determination.

(2) Schedule 1, item 34, page 12 (after line 16), after subsection 34A(1), insert:

(1A) For the purposes of paragraph (1)(a), a specified group of supports must be supports for one of the following:

(a) assistance with social, economic and community participation;

(b) improved daily living skills.

(1B) The determination may specify one or both groups of supports. If it specifies both, it may specify the same or a different percentage for each group.

(1C) The determination may specify a subgroup within a specified group of supports as an excluded subgroup for the purposes of subsection (2A). The excluded subgroup may consist of one or more kinds of supports.

Note: Excluded subgroups will include supports in employment and disability related health supports.

(1D) For the purposes of paragraph (1)(b), a class of participants' plans may be specified by reference to features of plans, features of participants, or both.

(3) Schedule 1, item 34, page 12 (line 17), omit "is in force", substitute "of a percentage is in force for a group of supports".

(4) Schedule 1, item 34, page 12 (line 18), omit "to which it applies", substitute "in the class of participants' plans to which the percentage applies".

(5) Schedule 1, item 34, page 12 (lines 20 to 22), omit "specified in the determination is taken instead to be the stated amount as reduced by the percentage specified in the determination", substitute "is taken instead to be the amount worked out under subsection (2A)".

(6) Schedule 1, item 34, page 13 (after line 6), after subsection 34A(2), insert:

(2A) For the purposes of paragraph (2)(a), the funding component amount for the specified group of supports is the amount worked out as follows:

      FCA—specified percentage × net FCA

     where:

      FCA means the funding component amount stated in the plan for the group of supports.

net FCA means:

(a) unless paragraph (b) applies—the funding component amount stated in the plan for the specified group of supports; or

(b) if the determination specifies an excluded subgroup within the specified group—the funding component amount stated in the plan for the group of supports minus so much of the funding component amount as is attributable to funding for the supports in the excluded subgroup.

(2B) For the purposes of paragraph (b) of the definition of net FCA in subsection (2A), the determination must specify how to determine the portion of the funding component amount that is attributable to funding for the supports in the excluded subgroup.

(7) Schedule 1, item 92, page 35 (after line 30), at the end of subsection 25A(1), add:

Note 1: For the purposes of paragraph (c), treatment is regularly undertaken or performed in Australia if public funding is available in respect of the treatment.

Note 2: Appropriate treatment does not include restrictive practices involving seclusion, chemical restraint, mechanical restraint, physical restraint or environmental restraint.

(8) Schedule 3, item 11, page 97 (after line 27), after subsection 59D(5), insert:

CEO must publish proposed instrument

(5A) At least 7 days before making a standard operating procedure instrument, the CEO must cause a copy of the proposed instrument to be published on the Agency's website.

(9) Schedule 5, item 1, page 108 (lines 25 and 26), omit subitem (5), substitute:

(5) Rules under subitem (1) relating to amendments or repeals made by Part 5 or 6 of Schedule 1 to this Act, or to Schedule 4 of this Act, must not be made after the end of the period of 12 months beginning on the day this subitem commences.

(5A) Rules under subitem (1) relating to amendments or repeals other than those mentioned in subitem (5) must not be made after the end of the period of 6 months beginning on the day this subitem commences.

The Greens will not be supporting these cruel cuts and changes to the NDIS Act. We know that these changes will make life harder for people who rely on the NDIS to live independently, participate in their communities and access education and work. I've heard these concerns directly from my constituents. I sent out a survey to people who my office has helped with the NDIS, and every single person who responded was seriously concerned either about being kicked off entirely or about cuts severely impacting their quality of life. Some said they simply weren't sure if they could keep going and keep surviving without their NDIS support.

I'm pleased that the Greens have been able to secure an additional eight weeks of inquiry into the bill. This will delay the passing of the bill and will secure more time for the disability community to have their voices heard in the inquiry. This, in turn, will build more pressure for the bill to be completely withdrawn, as it should be. As well as gaining more valuable time for participants, the amendments I'm moving today will protect NDIS participants from some of the very worst parts of this very bad bill. However, even with these amendments, the effects of this bill will still be incredibly cruel, and the Greens will continue to push the government and the opposition to withdraw their support for it.

The first area of amendment relates to support determinations. The bill as first presented allows the minister to make universal percentage cuts to funding for a category of supports. These cuts would apply to all NDIS participants. Our amendments will ensure that cuts cannot be applied to the support categories of daily living, transport, consumables, assistive technology or home modifications. We've also limited the impact of the minister's changes to support determinations relating to social, community and civic participation. The minister cannot make cuts to supports that people rely on for daily health needs, attending medical appointments or getting to work.

The second area is the definition of 'permanent disability'. The bill gives a new definition of 'permanent disability' that narrows the scope of what will be considered a permanent disability by bringing into primary legislation the concept of 'all appropriate treatment', which requires a person to undergo treatments to prove their disability is permanent before being allowed to access the scheme. The bill as it is written specifies that financial and geographical circumstances are not a consideration regarding what treatment is available. We've secured protections to ensure that treatment cannot be a restrictive practice, such as forced medication. Treatment must also be a publicly funded service available through Medicare, the Pharmaceutical Benefits Scheme or the public health system.

Thirdly, this bill allows the use of automated decision-making for important NDIS decisions, including for the development of participant plans and the processing of claims. We have secured greater transparency on the detail of how these automated decisions will be made by requiring that decision-making frameworks for evaluative decisions be made publicly available before being implemented.

Lastly, this bill gives the minister the power to make rules that can change how parts of the NDIS Act operate without having to pass a new bill through parliament. Our amendment reduces the scope of the ministerial power by reducing the timeframe for making transitional rules to six months for every part of the bill, except for parts relating to new framework planning, reasonable and necessary supports, and plan renewals. This will significantly limit the power of the minister to change how the NDIS Act works without taking a bill to parliament, though the Greens will continue to push for this power to be removed from the bill altogether.

I want to thank everyone who has taken the time to make a submission to the inquiry on the NDIS bill. There have been over 4½ thousand people so far who have done so. You've helped us put pressure on the government to secure these changes. The Greens and I will continue to use every pathway we have to fight this bill and to push the government to scrap it entirely.

Question agreed to.

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