House debates

Wednesday, 7 October 2020

Bills

National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020; Consideration in Detail

5:48 pm

Photo of Melissa PriceMelissa Price (Durack, Liberal Party, Minister for Defence Industry) Share this | | Hansard source

I present a supplementary explanatory memorandum to the bill. I seek leave to move government amendments (1) to (7) as circulated together.

Leave granted.

I move government amendments (1) to (7):

(1) Schedule 1, page 3 (after line 6), after item 1, insert:

1A Subsection 73ZN(1)

After "by an NDIS provider", insert ", or by a person who was an NDIS provider,".

1B Subparagraph 73ZN(1 ) ( b ) ( iv)

Before "there is", insert "in the case of an NDIS provider—".

(2) Schedule 1, page 3 (after line 27), after item 4, insert:

4A After subsection 73ZS(2)

Insert:

Banning orders

(2A) The NDIS Provider Register must include each of the following in relation to a person against whom a banning order is in force:

(a) the name of the person;

(b) the person's ABN (if any);

(c) information about the banning order;

(d) any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

(2B) The NDIS Provider Register may include each of the following in relation to a person against whom a banning order was in force:

(a) the name of the person;

(b) the person's ABN (if any);

(c) information about the banning order;

(d) any other matter prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

4B Paragraphs 73ZS(3 ) ( i), (4 ) ( e) and (5 ) ( d)

Repeal the paragraphs.

(3) Schedule 1, item 5, page 3 (line 28) to page 4 (line 9), omit the item, substitute:

5 Paragraph 201A(1 ) ( p)

Omit "73ZS(3) (l), (4) (h) and (5) (f)", substitute "73ZS(2A) (d), (2B) (d), (3) (l), (4) (h) and (5) (f)".

(4) Schedule 1, item 6, page 4 (lines 10 to 12), omit the item, substitute:

6 Subsection 209(8) (cell at table item 4, column headed " Description " , paragraph (r))

Omit "73ZS(3) (l), (4) (h) and (5) (f)", substitute "73ZS(2A) (d), (2B) (d), (3) (l), (4) (h) and (5) (f)".

(5) Schedule 1, item 8, page 4 (before line 18), before subitem (1), insert:

(1A) The amendment made by item 1A applies in relation to a person who ceased to be an NDIS provider before, on or after the commencement of this item, whether conduct to which paragraph 73ZN(1) (a), (b), (c) or (d) of the National Disability Insurance Scheme Act 2013 relates occurred before, on or after that commencement.

(6) Schedule 1, item 8, page 4 (line 21), at the end of subitem (1), add ", whether conduct to which paragraph 73ZN(2) (a), (b) or (c) of that Act relates occurred before, on or after that commencement".

(7) Schedule 1, item 8, page 4 (lines 30 to 32), omit subitem (3), substitute:

(3) Subsection 73ZS(2A) of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to the following:

(a) a banning order made on or after the commencement of this item;

(b) a banning order made before that commencement and that was in force immediately before that commencement.

(4) Subsection 73ZS(2B) of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to a banning order that was in force before, on or after the commencement of this item.

(5) The amendments made by this Schedule do not affect the validity of an entry in the NDIS Provider Register made before the commencement of this item.

Question agreed to.

Bill, as amended, agreed to.