Wednesday, 30 March 2022
National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021; Consideration in Detail
by leave—I move amendments (1) and (2), as circulated, together:
(1) Clause 2, page 5 (at the end of the table), add:
(2) Page 49 (after line 5), at the end of the Bill, add:
Schedule 4 — COVID vaccination
National Disability Insurance Scheme Act 2013
1 Section 9
COVID means the coronavirus commonly known as COVID-19 (including any subsequent variants of that coronavirus).
2 At the end of Part 2 of Chapter 7
204AA CO VID vaccination
This Act does not authorise the doing of anything (including the making of a legislative instrument or an administrative decision) that has the effect of discriminating, directly or indirectly, against a person on the ground that the person has not received or will not receive a COVID vaccination.
Example 1: Denying support under the NDIS to a person with a disability unless the person receives a COVID vaccination.
Example 2: Refusing to register a person as a registered NDIS provider unless staff of the provider are vaccinated, or making such registration conditional on staff of the provider being vaccinated.
Example 3: Making funding for supports conditional on the supports being provided by a person who is vaccinated.
I present a supplementary explanatory memorandum to the bill. By leave—I move government amendments (1) to (14) on revised sheet ZE142, as circulated, together:
(1) Clause 2, page 4 (table item 23), omit "items 61 and 62", substitute "item 61".
(2) Schedule 1, item 23, page 9 (lines 7 to 15), omit subsection 47A(1), substitute:
(1) The CEO may, in writing, vary a participant's plan (except the participant's statement of goals and aspirations) if:
(a) the variation:
(i) is covered by subsection (1A); or
(ii) is a correction of a minor or technical error; and
(b) any conditions prescribed by the National Disability Insurance Scheme rules are satisfied.
Each variation must be prepared with the participant.
(1A) For the purposes of subparagraph (1)(a)(i), the following variations of a participant's plan are covered:
(a) a variation to the reassessment date of the plan;
(b) a variation of the statement of participant supports included in the plan in relation to the management of:
(i) the funding for supports under the plan; or
(ii) other aspects of the plan;
(c) a variation of the statement of participant supports included in the plan if:
(i) the statement specifies that a support is to be provided by a specified provider, or in a specified manner; and
(ii) the variation is to specify that the support is to be provided by another provider, or in another manner, as the case may be;
(d) a variation of the statement of participant supports included in the plan, or of the funding of supports under the plan, if:
(i) the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant's support needs; or
(ii) after the participant's plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO's own initiative), and the variation relates to that information; or
(iii) the variation is made for the purposes of dealing with a change to the reassessment date of the participant's plan; or
(iv) the variation is a minor variation that results in an increase to the funding of supports under the participant's plan.
Note 1: Information mentioned subparagraph (d)(ii) could relate to a support such as an item of assistive technology or a home modification.
Note 2: A statement of participant supports in a participant's plan must give effect to the plan management request of a participant except in certain circumstances (see subsection 43(2)).
Note 3: In varying the participant's plan in relation to the statement of participant supports, the CEO must have regard to the matters set out in subsection (3) of this section.
(3) Schedule 1, item 23, page 10 (lines 8 and 9), omit "and not to reassess the plan under subsection 48(1)".
(4) Schedule 1, item 23, page 10 (lines 10 and 11), omit paragraph 47A(4)(c).
(5) Schedule 1, item 23, page 10 (line 19), omit "and not to reassess the plan under subsection 48(1)".
(6) Schedule 1, item 23, page 10 (lines 26 to 30), omit subsection 47A(7).
(7) Schedule 1, item 39, page 16 (table item 6A), omit "and not to reassess the plan".
(8) Schedule 1, item 58, page 20 (lines 21 to 23), omit the item, substitute:
58 Subsection 209(8) (table item 1, column headed "Description", paragraph (eb))
Repeal the paragraph, substitute:
(eb) paragraph 47A(1)(b) and subsection 47A(6);
(f) subsection 48(5);
(9) Schedule 1, item 62, page 21 (lines 3 to 7), omit the item.
(10) Schedule 2, item 18, page 29 (line 4), omit "to which a psychosocial disability is attributable and".
(11) Schedule 2, item 20, page 29 (lines 17 and 18), omit "subparagraph (1)(a)(ii), an impairment or impairments to which a psychosocial disability is attributable and", substitute "subparagraph (1)(a)(i) or (ii), an impairment or impairments".
(12) Schedule 2, item 21, page 29 (lines 21 and 22), omit the item.
(13) Schedule 2, item 24, page 29 (line 27) to page 30 (line 10), omit the item.
(14) Schedule 2, item 53, page 37 (lines 3 to 6), omit the item, substitute:
53 Subsection 209(8) (table item 1, column headed "Description", before paragraph (a))
(aa) subsection 14(3);
Question agreed to.
Bill, as amended, agreed to.