Rachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) and (2) on sheet 7357:

(1) Clause 22, page 25 (lines 20 to 26), omit subclause (1), substitute:

(1) A person meets the age requirements if:

  (a) the person was aged under 65 when the access request in relation to the person was made; and

  (b) if the National Disability Insurance Scheme rules for the purpose of this paragraph prescribe that on a prescribed date or a date in a prescribed period the person must be a prescribed age—the person is that age on that date.

  (1A) A person also meets the age requirements if the person is a polio survivor (whether aged above or below 65 years of age) when the access request in relation to the person was made.

(2) Clause 22, page 25 (line 27), omit "paragraph (1)(b)", substitute "subsections (1) and (1A)".

Question agreed to.

I move Greens amendment (4) on sheet 7356:

(4) Clause 23, page 26 (lines 2 to 11), omit subclause (1), substitute:

(1) A person meets the residence requirements if the person:

  (a) resides in Australia; and

  (b) is:

     (i) an Australian resident for the purposes of the Health Insurance Act 1973; or

     (ii) is an eligible person by reason of section 6 or 6A of that Act; and

(c) satisfies the other requirements in relation to residence that are prescribed by the National Disability Insurance Scheme rules.

This is an issue that relates to who is counted as a resident. The current amendment uses the social security definitions. During the Senate inquiry—(Time expired)

The TEMPORARY CHAIRMAN: The question is that the Australian Greens amendment (4) on sheet 7356 be agreed to.

Question negatived.

The TEMPORARY CHAIRMAN: The question now is that the remaining amendments on sheet 7356 amendment (5) circulated by the Australian Greens be agreed to:

(5) Clause 40, page 41 (line 25) to page 42 (line 2), omit "6 weeks" (wherever occurring), substitute "12 months".

Question negatived.

The TEMPORARY CHAIRMAN: The question now is that the remaining amendments on sheet 7362, amendments (2) to (6) circulated by Senator Xenophon be agreed to:

(2) Clause 100, page 84 (line 19), at the end of subclause (1), add:

  ; and (c) explaining the reasons for the reviewable decision.

(3) Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103A Costs

(1) The Administrative Appeals Tribunal can make a costs order providing that the CEO or Agency must pay the costs of a person who makes an application for a review of a decision.

(2) The Administrative Appeals Tribunal must not make a costs order providing that a person who makes an application for review of a decision is required to pay the CEO's or Agency's costs, unless in the opinion of the Tribunal the person is acting in a manner that is vexatious or an abuse of process of the Tribunal.

(4) Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103B Administrative Decisions (Judicial Review) Act 1977

     For the avoidance of doubt, if the CEO makes a decision under this Act, the decision is taken to be a decision of an administrative character made under an enactment.

(5) Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103C CEO to ensure appropriate means of communication

     The CEO must ensure that the Agency institutes a process to ensure that communications with participants in the National Disability Insurance Scheme are undertaken so as to allow the participants to deal with the Agency in the most effective way possible.

Note: For example, providing written communications to a person who is vision impaired does not allow that person to effectively communicate with the Agency. In this case, the Agency may determine that it is appropriate to directly speak with the person and to send them the written communication in braille form.

(6) Clauses 104 to 105B, page 87 (line 5) to page 90 (line 26), omit the clauses, substitute:

  104 Compensation

     Where:

  (a) compensation is paid or payable to a person (the injured party), otherwise than under a scheme of compensation under a Commonwealth, State or Territory law; and

  (b) the injured party has received, or is entitled to, damages from another person (the wrongdoer) in pursuance of rights arising from the same trauma as gave rise to the rights to compensation; and

(c) the person to whom the compensation is paid or payable (the claimant) is entitled to recover the amount of the compensation; and

  (d) the person has taken no action to claim or obtain compensation,

then the following provisions apply:

  (e) the CEO is entitled to recover the amount of compensation paid or payable from the wrongdoer or the injured party, but subject to the following qualifications:

     (i) no amount may be recovered from the wrongdoer in excess of the wrongdoer's unsatisfied liability to the injured party; and

     (ii) no amount may be recovered from the injured party in excess of the amount of the damages received by the injured party; and

     (iii) in a case involving contributory negligence, the amount to be recovered from the wrongdoer by the claimant under this subsection must be adjusted to the extent that is just and equitable having regard to the extent to which the wrongdoer establishes that the contributory negligence contributed to the occurrence of the relevant injury; and

(f) the claimant shall, on giving notice to a wrongdoer of an entitlement to recover compensation under this section, have a first charge, to the extent of the entitlement, on damages payable by the wrongdoer to the injured party; and

(g) any amount recovered by the claimant against a wrongdoer under this subsection shall be deemed to be an amount paid in or towards satisfaction of the wrongdoer's liability to the injured party; and

(h) an action for the recovery of compensation may be heard in a Court of competent jurisdiction.

Question negatived.

The TEMPORARY CHAIRMAN: Sorry, Senator Fifield. We are moving through the amendments now. The time for debate has expired.