Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | Hansard source

I think we need to put this in a little bit of context. The first point I would make is that a person who has just been involved in a very traumatic event probably is not going to go to the National Disability Insurance Scheme Act to ascertain what their next steps are. They will be associated with their insurance company and they will be referred to the national disability insurance agency locally provided, and this will be done extremely sensitively and compassionately. That was very much the message we received from the Senate Committee Affairs Legislation Committee.

In terms of how it will happen, there will be a discussion undoubtedly. If the case does concern legal action, there will be a discussion managed very sensitively with the individual to ascertain whether they wish to take that legal action. I imagine this will be a discussion not held on just one occasion. There will be an opportunity for there to be further discussion if the person says they are not doing that. That is when subrogation occurs and that is when there is an opportunity for the CEO to ascertain whether legal action is appropriate or whether they should take it on behalf of the person who has been involved in that event.