Senate debates

Monday, 22 July 2019

Bills

National Disability Insurance Scheme Amendment (Worker Screening Database) Bill 2019; Second Reading

1:47 pm

Photo of Anne RustonAnne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Hansard source

This bill establishes the National Disability Insurance Scheme worker screening database. The database will keep an up-to-date national record of information about NDIS worker screening checks. A clearance recorded in the database means that the NDIS worker has undergone a background check and been found not to pose an unacceptable risk of harm to NDIS participants.

The NDIS is a transformational social policy that's being delivered by this government. It requires a new, nationally consistent approach to quality and safeguards. Stakeholders have consistently supported robust risk based worker screening in the disability sector that is portable across all jurisdictions. We are committed to meeting this objective and ensuring people with disability are not exposed to harm from those who are there to support them.

We've established the NDIS Quality and Safeguards Commission and provided $209 million over four years to support the integral work of the NDIS commission. The NDIS commission commenced operations in New South Wales and South Australia from 1 July 2018 and will be working in all states and territories by July 2020. The NDIS commission will lead the overall design and broad policy settings for nationally consistent NDIS worker screening.

Under the National Disability Insurance Scheme Amendment (Worker Screening Database) Bill, the NDIS commission is responsible for establishing and maintaining the national database as an accurate, up-to-date source of information about decisions made on NDIS workers' clearances. This reflects the NDIS commission's role as the national leader in quality and safeguards. The cost of developing and maintaining the database over the next four years is $13.6 million. States and territories are expected to contribute $6.8 million of this, representing half of the total cost.

The measures in the bill were funded as part of the 2017-18 Mid-Year Economic and Fiscal Outlook. The bill meets the government's responsibilities under the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme. Disability ministers from all Australian governments have provided in principle support for the intergovernmental agreement, which establishes NDIS worker screening to help create a safe and trusted workforce in the NDIS and minimise the risk of harm to people with disability. To this end, all Australian governments are working together to establish the NDIS worker screening check.

The new check will be introduced in each state and territory progressively over the next year, with all states and territories having the check in place by 1 July 2020. Until the check becomes available in a jurisdiction, transitional arrangements provide recognition of current state based checks such as working with children or vulnerable persons check. Once the NDIS check is operational, state based checks for existing workers will continue to be recognised until they expire. This approach will provide for a gradual transition to the new system and provide continuity of service provision.

Under a nationally consistent approach, worker screening units in each state and territory will be responsible for conducting the NDIS worker screening checks. They will consider an applicant's criminal history information, any relevant disciplinary and misconduct information, and information taken from the NDIS commission's complaints and reportable incident system. Information about the status of the checks will be stored in a single national database managed by the NDIS commission and accessible for NDIS purposes. Worker clearances will be portable across jurisdictions and employers, reducing duplication and complexity for workers moving between or providers operating across jurisdictions. The database enables this portability, meaning workers only need one clearance. There will be one reference point for a worker who holds a current clearance. This represents a major step forward from the existing fragmented arrangements operating in each state and territory. It reduces duplication and complexity for workers and providers operating in more than one jurisdiction.

Although recruitment, selection and screening processes are an employer responsibility, the database will provide a tool to ensure people chosen to work in the NDIS are safe to work with people with disability. Employers and self-managed participants will be able to verify that workers hold a clearance using up-to-date accurate information in the database to be established under this bill. Participants and their families can be assured workers with clearances do not pose an unacceptable risk of harm. Nationally consistent worker screening will deter and prevent those who seek to do the wrong thing from entering the NDIS workforce. The national database eliminates the opportunity for people to make multiple attempts at gaining a clearance in different states or territories. It provides for the ongoing monitoring of clearance holders' criminal history information, meaning unsuitable individuals will not remain in the sector. This sends a clear message to those who pose an unacceptable risk of harm to NDIS participants that they are not welcome.

The Morrison government is committed to the rights of people with disability to live lives free from abuse, violence, neglect and exploitation. The central database to be established under this bill will support nationally consistent NDIS worker screening in pursuit of this objective. This is an important measure to ensure people with disability have access to quality and safe support and services under the NDIS, and are not at risk of harm from people who work closely with them. I commend the bill to the chamber.

Question agreed to.

Bill read a second time.

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