Linda Reynolds (WA, Liberal Party, Minister for Government Services) Share this | Hansard source

First of all, let me thank most sincerely all colleagues across the chamber for their heartfelt and very sincere contributions on this most important bill, the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021. I also thank them all for their acknowledgement of the significance of this bill. I think the debate that we've had on this bill is a really important reminder to us all of the great good that we can do for some of our most vulnerable when we come together in a common cause in this chamber.

I commence my remarks by recognising the tragic circumstances in which South Australian NDIS participant Ms Ann-Marie Smith died. I also recognise all the circumstances in which an NDIS participant has been subject to abuse, neglect or exploitation. As all colleagues in this place who have spoken have acknowledged, Ms Smith's death continues to be a source of deep distress for all Australians. It is my most sincere hope that this bill provides comfort and assurance to participants, to families, to their friends, to their carers, that this government, with the support of all in this chamber, is taking action to better protect them, to reduce the likelihood or the risk that such a horrific event could happen again.

This bill makes changes to the NDIS Act 2013 in response to issues identified in various inquiries into recent cases of abuse and neglect of people with disability, including the independent review conducted by former Federal Court judge the Hon. Alan Robertson SC into the tragic death of Ms Ann-Marie Smith. The review was done at the request of the NDIS Quality and Safeguards Commissioner, and the report was a report to the commission and not directly to government.

Specifically, this bill strengthens information-sharing arrangements. It allows conditions to be attached to the approval of quality auditors. It enables the NDIS Commissioner to further specify reportable incidents and it makes a range of other technical changes designed to improve the operation of the NDIS Commission. In summary, these amendments will help ensure the wellbeing of NDIS participants, including those who are at greater risk of harm, and ensure that the commissioner has clear and effective powers to regulate NDIS providers and respond to incidence of violence, abuse, neglect, and shameful exploitation.

I cannot possibly overstate this government's commitment to improving protections and safeguards for NDIS participants, especially those most vulnerable and at risk of harm and exploitation. This includes recognising the importance of continuing to review the NDIS Quality and Safeguarding Framework to ensure a quality and safe market for NDIS participants through providing nearly $1 million for a framework review in last year's budget. This key review will consider the framework's effectiveness in the context of NDIS policy development and the evolving nature of the NDIS market, to identify any further opportunities to strengthen protections for all participants, with a report due by the end of next year.

The government does not support the second reading amendment by the Greens. I'd like to explain to all in this chamber the reasons for that. We've heard from the Greens that there hasn't been sufficient consultation, and I would like to refute that most strongly and sincerely. Let me explain why. The amendments in the bill relate to recommendations, as I've said, from the Robertson review, a review requested by the Quality and Safeguards Commissioner and delivered to the commission. Importantly, in informing his views, the Hon. Alan Robertson invited public consultation in the context of his investigation. The recommendations that he delivered were very well received by the sector, including by people with disability, and all major political parties have called on the Australian government to implement these recommendations. That is exactly what we are doing here today. During his consultations, 46 submissions were received either verbally or in writing. In addition to the submissions received, Mr Robertson also wrote, as a courtesy, to 38 individuals who may have an interest, to inform them of his review and the terms of reference. This bill here today responds to this consultation and the recommendations. It is an important next step—and I highlight that that is just a next step but a very important one.

Discussions were also held between the Department of Social Services and the Australian Federation of Disability Organisations on 16 June this year to discuss these very amendments and to get their input into the proposed bill, but the discussions also provided the opportunity for a policy explanation of the intent of the government in these recommendations. Additionally, a further consultation will occur where amendments to NDIS rules are required to implement these legislative amendments during the scheduled review of the NDIS Quality and Safeguarding Framework later this year. So there remain many other opportunities on an ongoing basis for the sector, participants and all of those who are interested in improving how we care for and safeguard NDIS participants.

In addition to this consultation, the bill was scrutinised by the Parliamentary Joint Committee on Human Rights and the Senate Standing Committee for the Scrutiny of Bills, and by the Senate Community Affairs Legislation Committee, where sector representatives were able to provide comment and speak to their concerns at the public hearing. I thank each and every one of you who provided input, because it was very important input into the development and finalisation of the bill that we are dealing with today.

I would like to note that while the government is not supporting Senator Hanson's second reading amendments it is not because we don't agree with the sentiments in that amendment. The government is very grateful for Senator Hanson's engagement in the NDIS to ensure its future sustainability and viability.

Lastly, I thank the Senate Standing Committee for the Scrutiny of Bills, the Parliamentary Joint Committee on Human Rights and the Senate Community Affairs Legislation Committee for their consideration of this bill. Most importantly, I thank each and every one of you in this chamber and in this place more generally who have contributed to this bill today, because if there is anything that unites all of us in the chamber it is this bill today to make life safer for NDIS participants who are at risk. So I say to everybody here: For Ann-Marie Smith and every single NDIS participant who has been subject to abuse, neglect and exploitation: this bill is for you. I commend the bill.