Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Hansard source

I move:

(1) Schedule 2, item 2, page 35 (after line 6), at the end of section 29A, add:

(7) Any notice given under this section to a participant must also be given to the participant's plan nominee.

(2) Schedule 2, page 35 (after line 6), after item 2, insert:

2A After paragraph 78(1)(b)

Insert:

or (c) withdrawing as a participant under section 29A;

2B After paragraph 78(5)(b)

Insert:

or (c) withdrawing as a participant under section 29A;

2C After paragraph 79(1)(b)

Insert:

; or (c) withdrawing as a participant under section 29A.

2D Subsection 79(2)

After "a request", insert "(other than a request under section 29A)".

(3) Schedule 2, item 3, page 35 (lines 7 to 9), to be opposed.

As mentioned in my speech, we've circulated this amendment to close off an unintended loophole with the introduction of the 90-day cooling-off period. This loophole would allow a correspondence nominee to withdraw a participant from the scheme or cancel a withdrawal, even against the participant's wishes. The correspondence nominee is there to assist, not to make decisions against the participant's wishes. If that line is blurred, it risks removing agency from the people the NDIS is meant to empower.

The coalition amendment makes it clear that these decisions must remain with the participant. We have worked with the government and we are pleased that the government has indicated that it will agree to our amendment and support this. We believe this is a sensible and practical change that will close the loophole to protect participant choice.