Maria Kovacic (NSW, Liberal Party, Shadow Assistant Minister for Women) Share this | Hansard source

The question now is that the amendments on sheet 3758 be agreed to.

Australian Greens' circulated amendments—

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 38 (after line 15), at the end of the Bill, add:

Schedule 3 — Whistleblower amendments

National Disability Insurance Scheme Act 2013

1 Subsection 73ZA(1)

Omit "is" (wherever occurring), substitute "is or was".

2 Paragraphs 73ZA(1)(a) to (c)

Omit "has", substitute "has or had".

3 Paragraph 73ZA(2)(b)

Repeal the paragraph.

4 Paragraph 73ZA(2)(c)

Omit "Act; and", substitute "Act.".

5 Paragraph 73ZA(2)(d)

Repeal the paragraph.

6 After section 73ZB

Insert:

73ZBA Confidentiality of identity of disclosers

(1) A person (the first person) contravenes this subsection if:

(a) another person (the discloser) makes a disclosure of information (the qualifying disclosure) that qualifies for protection under this Division; and

(b) the first person discloses either of the following (the confidential information):

(i) the identity of the discloser;

(ii) information that is likely to lead to the identification of the discloser; and

(c) the confidential information is information that the first person obtained directly or indirectly because of the qualifying disclosure; and

(d) the disclosure of the confidential information by the first person:

(i) is to a person other than the discloser; and

(ii) is not authorised under subsection (2).

Civil penalty: 30 penalty units.

(2) A disclosure of the confidential information by the first person is authorised under this subsection if:

(a) the disclosure is made to the Commissioner or the Agency; or

(b) the disclosure is made to any of the following:

(i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

(ii) a special member of the Australian Federal Police (within the meaning of that Act);

(iii) a member of the police force or police service of a State or Territory;

(iv) a prosecutor; or

(c) the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Division; or

(d) the disclosure is made with the consent of the discloser, or the discloser has acted in a way that is inconsistent with keeping the discloser's identity confidential; or

(e) the disclosure is necessary to lessen or prevent a serious threat to the safety, health or wellbeing of one or more individuals; or

(f) the disclosure is made to a court, tribunal or a Royal Commission (within the meaning of the Royal Commissions Act 1902); or

(g) the discloser elects to have the qualifying disclosure managed as a complaint, and the disclosure is for purposes relating to making, managing or resolving the complaint; or

(h) both of the following apply:

(i) the confidential information is in the public domain before the disclosure is made;

(ii) the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of subsection (1).

Note: For paragraph (g), the National Disability Insurance Scheme rules may deal with how complaints may be made, managed and resolved (see section 73X).

(3) Subsection (1) does not apply if:

(a) the confidential information disclosed by the first person:

(i) is not the identity of the discloser; and

(ii) is reasonably necessary for the purposes of dealing with the contravention that the qualifying disclosure indicates an NDIS provider has, or may have, made; and

(b) the first person takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure of the confidential information.

(4) In this section, prosecutor means a person who institutes or is responsible for the conduct of a prosecution of an offence.

7 Application

(1) The amendments of section 73ZA of the National Disability Insurance Scheme Act 2013 made by this Schedule apply in relation to a disclosure of information by the discloser on or after the commencement of this item.

(2) Section 73ZBA of the National Disability Insurance Scheme Act 2013, as inserted by this Schedule, applies in relation to a disclosure of information by the first person on or after the commencement of this item, whether that information was obtained by the first person before, on or after that commencement.

All those in favour, say aye; those against, no. The ayes have it? Is a division required? Ring the bells for one minute.

A division having been called and the bells having been rung—