Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to 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.

Jenny McAllister (NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Link to this | Hansard source

I can indicate, as I did in my second reading contribution, that the government supports the amendment moved by the coalition. We thank the coalition for reaching out to us and working with us to draft an appropriate response to the issue that was identified during the committee stage.

The committee identified that an unintended consequence of the way that the provisions had been drawn in the bill would be to allow a correspondence nominee to withdraw a participant from the scheme. That is beyond the scope of what was intended as the role of the correspondence nominee, and the government supports clarifying that the planned nominee is best placed to exercise this function.

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

The question is that amendments (1) and (2) on sheet 3719 be agreed to.

Question agreed to.

The TEMPORARY CHAIR: The question is that item (3), schedule 2 on sheet 3719 stand as printed.

Question negatived.

Jordon Steele-John (WA, Australian Greens) Share this | Link to this | Hansard source

I move the amendment on sheet 3687:

(1) Schedule 2, Part 3, page 38 (lines 1 to 15), to be opposed.

To facilitate the quick passage of the legislation, I'm happy not to speak to it.

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

The question is that part 3 of schedule 2 stand as printed.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I record Senator Payman's support for that amendment.

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

Pursuant to the order agreed to earlier today, the time allotted for debate on this bill has now expired. I will now put the question before the chair and then put the questions on the remaining stages of the bills. I'll first deal with the amendment circulated by the government. The question is that the amendment on sheet JQ106 be agreed to.

Question agreed to.

The TEMPORARY CHAIR: The question now is that the amendments on sheet 3651 be agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—Could I please have Senator Payman's support for that vote recorded.

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

The question now is that the amendment on sheet 3751 be agreed to.

Australian Greens' circulated amendment—

(1) Schedule 2, item 5, page 36 (after line 22), after subsection 45(3B), insert:

(3BA) However, the CEO must not require under subsection (3B) the person to give information or documents unless the CEO is satisfied that requiring the information or documents would not unreasonably interfere with or prejudice the person's privacy.

Question agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I seek leave to have Senator Payman's position recorded.

Leave granted.

Senator Payman opposes that amendment.

Maria Kovacic (NSW, Liberal Party, Shadow Assistant Minister for Women) Share this | Link to 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—

Sean Bell (NSW, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

by leave—We would like to cancel that division and not call for a division.

Question agreed to.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I seek leave to have Senator Payman's position recorded.

Leave granted.

Senator Payman supports that question.

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

The question is that the amendment on sheet 3647 be agreed to.

Senator Thorpe's circulated amendment—

(1) Schedule 2, page 38 (after line 15), at the end of the Schedule, add:

Part 4 — Plan management

National Disability Insurance Scheme Act 2013

13 Subsection 43(2AA)

Repeal the subsection.

14 Paragraph 43(3)(c)

Omit "or (aa)".

15 Paragraph 43(6)(d)

Omit "or (aa)".

16 Paragraph 43(7)(a)

Omit "(2AA),"

17 Paragraphs 44(1)(aa) and (2A)(aa)

Repeal the paragraphs.

National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024

18 Paragraph 132(e) of Schedule 1

Omit "and".

19 Paragraphs 132(f) and (g) of Schedule 1

Repeal the paragraphs.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I ask that Senator Payman's opposition to that question be recorded.

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

The question now is that the remaining stages of the bill be agreed to and the bill now be passed.

Question agreed to.

Bill read a third time.