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Thursday, 21 March 2013
Page: 2900

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate's amendments—

(1) Clause 3, page 4 (lines 5 to 7), omit paragraph (1)(a), substitute:

      (a) in conjunction with other laws, give effect to Australia's obligations under the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12); and

(2) Clause 3, page 4 (line 28), at the end of subclause (1), add:

   ; and (i) in conjunction with other laws, give effect to certain obligations that Australia has as a party to:

      (i) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23); and

   (ii) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5); and

   (iii) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4); and

   (iv) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9); and

   (v) the International Convention on the Elimination of All Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40).

Note: In 2013, the text of a Convention or Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

(3) Clause 3, page 5 (line 9), at the end of subclause (3), add:

   ; and (d) the provision of services by other agencies, Departments or organisations and the need for interaction between the provision of mainstream services and the provision of supports under the National Disability Insurance Scheme.

(4) Clause 4, page 6 (after line 19), after subclause (12), insert:

   (13) The role of advocacy in representing the interests of people with disability is to be acknowledged and respected, recognising that advocacy supports people with disability by:

      (a) promoting their independence and social and economic participation; and

      (b) promoting choice and control in the pursuit of their goals and the planning and delivery of their supports; and

      (c) maximising independent lifestyles of people with disability and their full inclusion in the mainstream community.

(5) Clause 4, page 6 (line 20), omit "(13)", substitute "(14)".

(6) Clause 4, page 6 (line 24), omit "(14)", substitute "(15)".

(7) Clause 4, page 6 (line 27), omit "(14A)", substitute "(16)".

(8) Clause 4, page 6 (line 29), omit "(15)", substitute "(17)".

(9) Clause 5, page 7 (line 18), after "circumstances", insert ", and the gender,".

(10) Clause 9, page 12 (lines 7 to 13), omit the definition of Convention on the Rights of Persons with Disabilities.

(11) Clause 26, page 29 (lines 13 to 16), omit subparagraph (1)(b)(ii), substitute:

   (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(12) Clause 36, page 40 (lines 23 to 26), omit subparagraph (2)(b)(ii), substitute:

   (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(13) Clause 50, page 49 (lines 1 to 4), omit subparagraph (2)(b)(ii), substitute:

   (ii) undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

(14) Clause 73, page 64 (line 4), at the end of subclause (1), add:

   ; and (d) processes to deal with conflicts of interest, or perceived conflicts of interest.

(15) Clause 73, page 64 (after line 19), after paragraph (2)(d), insert:

   (da) obligations relating to dealing with conflicts of interest, or perceived conflicts of interest; and

(16) Clause 85, page 75 (lines 9 and 10), omit "a medical, psychiatric or psychological".

(17) Clause 147, page 119 (lines 8 to 26), omit subclause (5), substitute:

Membership requirements

   (5) In appointing the members of the Advisory Council, the Minister must:

      (a) have regard to the desirability of the membership of the Advisory Council reflecting the diversity of people with disability; and

      (b) ensure that all members are persons with skills, experience or knowledge that will help the Advisory Council perform its function; and

      (c) ensure that:

      (i) a majority of the members are people with disability; and

   (ii) at least 2 of the members are carers of people with disability; and

   (iii) at least one of the members is a person who has skills, experience or knowledge in relation to disability in rural or regional areas; and

   (iv) at least one of the members is a person who has skills, experience or knowledge in the supply of equipment, or the provision of services, to people with disability.

Note: A particular member may meet one or more of the conditions in subparagraphs (5)(c)(ii), (iii) and (iv).