Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 29 November 2017
Page: 9279


Senator SIEWERT (Western AustraliaAustralian Greens Whip) (18:43): I move Greens amendment (3), amendments (5) and (6), and amendments (8) and (9) on sheet 8307, together:

(3) Schedule 1, item 48, page 32 (lines 15 to 18), omit subsection 73X(1), substitute:

(1) The National Disability Insurance Scheme rules may prescribe arrangements relating to the management and resolution of complaints:

(a) arising out of, or in connection with, the provision of supports or services by NDIS providers, and providers of local area coordination services and early childhood early intervention services; and

(b) arising out of, or in connection with, actions of the Agency.

(5) Schedule 1, item 60, page 65 (line 12), omit "Act;", substitute "Act.".

(6) Schedule 1, item 60, page 65 (lines 13 to 17), omit paragraph 181E(i).

(8) Schedule 1,item 60, page 67 (after line 33), after subsection 181K(l), insert:

(iA) Despite paragraph 44(2) (b) of the Legislation Act 2003, and regulations made for the purposes of that paragraph, section 42 of that Act applies to a direction by the Minister under subsection (1).

(9) Schedule 1, item 60, page 68 (lines 1 to 4), omit the note, substitute:

Note 1: Section 42 of the legislation Act 2003 provides for the disallowance of legislative instruments.

Note 2: Part 4 of Chapter 3 (sunsetting) of the legislation Act 2003 does not apply to the directions (see regulations made for the purposes of paragraph 54(2) (b) of that Act.

I would love it if somebody were going to vote differently on some of these amendments, but I get a vibe that this is not going to happen, so I am happy to hear the will of the chamber on all of them together, unless somebody wants to put them differently. But I would like to articulate very briefly what these amendments are about, and why we are moving them. Again, I did foreshadow all of these amendments in my second reading contribution. Amendments (1), (2), (4), (7), (10), (11), (12) and (13) are about the role of a senior practitioner, a position that we regard very seriously. It is an absolutely critical role. At the moment, the role of the senior practitioner is not articulated fully in the—

The TEMPORARY CHAIR: The minister on a point of order.

Senator Seselja: Perhaps I could seek clarification. It is my understanding that Senator Siewert asked to move three of her remaining amendments together, but she appears to be speaking to one that she didn't move together. So I am just seeking clarification on that.

The TEMPORARY CHAIR: Senator Siewert, you might just clarify that.

Senator SIEWERT: Yes. I was proposing that we deal with all of them and then put them. Sorry, if I wasn't clear.

The TEMPORARY CHAIR: Could I just make the point here, Minister, that we're all talking about sheet 8307, amendment (3), as well as amendments (5) and (6), as well as amendments (8) and (9), which have been moved by Senator Siewert together. She's saying, for simplicity's sake, to debate them together. Senator Brown?

Senator Carol Brown: My understanding is that we will debate all the amendments and then we will vote on them separately as they appear on the running sheet.

The TEMPORARY CHAIR: My understanding is that we will debate them all together and then if senators require separate divisions and votes on those amendments we can put them that way. Is everyone happy? Continue, Senator Siewert.

Senator SIEWERT: I'm trying to get the issues out there on the table and talk about them but not hold the chamber up.

The TEMPORARY CHAIR: Continue, Senator Siewert.

Senator SIEWERT: As I was articulating, we believe this particular role is absolutely essential to the work of the commission. It's an issue that will come up time and time again in terms of those restrictive practices. I am aware of the sensitivities with the states and territories. I feel a great deal of sorrow at the fact that we can't work together with the states and territories across this country to achieve some harmony in the approaches to those particular issues. We're in 2017 and we still haven't worked that out. I'm pleased that there will be ongoing negotiations, but we think these amendments are so important in making sure that the role of the senior practitioner is enshrined in the legislation.

Another set of amendments I have moved are related to market oversight. We in this bit of the chamber are deeply concerned about the conflicting roles for the commission in market oversight and in looking at complaints when they are raised. If there's a provider that is fairly dodgy but the only provider in a particular place, it may be allowed to continue because of the market. We are deeply concerned about that, and I'm articulating the concerns of people with disability that were raised during the inquiry and that have been raised with me privately on a number of occasions.

I have also articulated that we have concerns about the minister's directions to the commissioner under subclause 181K(1). We believe those directions should be disallowable. I'm sure I will hear the argument from the government that it is the same provision that applies to other agencies, but it doesn't apply to all agencies, so we believe that it should be amended.

The last set of amendments provides for the NDIS rules to prescribe arrangements relating to the management and resolution of complaints, both those arising out of, or in connection with, the provision of supports or services by NDIS providers and providers of local area coordination services and early childhood early intervention services and those arising out, of or in connection with, actions of the agency. Again, I articulated that in my second reading speech. We believe that the role of the commission should extend to LACs, to providers of early childhood intervention services and, of course, to the actions of the agency because people accessing those services are going to be left to very clunky existing services, about which people complain all the time. We think these belong in the purview of the commission.