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National Disability Insurance Scheme Bill 2013

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7362

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

National Disability Insurance Scheme Bill 2013

 

 

(1)     Clause 4, page 5 (after line 23), after subclause (5), insert:

          (5A)  People with disability have a right to access independent disability advocacy support to promote, protect and ensure their full and equal enjoyment of all human rights and to enable them to participate fully in the community.

[assistance for people with disability]

(2)     Clause 100, page 84 (line 19), at the end of subclause (1), add:

            ; and  (c)  explaining the reasons for the reviewable decision.

[reason for reviewable decision]

(3)     Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103A  Costs

             (1)  The Administrative Appeals Tribunal can make a costs order providing that the CEO or Agency must pay the costs of a person who makes an application for a review of a decision.

             (2)  The Administrative Appeals Tribunal must not make a costs order providing that a person who makes an application for review of a decision is required to pay the CEO’s or Agency’s costs, unless in the opinion of the Tribunal the person is acting in a manner that is vexatious or an abuse of process of the Tribunal.

[costs]

(4)     Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103B  Administrative Decisions (Judicial Review) Act 1977

                   For the avoidance of doubt, if the CEO makes a decision under this Act, the decision is taken to be a decision of an administrative character made under an enactment.

[review of decisions]

(5)     Page 86 (after line 17), at the end of Part 6 of Chapter 4, add:

103C  CEO to ensure appropriate means of communication

                   The CEO must ensure that the Agency institutes a process to ensure that communications with participants in the National Disability Insurance Scheme are undertaken so as to allow the participants to deal with the Agency in the most effective way possible.

Note:          For example, providing written communications to a person who is vision impaired does not allow that person to effectively communicate with the Agency. In this case, the Agency may determine that it is appropriate to directly speak with the person and to send them the written communication in braille form.

[communication]

(6)     Clauses 104 to 105B, page 87 (line 5) to page 90 (line 26), omit the clauses, substitute:

                   104  Compensation

                   Where:

                     (a)  compensation is paid or payable to a person (the injured party ), otherwise than under a scheme of compensation under a Commonwealth, State or Territory law; and

                     (b)  the injured party has received, or is entitled to, damages from another person (the wrongdoer ) in pursuance of rights arising from the same trauma as gave rise to the rights to compensation; and

                     (c)  the person to whom the compensation is paid or payable (the claimant ) is entitled to recover the amount of the compensation; and

                     (d)  the person has taken no action to claim or obtain compensation,

then the following provisions apply:

                     (e)  the CEO is entitled to recover the amount of compensation paid or payable from the wrongdoer or the injured party, but subject to the following qualifications:

                              (i)  no amount may be recovered from the wrongdoer in excess of the wrongdoer's unsatisfied liability to the injured party; and

                             (ii)  no amount may be recovered from the injured party in excess of the amount of the damages received by the injured party; and

                            (iii)  in a case involving contributory negligence, the amount to be recovered from the wrongdoer by the claimant under this subsection must be adjusted to the extent that is just and equitable having regard to the extent to which the wrongdoer establishes that the contributory negligence contributed to the occurrence of the relevant injury; and

                      (f)  the claimant shall, on giving notice to a wrongdoer of an entitlement to recover compensation under this section, have a first charge, to the extent of the entitlement, on damages payable by the wrongdoer to the injured party; and

                     (g)  any amount recovered by the claimant against a wrongdoer under this subsection shall be deemed to be an amount paid in or towards satisfaction of the wrongdoer's liability to the injured party; and

                     (h)  an action for the recovery of compensation may be heard in a Court of competent jurisdiction.

[compensation]