The PRESIDENT (Senator the Hon. John Hog g) took the chair at 10:00, read prayers and made an acknowledgement of country.
That:
(a) the Environment and Communications Legislation Committee be authorised to hold a public meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today, from 11.45 am;
(b) the Environment and Communications Legislation Committee be authorised to hold public meetings during the sittings of the Senate today from 10 am and on Tuesday, 19 March 2013, from 12.30 pm to take evidence for the committee's inquiry into the media reform bills package; and
(b) the Joint Select Committee on Broadcasting Legislation be authorised to hold a public meeting during the sitting of the Senate today, from 10 am.
Two and a half years ago we were willing to take Labor at their word on a promise that a comprehensive reform bill based on the outcome of the green paper process would be dealt with by the parliament before an election was called, but it never came; it simply never came. Instead this bill—this zombie bill, twice killed by the parliament already—is disinterred by Labor and the Greens and seeks to walk among us like the living dead. We will not support the bill …
That the AEC should concentrate on continuing to check the accuracy of the roll by canvassing and advertising to make people aware of their obligations to properly initially enrol and advise of change of address when it occurs.
… will increase the likelihood of voter fraud and threaten the integrity of the Electoral roll.
… that pre-poll voting should not open until the Monday 12 days before polling day, as opposed to the Monday 19 days before polling day … The Opposition members are concerned that allowing pre-poll voting for 19 days prior to Election Day takes the focus of polling day itself, which is where the overwhelming majority of votes should be cast.
…within the AEC to investigate and prepare briefs for the DPP to prosecute cases of fraudulent voting'.
That the current system of cleansing the electoral roll is maintained to ensure that elections are decided by an accurate record of eligible voters.
That current dates for the receipt of postal vote applications from overseas voters are maintained, that voters should not be disadvantaged by being given less time to receive ballot papers.
That electors wishing to cast a valid declaration vote must provide correct information about their address prior to the close of rolls, failure to do this will result in their vote not being included in the count.
… and calls on the Government to ensure that South Australian ticket voting or a similar system is not implemented at a federal level.
That the AEC retains the need for Election Day officials to sign a written contract acknowledging their important role and responsibilities.
Compiling, storing and using this information would be illegal if politicians had not exempted themselves from privacy laws in 2000, against the advice of the then federal privacy commissioner, Malcolm Crompton.
When the law was introduced in 2000, then federal privacy commissioner Malcolm Crompton opposed the exemption applying to political parties.
He said he did "not think that the proposed exemption for political organisations is appropriate … if we are to have a community that fully respects the principles of privacy and the political institutions that support them, then these institutions themselves must adopt the principles and practices they seek to require of others".
The Electoral Act provides that the Electoral Commission must provide every registered political party with a copy of the roll which includes sex, postal address, date of birth, salutation, most recent enrolment date, state or territory electoral district, local government area and whether recently enrolled.
Invasion of privacy? Absolutely. Are citizens asked for permission to have their information released to parties? Absolutely not. So, how can the parties get away with it?
Very simple answer - when the Privacy Bill was debated in the Parliament, Labor and Liberal voted to have it not apply to their access to the rolls
That this bill be now read a third time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Appropriation Bill (No. 3) 2012-2013 and the Appropriation Bill (No. 4) 2012-2013, allowing them to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
APPROPRIATION BILL (NO. 3) 2012-2013
APPROPRIATION BILL (NO. 4) 2012-2013
Purpose of the Bills
The bills request legislative authority for additional expenditure to be incurred in respect of 2012-2013.
Reasons for Urgency
Appropriations proposed in the bills provide additional funding for expenditure that is required to implement decisions and funding adjustments that involve further expenditure in 2012-2013, which have been agreed since the 2012-2013 Budget.
Passage of the bills before the last day of the 2013 Autumn sittings will ensure continuity of the Government’s programs and the Commonwealth’s ability to meet its obligations as they fall due. Should passage not be granted in the 2013 Autumn sittings, activities to be funded by the Bills may be deferred or significantly delayed.
Mark Furner has nothing to do with it—
There is no doubt the carbon tax is driving higher electricity prices for businesses across the state.
Rapidly escalating energy prices caused by the carbon tax and other green programs are taking their toll on Australian businesses.
The Senate divided. [12:42]
The Acting Deputy President—Senator Crossin
(3) Schedule 1, item 6, page 4 (line 25), omit "fourth", substitute "eleventh".
(4) Schedule 1, item 7, page 4 (line 27), omit "fourth", substitute "eleventh".
(9) Schedule 1, item 33, page 13 (line 16), omit "fourth", substitute "eleventh".
(10) Schedule 1, item 34, page 13 (line 18), omit "fourth", substitute "eleventh".
The committee divided. [12:58]
(The Acting Temporary Chairman—Senator Crossin)
(5) Schedule 1, items 8 to 23, page 4 (line 28) to page 6 (line 6).
(6) Schedule 1, item 27, page 9 (lines 14 to 15).
(8) Schedule 1, items 29 to 31, page 10 (lines 4 to 9).
(11) Schedule 1, items 35 to 48, page 13 (line 19) to page 14 (line 17).
(12) Schedule 1, item 51, page 14 (lines 23 to 24).
The committee divided. [13:24]
The Chairman—Senator Parry
(14) Schedule 1, page 15 (line 11), omit the heading.
(16) Schedule 1, item 54, page 16 (line 3), omit "and 53".
(15) Schedule 1, item 53, page 15 (lines 12 to 14), TO BE OPPOSED.
The committee divided. [13:59]
(The Chairman—Senator Parry)
… the possibility of reduced funding remains a significant concern, fuelled on occasion by the comments of publishers who dislike adverse adjudications or other Council decisions.
… … …
The Council’s almost total reliance on funding from publishers, and especially from a few major publishers, is widely criticised as a crucial detraction from its real and apparent independence.
Some items have been discussed with Coalition politicians, many of whom are in agreement with the principles against which the list has been developed.
Indeed, we had one period when The Australian newspaper did not like an adjudication we made and they withdrew from the Council for a period of months.
Was that a direct consequence of a particular adjudication?
It was indeed. They said that our adjudication was wrong, and they were not going to publish it, and they didn't.
That the Senate take note of the answers given by the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) to questions without notice asked by the Leader of the Opposition in the Senate (Senator Abetz) and Senator Birmingham today relating to proposed media legislation.
The Bills constitute bad law.
… … …
Some of the problems in the Bills include the fact that they apply retrospectively, key legal concepts remain undefined, long established legal principles have been trampled on and the Bills establishing the PIMA make it clear that the PIMA's decisions cannot be repealed. It is also clear that the PIMA may release confidential information to you and your successors with no explanation.
War is peace. Freedom is slavery.
Ignorance is strength.
That the Senate take note of the answer given by the Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) to a question without notice asked by Senator Milne today relating to the Tasmanian Forests Intergovernmental Agreement Contractors Voluntary Exit Grants Program.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to various bills, as set out in the list circulated in the chamber, allowing them to be considered during this period of sittings.
Australian Capital Territory (Self-Government) Amendment Bill 2013
Export Finance and Insurance Corporation Amendment (Finance) Bill 2013
Export Market Development Grants Amendment Bill 2013
Higher Education Support Amendment (Further Streamlining and Other Measures) Bill 2013
National Disability Insurance Scheme Bill 2013
Royal Commissions Amendment Bill 2013
Tax Laws Amendment (2012 Measures No. 6) Bill 2012.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
AUSTRALIAN CAPITAL TERRITORY (SELF GOVERNMENT) AMENDMENT BILL
Purpose of the Bill
The bill amends the Australian Capital Territory (Self Government) Act 1988 (the Act) to change the process by which the ACT Legislative Assembly (the Assembly) can alter the number of members of the Assembly. The proposal will extinguish the Commonwealth’s role in the process and legislate to provide the Assembly with the power to fulfil this function.
Reasons for Urgency
Passage of the bill in the 2013 Autumn sittings would allow the Assembly to make the necessary amendments to ACT legislation to facilitate a change in the size of the Assembly in the ACT’s Centenary year, 2013.
In his July 2011 report of the independent review of the National Capital Authority, Dr Allan Hawke commented that, ‘at a combined state and local government level, representation in the ACT is 1:14,285 compared to Tasmania at 1:1,110 and the Northern Territory at 1:685.’ The Australian Government agrees with the view of Dr Hawke and other constitutional experts that ACT citizens are significantly under represented today in comparison with the rest of Australia and that the year in which Canberra celebrates its Centenary is an appropriate time for this to be remedied.
To ensure that citizens of the ACT are not disadvantaged by their under representation and to ensure robust and accountable democratic processes in the ACT, including a high standard of parliamentary debate, a legislative program covering a range of complex issues and an active committee process, there is a compelling case for increasing the size of the Assembly as soon as practicable. The Assembly is a mature parliament and it is the view of the Australian Government that it is appropriate that it takes on the responsibility for both determining the number of members needed to ensure its efficient functioning and the mechanism with which the size of the Assembly is altered.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
EXPORT FINANCE AND INSURANCE CORPORATION AMENDMENT (FINANCE) BILL
Purpose of the Bill
Amendments to the Export Finance and Insurance Corporation Act 1991 (EFIC Act) are required to implement a 2012-13 Budget decision.
The EFIC Act will be amended to:
Reasons for Urgency
The 2012-13 Budget included a revenue measure requiring EFIC to pay a $200 million special dividend from excess capital reserves to the Government in 2012-13.
The bill needs to be introduced and passed in the 2013 Autumn sitting period to enable the EFIC Board to make the special dividend payment by 30 June 2013. A revenue gain of $200 million will not be realised in 2012-13 if the bill is not dealt with in the 2013 Autumn sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL
Purpose of the Bill
This bill delivers on a 2012-13 Mid-Year Economic and Fiscal Outlook (MYEFO) decision to strengthen the focus of the Export Market Development Grants (EMDG) scheme to East Asian, frontier and emerging markets. The bill will amend the EMDG Act to reduce the number of grants payable for marketing expenditure in the United States, Canada and the European Union to the applicant’s first five grants, and to extend the maximum number of grants payable to eight (up from seven) for all other markets.
This change brings the EMDG scheme more in line with Austrade’s broader trade priorities, including its new emphasis on frontier and emerging markets, and the Government’s Asian Century policy agenda.
The bill also seeks to change the way EMDG administrative expenditure is determined to bring this aspect of the program more in line with other grants based programs. The bill will transition from an administrative budget that is set in legislation as a proportion of overall EMDG program funding to one set through a Ministerial Determination.
Reasons for Urgency
Delaying passage of this bill would cause unnecessary uncertainty for small businesses which need time to plan for the new eligibility arrangements which become operational on 1 July 2013. Gaining passage in the Autumn sittings would give small businesses time to plan their 2013-14 marketing strategies and for Austrade to promote the new rules.
The MYEFO decision and associated policy changes in this Bill will support $25 million in savings per annum across the forward estimates, including in 2012-13.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
HIGHER EDUCATION SUPPORT AMENDMENT (FURTHER STREAMLINING AND OTHER MEASURES) BILL
Purpose of the Bill
The proposed amendments to the Higher Education Support Act 2003 will give effect to the second tranche of VET FEE-HELP redesign measures.
The amendments are in direct response to recommendations made in the Post Implementation Review of the VET FEE-HELP Assistance Scheme Final Report September 2011 and extensive stakeholder consultations. The proposed amendments give effect to a number of measures to enhance and strengthen the quality and accountability frameworks underpinning FEE-HELP and VET FEE-HELP. Specifically, the enhancements strengthen suspension, revocation and compliance actions to improve protection of students and public monies. The proposed amendments also provide for more efficient administrative arrangements for approved providers.
Reasons for Urgency
Introduction and passage of the amendments is necessary by April 2013 to allow implementation of the second tranche of VET FEE-HELP redesign measures. The staged implementation of the VET FEE-HELP redesign will commence from January 2013. The redesign measures incorporate Government commitments made under the 2012 National Partnership Agreement on Skills Reform and are consistent with the regulation impact statement (No. 13621). A delay in the amendments will impact on initiatives to improve provider and student participation in FEE-HELP and VET FEE-HELP.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
NATIONAL DISABILITY INSURANCE SCHEME BILL 2013
Purpose of the Bill
This Bill establishes the framework for the National Disability Insurance Scheme and the National Disability Insurance Scheme Launch Transition Agency (the Agency). This will enable the scheme to be launched, and the Agency to operate the launch, in five sites across Australia from July 2013.
The first stage of the scheme will benefit more than 20,000 people with disability, their families and their carers living in South Australia, Tasmania, the Australian Capital Territory, the Hunter in New South Wales, and the Barwon area of Victoria.
Reasons for Urgency
Passage of this Bill in the 2013 Autumn sittings is necessary for the scheme to be launched from mid-2013, as announced and now widely anticipated. This primary legislation needs to be enacted before important operational matters can be put into place through subordinate legislation well ahead of the launch date. These formal processes are necessary for key launch activities such as employing and training staff of the Agency, and finalising communications to stakeholders and groups representing potential participants and their families and carers.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN PARLIAMENTARY SITTINGS
ROYAL COMMISSIONS AMENDMENT BILL
Purpose of the Bill
The bill would amend the Royal Commissions Act 1902 to (i) allow for victims and witnesses seeking to participate in the Royal Commission into Institutional Responses to Child Sexual Abuse to present their account to a Commissioner, other than under oath or affirmation, of an incident of child sexual abuse and other related unlawful or improper treatment, (ii) permit a single member of a multi-member Commission to take evidence at a hearing, and (iii) to make some minor amendments.
Reasons for Urgency
On 11 January 2013, the Governor-General issued Letters Patent to appoint Commissioners and establish the Royal Commission into Institutional Responses to Child Sexual Abuse.
The Government is seeking to have the measures in the bill in place to assist the Commission to commence its public work. As the amendment proposals will be important to the conduct and management of the Royal Commission, these amendments should commence as soon as possible.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS
Tax Laws Amendment (2012 Measures No. 6) Bill 2012
Purpose of the Bill
The Bill:
Reasons for Urgency
The reasons for urgency:
That leave of absence be granted to:
(a) Senator Bob Carr from 18 March to 21 March 2013, on account of parliamentary business; and
(b) Senators Bilyk and Furner for today, for personal reasons.
That leave of absence be granted to Senator Boyce for today, for personal reasons.
That the time for the presentation of the report of the Community Affairs Legislation Committee on the provisions of the Family Assistance and Other Legislation Amendment Bill 2013 be extended to 19 March 2013.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Australian Sports Anti-Doping Authority Amendment Bill 2013, allowing it to be considered during this period of sittings.
That the Senate—
(a) notes that the Minister for Employment and Workplace Relations (Mr Shorten) addressed the Maritime Workers Union's militancy conference on 26 February 2013, celebrating 140 years of the militant struggle and bringing together some of the most successful and militant trade unions from around Australia and the world;
(b) notes the Fair Work Ombudsman's civil prosecution, in Fair Work Ombudsman v Maritime Union of Australia & Anor WAD136/2012 in the Federal Court of Australia, for breaches of the Fair Work Act 2009 by the Maritime Workers Union of Australia, namely circulating posters labelling workers as scabs;
(c) condemns comments by Maritime Workers Union Western Australian Secretary, Mr Cain, at the same conference who told delegates that laws had to be broken; and
(d) calls on all Australians to obey the laws of the Commonwealth and its states and territories.
That paragraph (17) of the resolution of appointment of the Joint Select Committee on Cyber Safety be amended to read as follows:
(17) That the committee may report from time to time but that it present its final report no later than 27 June 2013.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Government's ongoing attempts to limit a free press.
We asked for freedom of the press, thought and civil liberties in the past because we were in the opposition and needed these liberties to conquer. Now that we have conquered, there is no longer any need for such civil liberties.
The time, it is to be hoped, is gone by, when any defence would be necessary of the "liberty of the press" as one of the securities against corrupt or tyrannical government. No argument, we may suppose, can now be needed, against permitting a legislature or an executive … to prescribe opinions to [the people], and determine what doctrines or what arguments they shall be allowed to hear.
… independent of the government … accessible to everyone. People won't need to go to lawyers if they feel they have a complaint about newspapers.
This legislation represents a raft of regulations with very serious consequences for the free exchange of ideas …
… potentially limit basic human rights to freedom of expression.
The most recent and persuasive case study showing why there is an urgent need to reform regulation of the news media has been provided by the news media itself. And it's been provided in the way they have reported on the Independent Media Inquiry. What they have done is under-report a lot of what was presented to the Independent Media Inquiry late last year, and to either misreport the inquiry's findings or to ignore large parts of the report altogether.
Australian mass media is concentrated into the hands of a very small number of proprietors. For example, 11 of the 12 major newspapers in Australia are owned by Rupert Murdoch's News Corporation …
… Murdoch bestrides the Australian media landscape like a colossus— NewsCorp … also dominate the regional and suburban newspaper publishing industry, as well as owning a major slice of Foxtel.
That the Senate take note of the report.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The changes proposed in this bill, the Export Market Development Grants Amendment Bill 2013, deliver on the recent Mid-Year Economic and Fiscal Outlook (MYEFO) decision to concentrate the EMDG scheme more heavily on small businesses exporting to East Asian and frontier and emerging markets.
The MYEFO decision and associated policy changes in this bill will deliver annual savings of $25 million.
The changes will better help Australian exporters maximise the potential of the Asian century by increasing the number of grants available in East Asian and frontier and emerging markets from seven to eight. This offers Australian small and medium-sized exporters a slightly longer and more commercially realistic period to become established in these markets.
To offset the additional grant expenditure associated with an increased number of grants to East Asian and emerging and frontier markets, the number of grants to the United States, Canada, United Kingdom and the European Union, which is where the Australian brand is already well known and accepted and small businesses typically face less barriers to doing business, will be reduced from seven to five.
The increased focus of the EMDG scheme on emerging and frontier markets brings EMDG into closer alignment with Austrade's broader trade priorities following its review in 2011, and the government's Asian Century policy agenda.
The government is seeking to introduce this bill now to avoid creating considerable uncertainty for small businesses as they adjust to the new arrangements which become operational on 1 July 2013.
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the National Disability Insurance Scheme Bill 2012.
That this bill be now read a second time.
National Disability Insurance Scheme Bill 2012
Few actions in public life give me greater pleasure than introducing the National Disability Insurance Scheme Bill does today. The Scheme to be established by this Bill will transform the lives of people with disability, their families and carers. For the first time they will have their needs met in a way that truly supports them to live with choice and dignity. It will bring an end to the tragedy of services denied or delayed and instead offer people with disability the care and support they need over their lifetimes. This is a complex Bill, yet at its heart is a very simple moral insight:
• Disability can affect any of us and therefore it affects all of us.
To be born with or acquire a disability is to encounter one of those "shafts of fate" of which Ben Chifley spoke in his last great speech as Prime Minister. The existence of disability in our community cannot always be avoided. But the consequences of disability—isolation, poverty, loss of dignity, stress, hopelessness and fear of the future—can be. Every 30 minutes on average, someone in Australia is diagnosed with a significant disability. Only those of considerable wealth could possibly afford the costs of lifetime care that are required in response. Most Australians with disability cannot bear the burden alone, nor should they be left to. Yet in relying on public provision, they are forced to endure a level of care that is often shameful and generally insufficient.
It is a system that reacts to crisis. A system that metes out support rationed by arbitrary budget allocations, not real human needs. A system that I have rightly compared to a lottery – a cruel lottery where even the best outcome is far from satisfactory. So today our nation says enough. Our current system is inadequate and indefensible. It must be replaced.
Speaker, The risk of disability is universal, so our response must be universal. The only solution is therefore a nation-wide, demand-driven system of care tailored to the needs of each individual and established on a durable, long-term basis. That can only be accomplished through the united effort of the community through the positive action of government, supported by the Australian people through our public revenues. Therefore, this Bill will inscribe in our laws a substantial and enduring reform that will fundamentally change the nature of disability care and support in this nation:
• the National Disability Insurance Scheme.
The Scheme is ambitious, and necessarily so. Because more than 400,000 people are living with significant and permanent disabilities. Because carers are required to stretch the bonds of obligation and kinship past breaking point. Because the nation is being robbed of the human and economic potential of people living with disability and the contribution they can make to our shared future. Because while the promise of fairness and equality that lies at the core of our national ethos is denied to some Australians, we are all diminished. The need for this Bill is urgent, and the wait has been long. My distinguished predecessor Gough Whitlam sought to introduce a national compensation scheme 40 years ago. Today, a new generation – no less idealistic – seeks to perfect and complete the work. So I am proud to present this Bill to the House today.
Speaker, This Bill has two principal purposes:
• To establish the framework of the National Disability Insurance Scheme.
• And to establish the National Disability Insurance Scheme Launch Transition Agency, to operate the first stage of the scheme in five locations around the nation starting from July 2013.
The Bill reflects the extensive work on design, funding and governance undertaken with states and territories and with people with disability, their families and carers, and with key stakeholders. This Bill will be subject to scrutiny, to further work, too. The Government intends to refer this Bill to a Senate Committee to allow consideration in detail. And we will continue to work with the States and Territories, with people with disability, their families, carers and advocates. We will also undertake public consultation on the legislative instruments that will be developed in conjunction with this Bill. Any comments received through NDIS consultation processes will be considered. It is our intention to bring a final version of the Bill for a vote in the Budget session of Parliament next year ahead of the start of the first stage of the NDIS from July 2013.
Speaker, This National Disability Insurance Scheme represents a transformational approach to the provision of disability services in this country. Rather than attempt to patch and mend the existing system through further incremental change, we will build a new system from the ground up. The current funding model based on historical budget allocations will be replaced by an insurance approach, based on actuarial analysis of need and future costs. The scheme will respond to each individual's goals and aspirations for their lifetime, affording certainty and peace of mind for people with disability and their carers alike.
The Agency will work with people to plan, and to take account of their individual circumstances and needs. The Scheme will give people the care and support that is objectively assessed as being reasonable and necessary over the course of their lifetime. It will give people real choice and control over these supports, including the ability to manage their own funding, if they wish. It will offer early intervention therapies and supports, where it will improve a person's functioning, or slow or prevent the progression of their disability over their lifetime. The scheme will move away from the crisis model, where families only receive support if they are unable to continue in their caring role and there are no other options. Instead, it will work with families before they reach crisis to make sure that the valuable informal care they provide is sustainable. The scheme will also aim to foster innovative services that are delivered and coordinated by local people. This Bill also clearly states the rights of people with disability within the scheme, and will give effect in part to our obligations under the Convention on the Rights of People with Disability.
Speaker, I turn now to the detail of the Bill. Chapter 1 of the Bill outlines the objects and general principles underpinning the legislation. The legislation aims to support the independence and social and economic participation of people with disability. It clearly recognises the right of people with disability to exercise choice and control over the planning and delivery of their supports. The legislation is designed to ensure that people with disability can access reasonable and necessary supports, that there is an assurance of support over a person's lifetime, and that the scheme remains sustainable over the long term. It will facilitate the development of a national approach in access to, and planning and funding of, supports to people with disability, and will promote innovation and quality in the provision of those supports. The legislation also provides a foundation for all governments to work together to implement the launch of the NDIS.
Chapter 2 of the Bill sets out a broad role for the National Disability Insurance Scheme Launch Transition Agency to provide general supports to people with disability and their families. As part of this role, the Agency may provide funding to individuals and organisations to help people with disability participate in economic and social life. Chapter 3 of the Bill then sets out the process for how to become a participant in the scheme, and how to develop a personal, goal-based plan with the Agency and receive individualised supports. A person may make an access request to the Agency to become a participant, and the CEO of the Agency must determine whether they meet the access criteria. To meet the access criteria, individuals must meet age and residence requirements relating to the five announced launch sites. Each prospective participant will also need to meet either the disability requirements or the early intervention requirements for assistance.
The disability requirements assess whether a prospective participant has a current need for support under the scheme, based on one or more permanent impairments affecting their ongoing daily living and social and economic participation. The legislation also sets out early intervention requirements, which allow support to be provided to help minimise the impact of a disability from its earliest appearance or prevent a deterioration in function over a person's lifetime. Additional matters may be specified through a legislative instrument as we learn more about the real-world situations of the people who need this support. A participant's plan will include a statement of participant supports, prepared with the participant and approved by the CEO of the Agency. This will specify, among other matters, the reasonable and necessary supports that will be funded by the scheme. The concept of reasonable and necessary supports will determine the scope of what the scheme provides. It means the scheme will provide a participant with what is necessary to achieve their goals and aspirations and take part in the community, in keeping with what it is reasonable to expect a scheme to provide. The legislation reflects community consultation on the factors to be considered in determining what are reasonable and necessary supports, including:
• whether the support will assist the participant to pursue their goals, objectives and aspirations,
• whether the support represents value for money, and
• whether the provision of the supports takes account of what it is reasonable to expect families, carers, informal networks and the community to provide.
The legislation is designed to allow participants and their families to choose how their funding for supports under a plan is managed. It also sets out how a participant's plan may be reviewed over time to take into account of the participant's changing circumstances Chapter 4 of the Bill sets out the structure for the NDIS, including comprehensive rules to protect personal information and rights to review of decisions. It also sets out the process by which a nominee can be appointed to make decisions on behalf of a participant, while ensuring that the rights of participants are maintained and that nominees must consider the participant's wishes. Chapter 5 of the Bill addresses the interaction between the scheme and other compensatory schemes and common law actions for people with disability, such as those arising from motor vehicle or workplace accidents.
The provision of support and assistance under the scheme is not intended to replace existing entitlements to compensation. Accordingly, the legislation enables the CEO of the Agency to require a person to take reasonable action to claim or obtain compensation in circumstances where the CEO is satisfied that the participant has reasonable prospects of success and where taking that action would not cause an unreasonable burden to the person with disability. The costs of supports paid under the scheme before a compensation claim is settled or before a court judgement may also be recovered. Chapter 6 of the Bill establishes the National Disability Insurance Scheme Launch Transition Agency. In addition to delivering the Scheme, the Agency will perform a range of other functions.
These include managing the financial sustainability of the scheme, building community awareness about disability and undertaking research about disability. In accordance with the Productivity Commission recommendation, the legislation establishes the Agency as a body under the Commonwealth Authorities and Companies Act 1997. This was recommended in order to give the Agency a high degree of autonomy and legitimacy, placing it beyond the vagaries of politics, electoral and budget cycles. The Agency will be overseen by a Board made up of people with extensive experience in the provision or use of disability services, and in financial management, governance and the operation of insurance schemes. There will also be an Advisory Council comprising people with lived experience of disability and caring and other relevant experience. This will ensure that the Board maintains ongoing connection with the interests and lived experience of people with disability, their families and carers. To ensure the Agency is accountable to government, a Ministerial Council will be established through the Council of Australian Governments.
All governments—state, territory and Commonwealth—will be represented on the Ministerial Council. Finally, there is specific provision for an independent review of the new Act after two years of operation. The purpose of this review will be to consider how the Act has operated during launch, and to inform all governments on whether changes to the legislation are needed as we move to a national scheme. These are the main provisions of this Bill which, when translated from dry legal words into action, will change the lives of thousands of Australians – lastingly and for the better.
Speaker, In bringing this Bill before the Parliament, I acknowledge a deep debt of gratitude to some remarkable individuals and organisations whose persistence and belief have made this Scheme possible. I take this opportunity, publicly, to thank the Productivity Commission, Commissioners Patricia Scott and Associate Commissioner John Walsh, for their thorough and compelling analysis that has been critical to the shape of the NDIS. I also pay tribute to a remarkable story of advocacy, led by Bruce Bonyhady and Rhonda Galbally, the National Disability & Carer Alliance, the National People with Disability & Carer Council, and friends, activists and advocates in communities right across the country.
Lastly I thank my Ministerial colleagues: Jenny Macklin for her public policy genius in realising our vision for change. Bill Shorten for his passion for this cause as Parliamentary Secretary and his ongoing support. Jan McLucas for her patient, caring and accessible approach in dealing with all who need to be heard. And to all our colleagues in the Ministry, the parliament and the public sector who are working so hard to make the NDIS a reality. From our different sectors and backgrounds, we have united around a single idea. A compelling idea. An idea whose time has come. For four years, this idea has grown from seed. Over the past year, we have built the foundations. Now this legislation will make the Scheme real. The National Disability Insurance Scheme is the greatest change to Australian social policy in a generation. And a mark of how deeply the conscience of our nation has been touched.
The NDIS will stand alongside the minimum wage, the age pension, Medicare and universal superannuation as one of the great Labor pillars of social justice and opportunity for all Australians. It will change our society in profound and lasting ways, enabling those who live with disability to fulfil their potential as valued and valuable members of our society. I count it as a privilege to introduce this legislation today. I commend the Bill to the House and to all those who have waited so long and worked so hard for this moment.
That the bill be now read a third time.
That these bills be now read a third time.
That intervening business be postponed till after consideration of the government business order of the day relating to the National Disability Insurance Scheme Bill 2013.
The Coalition is so committed to the National Disability Insurance Scheme, for instance, that we’ve offered to co-chair a bi-partisan parliamentary committee so that support for it doesn’t flag across the three terms of parliament and among the nine different governments needed to make it work.
I will be 50 this year. For five decades I have been subjected to every theory and fashion in disability, from the medical model of institutionalisation and segregation to hostel living, day centres, special schools, imposed independence training, normalisations, $1 an hour sheltered workshops and the corporatisation of support and risk aversions. They are five decades with one overarching theme: powerlessness.
I think that flexibility cannot be understated. There is a diversity of people with disability and many different types of support needed by people with different needs and different circumstances. What may be seen as protection in legislation could actually end up limiting choice, control and actually the potential for growth for many people with disability …
I think the legislation has an opportunity to show people with disability as active participants and decision makers at all levels.
… capacity-building support for people with disabilities to self-direct their plans and service, and to self-manage their funding. This is actually the biggest change for most people and the opportunity to break free from being a passive recipient.
I understand that the task of writing the legislation and rules is a complex one—way beyond my capabilities. However, I remind you that what people with disability need is simple: they need power; they need control; and they need independent advocacy in their lives.
I think that there is often a concern that we need to make sure that bad things do not happen, but the real world is what it is … We do not want to live in a world that is made up of hundreds of thousands of rules that prevent us from taking any risks. Sometimes risk leads to good outcomes and sometimes it leads to bad things happening—but we feel that the benefits definitely outweigh the risks.
I have been waiting for an NDIS to happen for many years. Although what is proposed is not perfect, it is a start and all journeys start with a first step.
I am living proof that if you invest in people with disability, that investment pays off.
...at the end of the day the money has to come from somewhere and there is only one pot of money and that is the hard earned taxpayer's money.
The NDIS is an idea whose time has come.
The Coalition is so committed to the National Disability Insurance Scheme, for instance, that we've offered to co-chair a bi-partisan parliamentary committee so that support for it doesn't flag across the three terms of parliament and among the nine different governments needed to make it work.
The NDIS is an economically responsible proposal, providing an investment in people with a disability and in the future of Australia. It pays for itself.
Volunteers proudly and willingly sacrifice their time away from work but time translates into cost; and distances cost the volunteers much time away from paid work.
Ironically though, the final nail in the industry’s coffin could come from the valuable carbon credits that could be generated by not harvesting native forests. While it has been spoken about for decades, the day has come where native forests are more valuable standing up than chopped down.
a man of character, a leader of business, respected by governments, a servant of his community and honoured by the nation.