House debates

Monday, 23 August 2021

Bills

National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021; Second Reading

5:06 pm

Photo of Anne WebsterAnne Webster (Mallee, National Party) Share this | Hansard source

[by video link] It's a pleasure to join you virtually to speak on the National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021, to strengthen support and protections for people living with a disability. The NDIS amendment bill 2021 will provide an effective basis for the NDIS commissioner's powers to enforce provider registration provisions and efficient information sharing across government and its agencies.

The bill responds to a number of recommendations of the independent review—otherwise known as the Robertson review—about the adequacy and regulation of support and services provided to Ms Ann-Marie Smith, who was an NDIS participant, who tragically died on 6 April 2020. It also makes a number of technical amendments to better support the operations of the NDIS commission based on early experiences. It provides for improved information sharing between the NDIS commission and the National Disability Insurance Agency to better protect people with a disability.

Clauses in the NDIS Act establish a relatively high threshold for sharing information. This would mean that a disclosure must be necessary to prevent or lessen a serious threat to an individual's life, health and safety. This bill removes qualifiers like 'serious' or 'necessary' to ensure that any threat to life, health and safety is sufficient grounds for the recording, use or disclosure of protected NDIS commission information. It also amends provisions for disclosing information in a number of other specific situations, such as requiring the NDIS commission to disclose information to worker screening units and other agencies as required and requiring the NDIS commission to publish and maintain information about historical compliance and enforcement action. Furthermore, the bill also provides for greater clarity around reportable incidents, including broadening the scope of the reporting to the NDIS commission. Amendments within the bill ensure consistency and procedural fairness in the application of the NDIS commission's regulatory responses.

The NDIS market is diverse, including non-profit organisations, large private companies and individuals running their own businesses. The NDIS Act recognises this by placing obligations on providers, workers and anyone who is engaged by an NDIS provider. However, there is some concern that this definition is not broad enough to cover the range of potential governance arrangements. For clarity, this bill ensures that obligations and regulatory responses also fall on the key personnel of a provider, which can include the CEO, the board of directors and any other relevant personnel.

While the NDIS Act gives the commissioner the power to ban an NDIS provider or worker on the grounds that they are not suitable to deliver NDIS services and supports, it does not presently set out how suitability is determined for banning orders. This bill provides the power for the commissioner to make rules in relation to suitability for that purpose, aligning with existing provisions in relation to provider registration. This bill also clarifies elements of the process that providers must follow when registering to deliver NDIS services and supports. This includes that applicants are able to withdraw applications and applications for renewal of registration are deemed to have been withdrawn if the registered provider in question becomes the subject of a revocation or banning order during the renewal process.

The NDIS is a world-first scheme. Recent data has shown that the program is growing at a record rate. It is an extraordinary achievement for the NDIS to now be supporting 466,000 Australians. Almost a quarter of a million people are receiving support for the very first time, while 35 per cent of participants who received plans are children aged between zero and six years. There has been a 14 per cent increase in the number of young adults reporting that the NDIS has helped with their daily living activities and a 12 per cent increase in the number of participants reporting that the NDIS has helped improve their health and wellbeing. These statistics reflect why it is so important that our government continues to support the NDIS through positive changes, such as those contained in this bill.

These positive changes will support organisations in my electorate of Mallee, including Sunraysia Residential Services. SRS have been in operation for 43 years and provide residential and wrap-around support for people who live with a disability. SRS focus on person-centred support and are embedded with creative ideas that assist people with disabilities to reach their desired goals. SRS have built several independent living units for their clients and have leverage to build more in the future. They also have commercial enterprises such as the Benetook chook farm, which produces eggs to sell to local businesses around the district. At the end of last year, I had the pleasure of attending the grand opening of their new general store at the farm, and they have recently installed a jumping pillow. The farm and general store have provided a place for SRS participants to learn new skills and socialise with friends. It's also a place to connect those who have need of support with the wider community. Next on the list of new attractions to open on the farm is the Mildura historical cafe and a pottery shed.

Locals speak to me about the need for more specialised disability accommodation, or SDAs, in the Sunraysia region. SRS is one of the only providers of SDA in the region, meaning demand on their services is through the roof. Recent reforms to SDA are aimed at improving and strengthening the market—the latest being the release of improved SDA data. This supports participants and providers to understand the current SDA supply, where the demand for SDA is greatest and where there are opportunities to increase accommodation support. To ensure the SDA marketplace is competitive within the housing market, the NDIS adopts a market stewardship role, which includes monitoring, evaluation, oversight and, where necessary, intervention. In regional Australia, workforce remains a key challenge to so many of our key sectors, including health, agriculture and manufacturing. Unfortunately, the story is much the same for the care and support sector in Mallee.

We know that, across the country, an additional 83,000 workers will be required to support around 530,000 NDIS participants in the next four years, bringing the total workforce to 353,000. The care and support sector is one of Australia's largest and fastest growing sectors, driven primarily by the rollout of the NDIS. That's why it's so important that our government has launched a national plan to build a more responsive and capable NDIS workforce. This plan will enable workforce growth in the NDIS and support complementary workforce measures in aged care and support services for veterans. It will support the sector to attract a wide range of workers, while improving existing workers' access to training and development opportunities. Under this plan, Commonwealth, state and territory governments will work in partnership with workers, NDIS participants, industry, education and employment providers to retain and grow the required skilled workforce. It builds on the $64.3 million NDIS Jobs and Market Fund, which already has projects in the field which are growing the provider market and workforce.

I have been speaking with participants and providers across my electorate, gaining an appreciation for the operation of the scheme and how it is benefitting regional Australians. I understand that the NDIS has been transformative for many people living with a disability in my electorate and I'm thankful that these people will now be able to purchase additional disability related health supports. The NDIS is working for many thousands of people across the country and these reforms will deliver outstanding benefits for many people. There are still challenges in the scheme that we have a duty to resolve, and I'm committed to working with the people of my electorate of Mallee to hear their stories, suggestions and feedback and help in any way I can.

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