Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (11:49): The question now is that the remaining government amendments be agreed to. Government's circulate d amendments— SHEET SK120 (1) Schedule 1, item 4, page 3 (after line 21), before the definition of flexible funding, insert: Disability Minister for a host jurisdiction means the Minister of the host jurisdiction who is a member of the Ministerial Council. First Minister for a host jurisdiction means: (a) if the host jurisdiction is a State—the Premier of the State; or (b) if the host jurisdiction is a Territory—the Chief Minister of the Territory. (2) Schedule 1, item 36, page 16 (lines 7 to 15), omit subsection 32B(1), substitute: (1) The National Disability Insurance Scheme rules may specify: (a) classes of participants that are to have new framework plans; and (b) for each class so specified—the period within which the CEO must give notice under subsection (2) to participants in the class. (3) Schedule 1, item 36, page 16 (line 16), omit "determined under", substitute "specified for the purposes of". (4) Schedule 1, item 36, page 16 (line 24), omit "(1)". (5) Schedule 1, item 36, page 17 (lines 2 and 3), omit "determined under subsection (2) of this section", substitute "specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph". (6) Schedule 1, item 36, page 17 (lines 6 to 10), omit subsection 32C(2). (7) Schedule 1, item 36, page 26 (lines 10 and 11), omit "method determined under subsection (2)", substitute "applicable method specified in the National Disability Insurance Scheme rules for the purposes of this subsection". (8) Schedule 1, item 36, page 26 (lines 16 to 25), omit subsections 32K(2) and (3), substitute: Note: In making National Disability Insurance Scheme rules for the purposes of this subsection, the Minister must have regard to the objects and principles of this Act (see in particular the principles set out in subsections 4(5), (9A) and (11)) and the financial sustainability of the National Disability Insurance Scheme: see subsection 209(3). (9) Schedule 1, item 36, page 26 (line 26), omit "subsection (2), a determination under", substitute "subsection (1), National Disability Insurance Scheme rules made for the purposes of". (10) Schedule 1, item 36, page 27 (line 7), omit ", a determination under subsection (2)", substitute "or subsection 209(1A) of this Act, National Disability Insurance Scheme rules made for the purposes of subsection (1)". (11) Schedule 1, item 36, page 27 (lines 12 to 16), omit subsection 32K(6). (12) Schedule 1, item 36, page 27 (lines 24 and 25), omit ", determined under subsection (8)", substitute "(including requirements for the purpose of assessing whether a participant's disability support needs arise from impairments in relation to which the participant meets the disability requirements or the early intervention requirements), specified in the National Disability Insurance Scheme rules for the purposes of this subsection". (14) Schedule 1, item 36, page 29 (line 12), omit the heading to subsection 32L(8), substitute: National Disability Insurance Scheme rules (15) Schedule 1, item 36, page 29 (lines 13 to 25), omit subsection 32L(8). (16) Schedule 1, item 36, page 29 (line 26), omit "A determination made under subsection (8)", substitute "Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 or subsection 209(1A) of this Act, National Disability Insurance Scheme rules made for the purposes of this section". (17) Schedule 1, item 36, page 29 (line 28) to page 30 (line 2), omit subsections 32L(10) and (11), substitute: Note: In making National Disability Insurance Scheme rules for the purposes of this section, the Minister must have regard to the objects and principles of this Act (see in particular the principles set out in subsections 4(5), (9A) and (11)) and the financial sustainability of the National Disability Insurance Scheme: see subsection 209(3). (18) Schedule 1, item 36, page 30 (lines 7 and 8), omit "subsection 32C(1)", substitute "section 32C". (19) Schedule 1, item 116, page 56 (after line 29), after paragraph (cb), insert: (cba) subsection 32B(1); (cbb) subparagraph 32C(c)(ii); (20) Schedule 1, item 116, page 57 (after line 3), after paragraph (ch), insert: (cha) subsection 32K(1); (21) Schedule 1, item 116, page 57 (line 4), omit "subsection 32L(7A)", substitute "subsections 32L(2), (6) and (7A)". (23) Schedule 1, item 128, page 60 (line 10), omit ", 32B(2) and 32C(1)", substitute "and 32B(2), and section 32C,". _____ SHEET PA112 FURTHER REVISED (1) Schedule 1, page 4 (after line 7), after item 4, insert: 4A Section 9 (definition of host jurisdiction Minister) Repeal the definition, substitute: host jurisdiction Minister for a host jurisdiction means a Minister of the host jurisdiction who is: (a) a member of the Ministerial Council; or (b) if the host jurisdiction is a State—the Premier of the State; or (c) if the host jurisdiction is a Territory—the Chief Minister of the Territory. (2) Schedule 1, item 30, page 11 (after line 16), after subsection 30(3), insert: (3AA) A request under subsection (3) must be made in writing. Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901. (3) Schedule 1, item 30, page 12 (after line 8), after subsection 30(6), insert: (6A) In deciding for the purposes of subsection (6) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the decision whether or not to revoke the participant's status as a participant; (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. (4) Schedule 1, item 31, page 13 (after line 24), after subsection 30A(5), insert: (5AA) A request under subsection (5) must be made in writing. Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901. (5) Schedule 1, item 31, page 14 (after line 15), after subsection 30A(7), insert: (7A) In deciding for the purposes of subsection (7) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the making of the decision under subsection (1); (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. (6) Schedule 1, item 36, page 26 (lines 9 and 10), omit "relating to the participant's need for NDIS supports", substitute ", in so far as the report relates to the participant's need for NDIS supports arising from impairments in relation to which the participant meets the disability requirements or the early intervention requirements,". (7) Schedule 1, item 36, page 26 (after line 25), after subsection 32K(3), insert: (3A) The Minister must also be satisfied that those rules adequately take account of the variety of factors that may affect a participant's need for NDIS supports. Note: Examples of those factors include environmental factors, and a participant's need for NDIS supports arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements being impacted by another impairment in relation to which the participant does not meet either of those requirements. (8) Schedule 1, item 36, page 27 (lines 19 and 20), omit "need for supports", substitute "disability support needs". (9) Schedule 1, item 36, page 27 (lines 26 to 29), omit subsection 32L(3). (10) Schedule 1, item 36, page 28 (lines 6 and 7), omit subsection 32L(6), substitute: (6) The report must: (a) identify the participant's disability support needs arising from impairments in relation to which the participant meets the disability requirements or the early intervention requirements; and (b) include any information, and meet any requirements, specified in the National Disability Insurance Scheme rules for the purposes of this paragraph. Note 1: The time at which the disability requirements or the early intervention requirements need to be met for the purposes of this section is the time the assessment is completed. Note 2: A participant's disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by a variety of factors, including environmental factors or the impact of another impairment in relation to which the participant does not meet either of those requirements. (11) Schedule 1, page 35 (after line 13), after item 47, insert: 47A At the end of subsection 34(1) Add: Note: For the purposes of paragraph (aa): (a) the time at which the disability requirements or the early intervention requirements need to be met is the time the CEO decides to approve the statement of participant supports; and (b) a participant's disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by a variety of factors, including environmental factors or the impact of another impairment in relation to which the participant does not meet either of those requirements. (12) Schedule 1, page 36 (after line 15), after item 53, insert: 53A After subsection 36(2) Insert: (2A) A request under subsection (2) must be made in writing. Note: A request may be rescinded or varied under subsection 33(3) of the Acts Interpretation Act 1901. (13) Schedule 1, item 54, page 36 (after line 32), after subsection 36(3), insert: (3A) In deciding for the purposes of subparagraph (3)(b)(ii) whether or not it was reasonable for a participant or other person not to have complied with a request within a particular period, the CEO must have regard to the following matters: (a) the length of that period; (b) any previous failures by the participant to comply with a request for information made under this Act; (c) any previous failures by the other person to comply with a request for information made under this Act in relation to the participant; (d) the length of time since the CEO was last provided with information relevant to the purpose mentioned in paragraph (1)(a), (b) or (c) for which the request was made; (e) whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person; (f) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; (g) any other matters the CEO considers relevant. (14) Schedule 1, item 116, page 56 (after line 28), after paragraph (ca), insert: (caa) paragraph 30(6A)(f); (15) Schedule 1, item 116, page 56 (line 29), omit "paragraph (9)(a)", substitute "paragraphs 30A(7A)(f) and (9)(a)". (16) Schedule 1, item 117, page 57 (lines 5 to 10), omit the item, substitute: 117 Subsection 209(8) (table item 1, column headed "Description", paragraph (ea)) Repeal the paragraph, substitute: (ea) paragraph 36(3A)(f); (eaa) subsection 41(3); (eab) paragraph 43(2C)(c) and subsection 43(2D); (eac) subparagraph 44(1)(b)(ii) and subsections 44(3), (4) and (5); (17) Schedule 1, Part 1, page 57 (after line 30), at the end of the Part, add: 122D At the end of Part 5 of Chapter 7 Add: 211 Information about consultation to be included in explanatory statements (1) A description of the nature of consultation undertaken in relation to a legislative instrument made under this Act that is required by paragraph 15J(2)(d) of the Legislation Act 2003 to be contained in an explanatory statement for the instrument must: (a) describe the nature of the consultation; and (b) describe in general terms the persons, bodies or organisations who were consulted; and (c) contain a summary of the views expressed by those persons, bodies or organisations. Note: For this purpose consultation includes, but is not limited to, consultation undertaken for the purposes of section 209 of this Act. See also sections 17 and 19 of the Legislation Act 2003. (2) The description must not identify a person, body or organisation, or reveal the views of a person, body or organisation, except with the agreement of the person, body or organisation. _____ SHEET SK118 REVISED (1) Schedule 1, item 14, page 7 (after line 21), at the end of section 10, add: (6) The CEO may determine, in writing, that a support is taken to not be declared under subsection (4) in relation to a participant if: (a) the support is prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and (b) the support would, apart from subsection (4), be an NDIS support for the participant; and (c) the participant applies to the CEO in accordance with subsection (7) for the determination; and (d) the CEO is satisfied that: (i) the support would replace one or more other supports that are NDIS supports for the participant; and (ii) the cost of the support is the same or lower than the total of the costs of the supports it would replace; and (iii) the support would provide the same or a better outcome for the participant than the supports it would replace; and (iv) any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph are met in relation to the support, the participant, or both. Note 1: A determination may be revoked under subsection 33(3) of the Acts Interpretation Act 1901. Note 2: The National Disability Insurance Scheme rules may prescribe a support for the purposes of paragraph (a) by identifying a class of supports (see subsection 13(3) of the Legislation Act 2003). (7) An application under paragraph (6)(c) must: (a) be in the form (if any) approved by the CEO; and (b) include any information, and be accompanied by any documents, required by the CEO; and (c) be made in accordance with any other requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph, which may include requirements as to the circumstances in which an application may, or may not, be made. (8) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of subsection (6), including by prescribing requirements with which the CEO must comply, methods or criteria that the CEO is to apply, or matters that the CEO may, must or must not take into account, in deciding whether to make a determination under that subsection. (5) Schedule 1, page 54 (after line 24), after item 100, insert: 100A Subsection 99(1) (after table item 3) Insert: 3A a decision to vary, or not to vary, a notice given under subsection 32BA(1) subsection 32BA(5) CEO (7) Schedule 1, page 56 (after line 13), after item 112, insert: 112A Paragraphs 195(a) and (b) Repeal the paragraphs, substitute: (a) the debt did not result wholly or partly from the debtor or another person knowingly: (i) making a false or misleading statement or representation; or (ii) failing or omitting to comply with this Act, the regulations or the National Disability Insurance Scheme rules; and (b) there are special circumstances (other than financial hardship alone) that the CEO is satisfied make waiver appropriate; and (8) Schedule 1, item 115, page 56 (line 24), after "(4)", insert ", paragraph 10(6)(a), subparagraph 10(6)(d)(iv), paragraph 10(7)(c) and subsection 10(8)". (10) Schedule 1, item 122, page 57 (after line 30), after paragraph (aa), insert: (ab) paragraph 32BA(1)(b), subparagraph 32BA(5)(a)(ii) and paragraphs 32BA(5)(c) and (6)(c); (12) Schedule 1, page 62 (after line 10), after item 132, insert: 132A Claims (1) Section 45A of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to payments made on or after that commencement, subject to subitem (2). (2) Without limiting subsection 45A(5) of that Act, a claim in respect of a support provided to a participant before the commencement of this Schedule is taken to be made in accordance with that subsection if the claim is made in accordance with subsection 45A(3) of that Act before the end of 12 months starting on that commencement. (13) Schedule 1, page 63 (before line 28), before item 138, insert: 137B Waiver in special circumstances Section 195 of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to: (a) debts that arise on or after that commencement; and (b) debts that arose before that commencement and are outstanding at that commencement. Question agreed to. The PRESIDENT: The question now is that Senator Thorpe's circulated amendments on sheets 2838 and 2839 revised to opposition amendments (1), (5) and (6) on sheet 2651 be agreed to. Senator Thorpe's circulated amendments— SHEET 2838 (1) Amendment (1), item 63, subparagraph 43(2AA)(a)(i), omit "2 years", substitute "5 years". (2) Amendment (1), item 63, subparagraph 43(2AA)(b)(i), omit "2 years", substitute "5 years". (3) Amendment (5), item 67A, subparagraph 44(1)(aa)(i), omit "2 years", substitute "5 years". (4) Amendment (6), item 69A, subparagraph 44(2A)(aa)(i), omit "2 years", substitute "5 years". _____ SHEET 2839 revised (1) Amendment (1), item 63, subparagraph 43(2AA), omit "must", substitute "may".