McKim, Sen Nick

Senator McKIM (Tasmania—Australian Greens Whip) (11:53): In order to facilitate the Australian Greens voting differently on some of these matters, could I please ask that the question be put separately in regard to sheets 2652 and 2653? The PRESIDENT: And you're happy for me to move those together? Senator McKIM: Yes, I am, President. The PRESIDENT: We will deal with those two first. The question is that the opposition's amendments on sheets 2652 and 2653 be agreed to. Opposition's c irculated amendments— SHEET 2652 (1) Schedule 1, page 55 (after line 20), after item 107, insert: 107A At the end of subsection 174(1) Add: ; and (c) publish a copy of the report on a website maintained by the Agency within 45 days after the end of the period to which the report relates. 107B After section 175 Insert: 175A Monthly summary of statistics (1) The Agency must, before the end of the 15th day after the end of a calendar month of a year, prepare and publish a statement of: (a) the following statistics for the calendar month of the year: (i) the total amount of paid supports for participants in the calendar month; (ii) the total number of participants in the National Disability Insurance Scheme as at the last day of the calendar month; (iii) the average annualised payment per participant for the period of 12 months ending at the end of the calendar month, including any participants who had an initial plan approved during that 12-month period; (iv) the average annualised payment per participant for the period of 12 months ending at the end of the calendar month, excluding any participants who had an initial plan approved during that 12-month period; and (b) the following statistics for the same calendar month (the relevant month) of the previous year: (i) the total amount of paid supports for participants in the relevant month; (ii) the total number of participants in the National Disability Insurance Scheme as at the last day of the relevant month; (iii) the average annualised payment per participant for the period of 12 months ending at the end of the relevant month, including any participants who had an initial plan approved during that 12-month period. (2) The statement must be published on a website maintained by the Agency. (3) If the 15th day after the end of a calendar month is not a business day, the statement may be published on the next business day. (4) The total amount of paid supports for participants in a calendar month includes cash payments, in-kind payments and an allowance for supports provided but not yet paid. (5) This section applies in relation to calendar months starting on or after the commencement of this section. _____ SHEET 2653 (1) Page 2 (after line 27), after clause 4, insert: 5 New NDIS rules and legislative instruments (1) The Minister must, within 5 days after the commencement of this Act, prepare and publish a statement of the proposed timeframes for: (a) seeking the agreement of the States and Territories to make the following: (i) new category A rules; (ii) new category C rules; and (b) undertaking consultation with the States and Territories on the following: (i) new category D rules; (ii) new legislative instruments; (iii) transitional rules; and (c) undertaking consultation with the disability community on the following: (i) new category A rules; (ii) new category C rules; (iii) new category D rules; (iv) new legislative instruments; (v) transitional rules. (2) The Minister must prepare and publish an updated statement of the proposed timeframes as soon as practicable after a change in the proposed timeframes. (3) A statement prepared under subsection (1) or (2) must be published on a website maintained by the Department administered by the Minister. (4) In this section: new category A rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) subsections 10(1) and (4); (b) section 27; (c) subsection 29(3); (d) paragraph 30(6A)(f); (e) subsections 30A(1) and (2) and paragraphs 30A(7A)(f) and (9)(a); (f) subparagraph 32D(6)(b)(ii), paragraph 32D(6)(f) and subsection 32D(8); (g) subsection 32E(4); (h) paragraph 32F(7)(c); (i) subsection 32G(4); (j) paragraph 32H(2)(d); (k) section 32J; (l) subsection 32L(7A); (m) paragraph 36(3A)(f); (n) subsection 41(3); (o) paragraph 43(2C)(c) and subsection 43(2D); (p) subparagraph 44(1)(b)(ii) and subsections 44(3), (4) and (5); (q) subparagraph 47A(1AB)(j)(iii) and paragraph 47A(2A)(f); (r) paragraph 74(3C)(c), subparagraph 74(4)(b)(ii) and subsection 74(6). new category C rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of either of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) paragraph 32(4)(b); (b) paragraph 32D(4)(a). new category D rules means rules proposed to be made under section 209 of the National Disability Insurance Scheme Act 2013 for the purposes of any of the following provisions of that Act (as in force immediately after the commencement of this Act): (a) subsection 32B(3); (b) paragraph 45(5)(e); (c) subsections 73U(4A) and (9A). new legislative instruments means a legislative instrument proposed to be made under any of the following provisions of the National Disability Insurance Scheme Act 2013 (as in force immediately after the commencement of this Act): (a) subsection 32B(1); (b) subsection 32C(2); (c) subsection 32K(2); (d) subsection 32L(8); (e) subsection 33(2E). transitional rules means rules proposed to be made under subitem 138(1) of Schedule 1 to this Act. Question agreed to. The PRESIDENT: The question now is that the opposition's amendments on sheets 2650 revised and 2651 be agreed to. Opposition's circulated amendments— SHEET 2650 REVISED (1) Schedule 1, item 6, page 4 (line 14), omit "subsections 10(1) and (4)", substitute "section 10". (2) Schedule 1, item 14, page 6 (line 3), omit "subsection (4)", substitute "subsections (4) and (9)". (3) Schedule 1, item 14, page 7 (after line 21), at the end of section 10, add: (9) A support is not an NDIS support for a participant or prospective participant if the support consists of the provision of: (a) sexual services; or (b) alcohol; or (c) drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory. _____ SHEET 2651 (1) Schedule 1, item 63, page 39 (after line 16), after subsection 43(2A), insert: (2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if: (a) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty; or (b) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty. (2) Schedule 1, page 40 (after line 13), after item 63, insert: 63A Paragraph 43(3)(c) After "paragraph 44(1)(a)", insert "or (aa)". (3) Schedule 1, page 40 (after line 25), after item 65, insert: 65A Paragraph 43(6)(d) After "paragraph 44(2A)(a)", insert "or (aa)". (4) Schedule 1, item 67, page 40 (line 32), after "subsection", insert "(2AA),". (5) Schedule 1, page 41 (after line 4), after item 67, insert: 67A After paragraph 44(1)(a) Insert: (aa) the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty; or (6) Schedule 1, page 41 (after line 17), after item 69, insert: 69A After paragraph 44(2A)(a) Insert: (aa) the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty; or (7) Schedule 1, item 132, page 62 (line 9), omit "appointed;", substitute "appointed; and". (8) Schedule 1, item 132, page 62 (after line 9), after paragraph (e), insert: (f) in the case of paragraph 44(1)(aa)—whether the participant is convicted of the offence; (g) in the case of paragraph 44(2A)(aa)—whether the plan nominee is convicted of the offence;