Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (12:14): The question now is that Senator Thorpe's amendments on sheets 2670, 2672, 2673, 2674 and 2771 be agreed to. Senator Thorpe 's circulated amendments— SHEET 2670 (1) Schedule 1, item 14, page 7 (after line 21), at the end of section 10, add: (5A) For the purposes of paragraph (5)(b), a support is taken to be appropriately funded or provided through the National Disability Insurance Scheme for participants, or prospective participants, who: (a) are in a custodial setting (including youth detention); or (b) transitioning out of a custodial setting and into the community; if the Minister is satisfied that the support is appropriately funded or provided through the National Disability Insurance Scheme for participants or prospective participants generally. _____ SHEET 2672 (1) Schedule 1, item 36, page 17 (line 22), after "social", insert ", cultural". (2) Schedule 1, page 57 (after line 30), after Part 1, insert: Part 1A — Other amendments National Disability Insurance Scheme Act 2013 122B Paragraphs 3(1)(c) and (h) After "social", insert ", cultural". 122C Subsection 4(2) After "social", insert ", cultural". 122D Paragraph 4(13)(a) After "social", insert ", cultural". 122E Paragraph 14(1)(ac) After "social", insert ", cultural". 122F Paragraph 17A(3)(c) After "social", insert ", cultural". 122G Subparagraph 33(1)(b)(iii) After "social", insert ", cultural". 122H Paragraph 34(1)(b) After "social", insert ", cultural". 122J Subparagraph 118(1)(a)(i) After "social", insert ", cultural". 122K Paragraphs 144(1)(b) and (g) After "social", insert ", cultural". _____ SHEET 2673 (1) Schedule 1, page 56 (after line 13), after item 112, insert: 112A Before section 209 Insert: 208 Requirements for making legislative instruments Before making a legislative instrument under a provision of this Act (other than section 209) that is likely to affect participants who are Aboriginal or Torres Strait Islander people, the Minister must: (a) consider the social and emotional wellbeing of such participants; and (b) consider the value and benefits of such participants accessing NDIS supports on country; and (c) consult with, and consider the views expressed by, the First Peoples Disability Network (Australia) Limited (ABN 58 169 154 330) on the instrument. (2) Schedule 1, page 56 (after line 20), after item 114, insert: 114A After subsection 209(7) Insert: (7A) Before making National Disability Insurance Scheme rules that are likely to affect participants who are Aboriginal or Torres Strait Islander people, the Minister must: (a) consider the social and emotional wellbeing of such participants; and (b) consider the value and benefits of such participants accessing NDIS supports on country; and (c) consult with, and consider the views expressed by, the First Peoples Disability Network (Australia) Limited (ABN 58 169 154 330) on the rules. _____ SHEET 2674 (1) Schedule 1, page 8 (after line 6), after item 17, insert: 17A Paragraphs 20(2)(a) and (b) Repeal the paragraphs, substitute: (a) if the prospective participant will be released from a custodial setting within the period of 30days of the CEO receiving the access request—5 business days; (b) otherwise: (i) 21 days, unless subparagraph (ii) applies; or (ii) if the National Disability Insurance Scheme rules prescribe a lesser number of days for the purposes of this subparagraph—that lesser number of days. (2) Schedule 1, page 9 (after line 7), after item 23, insert: 23A Subsection 26(2) Omit "14 days after the last information or report is received", substitute "the period mentioned in subsection (2A)". 23B After subsection 26(2) Insert: (2A) For the purposes of subsection (2), the period is: (a) if the prospective participant will be released from a custodial setting within the period of 30 days after the CEO receives the access request—5 business days after the last information or report is received; or (b) otherwise—14 days after the last information or report is received. (3) Schedule 1, item 125, page 59 (line 11), before "Sections", insert "(1)". (4) Schedule 1, item 125, page 59 (line 11), after "Sections", insert "20,". (5) Schedule 1, item 125, page 59 (after line 14), at the end of the item, add: (2) National Disability Insurance Scheme rules made for the purposes of paragraph 20(2)(b) of the National Disability Insurance Scheme Act 2013 that were in force immediately before the commencement of this Schedule continue in force (and may be dealt with) as if made for the purposes of subparagraph 20(2)(b)(ii) of that Act as amended by this Schedule. _____ SHEET 2771 (1) Schedule 1, page 55 (after line 12), after item 105, insert: 105E At the end of section 127 Add: (6A) In appointing a person as a Board member, the Minister must ensure that priority is given, as far as it is reasonably practicable to do so, to a person that: (a) has lived experience with disability; or (b) is, or has been, a participant. 105F At the end of section 127 Add: Appointment of Board members other than Chair — NDIS participant (9) In appointing Board members other than the Chair, the Minister must also ensure that at least one Board member other than the Chair is, or has been, a participant (whether or not the Chair is a participant). 105G After subsection 129(4) Insert: (4A) In appointing a person to act as a Board member, the Minister must ensure that priority is given, as far as it is reasonably practicable to do so, to a person that: (a) has lived experience with disability; or (b) is, or has been, a participant. 105H After subsection 129(5) (before the note) Insert: (8) In appointing a person under subsection (2) to act as a Board member other than the Chair, the Minister must ensure that at least one Board member other than the Chair is, or has been, a participant (whether or not the Chair is a participant). (2) Schedule 1, page 63 (after line 27), after item 137, insert: 137D Appointment of NDIS participants to the Board of the Agency (1) Subsection 127(6A) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to an appointment made under subsection 127(1) of that Act on or after that commencement. (2) Subsection 127(9) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to an appointment made under subsection 127(1) of that Act on or after that commencement. (3) Subsection 129(4A) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to an appointment made under subsection 129(2) of that Act on or after that commencement. (4) Subsection 129(8) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to an appointment made under subsection 129(2) of that Act on or after that commencement.