Lines, Sen Sue (The PRESIDENT)

The PRESIDENT (12:20): The question now is that the remaining amendments on sheets 2733 and 2734 and the amendments on sheets 2735, 2736, 2737, 2738 and 2739 be agreed to. Australian Greens ' circulated amendments— SHEET 2733 (2) Schedule 1, item 6, page 4 (lines 13 and 14), omit the definition of NDIS support in section 9. (5) Schedule 1, item 22, page 8 (line 30), omit "NDIS", substitute "reasonable and necessary". (6) Schedule 1, item 36, page 20 (line 17), omit "NDIS", substitute "reasonable and necessary". (7) Schedule 1, item 36, page 20 (line 24), omit "NDIS", substitute "reasonable and necessary". (8) Schedule 1, item 36, page 20 (line 33), omit "NDIS", substitute "reasonable and necessary". (9) Schedule 1, item 36, page 21 (line 8), omit "an NDIS", substitute "a reasonable and necessary". (10) Schedule 1, item 36, page 21 (line 19), omit "NDIS", substitute "reasonable and necessary". (11) Schedule 1, item 36, page 21 (line 24), omit "NDIS", substitute "reasonable and necessary". (12) Schedule 1, item 36, page 23 (line 8), omit "NDIS", substitute "reasonable and necessary". (13) Schedule 1, item 36, page 26 (line 10), omit "NDIS", substitute "reasonable and necessary". (15) Schedule 1, item 75, page 44 (line 20), omit "NDIS", substitute "reasonable and necessary". (16) Schedule 1, item 75, page 44 (line 24), omit "NDIS", substitute "reasonable and necessary". (17) Schedule 1, item 75, page 44 (line 34), omit "NDIS", substitute "reasonable and necessary". (18) Schedule 1, item 75, page 45 (line 6), omit "an NDIS", substitute "a reasonable and necessary". (19) Schedule 1, item 75, page 45 (line 16), omit "NDIS", substitute "reasonable and necessary". (20) Schedule 1, item 75, page 45 (line 25), omit "an NDIS", substitute "a reasonable and necessary". (21) Schedule 1, item 75, page 45 (line 36), omit "NDIS", substitute "reasonable and necessary". _____ SHEET 2734 (1) Schedule 1, item 36, page 20 (lines 31 and 32), omit note 3. (2) Schedule 1, item 36, page 21 (lines 22 and 23), omit note 2. (3) Schedule 1, item 36, page 23 (line 24) to page 24 (line 2), omit subsection 32G(2), substitute: Specifying a total funding amount (2) The reasonable and necessary budget must, for each stated support or class of stated supports, provide that funding will only be provided under the plan for the support or class of supports up to an amount (the total funding amount) specified for the purposes of this subsection for the support or class of supports; Note: The total funding amount for a stated support or class of stated supports is worked out under section 32K. (5) Schedule 1, item 36, page 25 (line 33), omit ", 32G or 32H," substitute "or 32G,". (6) Schedule 1, item 78, page 47 (lines 34 to 36), omit subparagraph 47A(1AB)(i). (7) Schedule 1, item 116, page 57 (line 2), omit paragraph (cg). _____ SHEET 2735 (1) Schedule 1, item 14, page 6 (lines 3 to 9), omit subsection 10(1) (not including the note), substitute: (1) Subject to subsection (4), a support is an NDIS support for a person who is a participant or prospective participant if the support is declared by National Disability Insurance Scheme rules made for the purposes of this subsection to be an NDIS support for participants or prospective participants. (2) Schedule 1, item 14, page 6 (lines 13 to 23), omit subsection 10(2), substitute: (2) Before making National Disability Insurance Scheme rules declaring a support for the purposes of subsection (1), the Minister must be satisfied that the support is appropriately funded or provided through the National Disability Insurance Scheme for participants or prospective participants. (3) Schedule 1, item 14, page 7 (lines 4 to 7), omit subsection 10(4) (not including the note), substitute: (4) The National Disability Insurance Scheme rules may declare that a support is not an NDIS support for participants or prospective participants. (4) Schedule 1, item 14, page 7 (lines 11 to 21), omit subsection 10(5), substitute: (5) Before making National Disability Insurance Scheme rules declaring a support for the purposes of subsection (4), the Minister must be satisfied that the support is not appropriately funded or provided through the National Disability Insurance Scheme for participants or prospective participants. (5) Schedule 1, item 35, page 15 (line 14), omit "32B(2)", substitute "32B(3)". (6) Schedule 1, item 36, page 16 (lines 6 to 21), omit section 32B, substitute: 32B Participants that are to have new framework plans (1) The Minister may, by legislative instrument, provide for the transition of participants from old framework plans to new framework plans (the transition plan). Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act). (2) The transition plan must: (a) be developed through a process of co-design with the disability community; and (b) determine which participants are to have new framework plans and in what order participants will be transitioned onto new framework plans. (3) The CEO must give a participant notice that the participant is to have a new framework plan. (4) The notice must include the details (if any) specified in the National Disability Insurance Scheme rules for the purposes of this subsection. (7) Schedule 1, item 36, page 16 (line 28), omit "32B(2)", substitute "32B(3)". (8) Schedule 1, item 36, page 21 (lines 28 to 32), omit subsection 32E(4) (not including the note), substitute: (4) A support is a stated support for a participant if the support is declared by National Disability Insurance Scheme rules made for the purposes of this subsection to be a stated support for participants. (9) Schedule 1, item 36, page 27 (lines 6 to 11), omit subsection 32K(5), substitute: (5) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a determination under subsection (2) of this section may make different provision in relation to different classes of stated supports for the purposes of paragraph (1)(b) of this section. (10) Schedule 1, item 36, page 29 (lines 26 and 27), omit subsection 32L(9). (11) Schedule 1, item 93, page 52 (line 7), omit "32B(2)", substitute "32B(3)". (12) Schedule 1, item 122, page 57 (line 30), omit "32B(3)", substitute "32B(4)". (13) Schedule 1, item 128, page 60 (line 10), omit "32B(2)", substitute "32B(3)". _____ SHEET 2736 (1) Schedule 1, item 36, page 28 (after line 7), after subsection 32L(6), insert: (6AA) The report must be approved in writing by the CEO if the CEO is satisfied that the assessment was undertaken in accordance with subsections (2) to (4). (2) Schedule 1, page 54 (after line 26), after item 101, insert: 101A Subsection 99(1) (after table item 4) Insert: 4AA a decision in relation to flexible funding section 32F CEO 4AB a decision in relation to stated supports section 32G CEO 4AC a decision in relation to requirements relating to acquisition or provision of supports section 32H CEO 4AD a decision to approve a report of a needs assessment subsection 32L(6AA) CEO _____ SHEET 2737 (1) Schedule 1, item 30, page 11 (lines 17 to 21), omit subsection 30(3A), substitute: (3A) The CEO must not request that the participant undergo an assessment under subparagraph (3)(b)(i) or an examination under subparagraph (3)(b)(ii) unless the CEO: (a) has made a request to the participant under paragraph (3)(a) and provided the participantthe opportunity to provide information, including a report of a previous assessment or examination; and (b) is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (3AB) A request under subsection (3) must comply with the requirements in section 50A. (2) Schedule 1, item 31, page 13 (lines 25 to 29), omit subsection 30A(5A), substitute: (5A) The CEO must not request that the participant undergo an assessment under subparagraph (5)(b)(i) or an examination under subparagraph (5)(b)(ii) unless the CEO: (a) has made a request to the participant under paragraph (5)(a) and provided the participantthe opportunity to provide information, including a report of a previous assessment or examination; and (b) is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (5AB) A request under subsection (5) must comply with the requirements in section 50A. (3) Schedule 1, page 36 (after line 15), after item 53, insert: 53A After subsection 36(2) Insert: (2A) The CEO must not request that the participant undergo an assessment under subparagraph (2)(b)(i) or an examination under subparagraph (2)(b)(ii) unless the CEO: (a) has made a request to the participant under paragraph (2)(a) and provided the participantthe opportunity to provide information, including a report of a previous assessment or examination; and (b) is satisfied that the report of the assessment or examination would provide information that the CEO cannot otherwise reasonably obtain. (2B) A request under subsection (2) must comply with the requirements in section 50A. (4) Schedule 1, page 52 (after line 8), after item 93, insert: 93A At the end of Chapter 3 Add: Part 3 — Requirements for information requests and reports 50A Requirements for information requests and reports (1) This section applies to a request by the CEO for a participant to provide information or undergo an assessment or examination under subsections 30(3), 30A(5) and 36(2). (2) The request must: (a) be made in writing and any other mode of communication specified by the participant; and (b) specify the information required by the CEO; and (c) specify the purpose of the request. (3) If the CEO requests that a participant undergo an assessment or examination: (a) the participant may choose the person who conducts the assessment or examination; and (b) the CEO must consult with the following when specifying a timeframe for providing a report of the assessment or examination: (i) the person who is to conduct the assessment or examination; (ii) the participant; and (c) the Agency must pay the participant an amount equal to any cost paid by the participant for the assessment or examination. _____ SHEET 2738 (1) Schedule 1, page 4 (before line 8), before item 5, insert: 4B Section 9 Insert: internal disclosure has the meaning given by subsection 73ZA(2A). (2) Schedule 1, page 52 (after line 11), after item 94, insert: 94A Division 7 of Part 3A of Chapter 4 (at the end of the heading) Add "etc.". 94B Section 73ZA (at the end of the heading) Add "—internal disclosures". 94C Subsection 73ZA(1) After "(the discloser) who is,", insert "or was,". 94D Paragraph 73ZA(2)(b) Repeal the paragraph. 94E Paragraph 73ZA(2)(c) Omit "this Act; and", substitute "this Act.". 94F Paragraph 73ZA(2)(d) Repeal the paragraph. 94G After subsection 73ZA(2) Insert: (2A) A disclosure covered by subsection (2) is an internal disclosure. 94H After section 73ZA Insert: 73ZAA Disclosures qualifying for protection — disclosures to parliamentarians and journalists (1) This section applies to a disclosure of information by a person (the discloser) if: (a) the discloser is, or was, covered by any of paragraphs 73ZA(1)(a) to (d); and (b) the discloser made an internal disclosure of the information to a person covered by any of subparagraphs 73ZA(2)(a)(i) to (v) (the internal recipient); and (c) the internal recipient: (i) took no action in relation to the internal disclosure; or (ii) did not complete an investigation in relation to the internal disclosure before the end of the period of 90 days beginning on the day the internal disclosure was made; or (iii) completed an investigation in relation to the internal disclosure that resulted in no further action being taken. (2) The disclosure of the information by the discloser qualifies for protection under this Division if: (a) the disclosure is made to one or more of the following: (i) a member (however described) of the Parliament of the Commonwealth or a State, or of the legislature of a Territory; (ii) a person who works in a professional capacity as a journalist; and (b) the discloser reasonably believes that the disclosure is in the public interest. 73ZAB Disclosures qualifying for protection — other disclosures (1) This section applies to a disclosure of information by a person (the discloser) if the discloser is, or was, covered by any of paragraphs 73ZA(1)(a) to (d). (2) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made to: (a) a lawyer, for the purposes of obtaining legal advice or legal representation; or (b) a medical practitioner, or mental health professional, for the purposes of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling); or (c) if the discloser is a person with disability—another person who is entitled to represent the interests of the person with disability; or (d) if the discloser is a nominee, family member, carer, independent advocate or significant other of a person with disability—another person who is entitled to represent the interests of either the discloser or the person with disability. (3) The disclosure of the information by the discloser to any person also qualifies for protection under this Division if there is an imminent threat to the health or safety of a person (the at risk person) and the discloser reasonably believes that the disclosure is necessary to protect the health or safety of the at risk person. 94J At the end of Division 7 of Part 3A of Chapter 4 Add: 73ZDA Other requirements relating to disclosures qualifying for protection Recipient of internal disclosure must investigate disclosure (1) A person covered by any of subparagraphs 73ZA(2)(a)(i) to (v) (the internal recipient) who receives an internal disclosure must: (a) investigate the disclosure, cause the disclosure to be investigated or refer the disclosure to an appropriate investigative agency for the purposes of investigation; and (b) if the identity of the person who made the disclosure is known to the internal recipient—give written notice to the person who made the disclosure of the outcome of the investigation. Note: Certain entities must have whistleblower policies in place and may be subject to proceedings for an offence for failing to have such policies in place (see sections 1311 and 1317AI of the Corporations Act 2001). Certain entities must establish and maintain a disclosure mechanism (2) The National Disability Insurance Scheme rules must require an entity prescribed by the rules to establish and maintain a mechanism that enables a person to make a disclosure of information that qualifies for protection under this Division to the entity. (3) Without limiting subsection (2), the National Disability Insurance Scheme rules may make provision for and in relation to one or more of the following: (a) accessibility requirements for making a disclosure; (b) information about the protections available to disclosers, including protections under this Division; (c) information about to whom disclosures that qualify for protection under this Division may be made, and how they may be made; (d) information about how the entity will support disclosers and protect them from detriment; (e) information about how the entity will investigate disclosures that qualify for protection under this Division; (f) information about how the entity will ensure fair treatment of employees of the entity who are mentioned in disclosures that qualify for protection under this Division, or to whom such disclosures relate; (g) information about how the mechanism is to be made available to officers and employees of the entity; (h) any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. (3) Schedule 1, page 63 (after line 10), after item 136, insert: 136A Disclosers Subsection 73ZA(1) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to a person who is, or was, covered by any of paragraphs (a) to (d) of that subsection, whether the person is, or was, so covered before, on or after the commencement of this Schedule. 136B Requirements for internal disclosures Subsection 73ZA(2) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to a disclosure of information made on or after the commencement of this Schedule. 136C Disclosures to parliamentarians and journalists Section 73ZAA of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to a disclosure, whether the internal disclosure mentioned in subsection (1) of that section was made before, on or after the commencement of this Schedule. 136D Requirement to investigate disclosures Subsection 73ZDA(1) of the National Disability Insurance Scheme Act 2013, as in force on and after the commencement of this Schedule, applies in relation to a disclosure made on or after the commencement of this Schedule. _____ SHEET 2739 (1) Schedule 1, item 36, page 21 (line 2), at the end of Note 4, add "A participant is not liable for a debt in relation to an NDIS amount that is paid to a person other than the participant". (2) Schedule 1, item 36, page 21 (line 27), at the end of Note 3, add "A participant is not liable for a debt in relation to an NDIS amount that is paid to a person other than the participant". (3) Schedule 1, item 75, page 45 (line 1), at the end of Note 2, add "A participant is not liable for a debt in relation to an NDIS amount that is paid to a person other than the participant". (4) Schedule 1, page 54 (after line 28), after item 102, insert: 102A Subsection 99(1) (after table item 28) Insert: 28A a decision that it is not appropriate for a debt to be due by a participant subsection 182(5) CEO (5) Schedule 1, page 55 (before line 1), before item 103, insert: 102B Subsection 99(1) (before table item 29) 28B a decision to bring legal proceedings subsection 182A(5) CEO (6) Schedule 1, page 56 (after line 13), after item 112, insert: 112A After subsection 182(3) Insert: (3A) Subsection (3) does not apply to a person if: (a) the person is a participant; and (b) the NDIS amount was paid to a person other than the participant. (7) Schedule 1, page 56 (after line 13), after item 112, insert: 112B At the end of section 182 Add: (5) An amount is taken to not be a debt due under this section if the CEO is satisfied that it is not appropriate for a debt to be due by a person because the person is a participant that is experiencing neglect, abuse or coercion. (8) Schedule 1, page 56 (after line 13), after item 112, insert: 112C Before section 183 Insert: 182A Notice of intention to bring legal proceedings (1) Before the CEO brings legal proceedings against a person to recover a debt under this Act, the CEO must comply with the requirements in this section. (2) The CEO must, by written notice, notify the person that the CEO is considering bringing legal proceedings. (3) The notice must: (a) set out the reasons why the CEO is considering bringing legal proceedings against the person; and (b) invite the person to make submissions, in writing, to the CEO in relation to the matter within 90 daysafter receiving the notice; and (c) inform the person that the CEO may, after considering any submission made by the person, bring legal proceedings against the person. (4) The CEO must consider any submissions made by the person in accordance with the notice. (5) The CEO must: (a) decide whether to bring legal proceedings against the person; and (b) notify the person, by writing, of the CEO's decision.