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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Disability Insurance Scheme
Amendment (Strengthening Banning
Orders) Bill 2020
No. , 2020
(National Disability Insurance Scheme)
A Bill for an Act to amend the
National Disability
Insurance Scheme Act 2013
, and for related
purposes
No. , 2020
National Disability Insurance Scheme Amendment (Strengthening
Banning Orders) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Disability Insurance Scheme Act 2013
3
No. , 2020
National Disability Insurance Scheme Amendment (Strengthening
Banning Orders) Bill 2020
1
A Bill for an Act to amend the
National Disability
1
Insurance Scheme Act 2013
, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Disability Insurance Scheme Amendment
6
(Strengthening Banning Orders) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Disability Insurance Scheme Amendment (Strengthening
Banning Orders) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2020
National Disability Insurance Scheme Amendment (Strengthening
Banning Orders) Bill 2020
3
Schedule 1--Amendments
1
2
National Disability Insurance Scheme Act 2013
3
1 Paragraph 55A(2)(e)
4
Omit "a person employed or otherwise engaged by an NDIS provider",
5
substitute "other person".
6
2 Subsection 73ZN(2)
7
After "person who is", insert "or was".
8
3 After subsection 73ZN(2)
9
Insert:
10
Banning orders--persons not suitable to be involved in provision
11
of supports or services to people with disability
12
(2A) The Commissioner may, by written notice, make an order (a
13
banning order
) prohibiting or restricting a person from being
14
involved in the provision of specified supports or specified services
15
to people with disability if:
16
(a) the Commissioner reasonably believes that the person is not
17
suitable to be so involved; and
18
(b) the person has not previously been an NDIS provider; and
19
(c) the person has not previously been employed or otherwise
20
engaged by an NDIS provider.
21
4 After subsection 73ZN(5)
22
Insert:
23
(5A) If a banning order under subsection (2) is made against a person
24
who is employed or otherwise engaged by an NDIS provider, the
25
continuity of the order is not affected by the employment or
26
engagement ceasing.
27
5 After subsection 73ZS(5)
28
Insert:
29
Schedule 1
Amendments
4
National Disability Insurance Scheme Amendment (Strengthening
Banning Orders) Bill 2020
No. , 2020
Banning orders under subsection 73ZN(2) or (2A)
1
(5A) The NDIS Provider Register may include any of the following in
2
relation to a person against whom a banning order under
3
subsection 73ZN(2) or (2A) is made:
4
(a) the name of the person;
5
(b) the person's ABN (if any);
6
(c) information about the banning order;
7
(d) any other matter prescribed by the National Disability
8
Insurance Scheme rules for the purposes of this paragraph.
9
6 Subsection 209(8) (cell at table item 4, column headed
10
"Description", paragraph (r))
11
Omit "and (5)(f)", substitute ", (5)(f) and (5A)(d)".
12
7 Application provision
--information
13
The amendment of section 55A of the
National Disability Insurance
14
Scheme Act 2013
made by this Schedule applies in relation to a banning
15
order made before, on or after the commencement of this item.
16
8 Application provisions
--banning orders
17
(1)
The amendment of subsection 73ZN(2) of the
National Disability
18
Insurance Scheme Act 2013
made by this Schedule applies in relation to
19
a person who ceased to be employed or engaged by an NDIS provider
20
before, on or after the commencement of this item.
21
(2)
Subsection 73ZN(5A) of the
National Disability Insurance Scheme Act
22
2013
, as inserted by this Schedule, applies in relation to the following:
23
(a) a banning order made on or after the commencement of this
24
item;
25
(b) a banning order made before the commencement of this item,
26
where the person against whom the order is made ceases to
27
be employed or otherwise engaged by the NDIS provider on
28
or after that commencement.
29
(3)
Subsection 73ZS(5A) of the
National Disability Insurance Scheme Act
30
2013
, as inserted by this Schedule, applies in relation to a banning order
31
made before, on or after the commencement of this item.
32