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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Disability Insurance Scheme
Amendment (Improving Supports for At
Risk Participants) Bill 2021
No. , 2021
(National Disability Insurance Scheme)
A Bill for an Act to amend the
National Disability
Insurance Scheme Act 2013
, and for related
purposes
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Disability Insurance Scheme Act 2013
3
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
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
(Improving Supports for At Risk Participants) Act 2021
.
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
13
2
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
3
Schedule 1--Amendments
1
2
National Disability Insurance Scheme Act 2013
3
1 Section 9 (definition of
protected Commission information
)
4
Repeal the definition, substitute:
5
protected Commission information
means information about a
6
person (including a deceased person) that is or was held in the
7
records of the Commission, but does not include the following:
8
(a) if there is publication of the NDIS Provider Register in whole
9
or part as mentioned in paragraph 73ZS(7)(b)--information
10
covered by that publication;
11
(b) if there is publication of specified information entered on that
12
Register as mentioned in that paragraph--that information.
13
2 Paragraph 55A(2)(a)
14
After "contravening", insert "or has contravened".
15
3 Paragraph 55A(2)(c)
16
After "meeting", insert "or has met".
17
4 Paragraph 55A(2)(d)
18
Omit "or a person employed or otherwise engaged by an NDIS
19
provider, is complying", insert "a person who is or was employed or
20
otherwise engaged by an NDIS provider or a person who is or was a
21
member of the key personnel of an NDIS provider is complying or has
22
complied".
23
5 Paragraph 55A(2)(e)
24
After "person, is", insert "or was".
25
6 Paragraph 55A(2)(e)
26
Omit "whether the person is providing", substitute "whether the
27
provider or person is providing or has provided".
28
Schedule 1
Amendments
4
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
7 Paragraph 60(2)(e)
1
Omit "necessary to prevent or lessen a serious threat", substitute "for
2
the purpose of, or in relation to, preventing or lessening a threat
3
(whether current or future)".
4
8 At the end of subsection 60(2)
5
Add:
6
; or (f) the person believes on reasonable grounds that the making of
7
the record, or the disclosure or use of the information, by the
8
person is for the purpose of, or in relation to, reporting a past
9
threat to an individual's life, health or safety.
10
9 At the end of section 60
11
Add:
12
(4) The CEO or an Agency officer may disclose protected Agency
13
information to the Commissioner or a Commission officer if the
14
disclosure is for, or in connection with, the performance of the
15
Commissioner's functions or the exercise of the Commissioner's
16
powers.
17
10 After paragraph 67A(1)(d)
18
Insert:
19
(da) the disclosure of the information by the person is to a State or
20
Territory, or to an authority of a State or Territory, for one or
21
more of the following purposes:
22
(i) the carrying out of an NDIS worker screening check;
23
(ii) any other purpose of an NDIS worker screening law;
24
(iii) the screening of a worker employed or otherwise
25
engaged by a registered NDIS provider, or of a member
26
of the key personnel of a registered NDIS provider, as
27
mentioned in paragraph 73T(3)(d); or
28
(db) the disclosure of the information by the person is to a person
29
or body, prescribed by the National Disability Insurance
30
Scheme rules for the purposes of this paragraph, for the
31
purpose prescribed by those rules; or
32
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
5
11 Paragraph 67A(1)(e)
1
Omit "necessary to prevent or lessen a serious threat", substitute "for
2
the purpose of, or in relation to, preventing or lessening a threat
3
(whether current or future)".
4
12 At the end of subsection 67A(1)
5
Add:
6
; or (f) the person reasonably believes that the making of the record,
7
or the disclosure or use of the information, by the person is
8
for the purpose of, or in relation to, reporting a past threat to
9
an individual's life, health or safety.
10
13 At the end of section 67A
11
Add:
12
(3) The Commissioner or a Commission officer may disclose protected
13
Commission information to the Agency or an Agency officer if the
14
disclosure is for, or in connection with, the performance of the
15
Agency's or CEO's functions or the exercise of the Agency's or
16
CEO's powers.
17
14 Subsection 73B(1)
18
Omit "NDIS providers", substitute "persons".
19
15 At the end of section 73C
20
Add:
21
Withdrawal of application
22
(6) An applicant for registration may at any time, by writing to the
23
Commissioner, withdraw the application.
24
(7) A person's application is taken to have been withdrawn if the
25
person's registration is revoked under section 73P while that
26
application is pending.
27
16 Paragraph 73P(4)(b)
28
Omit "28 days after receiving the notice", substitute "the period
29
specified in the notice (which must not be less than 28 days)".
30
Schedule 1
Amendments
6
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
17 Paragraph 73P(4)(c)
1
Omit "that period", substitute "the period specified in the notice".
2
18 Paragraph 73P(4)(c)
3
Omit "referred to in paragraph (b)", substitute "specified in the notice".
4
19 Subsection 73P(5)
5
Omit "referred to in paragraph (4)(b)", substitute "specified in the
6
notice".
7
20 At the end of paragraph 73T(3)(d)
8
Add "or of members of the key personnel of registered NDIS
9
providers".
10
21 Subsections 73U(2) and (3)
11
Repeal the subsections, substitute:
12
(2) The Commissioner may do so on request of the person or body.
13
(3) If a person or body requests an approval, the Commissioner must:
14
(a) make a decision under subsection (1) to give the approval; or
15
(b) make a decision to refuse to give the approval.
16
(4) If the Commissioner refuses to give the approval, the
17
Commissioner must give notice to the person or body of the refusal
18
and of the reasons for the refusal.
19
Conditions
20
(5) The Commissioner may make an approval subject to conditions
21
specified in the approval.
22
Variation
23
(6) The Commissioner may, in writing, vary an approval given under
24
subsection (1) by imposing new conditions on the approval or
25
varying or removing existing conditions.
26
(7) The Commissioner must give notice to the person or body of the
27
variation and of the reasons for the variation. The notice must
28
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
7
specify the day the variation takes effect (which must not be earlier
1
than the day the notice is given).
2
Revocation
3
(8) The Commissioner may, in writing, revoke an approval given
4
under subsection (1).
5
(9) The Commissioner must give notice to the person or body of the
6
revocation and of the reasons for the revocation. The notice must
7
specify the day the revocation takes effect (which must not be
8
earlier than the day the notice is given).
9
Approval not a legislative instrument
10
(10) An approval given under subsection (1) is not a legislative
11
instrument.
12
Publication
13
(11) The Commissioner may publish, on the Commission's website, a
14
list of approved quality auditors.
15
22 At the end of paragraph 73V(1)(b)
16
Add "or members of the key personnel of NDIS providers".
17
23 Subsection 73Z(1)
18
Omit "the notification and management of", substitute "registered NDIS
19
providers notifying and managing".
20
24 At the end of subsection 73Z(1)
21
Add "or in other circumstances prescribed by the National Disability
22
Insurance Scheme rules".
23
25 Paragraph 73Z(4)(b)
24
Omit "of", substitute "to".
25
26 Subparagraph 73ZN(1)(b)(iii)
26
After "disability", insert ", having regard to any matters prescribed by
27
the National Disability Insurance Scheme rules for the purposes of this
28
subparagraph".
29
Schedule 1
Amendments
8
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
27 Subsection 73ZN(2) (heading)
1
Repeal the heading, substitute:
2
Banning orders--persons employed or otherwise engaged by NDIS
3
providers or key personnel of NDIS providers
4
28 Subsection 73ZN(2)
5
After "employed or otherwise engaged by an NDIS provider", insert ",
6
or a person who is or was a member of the key personnel of an NDIS
7
provider,".
8
29 Subparagraph 73ZN(2)(a)(iii)
9
After "disability", insert ", having regard to any matters prescribed by
10
the National Disability Insurance Scheme rules for the purposes of this
11
subparagraph".
12
30 Paragraph 73ZN(2A)(a)
13
After "involved", insert ", having regard to any matters prescribed by
14
the National Disability Insurance Scheme rules for the purposes of this
15
paragraph".
16
31 At the end of subsection 73ZN(2A)
17
Add:
18
; and (d) the person has not previously been a member of the key
19
personnel of an NDIS provider.
20
32 At the end of subsection 73ZN(3)
21
Add:
22
; and (c) be made subject to specified conditions.
23
33 After subsection 73ZN(5A)
24
Insert:
25
(5B) If a banning order under subsection (2) is made against a person
26
who is a member of the key personnel of an NDIS provider, the
27
continuity of the order is not affected by the person ceasing to be
28
such a member.
29
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
9
34 Paragraph 73ZN(9)(c)
1
After "by an NDIS provider", insert "or is a member of the key
2
personnel of an NDIS provider".
3
35 Paragraph 73ZN(10)(b)
4
After "order", insert "(including a condition of the order)".
5
36 After subsection 73ZO(2)
6
Insert:
7
(2A) Without limiting subsection (1), a variation of a banning order may
8
involve imposing new conditions on the order or varying or
9
removing existing conditions.
10
37 Paragraph 73ZO(6)(b)
11
After "by an NDIS provider", insert "or is a member of the key
12
personnel of an NDIS provider".
13
38 Paragraph 73ZS(3)(j)
14
Omit "if a compliance notice is in force in relation to the person",
15
substitute "if the person is, or was, subject to a compliance notice".
16
39 Subsection 99(1) (after table item 13)
17
Insert:
18
13A
a decision to refuse to
approve a person or
body as an approved
quality auditor
paragraph 73U(3)(b)
Commissioner
13B
a decision to specify
conditions in an
approval given under
subsection 73U(1)
subsection 73U(5)
Commissioner
13C
a decision to vary an
approval given under
subsection 73U(1)
subsection 73U(6)
Commissioner
13D
a decision to revoke an
approval given under
subsection 73U(1)
subsection 73U(8)
Commissioner
Schedule 1
Amendments
10
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
40 Subsection 99(1) (after table item 14)
1
Insert:
2
14A
a decision to vary or
revoke a compliance
notice
subsection 73ZM(4)
Commissioner
41 Subsection 100(5)
3
Omit all the words after paragraph (b), substitute:
4
the decision-maker (the
reviewer
) must review the reviewable
5
decision.
6
42 After subsection 100(5)
7
Insert:
8
(5A) The decision-maker cannot review the reviewable decision
9
personally if the decision-maker was involved in making the
10
reviewable decision.
11
(5B) A delegate of the decision-maker cannot review the reviewable
12
decision if the delegate was involved in making the reviewable
13
decision.
14
43 After paragraph 201A(1)(o)
15
Insert:
16
(oa) subparagraphs 73ZN(1)(b)(iii) and (2)(a)(iii) and
17
paragraph 73ZN(2A)(a) (banning orders);
18
44 Subsection 209(8) (table item 4, column headed
19
"Description", after paragraph (ca))
20
Insert:
21
(cb) paragraph 67A(1)(db);
22
45 Subsection 209(8) (table item 4, column headed
23
"Description", after paragraph (q))
24
Insert:
25
(qa) subparagraphs 73ZN(1)(b)(iii) and (2)(a)(iii) and paragraph 73ZN(2A)(a);
26
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
11
46 Application provisions
--information
1
(1)
The amendments of section 55A of the
National Disability Insurance
2
Scheme Act 2013
made by this Schedule apply in relation to a
3
requirement made under subsection 55A(1) of that Act on or after the
4
commencement of this item.
5
(2)
The amendment of paragraph 60(2)(e) of the
National Disability
6
Insurance Scheme Act 2013
made by this Schedule applies in relation to
7
the making of a record of information, or the disclosure or use of
8
information, on or after the commencement of this item, whether the
9
information was obtained before, on or after that commencement.
10
(3)
Paragraph 60(2)(f) of the
National Disability Insurance Scheme Act
11
2013
, as added by this Schedule, applies in relation to the making of a
12
record of information, or the disclosure or use of information, on or
13
after the commencement of this item:
14
(a) whether the threat occurred before, on or after that
15
commencement; and
16
(b) whether the information was obtained before, on or after that
17
commencement.
18
(4)
Subsection 60(4) of the
National Disability Insurance Scheme Act 2013
,
19
as added by this Schedule, applies in relation to the disclosure of
20
information on or after the commencement of this item, whether the
21
information was obtained before, on or after that commencement.
22
(5)
Paragraphs 67A(1)(da) and (db) of the
National Disability Insurance
23
Scheme Act 2013
, as inserted by this Schedule, apply in relation to the
24
disclosure of information on or after the commencement of this item,
25
whether the information was obtained before, on or after that
26
commencement.
27
(6)
The amendment of paragraph 67A(1)(e) of the
National Disability
28
Insurance Scheme Act 2013
made by this Schedule applies in relation to
29
the making of a record of information, or the disclosure or use of
30
information, on or after the commencement of this item, whether the
31
information was obtained before, on or after that commencement.
32
(7)
Paragraph 67A(1)(f) of the
National Disability Insurance Scheme Act
33
2013
, as added by this Schedule, applies in relation to the making of a
34
record of information, or the disclosure or use of information, on or
35
after the commencement of this item:
36
Schedule 1
Amendments
12
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
(a) whether the threat occurred before, on or after that
1
commencement; and
2
(b) whether the information was obtained before, on or after that
3
commencement.
4
(8)
Subsection 67A(3) of the
National Disability Insurance Scheme Act
5
2013
, as added by this Schedule, applies in relation to the disclosure of
6
information on or after the commencement of this item, whether the
7
information was obtained before, on or after that commencement.
8
47 Application provisions
--registration as registered NDIS
9
provider
10
(1)
Subsection 73C(6) of the
National Disability Insurance Scheme Act
11
2013
, as added by this Schedule, applies in relation to the following:
12
(a) an application under subsection 73C(1) of that Act that is
13
made on or after the commencement of this item;
14
(b) an application under subsection 73C(1) of that Act that was
15
made before the commencement of this item but not decided
16
by the Commissioner immediately before that
17
commencement.
18
(2)
Subsection 73C(7) of the
National Disability Insurance Scheme Act
19
2013
, as added by this Schedule, applies in relation to a revocation of
20
registration on or after the commencement of this item, whether the
21
application was made before, on or after that commencement.
22
(3)
The amendments of section 73P of the
National Disability Insurance
23
Scheme Act 2013
made by this Schedule apply in relation to a notice
24
given under subsection 73P(4) of that Act on or after the
25
commencement of this item.
26
48 Application provisions
--approved quality auditors
27
(1)
Subsections 73U(2) to (4) of the
National Disability Insurance Scheme
28
Act 2013
, as substituted by this Schedule, apply in relation to requests
29
made on or after the commencement of this item.
30
(2)
Subsection 73U(5) of the
National Disability Insurance Scheme Act
31
2013
, as substituted by this Schedule, applies in relation to approvals
32
given on or after the commencement of this item.
33
Amendments
Schedule 1
No. , 2021
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
13
(3)
Subsections 73U(6) to (9) of the
National Disability Insurance Scheme
1
Act 2013
, as substituted by this Schedule, apply in relation to approvals
2
given before, on or after the commencement of this item.
3
(4)
Item 13A of the table in subsection 99(1) of the
National Disability
4
Insurance Scheme Act 2013
, as inserted by this Schedule, applies in
5
relation to a refusal that occurs on or after the commencement of this
6
item.
7
(5)
Item 13B of the table in subsection 99(1) of the
National Disability
8
Insurance Scheme Act 2013
, as inserted by this Schedule, applies in
9
relation to a decision made on or after the commencement of this item,
10
where the approval is given on or after that commencement.
11
(6)
Items 13C and 13D of the table in subsection 99(1) of the
National
12
Disability Insurance Scheme Act 2013
, as inserted by this Schedule,
13
apply in relation to a decision made on or after the commencement of
14
this item, whether the approval was given before, on or after that
15
commencement.
16
(7)
The amendment of section 73U of the
National Disability Insurance
17
Scheme Act 2013
made by this Schedule does not affect the continuity
18
of the list published under that section.
19
49 Application provisions
--banning orders
20
(1)
The amendments of subsections 73ZN(1), (2), (2A) and (3) of the
21
National Disability Insurance Scheme Act 2013
made by this Schedule
22
apply in relation to a banning order made on or after the commencement
23
of this item.
24
(2)
To the extent that those amendments permit the making of a banning
25
order against a person who is or was a member of the key personnel of
26
an NDIS provider, those amendments apply in relation to a person who
27
is or was such a member before, on or after the commencement of this
28
item, whether conduct to which paragraph 73ZN(2)(a), (b) or (c) of that
29
Act relates occurred before, on or after that commencement.
30
(3)
The amendment of subsection 73ZN(10) of the
National Disability
31
Insurance Scheme Act 2013
made by this Schedule applies in relation to
32
a breach of a condition of a banning order that occurs on or after the
33
commencement of this item, whether the banning order was made
34
before, on or after that commencement.
35
Schedule 1
Amendments
14
National Disability Insurance Scheme Amendment (Improving
Supports for At Risk Participants) Bill 2021
No. , 2021
(4)
Subsection 73ZO(2A) of the
National Disability Insurance Scheme Act
1
2013
, as inserted by this Schedule, applies in relation to a variation
2
made on or after the commencement of this item, whether the banning
3
order was made before, on or after that commencement.
4
50 Application provisions
--compliance notices
5
(1)
The amendment of section 73ZS of the
National Disability Insurance
6
Scheme Act 2013
made by this Schedule applies in relation to a
7
compliance notice given before, on or after the commencement of this
8
item.
9
(2)
Item 14A of the table in subsection 99(1) of the
National Disability
10
Insurance Scheme Act 2013
, as inserted by this Schedule, applies in
11
relation to a variation or revocation that occurs on or after the
12
commencement of this item, whether the compliance notice was given
13
before, on or after that commencement.
14
51 Application provision
--review of decisions
15
The amendments of section 100 of the
National Disability Insurance
16
Scheme Act 2013
made by this Schedule apply in relation to:
17
(a) a request for review that is received on or after the
18
commencement of this item, whether the reviewable decision
19
was made before, on or after that commencement; or
20
(b) a reviewable decision taken to have been made as mentioned
21
in paragraph 100(5)(b) of that Act on or after the
22
commencement of this item.
23