NDIS Bill Passed with 77 Government Amendments

In a joint media release on 13 March 2013 with the Parliamentary Secretary to the Prime Minister and Parliamentary Secetary for Disabilities and Carers, Minister Macklin the Minister for Families, Community Services and Indigenous Affairs announced  that the federal government was introducing 77 government amendments to the National Disability Insurance Scheme Bill (NDIS). 

Amendments in Response to Feedback

The amendments are said to be a response to feedback from extensive consultations with people with disability, their families and carers, and with the states and territories.

The announcement further states that federal government’s amendments are in direct response to submissions made to the Senate Community Affairs Legislation Committee inquiry.

Key Amendments

Among the 77 ammendments, key amendments listed in the release are:

• Elevating the importance of certain obligations that Australia has as a party to the Convention on the Rights of Persons with Disabilities and explicitly recognising the broader context for disability reform. This ensures that the rights of people with disability, their families and carers are at the heart of the NDIS.

• Clarification that people who need early intervention therapies and supports, including for degenerative conditions, and who are not better supported by another systems such as the health care system, can access the NDIS.

• Clarification that all people who are NDIS participants will be able to choose to remain in the scheme after they turn 65.

• Changes to the compensation provisions so that the NDIS Launch Transition Agency (the Agency) can conduct legal proceedings on behalf of a person with disability who does not choose to conduct those proceedings.

• Ensuring the NDIS Board receives and considers actuarial advice, helping to safeguard the financial sustainability of the NDIS.

New NDIS Division of AAT

The media release also indicates that the Government will also establish an NDIS division of the Administrative Appeals Tribunal and an independent expert panel to advise the Agency’s merits review process. This measure it is said by the government: "will ensure that people with disability are supported to have their plans reviewed and that reviews will be conducted by people with expertise and understanding of needs of people with disability, their families and carers." Further the government says that "to ensure that these review arrangements are working for people with disability, they will be reviewed two years after the launch commences."

Interface with the aged care system

The media realease also refers to the Productivity Commission's recommendation of an age-65 threshold for entry to the NDIS, on the basis that people should get the care they need in the aged care and the disability care systems and that there should not be duplication between the two. As a result the amendments announced also clarify that "all NDIS participants will be able to choose whether to continue to receive support under the NDIS after they turn 65".

Compensation

The amendments announced will also change the compensation provisions to:

"allow the NDIS "Launch Transition Agency" to take action to claim compensation on behalf of a person with disability.

This could apply where harm may have been caused by the negligence of a company and the costs arising from that harm should be borne by the company and not by the taxpayer.

If the Agency takes action or takes over proceedings, any damages awarded for pain and suffering or future earnings would be returned to the person with disability. The Agency would be able to recoup NDIS amounts which had been paid for care and support, and incidental costs."

Bill Passed with amendments

The amended Bill was introduced into the House of Representatives on 20 November 2012 and passed with the 77 amendments refered to above yesterday on 14 March 2013.

Source: Government Media Release on Ministers website 13 March 2013

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