National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024

The majority voted against amendments on sheet 2772 and sheet 2777 circulated by the Australian Greens to government amendments (2) and (7) on sheet SK118 revised. The question is that the Australian Greens amendments be agreed to.

Amendment text

SHEET 2772

(1) Amendment (7), item 112A, paragraph 195(b), omit "(other than financial hardship alone)".

SHEET 2777

(1) Amendment (2), item 36, subsection 32BA(2), omit "the categories of impairments under subsection (3) that cover" (wherever occurring).

(2) Amendment (2), item 36, subsection 32BA(3), omit the subsection.

Text of original government amendments (2) and (7) on sheet SK118 revised

(2) Schedule 1, item 36, page 16 (after line 21), after section 32B, insert:

32BA Notice of impairments

Giving notice of impairments

(1) The CEO must give a participant a notice in writing in accordance with subsection (2):

(a) as soon as practicable after the participant becomes a participant; or

(b) if a circumstance specified in the National Disability Insurance Scheme rules for the purposes of this paragraph applies in relation to the participant.

(2) The notice must state:

(a) if the participant meets the disability requirements—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and

(b) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(i) or (ii)—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and

(c) if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(iii)—that the participant has developmental delay.

(3) Each of the following is a category of impairments for the purposes of paragraphs (2)(a) and (b):

(a) intellectual impairments;

(b) cognitive impairments;

(c) neurological impairments;

(d) sensory impairments;

(e) physical impairments;

(f) impairments to which a psychosocial disability is attributable.

(4) A notice given under paragraph (1)(b) replaces any previous notice given under paragraph (1)(a) or (b) to the participant.

Varying notice of impairments

(5) The CEO may vary a notice given under subsection (1) if:

(a) either:

(i) the participant applies for the variation in accordance with subsection (6); or

(ii) circumstances specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph exist; and

(b) the CEO is satisfied that a statement in the notice is not, or is no longer, correct; and

(c) any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this paragraph are met.

(6) An application under subparagraph (5)(a)(i) must:

(a) be in the form (if any) approved by the CEO; and

(b) include any information, and be accompanied by any documents, required by the CEO; and

(c) be made in accordance with any other requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph, which may include requirements as to the circumstances in which an application may, or may not, be made.

(7) Schedule 1, page 56 (after line 13), after item 112, insert:

112A Paragraphs 195(a) and (b)

Repeal the paragraphs, substitute:

(a) the debt did not result wholly or partly from the debtor or another person knowingly:

(i) making a false or misleading statement or representation; or

(ii) failing or omitting to comply with this Act, the regulations or the National Disability Insurance Scheme rules; and

(b) there are special circumstances (other than financial hardship alone) that the CEO is satisfied make waiver appropriate; and