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

The majority voted in favour of opposition amendments on sheet 2650 revised and sheet 2651, which means they will now be included in the bill.

Following this vote, Tasmanian Senator Jacqui Lambie (JLN) stated that "I express my support for the amendments on sheet 2650 revised" and ACT Senator David Pocock (Independent) requested "Could it be recorded that I oppose the amendments on sheet 2651."

Amendment text

SHEET 2650 REVISED

(1) Schedule 1, item 6, page 4 (line 14), omit "subsections 10(1) and (4)", substitute "section 10".

(2) Schedule 1, item 14, page 6 (line 3), omit "subsection (4)", substitute "subsections (4) and (9)".

(3) Schedule 1, item 14, page 7 (after line 21), at the end of section 10, add:

(9) A support is not an NDIS support for a participant or prospective participant if the support consists of the provision of:

(a) sexual services; or

(b) alcohol; or

(c) drugs, the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.

SHEET 2651

(1) Schedule 1, item 63, page 39 (after line 16), after subsection 43(2A), insert:

(2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if:

(a) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty; or

(b) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty.

(2) Schedule 1, page 40 (after line 13), after item 63, insert:

63A Paragraph 43(3)(c)

After "paragraph 44(1)(a)", insert "or (aa)".

(3) Schedule 1, page 40 (after line 25), after item 65, insert:

65A Paragraph 43(6)(d)

After "paragraph 44(2A)(a)", insert "or (aa)".

(4) Schedule 1, item 67, page 40 (line 32), after "subsection", insert "(2AA),".

(5) Schedule 1, page 41 (after line 4), after item 67, insert:

67A After paragraph 44(1)(a)

Insert:

(aa) the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty; or

(6) Schedule 1, page 41 (after line 17), after item 69, insert:

69A After paragraph 44(2A)(a)

Insert:

(aa) the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

(i) is punishable by imprisonment for 2 years or more; or

(ii) involves fraud or dishonesty; or

(7) Schedule 1, item 132, page 62 (line 9), omit "appointed;", substitute "appointed; and".

(8) Schedule 1, item 132, page 62 (after line 9), after paragraph (e), insert:

(f) in the case of paragraph 44(1)(aa)—whether the participant is convicted of the offence;

(g) in the case of paragraph 44(2A)(aa)—whether the plan nominee is convicted of the offence;