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

The majority voted against amendments introduced by ACT Senator David Pocock (Independent), which means they failed and will not be integrated into the bill.

Amendment text

(1) Schedule 1, item 26, page 10 (line 7), at the end of subsection 28(2), add:

; and (c) the impairments in respect of which the participant meets the disability requirements or the early intervention requirements (as the case requires).

(1A) Schedule 1, item 31, page 13 (after line 29), after subsection 30A(5A), insert:

(5B) The Agency must pay the participant an amount equal to any cost paid by the participant for an assessment or examination mentioned in subsection (5).

(2) Schedule 1, item 31, page 14 (line 11), omit "the CEO must", substitute "the CEO may".

(3) Schedule 1, item 36, page 18 (after line 5), after paragraph 32D(2)(c), insert:

(ca) the impairments in respect of which the participant meets the disability requirements or the early intervention requirements (as the case requires); and

(4) Schedule 1, item 36, page 23 (lines 14 to 15), omit paragraph 32F(7)(b), substitute:

(b) there has been significant, intentional or repeated non-compliance with section 46 (acquittal of NDIS amounts) in relation to the plan or any of the participant's previous plans;

(5) Schedule 1, item 36, page 25 (after line 14), after subsection 32H(1), insert:

(1A) However, such a requirement may only be specified if:

(a) the requirement is reasonably necessary to achieve a specific purpose consistent with the objects of the National Disability Insurance Scheme; and

(b) to do so would not be unduly burdensome for the participant, after considering:

(i) the potential separate or cumulative effects of financial costs associated with complying with the requirement; and

(ii) the practical effects of complying with the requirement; and

(iii) the participant's emotional and psychological distress in complying with the requirement.

(6) Schedule 1, item 36, page 28 (lines 12 to 18), omit paragraphs 32L(7)(a) and (b), substitute:

(a) an assessment (the existing assessment) has been undertaken under:

(i) subsection (1); or

(ii) paragraph (c) of this subsection as a result of subparagraph (b)(i) of this subsection;

in connection with a plan; and

(b) either:

(i) in deciding whether or not to approve a statement of participant supports for the plan, or after receiving a written request from the participant, the CEO is satisfied in accordance with National Disability Insurance Scheme rules made for the purposes of this paragraph that another assessment (the replacement assessment) of the participant's need for supports should be undertaken; or

(ii) the participant notifies the CEO in writing that the participant disagrees with the existing assessment and requests another assessment (also the replacement assessment) to be undertaken of one or more of the participant's need for supports;

(7) Schedule 1, page 36 (after line 15), after item 53, insert:

53A Subparagraph 36(2)(b)(ii)

Before "undergo", insert "subject to subsection (2A),".

53B After subsection 36(2)

Insert:

(2A) The CEO must not request that the participant undergo an examination under subparagraph (2)(b)(ii) unless the CEO is satisfied that the report of the examination would provide information that the CEO cannot otherwise reasonably obtain.

(8) Schedule 1, item 54, page 36 (line 23), omit "the CEO must", substitute "the CEO may".

(8A) Schedule 1, item 54, page 37 (after line 26), after subsection 36(5), insert:

(6) The Agency must pay the participant an amount equal to any cost paid by the participant for an assessment or examination mentioned in subsection (2).

(9) Schedule 1, item 63, page 40 (lines 1 to 3), omit paragraph 43(2C)(b), substitute:

(b) there has been significant, intentional or repeated non-compliance with section 46 (acquittal of NDIS amounts) in relation to the plan or any of the participant's previous plans;