Disability Services and Other Legislation (NDIS) Amendment Bill 2019
Plain English Summary
Overview
This bill updates Queensland's disability services laws to work alongside the national NDIS Quality and Safeguards Commission, which commenced in Queensland on 1 July 2019. It ensures that important state-level protections for people with disability — including worker screening, authorisation of restrictive practices, coronial oversight of deaths in care, and community visitor programs — continue under the new national framework.
Who it affects
People with disability receiving high-level NDIS supports in Queensland retain existing safety protections. Disability workers face a broader range of disqualifying offences that permanently bar them from the sector, and registered NDIS providers must comply with Queensland's restrictive practices and reporting requirements.
Key changes
- Queensland retains responsibility for authorising the use of restrictive practices (containment, seclusion, restraint) for adults with intellectual or cognitive disability under the NDIS
- Expanded disqualifying offences for disability worker screening — bestiality, kidnapping or abduction of a child, and murder or rape of an adult now permanently bar a person from holding a yellow card
- Deaths of NDIS participants receiving high-level supports must continue to be reported to the State Coroner as deaths in care
- Community visitors continue visiting NDIS-funded accommodation sites, and registered providers must give the public guardian information about these sites (penalty of 25 penalty units for non-compliance)
- Confidential information including criminal history and worker screening outcomes can be shared with the NDIS Commissioner and interstate worker screening units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Mar 2019View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Education, Employment and Small Business Committee examined the bill over several weeks, receiving five submissions and holding a public hearing. The committee unanimously recommended the bill be passed, recognising the urgency of aligning Queensland legislation with the Commonwealth NDIS framework ahead of Queensland becoming a full participating jurisdiction on 1 July 2019. Stakeholders raised concerns about the narrowed definition of 'death in care' and reduced scope of 'visitable sites' for community visitors, but the committee accepted the amendments were necessary for a consistent national approach.
Key findings (5)
- The bill was necessary to facilitate Queensland becoming a participating jurisdiction in the NDIS from 1 July 2019, aligning state legislation with the Commonwealth regulatory framework.
- Stakeholders including Queenslanders with Disability Network and the Public Advocate raised concerns that the amended definition of 'death in care' may narrow coronial oversight and reduce safeguards for vulnerable people with disability.
- The Public Guardian and Public Advocate warned that changes to the definition of 'visitable site' could reduce the scope of community visitor protections for people with disability.
- The committee accepted that broad transitional regulation-making powers were justified given the complexity of NDIS transition, noting they included a sunset clause expiring three years after commencement.
- The committee found the expanded list of disqualifying offences for disability worker screening (yellow cards) was consistent with recent amendments to the Working with Children Act.
Recommendations (1)
- The committee recommends the Disability Services and Other Legislation (NDIS) Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading11 June 2019View Hansard
▸32 members spoke32 support
Spoke in support of the bill, highlighting local disability services in the bayside and the importance of ensuring Queensland's quality and safeguards framework operates alongside the Commonwealth NDIS framework.
“Taking care of vulnerable members of our community is something that the Palaszczuk Labor government does so well.”— 2019-06-12View Hansard
As Minister for Disability Services, moved the second reading and outlined the bill's urgent amendments to support the NDIS Quality and Safeguards Commission commencing in Queensland from 1 July 2019, including expanded disqualifying offences for disability worker screening and maintained restrictive practices frameworks.
“The Palaszczuk government is committed to ensuring people with disability in Queensland can access quality services in safe environments.”— 2019-06-11View Hansard
Supported the bill as an excellent step forward. Spoke about the importance of the Taxi Subsidy Scheme's lift fee for maintaining dignity for constituents with disabilities, and congratulated the new federal NDIS minister.
“The LNP will not oppose this bill. In fact, it will support this bill as it is an excellent step forward for those with high needs in our communities.”— 2019-06-12View Hansard
As LNP shadow minister, confirmed the LNP will not oppose the bill. Credited the former Newman LNP government for laying the NDIS groundwork in Queensland and criticised Labor for leaving the urgent legislation to the last minute before the 1 July 2019 deadline.
“I confirm that the Liberal National Party will not be opposing this important piece of legislation in Queensland.”— 2019-06-11View Hansard
Supported the bill, detailing the NDIS rollout challenges in Ipswich and criticising the federal government for short-changing the NDIS by $1.6 billion. Highlighted concerns about inadequate NDIS plans and under-utilisation in regional and CALD communities.
“People with disabilities deserve nothing less than to live their lives independently and with dignity.”— 2019-06-12View Hansard
As committee chair, supported the bill as the next important step in transitioning Queensland to the NDIS. Addressed stakeholder concerns about the narrowed definitions of 'death in care' and 'visitable site' and acknowledged the complexity of the transition.
“This bill is the next important step in transitioning Queensland to the National Disability Insurance Scheme, a scheme that will change the way that disability services are funded and delivered.”— 2019-06-11View Hansard
Supported the bill as a sensible and necessary next step in Queensland's NDIS transition. Emphasised the importance of worker screening to protect vulnerable people, drawing on his experience as a former police detective.
“Predators and those who seek to do harm prey on those who are most vulnerable, a fact I came to know all too well in my work as a detective with the Queensland Police.”— 2019-06-12View Hansard
As committee deputy chair, supported the bill but criticised the government for poor management of House business and leaving critical legislation to the last sitting date. Highlighted stakeholder concerns about the definitions of 'visitable site' and 'death in care'.
“Here we have yet another bill that was flicked to the EESBC due to the poor management of business in the House under this incompetent Palaszczuk Labor government.”— 2019-06-11View Hansard
Supported the bill with bipartisan endorsement, but raised concerns about people falling through cracks during transition, particularly regarding health supports for people with complex disabilities and the narrowed definitions of 'death in care' and 'visitable site'.
“Too many times people with disabilities and their families can find themselves isolated from the community because of a lack of support.”— 2019-06-12View Hansard
Supported the bill, sharing stories of NDIS rollout in the Mackay community and highlighting the importance of worker screening. Praised local disability service providers including Endeavour Foundation and Crossroad Arts.
“At the end of the day each service is only as good as the quality of its workers.”— 2019-06-11View Hansard
Supported the bill as an important step in the NDIS transition. Criticised the government's management of the transition and the delayed decision on the Taxi Subsidy Scheme, and raised concerns about narrowed 'death in care' definitions.
“It is essential that all Queenslanders living with a disability are supported. It is essential that the transition from a state based approach to a national approach is better managed than it has been to date.”— 2019-06-12View Hansard
Supported the bill and credited the former LNP government for laying the groundwork for Queensland's NDIS transition, including the work of former minister Tracy Davis. Criticised Labor for taking over a year to finalise bilateral agreement arrangements and leaving urgent amendments to the last minute.
“We on this side have a strong history of delivering better outcomes for Queenslanders with disability and will support the bill to ensure that Queensland has the most robust legislation in place.”— 2019-06-11View Hansard
Supported the bill, outlining the objectives of the legislation to ensure Queensland's legislative framework is in place for NDIS commission commencement from 1 July 2019.
“It is also important that this bill progresses urgent and critical amendments to reflect the new roles and responsibilities under the NDIS Quality and Safeguarding Framework from 1 July 2019.”— 2019-06-12View Hansard
Supported the bill as the next step in transitioning to the NDIS. Highlighted the government's commitment to continuing the Taxi Subsidy Scheme for NDIS participants and called on the federal government to meet its NDIS responsibilities.
“The Palaszczuk government wants to ensure that Queensland is a place where people with disability have equal access to opportunities and can contribute to and participate in all that our beautiful state has to offer.”— 2019-06-11View Hansard
Supported the bill as a necessary step forward in Queensland's NDIS transition. Acknowledged the challenges service providers have faced, paid tribute to local disability organisations, and highlighted the importance of yellow card screening provisions.
“I have nothing but admiration and deep respect for the many volunteers and individuals who work with vulnerable Queenslanders every day of the week.”— 2019-06-12View Hansard
As a committee member, supported the bill. Noted it was very technical and the committee had limited time to review it. Highlighted the importance of disability services in regional areas and the alignment of yellow card screening with the blue card system.
“If what we are trying to achieve here is ensuring that the people who need these services are looked after then I have no problem supporting this bill.”— 2019-06-11View Hansard
Supported the bill but raised significant concerns about NDIS service capacity in regional and rural Queensland. Highlighted the importance of the Taxi Subsidy Scheme for his remote electorate and the role of organisations like Yumba Bimbi Support Services.
“The problem for disabled Queenslanders in inland communities is that their choices are severely restricted by the range of providers and services that are available.”— 2019-06-12View Hansard
Supported the bill and highlighted the NDIS jobs boost in the individual support area. Praised the Skilling Queenslanders for Work initiative training disability support workers through Multicap in Rockhampton.
“The introduction of the NDIS has created a jobs boost in the individual support area for people caring for those with a disability.”— 2019-06-11View Hansard
Supported the bill as a bipartisan measure to ensure Queensland's accountability frameworks remain in place during the NDIS transition. Raised concerns about NDIS letters sent to deceased Queenslanders and the premature Taxi Subsidy Scheme cut.
“This bill should help to ensure that Queensland's accountability frameworks remain in place as the transition continues and such issues can be dealt with.”— 2019-06-12View Hansard
Did not oppose the bill but criticised the government's handling of the NDIS transition, citing mismanaged letters to deceased families, the Taxi Subsidy Scheme debacle, and Queensland Audit Office findings that fewer than 60 per cent of eligible people would be in the program by full rollout.
“This bill is a sensible and necessary step in Queensland's transition to the Disability Insurance Scheme.”— 2019-06-11View Hansard
Supported the bill, acknowledging its alignment with the changing roles under the NDIS framework. Raised concerns about unresolved issues including costs for disability providers, potential loss of participants should organisations falter, and thanked the minister for the Taxi Subsidy Scheme extension.
“My sincere thanks are extended to Queensland's all-abilities service providers and their volunteers for their tireless work and advocacy on behalf of the people within their care and their families.”— 2019-06-12View Hansard
Strongly supported the bill, drawing on his nursing experience working with people with disabilities. Emphasised the NDIS's focus on empowering people and praised the bill's provisions on restrictive practices oversight, worker screening, and information sharing.
“At the heart of the NDIS, this is what it is about... as a carer, I was there to empower people.”— 2019-06-11View Hansard
Strongly supported the bill and the NDIS as one of Australia's most important pieces of social infrastructure. Shared positive NDIS stories from Toowoomba including a boy receiving a new wheelchair and a woman completing a traineeship funded by the NDIS.
“I consider the NDIS one of most important pieces of social infrastructure in this nation.”— 2019-06-12View Hansard
Supported the bill as a sensible and necessary step for NDIS participation. Criticised Labor's management of the transition, noting constituents frightened by the Taxi Subsidy Scheme cut and issues with the Darling Downs Hospital withdrawing as an NDIS provider.
“This bill is a sensible and necessary step to enable Queensland's participation in the NDIS scheme and the LNP will be supporting the bill.”— 2019-06-11View Hansard
Supported the bill as sensible and necessary. Highlighted the LNP's role in signing the NDIS agreement and shared a constituent's success story of finally receiving a disability pension and NDIS assessment after cross-party advocacy.
“This is about taking those individuals who, for whatever reason, are unable to continue to do or have never been able to do what we here can do, through pain or disability, and receive the funding they need.”— 2019-06-12View Hansard
Supported the bill, highlighting world-class disability services in her electorate including Youngcare and Montrose Access. Praised the government's continuation of the Taxi Subsidy Scheme, sharing constituent stories about its importance for maintaining employment.
“Here is a person who has a disability who has a job she loves and was looking to have to cut back because she could not afford transport to and from work.”— 2019-06-11View Hansard
Supported the bill as the final step in Queensland's NDIS transition. Praised the NDIS as a great Labor reform and criticised the federal government for cutting $3 billion from the NDIS. Highlighted local providers including Myhorizon and Multicap.
“The NDIS is a great Labor reform. Only a Labor government would have conceived such a visionary program which has transformed the way people with a disability are treated in the Australian community.”— 2019-06-12View Hansard
Supported the bill, focusing on amendments to the Coroners Act. Referenced the Public Advocate's 2016 report finding 59 per cent of deaths in care were unexpected and 53 per cent potentially avoidable, and asked for the Coroner's role to be reviewed.
“Without a deliberate strategy and considered effort, these issues will not change with the introduction of the NDIS.”— 2019-06-12View Hansard
Supported the bill as providing the necessary legislative framework for Queensland's NDIS participation. Noted 18 per cent of Queenslanders live with a disability and highlighted the importance of the expanded disqualifying offences for yellow cards.
“For many years people with disabilities wanted a system that provides access to services centred on their needs and which enables them to have a better quality of life, more independence, and choice over which supports and services they want to use.”— 2019-06-12View Hansard
Supported the bill as a sensible and necessary step. Highlighted local NDIS programs on the Gold Coast including Specialcise for children with special needs and Headway ABI for acquired brain injuries, and commended the Taxi Subsidy Scheme reversal.
“Queenslanders living with disabilities are a tough breed. They deserve every bit of support we can manage, and this bill ensures Queensland is ready to support the rollout of the NDIS from 1 July.”— 2019-06-12View Hansard
Supported the bill, noting the lack of registered NDIS service providers in the Condamine electorate with most located in Toowoomba, making the Taxi Subsidy Scheme particularly important for his constituents.
“The Condamine electorate has very few registered service providers, with most providers of the NDIS being located in Toowoomba, which is a considerable distance for many people with a disability.”— 2019-06-12View Hansard
As minister, delivered the reply defending the government's NDIS transition record. Criticised the LNP's record including cutting $642 million from disability services and refusing an NDIS trial. Detailed the government's reinstatement of services including the Taxi Subsidy Scheme.
“From 2012-13 the LNP cut $642 million from the Disability Services budget in forward estimates. The number of people on the register of need grew from 5,967 to more than 17,000, and more than 600 positions were cut from Disability Services.”— 2019-06-12View Hansard
▸In Detail11 June 2019 – 12 June 2019View Hansard
Government amendments 1-15 moved en bloc to ensure consistency between the yellow card (disability worker screening) and blue card (working with children) systems, elevate additional offences including choking in a domestic setting and child cruelty to serious and disqualifying offence lists, establish transition arrangements for existing cardholders with prior convictions for newly listed offences, and set commencement date to 1 July 2019.
Vote on a motion
This division occurred during a separate motion debated within the same sitting day, not during the NDIS bill debate itself. The bill passed on voices with bipartisan support.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (38)
Noes (48)
Assent date: 24 May 2019