Disability Services and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill extends Queensland's disability safeguards to providers funded through the National Disability Insurance Scheme (NDIS) as the scheme rolls out from 2016. It makes sure NDIS participants keep the same state-based protections - worker screening, complaints handling, community visitor checks and coroner oversight - that currently apply to people funded directly by the Queensland Government.
Who it affects
People with disability using the NDIS, their families, disability support workers, and non-government providers delivering NDIS-funded services. Providers will face new Queensland compliance checks on top of their NDIS registration.
Key changes
- NDIS non-government providers must follow Queensland's complaints system, criminal history screening and restrictive practices rules
- Workers and volunteers engaged by NDIS providers need a positive notice (yellow card style check) before starting or continuing work
- Authorised officers can enter NDIS provider premises with consent, a warrant, or because it is a place of business, and can require information where there are concerns about abuse, neglect or non-compliance (penalties up to 50 penalty units)
- The Coroner can investigate deaths in care of NDIS participants living in disability accommodation
- Community visitors can visit places where NDIS participants with impaired capacity live
- Substitute decision-makers under guardianship and enduring power of attorney can make decisions about services provided to the person (relevant for NDIS plans)
- The disability services department can request identifying information from other departments to reconcile NDIS funding
- The new monitoring powers (Part 6A) expire on 30 June 2019 and the Minister must review the Act's impact by then
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Dec 2015View Hansard
Referred to Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill and recommended it be passed with two additional recommendations. The bill amended Queensland's disability services legislation to support the transition to the National Disability Insurance Scheme (NDIS), including re-introducing investigation and enforcement powers into the Disability Services Act and enabling information sharing between departments to monitor Queensland's NDIS funding contribution. The Queensland Government accepted all three recommendations.
Key findings (5)
- The bill supported Queensland's transition to the NDIS by amending the Disability Services Act 2006 and related legislation
- Investigation, monitoring and enforcement powers were re-introduced into the Disability Services Act from the Community Services Act to maintain oversight during the NDIS transition
- The committee identified a drafting issue in clause 44 regarding which provisions apply to authorised officers, leading to Recommendation 2
- Information sharing provisions in clause 50 enabled departments to exchange personal data about potential NDIS-eligible persons to monitor Queensland's funding contribution
- Stakeholders raised broader issues about the Disability Services Act that fell outside the scope of the bill, prompting a recommendation for the department to consider these during its scheduled review
Recommendations (3)
- The committee recommends that the Disability Services and Other Legislation Amendment Bill 2015 be passed.
- The committee recommends that new section 200F of the Disability Services Act 2006, as inserted by clause 44, be amended to clarify that both Divisions 3 and 4 of Part 6A of the Disability Services Act 2006 apply to authorised officers instead of Part 4, Divisions 3 and 4 of the Community Services Act 2007.
- The committee recommends that the Department of Communities, Child Safety and Disability Services considers those issues raised by submitters which do not relate directly to the bill, as part of its review of the Disability Services Act 2006 to be completed by 30 June 2019.
Committee report tabled
▸Second Reading15 Mar 2016View Hansard
▸17 members spoke17 support
As minister, introduced and commended the bill to facilitate Queensland's transition to the NDIS, emphasising that it prevents a two-tiered safeguard system and extends quality protections to all NDIS participants.
“This bill gets it right. It will prevent the creation of a two-tiered system where Queenslanders with disability would otherwise have widely divergent safeguards in place, depending on the source of their funding for their supports.”— 2016-03-15View Hansard
Supported the bill and the NDIS transition, acknowledging the LNP's role in signing the heads of agreement, while urging the government to address stakeholder concerns and ensure adequate resourcing for compliance monitoring.
“The LNP supports the introduction of the NDIS in Queensland. It is why we signed the heads of agreement. We will not oppose the passing of this bill.”— 2016-03-15View Hansard
Supported the bill as committee chair, highlighting its importance in preventing a two-tier system and drawing on personal experience with family members living with intellectual disability.
“The move away from a crisis model where families only receive support if they are unable to continue in their caring role and there are no other options to one that responds to each individual's goals and aspirations for their lifetime, where people have real choice and control over their supports, will make a meaningful difference.”— 2016-03-15View Hansard
Supported the bill and the NDIS transition, emphasising the need for transparency, accountability, and rights-based education for carers and families of people with disabilities.
“Ensuring that the rights, safeguards and protections of those with disabilities are maintained is a fundamental responsibility of all elected members of the current Queensland parliament.”— 2016-03-15View Hansard
Strongly supported the bill, describing the NDIS as an economic reform empowering individual consumer choice and warning of risks from new market entrants that this bill's safeguards would mitigate.
“This bill recognises that the way we regulate organisations that provide services to people with a disability will need to change as the NDIS drives a change in the way that services are provided.”— 2016-03-15View Hansard
Supported the bill, emphasising the importance of a robust quality and safeguards framework for the NDIS transition and noting that the scheme is on time and on budget nationally.
“A robust quality and safeguards framework is critical to ensure vulnerable people have the necessary protections and receive supports that are of a high quality.”— 2016-03-15View Hansard
Supported the bill, highlighting anticipation for the NDIS in his electorate and praising the transfer of existing quality and safeguard frameworks to the new system.
“As a society we have a responsibility to care for those in need and to ensure that they have access to a dignified life.”— 2016-03-15View Hansard
Supported the bill on a bipartisan basis, acknowledging the former LNP minister's preparatory work and emphasising the importance of extending NDIS safeguards to match existing state protections.
“It is important that we continue to ensure a coordinated, whole-of-government approach to the rollout of the NDIS and update our existing legislation to meet the provisions of the NDIS.”— 2016-03-15View Hansard
Supported the bill, commending the minister's work on the early launch of the NDIS in Townsville, Palm Island and Charters Towers and noting the scheme would create 13,000 jobs in Queensland.
“We need to ensure that we get the legislation and policy checks and balances right and correct before the implementation of the NDIS statewide.”— 2016-03-15View Hansard
Supported the bill drawing on extensive personal experience in disability advocacy, emphasising the importance of person-centred approaches and community inclusion over segregated support.
“We do not want segregated support; we want inclusion where people with all sorts of disabilities are part of the mainstream community.”— 2016-03-15View Hansard
Strongly supported the bill, tracing the history of disability reform from the 2011 Productivity Commission report through to the NDIS launch by Julia Gillard and criticising the former LNP government for refusing to fund a pilot program.
“For people with a disability, it marks the beginning of hope for the future.”— 2016-03-15View Hansard
Supported the bill on a bipartisan basis, sharing stories of Paralympians and disability service organisations in his electorate and acknowledging the NDIS as enabling legislation with bipartisan support.
“This is enabling legislation that paves the way for the local implementation of the NDIS. It does have bipartisan support.”— 2016-03-15View Hansard
Supported the bill, sharing stories of supported workers at the Mackay Endeavour workshop and emphasising the need for legislative safeguards to protect clients exercising new choices under the NDIS.
“The choice that the NDIS will bring is welcomed by the parent groups, but we also need to make sure that we look after them so that they have the support that they need.”— 2016-03-15View Hansard
Supported the bill, acknowledging local disability service providers and expressing hope that the NDIS would assist with funding and service delivery for families caring for loved ones with disabilities.
“I am sure that, with common sense and a proper process, the NDIS will work well and will really improve circumstances for everyone.”— 2016-03-15View Hansard
Supported the bill, emphasising the importance of maintaining legislative safeguards including complaints management, criminal history screening and restrictive practices frameworks during the NDIS transition.
“Queenslanders with disabilities need certainty and protection. We need to get the NDIS right.”— 2016-03-15View Hansard
Supported the bill as Housing Minister, highlighting the connection between the NDIS and accessible housing, including the work of organisations like Youngcare and universal design standards for social housing.
“This plan is ultimately about dignity and it is about respect.”— 2016-03-15View Hansard
Supported the bill, emphasising the need for a robust legislative framework to prevent clients falling through the cracks during the NDIS transition and acknowledging local disability service providers in her electorate.
“A robust, independent and strong legislative framework is essential to ensuring that clients' needs are being met and that the services provided are of the highest quality.”— 2016-03-15View Hansard
▸In Detail15 Mar 2016View Hansard
Amendment to clause 2 changing the commencement date to 1 April 2016 to align with Queensland's early launch of the NDIS.
Amendments 2 to 4 to clause 44 clarifying the powers of authorised officers under new Part 6A by removing duplicative provisions and correcting a subdivision reference, as recommended by the committee.
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards