National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026
Mr BUTLER (Hindmarsh—Minister for Disability and the National Disability Insurance Scheme, Minister for Health and Ageing and Deputy Leader of the House) (17:28): I thank all members of the crossbench and the member for Ryan for their contributions to this important piece of legislation. I now present a supplementary explanatory memorandum to the bill and an addendum to the explanatory memorandum to the bill.
I ask leave of the House to move government amendments (1) to (6) on sheet ST122, as circulated, together. Leave granted. Mr BUTLER: I won't detain the House.
The rationale behind these amendments is contained in the documents just presented by the government. Essentially, these six amendments clarify our original intention in relation to the revocation or suspension of plant and the process that the agency would go through for that, as well as a drafting clarification, particularly around the operation of the requirement for appropriate treatment—namely, no requirement for additional treatment where a participant has already undertaken appropriate treatment.
I commend the amendments to the House and I move: (1) Schedule 1, item 79, page 30 (after line 17), after subsection 30(1A), insert: (1B) The CEO cannot be satisfied that reasonable attempts to contact the participant have been made as mentioned in subparagraph (1A)(a)(i) unless the CEO is satisfied that the requirements in subsection (1C) are met in relation to: (a) unless paragraph (b) or (c) applies—the participant; or (b) if the participant has a nominee—the participant's nominee; or (c) if the participant does not have a nominee but has another authorised contact or representative—that other authorised contact or representative.
(1C) The requirements in this subsection are met in relation to the person mentioned in paragraph (1B)(a), (b) or (c) (as applicable) if: (a) at least 5 attempts have been made to contact the person using the person's preferred form of contact; and (b) the last of those attempts was made at least 3 months, and not more than 4 months, after the first of those attempts; and (c) if the person's preferred form of contact is not in writing—at least one additional attempt has been made, during the period between the first and last of the attempts mentioned in paragraph (a), to contact the person in writing.
(1D) If the person the CEO is attempting to contact is the participant, an attempt does not count for the purposes of subsection (1C) if, before suspending the plan, the CEO becomes aware that at the time the attempt was made, the participant was in the care of a hospital or other institution, or experiencing homelessness. (2) Schedule 1, item 83, page 31 (after line 13), after subsection 40A(1), insert: (1A) The CEO cannot be satisfied that reasonable attempts to contact the participant have been made as mentioned in paragraph (1)(a) unless the CEO is satisfied that the requirements in subsection (1B) are met in relation to: (a) unless paragraph (b) or (c) applies—the participant; or (b) if the participant has a nominee—the participant's nominee; or (c) if the participant does not have a nominee but has another authorised contact or representative—that other authorised contact or representative.
(1B) The requirements in this subsection are met in relation to the person mentioned in paragraph (1A)(a), (b) or (c) (as applicable) if: (a) at least 5 attempts have been made to contact the person using the person's preferred form of contact; and (b) the last of those attempts was made at least 3 months, and not more than 4 months, after the first of those attempts; and (c) if the person's preferred form of contact is not in writing—at least one additional attempt has been made, during the period between the first and last of the attempts mentioned in paragraph (a), to contact the person in writing.
(1C) If the person the CEO is attempting to contact is the participant, an attempt does not count for the purposes of subsection (1B) if, before suspending the plan, the CEO becomes aware that at the time the attempt was made, the participant was in the care of a hospital or other institution, or experiencing homelessness. (3) Schedule 1, item 89, page 34 (lines 15 to 17), omit paragraph 24(5)(b).
(4) Schedule 1, item 89, page 34 (line 18), omit "(c)", substitute "(b)". (5) Schedule 1, item 91, page 35 (lines 7 to 9), omit paragraph 25(1B)(b). (6) Schedule 1, item 91, page 35 (line 10), omit "(c)", substitute "(b)".
Question agreed to.