SenateSen Karen Grogan · SenateTuesday 18 August 2026

National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026

The TEMPORARY CHAIR ( Senator Grogan ) (20:16): The question now is that amendments (1) to (6) and (8) to (23) on sheet ST128 and amendments (1) to (6) and (8) to (10) on sheet IC116 revised be agreed to. Government's circulated amendments— SHEET ST128 (1) Clause 2, page 2 (table item 10), omit the table item, substitute: 10. Schedule 3, Parts 1 to 3 The seventh day after this Act receives the Royal Assent. 10A.

Schedule 3, Part 4 1 July 2027. 1 July 2027 10B. Schedule 3, Part 5 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10C. Schedule 4 The seventh day after this Act receives the Royal Assent.

(2) Schedule 1, item 4, page 4 (lines 20 and 21), omit paragraph 9B(1)(a), substitute: (a) either without assistance from other people, assistive technology or modifications, or only with: (i) assistance from assistive technology or modifications that are commonly used and that the person would ordinarily use to undertake the activity; and (ii) if the person is a child—assistance from other people that is appropriate to the person's age; and (3) Schedule 1, item 4, page 5 (line 12), at the end of subsection 9B(3), add: ; or (d) assistive technology or modifications that are, or are not, taken to be commonly used for the purposes of subparagraph (1)(a)(i).

Note: If a particular assistive technology or modification is not prescribed by the National Disability Insurance Scheme rules under paragraph (d), the expression "commonly used" has its ordinary meaning in relation to that assistive technology or modification. Glasses and walking sticks are examples of assistive technology or modifications that are commonly used within the ordinary meaning of that expression.

(4) Schedule 1, item 13, page 7 (line 14), omit "48(4)", substitute "48(4A)". (5) Schedule 1, item 20, page 8 (lines 26 to 32), omit subsection 48(4), substitute: (4) If the CEO does not make a decision under paragraph (3)(a), (b) or (c) before the end of the period of 90 days, the CEO is taken to have decided not to conduct a reassessment of the plan. (4A) Subsection (3) does not apply if, before the end of the period of 90 days, the CEO gives the participant written notice under subsection 32B(2A) that the participant is to have new framework plans.

Note: In this case, subsections 32(3) and (4) apply instead to require the CEO to facilitate the preparation of a new framework plan for the participant. (6) Schedule 1, item 21, page 10 (lines 4 and 5), omit "an unanticipated, significant", substitute "a significant". (8) Schedule 1, item 34, page 12 (after line 31), after subclause 34A(1C), insert: (1CA) If the determination specifies an excluded subgroup, the determination may specify, in relation to the class of participants' plans to which the percentage applies, a subclass of plans for the purposes of subsection (2A).

The subclass may be specified by reference to matters relating to the plans, or the participants, or both, including matters identified by reference to information in records held by the Agency. (9) Schedule 1, item 34, page 14 (lines 4 to 8), omit paragraph (b) of the definition of Net FCA in subclause 34A(2A), substitute: (b) if: (i) the determination specifies an excluded subgroup within the specified group; and (ii) for a determination that specifies a subclass of plans as mentioned in subsection (1CA)—the plan is in the specified subclass; the funding component amount stated in the plan for the group of supports minus so much of the funding component amount as is attributable to the supports in the excluded subgroup.

(10) Schedule 1, Part 4, page 14 (after line 24), at the end of the Part, add: 34A After section 47A Insert: 47B Variation of participant's plan when determination under section 34A takes effect Request for variation (1) If: (a) a determination under section 34A reducing funding for groups of supports (the section 34A determination) starts to apply in relation to a participant's plan; and (b) the section 34A determination has the effect that the total funding amount stated in the plan is taken instead to be the amount as reduced under paragraph 34A(2)(c); and (c) the participant is a high support needs participant; the participant may, in the approved form (if any), request the CEO to vary the plan under subsection (8).

(2) For the purposes of this section, a high support needs participant is a participant who is a member of the class of participants specified in a determination made under paragraph (12)(a). (3) The participant's request must be made: (a) unless paragraph (b) applies—before the end of the period of 90 days beginning on the day the section 34A determination started to apply in relation to the plan; or (b) if, because of exceptional circumstances, the CEO, by notice in writing given to the participant, extends that period—by the end of the period as extended.

Decisions on request (4) The CEO must, before the end of the period of 21 days beginning on the day the request is made: (a) decide whether the participant is a high support needs participant; or (b) inform the participant that the CEO requires further time to decide whether or not the participant is a high support needs participant. (5) If the CEO decides that the participant is a high support needs participant, the CEO must, before the end of the period of 21 days beginning on the day that decision is made: (a) having regard to a determination (if any) made under paragraph (12)(b), either: (i) vary the plan under subsection (8); or (ii) decide not to vary the plan; or (b) inform the participant that the CEO requires further time to decide whether or not to vary the plan under subsection (8).

(6) The CEO is taken to have decided not to vary the plan if the CEO does not do a thing referred to in subsection (4) or (5) within the period applicable. Note: Notice of a decision that the CEO is taken to have made must be given because of subsection 100(1) and will be automatically reviewed because of subsection 100(5). (7) If, under paragraph (4)(b) or (5)(b), the CEO informs the participant that the CEO requires further time to make the decision mentioned in the paragraph, the CEO must then make the decision as soon as reasonably practicable.

Variation (8) The CEO may vary the plan to increase the funding component amount stated in the plan for one or more groups of supports covered by subsection (9). However, the CEO must not do so in a way that would result in funding component amounts stated in the plan for groups of supports being increased by an amount that, in total, would exceed the difference between the 2 amounts mentioned in paragraph (1)(b).

(9) For the purposes of subsection (8): (a) the following groups of supports are covered by this subsection: (i) assistance with daily living; (ii) home and living; (iii) any group of supports specified under paragraph (12)(c); and (b) the following groups of supports are not covered by this subsection: (i) assistance with social, economic and community participation; (ii) improved daily living skills.

(10) A variation may be different from the variation requested. Copy of varied plan to be provided (11) If the plan is varied, the Agency must provide a copy of the varied plan to the participant within 7 days of the variation taking effect. Determinations (12) The Minister may, by legislative instrument, make a determination specifying any of the following: (a) a class of participants for the purposes of subsection (2); (b) for the purposes of paragraph (5)(a)—any of the following in relation to the decision whether to vary a plan under subsection (8) or not to vary a plan: (i) methods or criteria to be applied; (ii) matters that may, must or must not be taken into account; (iii) circumstances in which a matter is or is not taken to exist in relation to a person; (c) a group of supports for the purposes of subparagraph (9)(a)(iii).

(13) A class of participants may be specified as mentioned in paragraph (12)(a) by reference to matters relating to participants' plans, or participants, or both, including matters identified by reference to information in records held by the Agency. Note: Broadly, high support needs participants are those who require continuous 24-hour care to meet disability-related care needs arising directly from impairments in relation to which the participant meets the disability requirements (see section 24) or meets the early intervention requirements (see section 25). 34B Subsection 99(1) (after table item 6B) Insert: 6BA a decision whether a participant is a high support needs participant paragraph 47B(4)(a) CEO 6BB a decision to vary a participant's plan subparagraph 47B(5)(a)(i) CEO 6BC a decision not to vary a participant's plan subparagraph 47B(5)(a)(ii) or subsection 47B(6) CEO 34C Subparagraph 100(1A)(a)(ii) After "47A(5)", insert ", 47B(6)". 34D Paragraph 100(5)(b) After "47A(5)", insert ", 47B(6)". 34E Subparagraph 100(6A)(b)(ii) After "47A(5)", insert ", 47B(6)". 34F Subparagraphs 101(2)(a)(ii) and (b)(i) After "47A(1)", insert "or 47B(8)". 34G Subparagraph 103(2)(c)(i) After "47A(1)", insert "or 47B(8)".

(11) Schedule 1, item 73, page 29 (lines 6 to 12), omit subsection 34(1H), substitute: (1H) For the purposes of subsection (1G), substantial care and support: (a) includes supervision, personal care, transport, emotional support and behavioural support; and (b) does not include additional care and support required for the child, because the child's care and support needs are substantially greater than those of other children of a similar age because of the child's disability.

Note: A child is a person who is under 18 years of age, see section 9. (12) Schedule 1, item 73, page 29 (line 24) to page 30 (line 5), omit subsection 34(1K), substitute: (1K) For the purposes of paragraph (1)(e), the CEO must consider: (a) whether relying on family, carers, informal networks or the community to provide support would expose a participant or another person to a risk of harm, abuse or neglect that cannot be reasonably mitigated; and (b) the desirability of supporting, maintaining and strengthening informal supports and community networks in preference to replacing those supports and networks with funded supports; and (c) the capacity of the participant's family or carers to provide support, having regard to: (i) the age of the participant's family and carers; and (ii) the intensity and type of support required; and (iii) whether it is age and gender appropriate for any particular family member or carer to provide that support.

(13) Schedule 1, item 97, page 40 (after line 25), after subsection 25B(3), insert: When a law is taken to provide for compensation etc. (3A) For the purposes of paragraphs (2)(b) and (3)(b): (a) a law is taken, at a particular time, to provide for compensation or other benefits for or in respect of an impairment if circumstances prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exist at that time; and (b) a law is taken, at a particular time, not to provide for compensation or other benefits for or in respect of an impairment if circumstances prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exist at that time.

(3B) Without limiting paragraphs (3A)(a) and (b), National Disability Insurance Scheme rules made for the purposes of those paragraphs may prescribe circumstances by reference to whether an application for the compensation or other benefits: (a) could be made under the law; or (b) has been made, granted or refused under the law (whether at all or within a particular timeframe).

(14) Schedule 1, item 97, page 40 (lines 27 to 30), omit subsection 25B(4) (not including the heading), substitute: (4) An impairment is an excluded impairment at a particular time if: (a) a support is declared by the National Disability Insurance Scheme rules to be an alternative support for the impairment for the purposes of this paragraph; and (b) circumstances (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exist at that time.

(15) Schedule 1, item 97, page 40 (line 31), omit "subsection (4)", substitute "paragraph (4)(a)". (16) Schedule 1, item 99, page 41 (line 15), omit "and (1)(b) and subsection 25B(4)", substitute "and (b), (3A)(a) and (b) and (4)(a) and (b)". (17) Schedule 1, item 101, page 41 (lines 20 to 23), omit the item, substitute: 101 Application — revocation of participant status Paragraph 30(1)(c) of the National Disability Insurance Scheme Act 2013, as inserted by this Part, applies in relation to a person who becomes a participant on or after the commencement of this item.

(18) Schedule 2, item 86, page 81 (line 19), at the end of subsection 182(4), add: ; and (e) the person cannot otherwise demonstrate an entitlement to receive the NDIS amount. (19) Schedule 3, page 87 (before line 3), before item 1, insert: 1A After section 32K Insert: 32KA Increasing funding for stated supports under new framework plans to reflect changes in maximum amounts under section 45C (1) If the Minister makes or varies a determination under section 45C, the Minister may also consider whether to make a determination under this section.

The Minister must not make a determination under this section in any other circumstances. (2) The Minister may, by legislative instrument, determine, in relation to new framework plans generally, or a class of new framework plans: (a) an increase, or a method for working out an increase, in relation to a specified stated support or a specified class of stated supports; and (b) a day, or a method for working out a day, (the indexation day) on which the increase takes effect; and (c) a method for applying the increase on the indexation day.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination (see regulations made for the purposes of paragraph 54(2)(b) of that Act). (3) The Minister must determine an increase or method for working out an increase by reference to whether the making or variation of the determination under section 45C has resulted in a higher maximum amount than was previously the case for the acquisition or provision of the specified support or the supports in the specified class.

(4) On the indexation day, the determination has the effect, in relation to each new framework plan to which it applies, that the total funding amount for the specified stated support or specified class is taken to be increased in accordance with the method determined for the purposes of paragraph (2)(c). Note: This means that the total funding amount for the support or class of supports, as increased, is the total funding amount that has effect for the purposes of references in this Act to the total amount of funding provided under a plan for a stated support or class of stated supports (for example, in paragraphs 45(4)(b)).

(5) The determination does not have the effect of altering, or requiring alterations to, the text of the plans to which it applies. 32KB Increasing funding for flexibly funded supports under new framework plans to reflect changes in maximum amounts under section 45C (1) If the Minister makes or varies a determination under section 45C, the Minister may also consider whether to make a determination under this section.

The Minister must not make a determination under this section in any other circumstances. (2) The Minister may, by legislative instrument, determine, in relation to new framework plans generally, or a class of new framework plans: (a) an increase, or a method for working out an increase, in relation to a category of NDIS supports; and (b) a day, or a method for working out a day, (the indexation day) on which the increase takes effect; and (c) a method for applying the increase on the indexation day.

Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination (see regulations made for the purposes of paragraph 54(2)(b) of that Act). (3) The Minister must determine an increase or method for working out an increase by reference to whether the making or variation of the determination under section 45C has resulted in a higher maximum amount than was previously the case for the acquisition or provision of the category of supports to which the determination relates.

(4) On the indexation day, if the category of supports to which the determination relates is included in the needs assessment report for a new framework plan to which the determination applies, the determination has the following effect in relation to the plan: (a) the portion of the flexible funding under the plan that is attributable to the category of supports is taken to be increased in accordance with the method determined for the purposes of paragraph (2)(c); and (b) the total funding amount for flexible funding under the plan is taken to be correspondingly increased.

Note: This means that the total funding amount for the category of supports as increased, is the total funding amount that has effect for the purposes of references in this Act to the total amount of funding provided under a plan for a stated support or class of stated supports (for example, in paragraphs 45(4)(a)). (5) The determination does not have the effect of altering, or requiring alterations to, the text of the plans to which it applies.

(20) Schedule 3, page 102 (after line 12), before Schedule 4, insert: Part 5 — Debt recovery National Disability Insurance Scheme Act 2013 18 After Division 1 of Part 1 of Chapter 7 Insert: Division 1A — Notice of debts due to the Agency 182A Notice requirements (1) This section applies if: (a) a debt is due to the Agency by a person under section 182; and (b) an arrangement for the payment of the debt has not been entered into under section 184; and (c) the CEO does not intend to recover the debt from a financial institution under section 185.

Initial notice (2) The CEO must give the person a written notice (the initial notice). (3) The initial notice must specify the following: (a) the date of the notice; (b) the circumstances that gave rise to the debt; (c) the value of the debt that the CEO intends to recover from the person; (d) an invitation for the person to provide a response by written statement to the CEO in the approved form (if any); (e) the period in which any response should be provided; (f) the contact details for any questions concerning the debt; (g) any other matter specified in the National Disability Insurance Scheme rules.

(4) The period specified under paragraph (3)(e) must be: (a) for an NDIS provider—at least 14 days beginning on the date of the notice, unless circumstances specified in the National Disability Insurance Scheme rules for the purposes of this paragraph exist; or (b) for any other person—at least 28 days beginning on the date of the notice, unless circumstances specified in the National Disability Insurance Scheme rules for the purposes of this paragraph exist.

Debt determination notice (5) After the end of the period specified under paragraph (3)(e), the CEO must give the person a further written notice (the debt determination notice). (6) The debt determination notice must specify: (a) if the CEO does not intend to recover the debt from the person—whether this is because: (i) the debt does not exist; or (ii) the CEO intends to write off the debt or waive the Agency's right to recover the debt in accordance with Division 4; or (b) if the CEO intends to recover the debt from the person—the following: (i) the date of the notice; (ii) that the CEO intends to take action for the recovery for the debt under Division 2; (iii) the circumstances that gave rise to the debt; (iv) the date on which the debt arose; (v) the outstanding amount of the debt as at the date of the notice; (vi) the date on which the outstanding amount is due and payable; (vii) the options available for repaying the debt; (viii) information about writing off or waiving the debt; (ix) the contact details for any questions concerning the debt; (x) if the person provided a written statement in response to the initial notice—how this response was considered in informing the decision to recover the debt; (xi) any other matter specified in the National Disability Insurance Scheme rules. 19 Paragraph 193(a) Omit "$200", substitute "$500". 20 Subsection 209(8) (table item 4, column headed "Description", after paragraph (w)) Insert: (wa) section 182A; 21 Application provision Section 182A of the National Disability Insurance Scheme Act 2013, as inserted by this Part, applies in relation to a debt that arises on or after commencement of this item.

(21) Schedule 4, page 103 (after line 17), after item 1, insert: 1A Paragraph 32D(2)(f) Omit "Division 3);", substitute "Division 3), and the funding (if any) that will be provided under the plan to or in relation to the participant for that management;". (22) Schedule 4, page 105 (after line 12), after item 4, insert: 4A After subsection 32K(4) Insert: (4A) National Disability Insurance Scheme rules made for the purposes of subsection (1) as mentioned in subsection (4) may make provision in relation to a matter mentioned in subsection (4) in a way that involves the exercise of a discretion by the CEO, in the circumstance that a participant receives: (a) a compensation payment; or (b) supports in respect of personal injury, if the supports are funded or provided under a scheme of insurance or under a Commonwealth, State or Territory law.

(23) Schedule 4, page 105 (after line 14), after item 5, insert: 5A After subsection 32L(1) Insert: (1A) For the purposes of subsection (1), a participant's disability support needs do not include managing the funding of supports under the participant's plan. _____ SHEET IC116 REVISED (1) Clause 2, page 2 (after table item 9), insert: 9A. Schedule 2, Part 7 The seventh day after this Act receives the Royal Assent. 9B.

Schedule 2, Part 8 The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent. (2) Clause 2, page 2 (before table item 10), insert: 9C. Schedule 2, Part 9 Immediately after the commencement of the provisions covered by table item 7.

(3) Clause 2, page 2 (table item 10), omit the table item, substitute: 10. Schedule 3, Parts 1 to 3 The seventh day after this Act receives the Royal Assent. 10A. Schedule 3, Part 4 1 July 2027. 1 July 2027 10B.

Schedule 3, Part 5 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 10C. Schedule 4 The seventh day after this Act receives the Royal Assent. (4) Schedule 2, item 25, page 47 (after line 24), after paragraph 73ZK(1)(l), insert: (la) subsection 73VA(10); (5) Schedule 2, page 75 (after line 6), after item 70, insert: 70A Subsection 202B(1) (at the end of the table) Add: 4 a power or function under section 73ZN (banning orders), 73ZO (variation or revocation of banning orders), 73ZOA (anti-promotion orders) or 73ZOC (variation or revocation of anti-promotion orders) an APS employee in the Commission who holds, or performs the duties of, an Executive Level 2, or equivalent, position 70B Subsection 202B(2) Omit "or 3", substitute ", 3 or 4".

(6) Schedule 2, item 75, page 76 (lines 30 to 32), omit the item, substitute: (9) The amendments made by this Part, other than the amendments referred to in subitems (1) to (8), apply in relation to conduct engaged in on or after the commencement of this item. (8) Schedule 2, page 86 (after line 30), at the end of the Schedule, add: Part 9 — Additional penalties for fraudulent conduct National Disability Insurance Scheme Act 2013 106 Division 4 of Part 1 of Chapter 4 Repeal the Division, substitute: Division 4 — Penalties for fraudulent conduct 59A False or misleading statements, information or documents to the Commission (1) A person contravenes this subsection if: (a) the person makes a statement or provides information or a document to the Commissioner or a Commission officer; and (b) the person does so knowing that the statement, information or document: (i) is false or misleading; or (ii) omits any matter or thing without which the statement, information or document is misleading; and (c) the statement is made, or the information or document is provided, for the purposes of this Act (other than in, or in connection with, an application for registration).

Note: For false or misleading information or documents provided in, or in connection with, an application for registration, see section 73D. Offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: (a) for a serious contravention by an NDIS provider—imprisonment for 5 years or 1,000 penalty units, or both; or (b) in any other case—imprisonment for 12 months or 120 penalty units, or both.

Civil penalty (3) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: (a) for a serious contravention by an NDIS provider—10,000 penalty units; or (b) in any other case—120 penalty units. Defences (4) Subsection (1) does not apply: (a) as a result of subparagraph (1)(b)(i) if the statement, information or document is not false or misleading in a material particular; or (b) as a result of subparagraph (1)(b)(ii) if the statement, information or document did not omit any matter or thing without which the statement, information or document is misleading in a material particular.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. (5) Subsection (1) does not apply if: (a) the person is a participant or a prospective participant; and (b) before the statement was made, or information or document was provided, the Commissioner or a Commission Officer did not take reasonable steps to inform the person of the existence of the offence against subsection (2).

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. (6) For the purposes of subsection (5), it is sufficient if the following form of words is used: "Giving false or misleading information is a serious offence". 59AB False or misleading statements, information or documents to the Agency (1) A person contravenes this subsection if: (a) the person makes a statement or provides information or a document to the Agency or an Agency officer; and (b) the person does so knowing that the statement, information or document: (i) is false or misleading; or (ii) omits any matter or thing without which the statement, information or document is misleading; and (c) any of the following subparagraphs apply: (i) the statement is made, or the information or document is provided, in or in connection with a request under Part 1 of Chapter 3; (ii) the statement is made, or the information or document is provided, to a person who is exercising powers or performing functions under, or in connection with, Part 2 of Chapter 3; (iii) the statement is made, or the information or document is provided, in compliance or purported compliance with a requirement under Division 1 or 2 of Part 1, or Division 1 of Part 5, of Chapter 4.

Note: See sections 97 and 98 for protections of nominees against criminal or civil liability in certain circumstances. Offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: (a) for a serious contravention by an NDIS provider—imprisonment for 5 years or 1,000 penalty units, or both; or (b) in any other case—imprisonment for 12 months or 120 penalty units, or both.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. (5) Subsection (1) does not apply if: (a) the person is a participant or a prospective participant; and (b) before the statement was made, or information or document was provided, the Agency or an Agency officer did not take reasonable steps to inform the person of the existence of the offence against subsection (2).

Offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: (a) for a serious contravention by an NDIS provider—imprisonment for 5 years or 1,000 penalty units, or both; or (b) in any other case—imprisonment for 12 months or 120 penalty units, or both. 59AD Obtaining etc. payment through fraud (1) A person contravenes this subsection if: (a) the person engages in conduct that results in: (i) a payment being made to the person or another person that is, or purports to be, a payment of an NDIS amount; or (ii) an NDIS amount becoming payable or purportedly payable to, or in respect of, the person or another person; and (b) the person knows that: (i) the person or other person is not entitled to the payment of the NDIS amount; or (ii) the NDIS amount paid or payable, is in excess of the amount that the person or other person is entitled to; and (c) the person does so dishonestly, by a deception or by means of impersonation.

Offence (2) A person commits an offence if the person contravenes subsection (1). Penalty: (a) for a serious contravention by an NDIS provider—imprisonment for 10 years or 2,000 penalty units, or both; or (b) in any other case—imprisonment for 5 years or 1,000 penalty units, or both. Dishonesty (3) In a prosecution for an offence against subsection (2), the determination of dishonesty is a matter for the trier of fact.

Definitions (4) In this section: dishonest means: (a) dishonest according to the standards of ordinary people; and (b) known by the defendant to be dishonest according to the standards of ordinary people. 59AE Concealing, disposing etc. records required to be kept A person commits an offence if: (a) the person is required under the Act to keep a record; and (b) the person: (i) conceals, disposes of, mutilates, alters or falsifies the record; or (ii) causes or directs another person to conceal, dispose of, mutilate, alter or falsify the record; and (c) the person does so with intent to: (i) defraud; or (ii) prevent, delay or obstruct the carrying out of an audit, review, investigation, monitoring, compliance or enforcement activity under the Act.

Penalty: Imprisonment for 2 years or 240 penalty units, or both. 59AF Serious contraventions of offences (1) If the prosecution intends to prove a serious contravention of an offence against subsection 59A(2), 59AB(2), 59AC(2) or 59AD(2), the charge must allege the serious contravention of that provision. Note: For a serious contravention of a provision of this Act: see subsection 11B(1).

(2) In order to prove a serious contravention of subsection 59A(2), 59AB(2), 59AC(2) or 59AD(2), the prosecution must prove: (a) a circumstance mentioned in paragraph 11B(1)(a) or (b) exists in relation to the defendant's contravention of the provision; and (b) the defendant knew of or was reckless as to the existence of the circumstance. Alternative verdict (3) In a prosecution for a serious contravention of an offence against subsection 59A(2), 59AB(2), 59AC(2) or 59AD(2), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against that subsection if: (a) the trier of fact: (i) is not satisfied that the defendant is guilty of a serious contravention of the offence; but (ii) is satisfied beyond reasonable doubt that the defendant is guilty of the offence; and (b) the defendant has been accorded procedural fairness in relation to that finding of guilt. 107 Subparagraph 73ZF(1)(a)(i) Repeal the subparagraph, substitute: (i) section 59A; or 108 Paragraph 73ZF(1)(b) Repeal the paragraph, substitute: (b) an offence provision in: (i) section 59A or 59AE; or (ii) Part 3A, or this Part, of this Chapter; or 109 Paragraph 73ZK(1)(c) Repeal the paragraph, substitute: (c) subsection 59A(3); 110 Subsection 73ZL(1) Omit "sections 59A and", substitute "subsection 59A(3) and section". 111 Paragraph 73ZSA(1)(c) Repeal the paragraph, substitute: (c) Part 1 of this Chapter (other than sections 55A and 59A); 112 After subparagraph 73ZSB(1)(a)(ii) Insert: (iia) section 59AB; 113 Paragraph 73ZSB(1)(b) Repeal the paragraph, substitute: (b) an offence provision in this Act other than in: (i) section 59A; or (ii) Part 3B of this Chapter; 114 After paragraph 73ZSG(1)(a) Insert: (aa) subsection 59AB(3); 115 After section 73ZSG Insert: 73ZSGA Serious contraventions of civil penalty provisions (1) If an authorised applicant is applying under the Regulatory Powers Act for a civil penalty order in relation to a serious contravention of a civil penalty provision mentioned in subsection 73ZSG(1), the application under subsection 82(1) of that Act must specify the relevant serious contravention.

(2) If, in proceedings for a civil penalty order in relation to a serious contravention of a provision mentioned in subsection 73ZSG(1), the relevant court: (a) is not satisfied that the person has committed a serious contravention of that provision; and (b) is satisfied that the person has contravened that provision; the relevant court may make a civil penalty order against the person not for the serious contravention but for the contravention of that provision. 116 Subsection 73ZSH(1) After "73ZSG(1)", insert "(other than subsection 59AB(3))". 117 At the end of Division 3 of Part 5 of Chapter 4 Add: 98A Offence for abuse of position as nominee Offence for current nominee (1) A person commits an offence if: (a) the person is a plan nominee or a correspondence nominee of a participant; and (b) the person: (i) exercises any influence that the person has in their capacity as a plan nominee or a correspondence nominee of a participant; or (ii) engages in any conduct when doing a thing under section 78 or 79 in the person's capacity as a plan nominee or a correspondence nominee of a participant; or (iii) uses any information that the person obtained in the person's capacity as a plan nominee or a correspondence nominee of a participant; and (c) the person does so with the intention of dishonestly: (i) obtaining a benefit for the person or any other person; or (ii) causing a detriment to another person.

Penalty: 120 penalty units. Offence for former nominee (2) A person commits an offence if: (a) the person has ceased to be a plan nominee or a correspondence nominee of a participant; and (b) the person obtained information in the person's capacity as a plan nominee or a correspondence nominee of a participant; and (c) the person uses the information with the intention of dishonestly: (i) obtaining a benefit for the person or any other person; or (ii) causing a detriment to another person; Penalty: 120 penalty units.

Dishonesty (3) In a prosecution for an offence against subsection (1) or (2), the determination of dishonesty is a matter for the trier of fact. Definitions (4) In this section: dishonest means: (a) dishonest according to the standards of ordinary people; and (b) known by the defendant to be dishonest according to the standards of ordinary people. 118 Subsection 200(1) After "offence against", insert "Division 4 of Part 1 of Chapter 4 (other than subsection 59A(2)) or". 119 Application of amendments Division 4 of Part 1 of Chapter 4 and section 98A of the National Disability Insurance Scheme Act 2013, as inserted by this Part, apply in relation to conduct engaged in on and after the commencement of this item.

(9) Schedule 3, Part 3, page 102 (after line 12), at the end of the Part, add: 18 Paragraph 73ZKA(2)(b) Omit "beyond reasonable doubt". 19 Application provision The amendment of subsection 73ZKA(2) of the National Disability Insurance Scheme Act 2013 made by this Part applies in relation to the making of a civil penalty order on or after the commencement of this item.

(10) Schedule 3, page 102 (after line 12), at the end of the Schedule, add: Part 4 — Whistleblower protections National Disability Insurance Scheme Act 2013 18 Division 7 of Part 3A of Chapter 4 (heading) Repeal the heading, substitute: Division 7 — Whistleblower protections 19 Before subsection 73ZA(2) Insert: Disclosure to Commissioner, Agency or key personnel etc. 20 Subsection 73ZA(3) Repeal the subsection, substitute: Disclosure to medical practitioner or psychologist (3) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made: (a) to a medical practitioner or psychologist; and (b) for the purpose of obtaining medical or psychiatric care, treatment or counselling (including psychological counselling).

Disclosure to Australian legal practitioner (4) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made: (a) to an Australian legal practitioner; and (b) for the purpose of obtaining legal advice or legal representation in connection with the operation of this Division in relation to the discloser.

Disclosure to registered organisation or professional association (5) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made: (a) to an officer or employee of a registered organisation or professional association; and (b) for the purpose of obtaining advice or assistance from an officer or employee of the organisation or association in connection with the operation of this Division in relation to the discloser.

Disclosure to police officer (6) The disclosure of the information by the discloser qualifies for protection under this Division if: (a) the disclosure is made to a police officer; and (b) the discloser has reasonable grounds to suspect that the information indicates that an NDIS provider has, or may have, contravened a provision of this Act. Disclosure to Commonwealth-funded disability advocate (7) The disclosure of the information by the discloser qualifies for protection under this Division if the disclosure is made: (a) to a Commonwealth-funded disability advocate; and (b) for the purpose of obtaining advice or assistance from the advocate in connection with the operation of this Division in relation to the discloser.

Definitions (8) In this section: Australian legal practitioner has the same meaning as in the Evidence Act 1995. Commonwealth-funded disability advocate means a person, or an employee or officer of a person, that is a party to an agreement with the Commonwealth under the Disability Services and Inclusion Act 2023 in relation to the provision of advocacy supports or services.

Note: A list of Commonwealth-funded disability advocates is maintained and published by the Agency, the Commission and the Department on their respective websites. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. officer has the same meaning as in the Corporations Act 2001. police officer means: (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or (b) a special member of the Australian Federal Police (within the meaning of that Act); or (c) a member of the police force or police service of a State or Territory. psychologist means a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists. registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009. 21 After section 73ZB Insert: 73ZBAA Claims for protection (1) If, in civil or criminal proceedings (the primary proceedings) instituted against an individual in a court, the individual makes a claim (relevant to the primary proceedings) that, because of section 73ZB, the individual is not subject to any civil or criminal liability for making a particular disclosure: (a) the individual bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and (b) if the individual discharges that onus—the party instituting the primary proceedings against the individual bears the onus of proving that the claim is not made out; and (c) the court must deal with the claim in separate civil proceedings; and (d) the court must adjourn the primary proceedings until the claim has been dealt with; and (e) none of the following: (i) any admission made by the individual in the separate civil proceedings; (ii) any information given by the individual in the separate civil proceedings; (iii) any other evidence adduced by the individual in the separate civil proceedings; is admissible in evidence against the individual except in proceedings in respect of the falsity of the admission, information or evidence; and (f) if the individual or another person gives evidence in the separate civil proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

(2) To avoid doubt, a right under section 126K of the Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section. 22 At the end of section 73ZC Add: Burden of proof (5) In proceedings for a civil penalty order against a person (the respondent) for a contravention of subsection (1) or (2): (a) the applicant for the order bears the onus of adducing or pointing to evidence that suggests a reasonable possibility of the matters in: (i) if subsection (1) applies—paragraphs (1)(a) and (b); or (ii) if subsection (2) applies—paragraph (2)(a); and (b) if that onus is discharged—the respondent bears the onus of proving that the claim is not made out.

Meaning of detriment (6) In this section, detriment includes (without limitation) any of the following: (a) dismissal of an employee; (b) injury of an employee in the employee's employment; (c) alteration of an employee's position or duties to the employee's disadvantage; (d) discrimination between an employee and other employees of the same employer; (e) harassment or intimidation of a person; (f) harm or injury to a person, including psychological harm; (g) damage to a person's property; (h) damage to a person's reputation; (i) damage to a person's business or financial position; (j) any other damage to a person. 23 Section 73ZD Repeal the section, substitute: 73ZD Compensation and other remedies — court orders A court may make any order the court considers appropriate if the court is satisfied that a person has contravened, or proposes to contravene, subsection 73ZC(1) or (2), including any of the following orders: (a) an order granting an injunction, or interim injunction, to prevent, stop or remedy the effects of a contravention; (b) an order awarding compensation for loss, damage or injury that a person has suffered because of the contravention; (c) an order for reinstatement of an individual; (d) an order for exemplary damages. 24 At the end of Division 7 of Part 3A of Chapter 4 Add: 73ZDAA Concurrent operation of State and Territory laws This Division does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Division. 25 Application of amendments Disclosures qualifying for protection (1) The amendments of section 73ZA of the National Disability Insurance Scheme Act 2013 made by this Part apply in relation to a disclosure of information made on or after the commencement of this item (whether the information was obtained before, on or after that commencement).

Burden of proof (2) Section 73ZBAA and subsection 73ZC(5) of the National Disability Insurance Scheme Act 2013, as inserted by this Part, apply in relation to a proceeding instituted on or after the commencement of this item. Remedies (3) Section 73ZD of the National Disability Insurance Scheme Act 2013, as substituted by this Part, applies in relation to a contravention or proposed contravention that occurs on or after the commencement of this item.

Question agreed to. The TEMPORARY CHAIR: I will now deal with the remaining amendments circulated by the Australian Greens. The first question is that part 8 of schedule 1; items 29, 30, 32, 66, 71 and 72 in schedule 1; and section 59D in item 11 in schedule 3 stand as printed.

Australian Greens circulated amendments— SHEET 3829 (2) Schedule 1, Part 8, page 36 (line 1) to page 38 (line 30), to be opposed. _____ SHEET 3830 (2) Schedule 1, item 66, page 25 (lines 25 and 26), to be opposed. (4) Schedule 1, items 71 and 72, page 27 (lines 1 to 6), to be opposed. _____ SHEET 3851 (5) Schedule 3, item 11, page 97 (line 24) to page 99 (line 3), section 59D to be opposed. _____ SHEET 3933 (1) Schedule 1, items 29 and 30, page 11 (lines 6 to 9), to be opposed.

(3) Schedule 1, item 32, page 11 (lines 13 to 18), to be opposed.

SourceSenate, Tuesday 18 August 2026 — official recordTA-260818-senate-c7f1fa3d546f:s134

Ask AskTribune

Ask about this record