Commonwealth of Australia Explanatory Memoranda

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DISABILITY SERVICES AND INCLUSION BILL 2023

                       2022-2023




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                        SENATE




    DISABILITY SERVICES AND INCLUSION BILL 2023




    SUPPLEMENTARY EXPLANATORY MEMORANDUM



  Amendments to be moved on behalf of the Government




              (Circulated by the authority of the
Minister for Social Services, the Hon Amanda Rishworth MP)
                DISABILITY SERVICES AND INCLUSION BILL 2023

             Amendments to be moved on behalf of the Government


SUMMARY OF AMENDMENTS

These amendments respond to a recommendation made by the Senate Scrutiny of
Bills Committee (the Committee) in Scrutiny Digest 14 of 2023. The amendments will
add a legislative requirement for the Secretary to be to be satisfied that a person has
appropriate internal controls and complaints processes in place before approving that
person as an accrediting authority.

Accrediting authorities perform the function of granting and withdrawing accreditation
under clause 26 of the Disability Services and Inclusion Bill 2023 (the Bill). Certification
bodies in turn perform the functions of granting, revoking and varying certificates of
compliance for eligible people receiving funding under the Bill.

Although decisions under clause 26 of the Bill are not subject to merits review,
certification bodies who are refused accreditation by the accrediting authority will be
provided with reasons for the refusal by the accrediting authority and have recourse
through the accrediting authority's internal complaints process. Paragraph 25(1)(b) of
the Bill currently requires the Secretary to be satisfied that an accrediting authority will
perform its functions in an independent and impartial way. Part of this decision making
process is ensuring that an accrediting authority has appropriate internal controls and
complaints processes.

The Committee considers that it would be preferable for the requirement to have
appropriate internal controls and complaints processes in place, to be expressly
required on the face of the Bill.

FINANCIAL IMPACT STATEMENT

These amendments will not alter the nil financial impact of this Bill.

NOTES ON AMENDMENTS

Amendment 1 to clause 25, page 32 (line 11), inserts at the end of subclause 25(1)
a new paragraph (d), requiring the Secretary to be satisfied that a person has
appropriate internal controls and complaints processes in place before approving that
person as an accrediting authority.

Amendment 2 to clause 25, page 32 (line 18), omits "or (c)" and substitutes ", (c) or
(d)". This is consequential to amendment 1, with the effect that the Secretary can
revoke the approval of a person as an accrediting authority if the Secretary is no longer
satisfied that the person meets the requirements of new paragraph 25(1)(d).