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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Disability Insurance Scheme
Amendment (Streamlined Governance)
Bill 2019
No. , 2019
(National Disability Insurance Scheme)
A Bill for an Act to amend the National Disability
Insurance Scheme Act 2013, and for related
purposes
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Disability Insurance Scheme Act 2013
3
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
1
A Bill for an Act to amend the National Disability
1
Insurance Scheme Act 2013, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the National Disability Insurance Scheme Amendment
6
(Streamlined Governance) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
3
Schedule 1--Amendments
1
2
National Disability Insurance Scheme Act 2013
3
1 Section 9
4
Insert:
5
host jurisdiction Minister for a host jurisdiction means a Minister
6
of the host jurisdiction who is a member of the Ministerial Council.
7
2 After subsection 120(4)
8
Insert:
9
Process for seeking agreement
10
(4A) The Minister must:
11
(a) give a notice (the original notice) in writing to one host
12
jurisdiction Minister for each host jurisdiction seeking the
13
agreement of that host jurisdiction to the making of the
14
instrument and requesting the agreement be given before the
15
end of 28 days beginning on the day the notice is given; and
16
(b) provide a copy of the proposed instrument to that host
17
jurisdiction Minister.
18
(4B) If, immediately before the end of that 28-day period:
19
(a) no host jurisdiction Minister for a host jurisdiction has
20
informed the Minister whether that host jurisdiction agrees to
21
the making of the instrument; and
22
(b) no host jurisdiction Minister for that host jurisdiction has
23
made a request under subsection (4C);
24
then, at the end of that period, that host jurisdiction is taken to have
25
agreed to the making of the instrument.
26
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
27
for a host jurisdiction gives a notice in writing to the Minister
28
requesting a longer period within which that host jurisdiction may
29
agree to the making of the instrument:
30
Schedule 1 Amendments
4
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
(a) that host jurisdiction may give that agreement before the end
1
of 90 days beginning on the day the original notice was
2
given; and
3
(b) if, immediately before the end of that 90-day period, no host
4
jurisdiction Minister for that host jurisdiction has informed
5
the Minister whether that host jurisdiction agrees to the
6
making of the instrument, then, at the end of that period, that
7
host jurisdiction is taken to have so agreed.
8
Fee must not amount to taxation
9
3 After subsection 121(3)
10
Insert:
11
Process for seeking agreement
12
(3A) The Minister must:
13
(a) give a notice (the original notice) in writing to one host
14
jurisdiction Minister for each host jurisdiction seeking the
15
agreement of that host jurisdiction to the giving of the
16
direction and requesting the agreement be given before the
17
end of 28 days beginning on the day the notice is given; and
18
(b) provide a copy of the proposed direction to that host
19
jurisdiction Minister.
20
(3B) If, immediately before the end of that 28-day period:
21
(a) no host jurisdiction Minister for a host jurisdiction has
22
informed the Minister whether that host jurisdiction agrees to
23
the giving of the direction; and
24
(b) no host jurisdiction Minister for that host jurisdiction has
25
made a request under subsection (3C);
26
then, at the end of that period, that host jurisdiction is taken to have
27
agreed to the giving of the direction.
28
(3C) If, before the end of that 28-day period, a host jurisdiction Minister
29
for a host jurisdiction gives a notice in writing to the Minister
30
requesting a longer period within which that host jurisdiction may
31
agree to the giving of the direction:
32
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
5
(a) that host jurisdiction may give that agreement before the end
1
of 90 days beginning on the day the original notice was
2
given; and
3
(b) if, immediately before the end of that 90-day period, no host
4
jurisdiction Minister for that host jurisdiction has informed
5
the Minister whether that host jurisdiction agrees to the
6
giving of the direction, then, at the end of that period, that
7
host jurisdiction is taken to have so agreed.
8
Agency must comply with direction
9
4 After subsection 125(3)
10
Insert:
11
Process for seeking agreement
12
(3A) The Minister must:
13
(a) give a notice (the original notice) in writing to one host
14
jurisdiction Minister for each host jurisdiction seeking the
15
agreement of that host jurisdiction to the giving of the
16
statement and requesting the agreement be given before the
17
end of 28 days beginning on the day the notice is given; and
18
(b) provide a copy of the proposed statement to that host
19
jurisdiction Minister.
20
(3B) If, immediately before the end of that 28-day period:
21
(a) no host jurisdiction Minister for a host jurisdiction has
22
informed the Minister whether that host jurisdiction agrees to
23
the giving of the statement; and
24
(b) no host jurisdiction Minister for that host jurisdiction has
25
made a request under subsection (3C);
26
then, at the end of that period, that host jurisdiction is taken to have
27
agreed to the giving of the statement.
28
(3C) If, before the end of that 28-day period, a host jurisdiction Minister
29
for a host jurisdiction gives a notice in writing to the Minister
30
requesting a longer period within which that host jurisdiction may
31
agree to the giving of the statement:
32
Schedule 1 Amendments
6
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
(a) that host jurisdiction may give that agreement before the end
1
of 90 days beginning on the day the original notice was
2
given; and
3
(b) if, immediately before the end of that 90-day period, no host
4
jurisdiction Minister for that host jurisdiction has informed
5
the Minister whether that host jurisdiction agrees to the
6
giving of the statement, then, at the end of that period, that
7
host jurisdiction is taken to have so agreed.
8
Board must have regard to statement
9
5 Before subsection 125(5)
10
Insert:
11
Statement not a legislative instrument
12
6 Subsection 127(3)
13
Omit "States and Territories", substitute "host jurisdictions".
14
7 Subsections 127(4) and (4A)
15
Repeal the subsections, substitute:
16
(4) Before the Minister appoints a Board member other than the Chair,
17
the Minister must:
18
(a) seek the support of all the host jurisdictions for the
19
appointment; and
20
(b) be satisfied that the appointment is supported by:
21
(i) the Commonwealth; and
22
(ii) a majority of the group consisting of the
23
Commonwealth and the host jurisdictions.
24
(4A) The Minister must give a notice (the original notice) in writing to
25
one host jurisdiction Minister for each host jurisdiction seeking the
26
agreement of that host jurisdiction to the appointment covered by
27
subsection (4) and requesting the agreement be given before the
28
end of 28 days beginning on the day the notice is given.
29
(4B) If, immediately before the end of that 28-day period:
30
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
7
(a) no host jurisdiction Minister for a host jurisdiction has
1
informed the Minister whether that host jurisdiction agrees to
2
the appointment; and
3
(b) no host jurisdiction Minister for that host jurisdiction has
4
made a request under subsection (4C);
5
then, at the end of that period, that host jurisdiction is taken to have
6
agreed to the appointment.
7
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
8
for a host jurisdiction gives a notice in writing to the Minister
9
requesting a longer period within which that host jurisdiction may
10
agree to the appointment:
11
(a) that host jurisdiction may give that agreement before the end
12
of 90 days beginning on the day the original notice was
13
given; and
14
(b) if, immediately before the end of that 90-day period, no host
15
jurisdiction Minister for that host jurisdiction has informed
16
the Minister whether that host jurisdiction agrees to the
17
appointment, then, at the end of that period, that host
18
jurisdiction is taken to have so agreed.
19
(4D) Despite subsection (4), the Minister may appoint a person as a
20
Board member other than the Chair if:
21
(a) the appointment is not supported by a majority of the group
22
consisting of the Commonwealth and the host jurisdictions;
23
and
24
(b) the period of 90 days beginning on the day the first notice
25
was given under subsection (4A) in relation to that
26
appointment has ended.
27
8 After subsection 134(4)
28
Insert:
29
(4A) The Minister must give a notice (the original notice) in writing to
30
one host jurisdiction Minister for each host jurisdiction seeking the
31
agreement of that host jurisdiction to the termination covered by
32
subsection (4) and requesting the agreement be given before the
33
end of 28 days beginning on the day the notice is given.
34
(4B) If, immediately before the end of that 28-day period:
35
Schedule 1 Amendments
8
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
(a) no host jurisdiction Minister for a host jurisdiction has
1
informed the Minister whether that host jurisdiction agrees to
2
the termination; and
3
(b) no host jurisdiction Minister for that host jurisdiction has
4
made a request under subsection (4C);
5
then, at the end of that period, that host jurisdiction is taken to have
6
agreed to the termination.
7
(4C) If, before the end of that 28-day period, a host jurisdiction Minister
8
for a host jurisdiction gives a notice in writing to the Minister
9
requesting a longer period within which that host jurisdiction may
10
agree to the termination:
11
(a) that host jurisdiction may give that agreement before the end
12
of 90 days beginning on the day the original notice was
13
given; and
14
(b) if, immediately before the end of that 90-day period, no host
15
jurisdiction Minister for that host jurisdiction has informed
16
the Minister whether that host jurisdiction agrees to the
17
termination, then, at the end of that period, that host
18
jurisdiction is taken to have so agreed.
19
9 Subsection 134(5)
20
Omit "Subsections (3) and (4) are taken to apply in relation to the
21
termination of the appointment of the Chair", substitute
22
"Subsections (3) to (4C) are taken to apply in relation to the termination
23
of the appointment of a Board member".
24
10 At the end of section 135
25
Add:
26
Process for seeking agreement
27
(3) The Minister must:
28
(a) give a notice (the original notice) in writing to one host
29
jurisdiction Minister for each host jurisdiction seeking the
30
agreement of that host jurisdiction to the terms and
31
conditions and requesting the agreement be given before the
32
end of 28 days beginning on the day the notice is given; and
33
(b) provide a copy of the proposed terms and conditions to that
34
host jurisdiction Minister.
35
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
9
(4) If, immediately before the end of that 28-day period:
1
(a) no host jurisdiction Minister for a host jurisdiction has
2
informed the Minister whether that host jurisdiction agrees to
3
the terms and conditions; and
4
(b) no host jurisdiction Minister for that host jurisdiction has
5
made a request under subsection (5);
6
then, at the end of that period, that host jurisdiction is taken to have
7
agreed to the terms and conditions.
8
(5) If, before the end of that 28-day period, a host jurisdiction Minister
9
for a host jurisdiction gives a notice in writing to the Minister
10
requesting a longer period within which that host jurisdiction may
11
agree to the terms and conditions:
12
(a) that host jurisdiction may give that agreement before the end
13
of 90 days beginning on the day the original notice was
14
given; and
15
(b) if, immediately before the end of that 90-day period, no host
16
jurisdiction Minister for that host jurisdiction has informed
17
the Minister whether that host jurisdiction agrees to the terms
18
and conditions, then, at the end of that period, that host
19
jurisdiction is taken to have so agreed.
20
11 Subsections 147(2) to (3A)
21
Repeal the subsections, substitute:
22
Consultation
23
(2) The Minister must consult the host jurisdictions about the
24
appointment of each member of the Advisory Council.
25
12 Subsections 155(3) and (4)
26
Repeal the subsections, substitute:
27
Consultation
28
(3) The Minister must consult the host jurisdictions about the
29
termination of the appointment of a member of the Advisory
30
Council.
31
Schedule 1 Amendments
10
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
13 Subsection 156(2)
1
Repeal the subsection, substitute:
2
Consultation
3
(2) Before the Minister determines terms and conditions on which a
4
member of the Advisory Council holds office, the Minister must
5
consult the host jurisdictions about the terms and conditions.
6
14 At the end of section 172
7
Add:
8
(7) The Minister must:
9
(a) give a notice (the original notice) in writing to each member
10
of the Ministerial Council who is a Minister of a State or
11
Territory seeking the agreement of that member to the
12
making of the instrument and requesting the agreement be
13
given before the end of 28 days beginning on the day the
14
notice is given; and
15
(b) provide a copy of the proposed instrument to that member.
16
(8) If, immediately before the end of that 28-day period, that member:
17
(a) has not informed the Minister whether that member agrees to
18
the making of the instrument; and
19
(b) has not made a request under subsection (9);
20
then, at the end of that period, that member is taken to have agreed
21
to the making of the instrument.
22
(9) If, before the end of that 28-day period, that member gives a notice
23
in writing to the Minister requesting a longer period within which
24
that member may agree to the making of the instrument:
25
(a) that member may give that agreement before the end of 90
26
days beginning on the day the original notice was given; and
27
(b) if, immediately before the end of that 90-day period, that
28
member has not informed the Minister whether that member
29
agrees to the making of the instrument, then, at the end of
30
that period, that member is taken to have so agreed.
31
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
11
15 Subsection 173(2)
1
Omit "Minister of a host jurisdiction", substitute "host jurisdiction
2
Minister".
3
16 After subsection 174(4)
4
Insert:
5
(4A) The Minister must:
6
(a) give a notice (the original notice) in writing to each member
7
of the Ministerial Council who is a Minister of a State or
8
Territory seeking the agreement of that member to the
9
making of the instrument and requesting the agreement be
10
given before the end of 28 days beginning on the day the
11
notice is given; and
12
(b) provide a copy of the proposed instrument to that member.
13
(4B) If, immediately before the end of that 28-day period, that member:
14
(a) has not informed the Minister whether that member agrees to
15
the making of the instrument; and
16
(b) has not made a request under subsection (4C);
17
then, at the end of that period, that member is taken to have agreed
18
to the making of the instrument.
19
(4C) If, before the end of that 28-day period, that member gives a notice
20
in writing to the Minister requesting a longer period within which
21
that member may agree to the making of the instrument:
22
(a) that member may give that agreement before the end of 90
23
days beginning on the day the original notice was given; and
24
(b) if, immediately before the end of that 90-day period, that
25
member has not informed the Minister whether that member
26
agrees to the making of the instrument, then, at the end of
27
that period, that member is taken to have so agreed.
28
17 After subsection 201(2)
29
Insert:
30
Process for seeking agreement
31
(2A) The Minister must:
32
Schedule 1 Amendments
12
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
(a) give a notice (the original notice) in writing to one host
1
jurisdiction Minister for each host jurisdiction seeking the
2
agreement of that host jurisdiction to the delegation and
3
requesting the agreement be given before the end of 28 days
4
beginning on the day the notice is given; and
5
(b) provide a copy of the proposed instrument of delegation to
6
that host jurisdiction Minister.
7
(2B) If, immediately before the end of that 28-day period:
8
(a) no host jurisdiction Minister for a host jurisdiction has
9
informed the Minister whether that host jurisdiction agrees to
10
the delegation; and
11
(b) no host jurisdiction Minister for that host jurisdiction has
12
made a request under subsection (2C);
13
then, at the end of that period, that host jurisdiction is taken to have
14
agreed to the delegation.
15
(2C) If, before the end of that 28-day period, a host jurisdiction Minister
16
for a host jurisdiction gives a notice in writing to the Minister
17
requesting a longer period within which that host jurisdiction may
18
agree to the delegation:
19
(a) that host jurisdiction may give that agreement before the end
20
of 90 days beginning on the day the original notice was
21
given; and
22
(b) if, immediately before the end of that 90-day period, no host
23
jurisdiction Minister for that host jurisdiction has informed
24
the Minister whether that host jurisdiction agrees to the
25
delegation, then, at the end of that period, that host
26
jurisdiction is taken to have so agreed.
27
CEO must comply with Ministerial directions
28
18 Before subsection 201(4)
29
Insert:
30
Limit on delegation
31
19 Subsection 209(8) (cell at table item 1, column headed
32
"Description", paragraphs (f) and (g))
33
Repeal the paragraphs.
34
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
13
20 Subsection 209(8) (cell at table item 3, column headed
1
"Description")
2
Omit "any", substitute "either".
3
21 Subsection 209(8) (cell at table item 3, column headed
4
"Description", paragraph (b))
5
Repeal the paragraph.
6
22 Subsection 209(8) (cell at table item 4, column headed
7
"Description", after paragraph (b))
8
Insert:
9
(ba) section 45;
10
23 Subsection 209(8) (cell at table item 4, column headed
11
"Description", after paragraph (c))
12
Insert:
13
(ca) section 67;
14
24 After subsection 209(8)
15
Insert:
16
(8A) In seeking the agreement of a host jurisdiction to the making of
17
rules under this section, the Minister must:
18
(a) give a notice (the original notice) in writing to one host
19
jurisdiction Minister for that host jurisdiction seeking the
20
agreement of that host jurisdiction to the making of the rules
21
and requesting the agreement be given before the end of 28
22
days beginning on the day the notice is given; and
23
(b) provide a copy of the proposed rules to that host jurisdiction
24
Minister.
25
(8B) If, immediately before the end of that 28-day period:
26
(a) no host jurisdiction Minister for a host jurisdiction has
27
informed the Minister whether that host jurisdiction agrees to
28
the making of the rules; and
29
(b) no host jurisdiction Minister for that host jurisdiction has
30
made a request under subsection (8C);
31
Schedule 1 Amendments
14
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
then, at the end of that period, that host jurisdiction is taken to have
1
agreed to the making of the rules.
2
(8C) If, before the end of that 28-day period, a host jurisdiction Minister
3
for a host jurisdiction gives a notice in writing to the Minister
4
requesting a longer period within which that host jurisdiction may
5
agree to the making of the rules:
6
(a) that host jurisdiction may give that agreement before the end
7
of 90 days beginning on the day the original notice was
8
given; and
9
(b) if, immediately before the end of that 90-day period, no host
10
jurisdiction Minister for that host jurisdiction has informed
11
the Minister whether that host jurisdiction agrees to the
12
making of the rules, then, at the end of that period, that host
13
jurisdiction is taken to have so agreed.
14
25 At the end of section 210
15
Add:
16
Process for seeking agreement of host jurisdiction
17
(3) In seeking the agreement of a host jurisdiction to the making of
18
regulations under this section, the Minister must:
19
(a) give a notice (the original notice) in writing to one host
20
jurisdiction Minister for that host jurisdiction seeking the
21
agreement of that host jurisdiction to the making of the
22
regulations and requesting the agreement be given before the
23
end of 28 days beginning on the day the notice is given; and
24
(b) provide a copy of the proposed regulations to that host
25
jurisdiction Minister.
26
(4) If, immediately before the end of that 28-day period:
27
(a) no host jurisdiction Minister for a host jurisdiction has
28
informed the Minister whether that host jurisdiction agrees to
29
the making of the regulations; and
30
(b) no host jurisdiction Minister for that host jurisdiction has
31
made a request under subsection (5);
32
then, at the end of that period, that host jurisdiction is taken to have
33
agreed to the making of the regulations.
34
Amendments Schedule 1
No. , 2019
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
15
(5) If, before the end of that 28-day period, a host jurisdiction Minister
1
for a host jurisdiction gives a notice in writing to the Minister
2
requesting a longer period within which that host jurisdiction may
3
agree to the making of the regulations:
4
(a) that host jurisdiction may give that agreement before the end
5
of 90 days beginning on the day the original notice was
6
given; and
7
(b) if, immediately before the end of that 90-day period, no host
8
jurisdiction Minister for that host jurisdiction has informed
9
the Minister whether that host jurisdiction agrees to the
10
making of the regulations, then, at the end of that period, that
11
host jurisdiction is taken to have so agreed.
12
26 Application provisions
13
(1)
The amendment of section 120 of the National Disability Insurance
14
Scheme Act 2013 made by this Schedule applies in relation to an
15
instrument made on or after the commencement of this item.
16
(2)
The amendment of section 121 of the National Disability Insurance
17
Scheme Act 2013 made by this Schedule applies in relation to a
18
direction given on or after the commencement of this item.
19
(3)
Subsections 125(3A) to (3C) of the National Disability Insurance
20
Scheme Act 2013, as inserted by this Schedule, apply in relation to a
21
statement given on or after the commencement of this item.
22
(4)
Subsections 127(4) to (4D) of the National Disability Insurance Scheme
23
Act 2013, as substituted by this Schedule, apply in relation to an
24
appointment made on or after the commencement of this item.
25
(5)
The amendments of section 134 of the National Disability Insurance
26
Scheme Act 2013 made by this Schedule apply in relation to a
27
termination made on or after the commencement of this item.
28
(6)
The amendment of section 135 of the National Disability Insurance
29
Scheme Act 2013 made by this Schedule applies in relation to terms and
30
conditions determined on or after the commencement of this item.
31
(7)
The amendment of section 147 of the National Disability Insurance
32
Scheme Act 2013 made by this Schedule applies in relation to an
33
appointment made on or after the commencement of this item.
34
Schedule 1 Amendments
16
National Disability Insurance Scheme Amendment (Streamlined
Governance) Bill 2019
No. , 2019
(8)
The amendment of section 155 of the National Disability Insurance
1
Scheme Act 2013 made by this Schedule applies in relation to a
2
termination made on or after the commencement of this item.
3
(9)
The amendment of section 156 of the National Disability Insurance
4
Scheme Act 2013 made by this Schedule applies in relation to terms and
5
conditions determined on or after the commencement of this item.
6
(10)
The amendments of sections 172 and 174 of the National Disability
7
Insurance Scheme Act 2013 made by this Schedule apply in relation to
8
an instrument made on or after the commencement of this item.
9
(11)
The amendment of section 201 of the National Disability Insurance
10
Scheme Act 2013 made by this Schedule applies in relation to an
11
instrument of delegation made on or after the commencement of this
12
item.
13
(12)
The amendments of section 209 of the National Disability Insurance
14
Scheme Act 2013 made by this Schedule apply in relation to rules made
15
on or after the commencement of this item.
16
(13)
The amendment of section 210 of the National Disability Insurance
17
Scheme Act 2013 made by this Schedule applies in relation to
18
regulations made on or after the commencement of this item.
19