National Disability Insurance Scheme (Registered
Providers of Supports) Rules 2013
FRLI: F2013L01009
Portfolio: Social Services
Tabled: House of Representatives, 18 June 2013
and Senate, 19 June 2013
Summary of committee concerns
2.1
The committee seeks further clarification as to what safeguards will
apply to manage the impact on NDIS participants of a revocation of approval of
a registered provider of supports.
Overview
2.2
The National Disability Insurance Scheme Act 2013 (NDIS Act)
makes provision for various matters, including ‘significant policy matters’, to
be covered by the NDIS rules, which are to be made as disallowable legislative
instruments.[140]
The NDIS Act provides for the making of participant plans, which will, among
other things, set out the supports that will be funded for the participant and
for each participant, someone will be identified as managing the funding for
such supports. Funding can be managed by the participant, the Agency, a plan
nominee or a registered plan management provider. According to the explanatory
statement, '[w]hen the National Disability Insurance Scheme Transition Agency
(DisabilityCare Australia) manages the funding of supports under a
participant's plan, only registered providers can provide the supports'.[141]
The NDIS Act provides that the NDIS rules may prescribe further matters in
relation to registered providers of supports.[142]
2.3
This instrument sets out the criteria for approval of registered
providers of supports, requirements with which registered providers must comply
and circumstances in which a provider's registration may be revoked by the
Chief Operating Officer of DisabilityCare Australia (the CEO).
Compatibility with human
rights
Statement of compatibility
2.4
The statement of compatibility accompanying the instrument states that
the instrument engages the rights of people with disabilities,[143]
the right to health,[144]
the right to social security,[145]
the right to an adequate standard of living,[146]
and the right to work and rights in work.[147]
2.5
The statement concludes that the instrument is compatible with human
rights because it 'forms part of an overall legislative scheme designed to
deliver improved health, social security and living standards to people with
disability ... and contains safeguards to protect people who provide services in
accordance with the legislative framework.'[148]
The statement states that the instrument does not limit any human rights.
Committee view on compatibility
2.6
Section 72(1) of the NDIS Act sets out the grounds on which the CEO may
revoke the approval of a person or entity as a registered provider of supports.
These grounds include that a circumstance prescribed in the NDIS Rules exists
and that circumstance presents an unreasonable risk to one or more participants.
Paragraph 5.2 of the instrument sets out the circumstances for the purpose of the
NDIS Act. It is not clear from the instrument whether the CEO is required to
give consideration to how to manage the impact of revocation of approval on
NDIS participants. Nor do the rules specify whether and how a registered
provider may seek review, including review on the merits, of a decision to
revoke its status as a registered provider.
2.7 The committee intends to write to the Minister for Social
Services to seek further clarification as to:
- what safeguards will apply to manage the impact on NDIS
participants of a revocation of approval of a registered provider; and
- what rights of review are available to a registered provider
whose registration has been revoked.
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