The government’s controversial NDIS bill will undergo “substantial” amendments after Labor and the Coalition struck a deal, with some of the changes attracting heavy criticism from the Greens, the ACT senator David Pocock and the disability community. Sixty-three government amendments across both houses will be introduced as part of backroom deals to pass the bill on Tuesday night, the NDIS ministers, Mark Butler and Jenny McAllister, revealed. Butler said some changes are “relatively technical” while others are “relatively substantial”.
The bill will go to a vote in the Senate at 8pm where it’s expected to pass with the Coalition’s support. Among them is a tweak to allow vulnerable participants whose budget is impacted by a new ministerial power – which allows the minister to bluntly slash funding from certain categories across all participants by up to 99% – to apply for more funding through a plan variation. This is intended to address participants who require continuous care over a 24-hour period.
These participants will be able to apply for a plan variation within 90 days of a support determination applying to them.” The ministerial power to swiftly reduce funding for support categories across all participants has been heavily criticised by both the Greens and ACT senator, David Pocock, as well as the disability community. Pocock said the change remained the biggest “red line” for him in supporting the bill, describing it as an “indiscriminate cut” impacting hundreds of thousands of participants. We know that isolation increases the risks of violence, abuse, and exploitation, and social and community participation is an essential safeguard against this,” Pocock said.
The Coalition also secured amendments to create new criminal and civil penalties against anyone offering or providing kickbacks using NDIS funding. Aggravated integrity offences, including obtaining funds by deception, providing false or misleading information, intentionally destroying records and abuse of position as a participant’s nominee will also be introduced. The government’s plan to pass the NDIS changes this week were almost postponed by the Coalition’s ultimatum to bring tax law changes to close the “widow tax” loophole early.
Under the reforms announced in the May budget, negative gearing on established homes bought after budget night was restricted, while properties bought before 12 May were protected under grandfathering arrangements. However, the new laws inadvertently prevented a person who inherited their partner’s share of a property after their death or as part of a divorce settlement from falling under the grandfathered arrangements. It’s expected the amendments to close the loophole and deal with other tax reform measures will be voted on Wednesday morning.
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