For a brief overview of the history of NDIS, see Senate Community Affairs Legislation Committee, Parliament of Australia, National Disability Insurance Scheme Bill 2012 [Provisions] (2013) 3–4 [1.13]–[1.15].
2.
SherryNick, ‘Terms of Reference: Productivity Commission inquiry into a National Disability Long-term Care and Support Scheme’, 17 February 2010, in Productivity Commission, Disability Care and Support, Inquiry Report, Report 54 (Productivity Commission, 2011) iv.
COAG, Intergovernmental Agreement for the National Disability Insurance Scheme (NDIS) Launch (7 December 2012). The Intergovernmental Agreement is to be read in conjunction with bilateral agreements with each participating jurisdiction. All agreements are available on the NDIS website, <www.ndis.gov.au>.
6.
National Disability Insurance Scheme Act 2013 (Cth) (‘NDIS Act’).
7.
On establishment, DisabilityCare Australia took over the preparatory work that was being done administratively within the Department of Social Services.
8.
The NDIS commenced on 1 July 2013 in South Australia for children aged 0–14; in Tasmania for young people aged 15–24; and in the Barwon region of Victoria and the Hunter region of New South Wales for people aged up to 65; and will be progressively rolled out across the country with the full roll out projected to be completed by July 2019.
9.
The NDIS will provide funding for ‘reasonable and necessary’ support, services and equipment determined in accordance with the criteria set out in s 34 of the NDIS Act.
10.
Commonwealth of Australia, ‘Budget 2013–14 – DisabilityCare Australia’ (14 May 2013) <http://www.budget.gov.au/2013-14/content/glossy/NDIS_policy/html/NDIS_overview_01.htm>. These amounts may prove to be underestimates, with demand in the initial launch sites 50% higher, and the average cost of support plans 32% higher, than estimated. HarrisonDan, ‘Disability scheme faces $5b blowout’, The Age (Melbourne), 21 November 2013, 15.
Productivity Commission, above n 2, 494–497. See also DisabilityCare Australia, Provider Registration Guide to Suitability Requirements (30 July 2013).
23.
The ACT is the only jurisdiction that has moved to legislate new standards for disability service providers as part of the transition to the NDIS. See: Disability Services (Disability Service Providers) Amendment Bill 2014.
24.
FullerMatthewSweeneyMitchell were electrocuted installing foil lined insulation; Rueben Barnes was electrocuted installing fibreglass ‘pink batts’; and Marcus Wilson died from hyperthermia while installing ‘pink batts’.
25.
They include: Senate Environment, Communications and the Arts References Committee, Parliament of Australia, Energy Efficient Homes Package (Ceiling Insulation) (2010); HawkeAllan, Review of the Administration of the Home Insulation Program, Report prepared for the Departments of the Environment, Water, Heritage and the Arts, Finance and Prime Minister and Cabinet (2010); Australian National Audit Office, Home Insulation Program (Audit Report No12, 2010–11); Local Court of NSW, Coronial Jurisdiction, Inquest into the Death of Marcus Wilson (2012); Queensland Courts, Office of the State Coroner, Inquest into the Deaths of Matthew James Fuller, Rueben Kelly Barnes and Mitchell Scott Sweeney (2013). There also is a Royal Commission inquiring into the Program. Its focus is on the role of the Australian Government.
26.
Interestingly, this number had reduced to approximately 2500 by the time the program was terminated - the impact of the new, more stringent registration requirements. Hawke, above n 25, 1.
27.
Queensland Coroner's Report, above n 25, 41.
28.
Hawke, above n 25, viii.
29.
Ibid.
30.
Queensland Coroner's Report, above n 25, 7–9.
31.
KeeffeMr, Assistant Secretary of the Home Energy Branch of DEWHA, cited in the Queensland Coroner's Report, above n 25, 7.
32.
Queensland Coroner's Report, above n 25, 68.
33.
This continued until 1 September 2009, at which point proof of competency was required as part of the registration process.
