National Disability Insurance Scheme Introduced to Parliament

The much awaited National Disability Insurance Scheme Bill 2012 the legislation which establishes the framework for the National Disability Insurance Scheme and the National Disability Insurance Scheme Launch Transition Agency was introduced into the Federal Parliament on the last sitting day of the year (Thursday 29 November 2012).

The main effect of the legislation is that it will enable the NDIS scheme to be launched and the Agency to operate that launch in five sites across Australia from July 2013.

The press has quoted the Prime Minister as saying that the legislation is “a once in a generation opportunity” to change the treatment of less able citizens in Australia. The scheme is expected to cost about $15 billion a year when it is fully implemented in either 2018 or 2019, an amount that has been criticised by the opposition and those against the scheme as being beyond the capacity of the Australian economy to fund.

The legislation sets out the process for a person becoming a participant in the scheme. It also details how participants can develop a personal, goal-based plan with the Agency and how reasonable and necessary supports will be assured to participants. People in the scheme will be able to decide for themselves how to manage their care and support and choose how they want to manage their supports.
Additionally participants will be able to access assistance from local coordinators should they require help.

The legislation also provides that the Agency will be responsible for the provision of support to people with disability, their families and carers. This could include providing funding to individuals and organisations to help people with disability participate more fully in economic and social life. An independent review of the new Act commencing after two years of operation will be legislated through this Bill.

The first stage of the National Disability Insurance Scheme will on the governments estimates cost the Commonwealth $1 billion over four years from 2012-13.

While this is only a first stage it is pleasing to see action and efforts beyond rhetoric to finally deliver a national scheme.

Equal Opportunity for Women in the Workplace Amendment Bill 2012 passed awaiting assent

The Legislation amends the Equal Opportunity for Women in the Workplace Act 1999 giving effect the government says to a 2010 election campaign commitment to support gender equality and improve workforce participation and workplace flexibility, through retaining and improving the Equal Opportunity for Women in the Workplace Act 1999.

For starters the amending law changes the name of the principal Act to the Workplace Gender Equality Act 2012 and the reason given for the change is to emphasise that the focus of the Act is on gender equality and seeking to improve outcomes for both women and men in the workplace.

The Equal Opportunity for Women in the Workplace Agency will also undergo a name change to the Workplace Gender Equality Agency. The title of the Director of the Agency will also change to the Director of Workplace Gender Equality, to reflect the new focus of the Act.

The principal objectives of the current law are amended to reflect the new focus of the Act being, to promote and improve gender equality in the workplace, with specific recognition of equal remuneration, family and caring responsibilities as issues central to the achievement of gender equality.

The passage of the legislation in the last week has been praised by commentators as “a significant improvement on its predecessor, the Equal Opportunity for Women in the Workplace Act 1999’. Helen Conway, the director of the Equal Opportunity for Women in the Workplace Agency, is quoted as saying “it represents a more contemporary approach to the issue of discrimination, particularly in relation to family and caring responsibilities”.

Kate Galloway (a senior law lecturer at James Cook University and PhD candidate at Melbourne University) in article (first appearing in Women's Agenda republished by SmartCompany) writes:

“I am undecided in my views on this change.

On the one hand, I have long been suspicious of the default position linking childcare with women's child-rearing responsibilities. Affordable and accessible quality childcare is widely recognised as essential to women's full civic participation, including in the paid work force. …

What if we reframed the issue of childcare to focus on children, instead of women? Should we not be challenging the implicit assumption that women alone will take time off to care for infants and young children? And the assumption that women alone should arrange and pay for childcare? I think the new legislation heralds the potential to break this deep-seated assumption.”

Read the full article here

More about the legislation here