At-fault companies to be liable under NDIS amendment
Jenny Macklin. Photo: Craig Sillitoe
The National Disability Insurance Scheme would be able to launch compensation claims on behalf of people with a disability under amendments to be introduced by Labor on Wednesday.
The proposed change is designed to ensure that in cases where a person has been harmed by the negligence of a company, the cost of that person's care and support are borne by the company rather than the taxpayer.
If the NDIS agency takes legal action, any damages awarded for pain and suffering or future earnings loss would be returned to the person with a disability, while the agency would receive compensation awarded for the care and support of the person.
The Minister for Disability Reform, Jenny Macklin, will also introduce an amendment to allow people who are diagnosed with a degenerative condition such as multiple sclerosis to receive early intervention support. Ms Macklin will also propose an amendment to make clear that a person receiving support under the scheme will be able to choose to remain in the scheme after they turn 65.
The government has accepted the Productivity Commission's recommendation that people not be able to enter the scheme after the age of 65, to avoid duplication with the aged care system.
Ms Macklin said the amendments responded to feedback received from people with a disability, their families and carers and from states and territories.
A Senate committee which has been examining the legislation will table its report on Wednesday. The government hopes to pass the legislation through both chambers of Parliament by the end of next week.