NSW Consent and Information Sharing Requirements for the Ageing and Disability Commissioner

Ageing and Disability Commissioner Amendment Bill 2023

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

The Commissioner must get an adult's consent before investigating abuse, neglect or exploitation; exceptions apply for safety risks or if the adult cannot consent
The Commissioner does not have to refer a report if they believe the adult does not want it referred
The Commissioner can share information with support providers to help keep adults with disability or older adults safe
Support providers can give relevant information to the Commissioner to help them handle reports
Providers of visitable services must give the Commissioner their contact and location details in writing; failure to do so carries a fine
Official Community Visitors can now give advice and information to the Ageing Minister, the Commissioner, the Department Secretary or the NDIS Commissioner
The Commissioner must ensure the Ageing and Disability Advisory Board is diverse; it must include at least two older adults

The Debate

What different members said when this bill was debated:

Natasha Maclaren-Jones LIB

“I lead for the Opposition in debate on the Ageing and Disability Commissioner Amendment Bill 2023 and state that the Liberals and The Nationals support the bill. However, I will move an amendment in the Committee stage to establish a parliamentary joint committee to monitor and review the functions of the commissioner.”

Official source →

Abigail Boyd GRN

“As The Greens disability rights and inclusion spokesperson, I contribute to debate on the Ageing and Disability Commissioner Amendment Bill 2023. The Greens support the bill, which will amend the Ageing and Disability Commissioner Act 2019 to implement all except two of the recommendations of the 2023 statutory review of the Act.”

Official source →

Emily Suvaal ALP

“I contribute to debate to support the Ageing and Disability Commissioner Amendment Bill 2023. I start by noting the unique situation we are in, with a reform‑rich environment for disability policy on a broader scale. We have received significant recommendations from the disability royal commission and the NDIS review for governments to consider.”

Official source →

Stephen Lawrence ALP

“I speak in support of the Ageing and Disability Commissioner Amendment Bill 2023. The bill amends the Ageing and Disability Commissioner Act 2019 and follows an independent statutory review of the Act.”

Official source →

Bob Nanva ALP

“I am also pleased to speak in support of the Ageing and Disability Commissioner Amendment Bill 2023. It is abundantly clear that following the very good independent statutory review of the Ageing and Disability Commissioner Act that changes needed to be made, particularly the changes in the bill being debated today.”

Official source →

Mark Buttigieg ALP

“The bill amends the Ageing and Disability Commissioner Act 2019 to implement a number of recommendations arising from the independent statutory review of the Act. I acknowledge the contributions of the Opposition and The Greens regarding the creation of a new joint parliamentary committee. The Government has been clear on that issue. We fundamentally believe in transparency and accountability.”

Official source →

News articles and press releases

Ageing and Disability Commissioner Amendment Bill 2023

Ms KATE WASHINGTON, Minister for Families and Communities — 2023-11-29

The bill makes the following key changes. It allows the Ageing and Disability Commissioner discretion to refer relevant reports to other bodies, and to not refer reports if the adult does not wish the information to be reported. It extends the circumstances in which the commissioner may investigate allegations without the consent of the relevant adult to cover situations where the commissioner cannot obtain access to the person. It broadens information sharing with organisations and individuals that provide supports to adults with disability or older people. It permits Official Community Visitors to provide advice to the Department of Communities and Justice and the NDIS commissioner, in addition to myself as Minister, and to the Ageing and Disability Commissioner. It requires service providers to notify the Ageing and Disability Commission about contact details.