Hipkins ChrisNEW ZEALAND PUBLIC HEALTH AND DISABILITY AMENDMENT BILLSecond ReadingHon CHRIS HIPKINS (Minister of Health) on behalf of the Associate Minister of Health: I move That the New Zealand Public Health and Disability Amendment Bill be now read a second time. I want to thank everybody who made a submission on the bill including those who spoke at the Health Committee via Zoom. I also want to thank members of the Health Committee for their thorough consideration of the bill. The committee unanimously recommended that the bill progresses with only one amendment which was to change the date the Act comes into force from 1 September 2020 to 30 September 2020.The bill will repeal Part 4A of the New Zealand Public Health and Disability Act 2000 in its entirety. It will also make consequential amendments to the definition of employer" in section 5 of the Care and Support Workers (Pay Equity) Settlement Act 2017 by removing the reference to a family care policy as defined in section 70B of the New Zealand Public Health and Disability Act 2000. Since 2013 funded family care has allowed payment of people to care for family members assessed as having high or very high support needs related to disability and long-term chronic health conditions mental health and addiction and aged care needs. The bill is one of a suite of changes to funded family care.The main intent of the bill is to remove the discriminatory elements of the current legislation that have attracted national and international criticism since it was introduced. Change to funded family care is also a priority in the health and disability sector work programme and two important nationwide plans: the Disability Action Plan and the Mahi Aroha - Carers' Strategy Action Plan.I acknowledge the frustration of the sector and the length of time it has taken for the bill especially when the original bill was introduced and passed in one parliamentary sitting day. While the bill is very simple it is a powerful and just response. Part 4A had become a symbol of the frustration felt by many people including both those needing care and support and those providing it. It's important that all of those people had the opportunity to have their views on the bill heard. The repeal of Part 4A is of course just one of a suite of changes to the payment of family carers called for by the sector. There was widespread support for the removal of the restriction on taking claims of unlawful discrimination that relate to family care policies to the court or to the Human Rights Review Tribunal. Many submitters commented on how unfair the restriction was and how relieved they were to see it being removed.Positive policy changes have been made. These changes remove the majority of the issues that moved people to take legal action in the first place. I note that many submitters also took the opportunity to raise wider policy and process issues that are outside the scope of the bill but related to the payment of family carers. These included the needs assessment process the allocation of hours safeguarding and advocacy consultation on any further changes to paying family carers and the need for better recognition and support of the caring role. These issues will continue to be addressed.The Health Committee unanimously recommended the change of date as I just mentioned. The reason for that change to 30 September meant that it will align with the intended completion of the transition of current Disability Support Services family funded care recipients. Disabled people now have a choice of two new ways to pay family members. This is through individualised funding or a home and community support services provider.Finally the repeal of Part 4A coming into force on 30 September will signal the end of all statutory policy operational and payment components of the current funded family care framework but not the payment of family carers which will continue under the new arrangements. Part 4A has for too long discriminated against the fundamental right for people to be involved in the decisions that affect them and the right to complain about policies related to those decisions. Today we are one step closer to fixing that injustice and I commend the bill to the House."