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Question and Answer Tracking Details

5304 - AGEING, DISABILITY AND HOME CARE EMPLOYEE CONDITIONS

Hornery, Sonia to the Minister for Family and Community Services, and Minister for Women representing the Minister for Ageing, Minister for Disability Services, and Minister for the Illawarra
  1. Will employees of Ageing, Disability and Home Care retain their current conditions and wages when their positions are transferred to non-government providers?
    1. If so, how long will these employees retain their current conditions and wages?
    2. If not, why won't these employees retain their current conditions and wages?
Answer -

In November 2013, the Parliament passed the NDIS (NSW Enabling) Act 2013 (the Act). The Act is designed to provide options for transferring funding, staff and assets to the non-government sector in a way that will help foster vibrant and diverse disability services to respond to significant growth that will be generated by the National Disability Insurance Scheme (NDIS).

The Act allows for the continuity of core entitlements of transferred employees including superannuation, continuity of service and retention of leave conditions including annual leave, sick leave, extended or long service leave.

Importantly, the Act is designed to enable transfers to take place as seamlessly as possible to ensure there is minimal impact on people with disability currently receiving supports.

The implementation of the NDIS will provide many options for these disability sector workers. It is expected client numbers will increase from around 95,000 now to 140,000 when the NDIS is fully rolled out in 2018, and as many as 25,000 new employees will be needed across New South Wales to meet the needs of the community.

The Fair Work Amendment (Transfer of Business) Act 2012 contains a provision for the preservation of terms and conditions.

Question asked on 18 March 2014 (session 55-1) and printed in Questions & Answers Paper No. 205
Answer due on 22 April 2014

The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.