Bills

Disability Inclusion Bill

Second Reading

Adjourned debate on second reading.

(Continued from 9 May 2018.)

The Hon. C.M. SCRIVEN (16:31): I rise to make a contribution to the second reading of the Disability Inclusion Bill on behalf of the opposition in this place. The Labor opposition is proud of the fact that, when in government, we ensured that South Australia was one of the first jurisdictions in Australia to sign up to the National Disability Insurance Scheme. We are proud of the fact that, as a result of this Labor commitment, South Australia will also be one of the first jurisdictions to achieve full scheme implementation.

We recognise that the National Disability Insurance Scheme (NDIS) will mean better care, increased choice, more control and greater participation in everyday life for people living with disability. It will focus on ensuring that every community member can participate in every aspect of community life and in our economy. In light of the transition to the NDIS, the objectives that are broadly embodied in the Disability Inclusion Bill are necessary to better clarify this state's role in providing much-needed support to people with a disability.

I note that the bill broadly focuses on rights and inclusion, which is in line with the United Nations Convention on the Rights of Persons with Disabilities and the National Disability Strategy. The bill aims to legislate to ensure that consideration of the issues faced by people living with disability in South Australia are integrated into policy and programs that impact them. A strength of the bill is the strong focus on disability inclusion planning, specifically, the requirement that a state disability inclusion plan be developed every four years.

The opposition supports the requirement that state government departments, statutory bodies and local councils must develop and implement their own disability access and inclusion plans every four years. Meaningful disability access and inclusion plans are essential if we are committed to achieving key policy priorities for people with disability in South Australia. I understand that these plans will seek to address the barriers and specify the action required to ensure that people with disability can contribute and participate more fully in their communities.

It is important that there is provision to make regulations for a Community Visitor Scheme, particularly in light of the review into how such a scheme may be impacted at a federal level under the NDIS. We support the inclusion at part 7 for the establishment of a scheme for a community visitor or visitors, should the need arise.

The opposition intends to move two separate amendments once we arrive at the committee stage of this deliberation. The first amendment seeks to establish an independent disability advocate to safeguard the rights of people with disability and ensure that South Australians get the support they are entitled to under the National Disability Insurance Scheme. The advocate would provide a stronger voice for people with disability and help improve service delivery, business practice and social inclusion.

It is intended that the independent disability advocate would be established within the office of the Equal Opportunity Commissioner. I look forward to speaking to this amendment later in the debate and articulating the specific powers and functions that an advocate will need to achieve these objectives.

The second amendment seeks to double the number of people with disability employed within state government. The purpose of the amendment is to ensure government is responsible for increasing the proportion of the state public sector workforce with an identified disability from 1.36 per cent to 3 per cent.

We know that in South Australia, more than one in five people—around 350,000 people or 21 per cent—report having a disability. We also know that financial security and employment have been identified as key policy priorities by people with disability in South Australia, and so it is imperative that meaningful employment that provides security for people with disability is available in the South Australian public sector.

I note that some amendments are going to be moved by the Minister for Human Services, and the opposition would like to have time to address those and consider them in due course. I thank the council for enabling me to put these remarks on the record in relation to the Disability Inclusion Bill. While the opposition supports the intent of the bill, we look forward to its passage through the Legislative Council and through the parliament being strengthened by our amendments to provide certainty and support for those living with a disability in our community as we transition to the full implementation of the NDIS.

The Hon. T.A. FRANKS (16:35): I rise briefly to indicate the Greens' support for the second reading stage of the Disability Inclusion Bill before us. In doing so, I refer members to my remarks on the Disability Inclusion Bill that was brought before the last parliament under the previous government. We were prepared to support it then and we are prepared to support it now. We are somewhat disappointed that it did not pass the parliament in a timely fashion prior to the prorogation of the previous parliament. Of course, new disability legislation is required within the transition to the NDIS and in moving from a state funding model to the new federal funding model.

The focus of this new bill is to provide that legal framework to support a whole-of-government approach to access and inclusion for people with disabilities, including achieving that very necessary positive cultural change. In moving from that state funding model, the Disability Inclusion Bill places a particular focus on the rights of persons with disabilities, as defined by the United Nations convention. The Greens welcome reference to our human rights in all legislation and certainly welcome it in this one.

The bill outlines the roles and responsibilities of the state government in disability following the transition to the NDIS. This includes advancing the interests of people with a disability through mainstream programs and policy development, particularly in relation to the national disability scheme and in understanding disability access and inclusion planning, including a requirement to develop a state disability inclusion plan to coordinate and guide disability access and inclusion plans prepared by state government departments and local councils. This bill also empowers the state government to make safeguarding regulations deemed necessary in the NDIS environment.

The bill defines the state government's role in creating accessible and inclusive communities, and supports South Australia's role in the National Disability Strategy. While the NDIS will cover specialist disability support, people with disability also access mainstream services provided by the state government. I note, for example, the National Relay Service and the concerns at the moment with the diminution of funding to that service, which will in fact restrict access, not just to disability services for those people who are deaf or hard of hearing, who need those essential services, but to many other services. I reiterate the Greens' concerns that have been previously raised in this council with regard to that issue.

I thank the previous minister, minister Hildyard, for her briefings. I thank the current minister, minister Lensink, for her briefings with regard to both of these bills. I note that we have a series of amendments. Whereas before we had a raft of amendments from the Hon. Kelly Vincent, the former member for the Dignity Party, we now have a series of amendments from both the opposition and the government, some of which address the concerns that were raised by the Hon. Kelly Vincent.

The Greens, at that time, expressed our concerns with ensuring that a community visitor was a must in any legislation and certainly appreciated previous minister Hildyard's assurances that the use of the word 'may' was simply for the transitional nature of that particular time, which of course has now passed, well and truly. We are interested to ensure those hard-won gains. It took so long for South Australia to embrace a Community Visitor Scheme in this state, and I commend the Hon. Michelle Lensink for her work in that.

I also note that I had some work done in ensuring a community visitor in the mental health space in my previous role as a policy officer for the Mental Health Coalition of South Australia, dragging the then health minister kicking and screaming by forcing that change through the parliament rather than through the machinery of government. I note, with great concern, that there is a time factor here—a pressing time factor—with regard to the screening mechanisms and that that really needs to be put in place urgently.

With those few words, I look forward to debating both the government amendments, some of which address the Hon. Kelly Vincent's concerns raised last year, and also the new opposition amendments to their own bill, which is now presented here as a government bill, yet again. I welcome the leadership that they are showing from the opposition benches that was not shown from the government benches. I look forward to the debate.

Debate adjourned on motion of Hon. D.G.E. Hood.

At 16:41 the council adjourned until Wednesday 30 May 2018 at 14:15.