Legislative Council Fifty-Fifth Parliament, First Session (55-1) 55 1 Parliament of South Australia Legislative Council published Bills Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill Second Reading Second Reading The Hon. K.J. MAHER Legislative Council Minister for Aboriginal Affairs Attorney-General Minister for Industrial Relations and Public Sector Special Minister of State The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (17:07): I move: That this bill be now read a second time. I seek the leave of the chamber to insert the second reading explanation and explanation of clauses in Hansard without my reading them. Leave granted. I rise to introduce the Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill 2024 (the Bill). The Bill amends the Motor Vehicles Act 1959 (the Act) to make changes to the parking permits scheme for persons with a disability in the Act. In future, the eligibility criteria for a permit will be prescribed by the regulations. It is intended to broaden the availability of the scheme to make it available to those, for example, with neurological conditions in situations where the condition impacts a person's ability to mobilise safely. Part 3D of the Act enables the Registrar of Motor Vehicles to effectively regulate the issuing of a Disabled persons' parking permits to assist with a temporary or permanent disability and to organisations which provide services to people with a disability. Part 3D of the Act has not been significantly amended for some time and changes to the scheme's eligibility criteria are needed to ensure the coverage of the scheme is appropriate. The Bill updates terms, with 'disabled person' being amended to become a 'person with a disability' and a 'disabled person's parking permit' becoming a 'disability parking permit' (DPP) throughout Part 3D of the Act. The new terms are more inclusive and reflect modern practice and language. The Bill amends section 98X of the Act, which deals with the mobility impairment criteria that a person with a 'temporary or permanent physical impairment' needs to satisfy for a DPP. Currently, the requirements are to show that a person's speed of movement is severely restricted by the impairment, and that their ability to use public transport is significantly impeded by the impairment. No other Australian jurisdiction requires a person to be impeded in using public transport in order to be issued with a DPP. The Bill amends the section to remove this requirement. This will improve accessibility to the scheme and bring South Australia into line with other jurisdictions. The Bill also updates section 98X of the Act so that the definition of a person with a disability, for the purposes of Part 3D of the Act, means a person who meets the eligibility criteria prescribed by the regulations. Moving the criteria to the Regulations will enable the eligibility criteria to be more readily adaptable as time goes on. This will ensure that the legislation reflects a contemporary understanding of disability and access needs for designated parking areas for people with disabilities. It will still be necessary for applicants who have a temporary or permanent disability or impairment to satisfy criteria concerning restricted mobility. Rather than being contained in the Act, however, the criteria will instead be located in the Regulations, after consequential changes are made. The Bill also amends section 98S of the Act to delete the reference to 'physical' in referring to a temporary impairment. This change makes clear that non-physical temporary impairments such as significant cognitive, behavioural, or neurological impairments, can be specifically included in the scheme, as well as physical impairments. The Regulations are intended to be amended to expand the eligibility criteria for a DPP so that applicants with significant cognitive, behavioural, or neurological impairments may be eligible for a DPP where the impairment prevents the person from being able to independently mobilise safely without the continuous support of another person. Depending on the particular circumstances, this could potentially include conditions such as autism. It is also anticipated that the Regulations will specifically address legally blind applicants, including temporary vision loss. Both Queensland and Western Australia have stand-alone provisions for legal blindness in their disability parking permit schemes. I commend the Bill to the Chamber. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title 2—Commencement These clauses are formal. Part 2—Amendment of Motor Vehicles Act 1959 3—Amendment of heading to Part 3D This clause updates the heading to Part 3D of the Act and is consequential on other amendments proposed by this measure. 4—Amendment of section 98R—Application for permit This clause changes references to disabled persons to people with disability and updates the name of the disabled person's parking permit to a disability parking permit. 5—Amendment of section 98S—Duration and renewal of permits This clause relocates the definition of temporary impairment from section 98X of the Act and removes the requirement for a temporary impairment to be physical. It also changes a reference to a disabled person to a person with a disability and updates the name of the disabled person's parking permit to a disability parking permit. 6—Amendment of section 98T—Permit contents, conditions and entitlements This clause changes a reference to a disabled person to a person with a disability and updates the name of the disabled person's parking permit to a disability parking permit. 7—Amendment of section 98U—Misuse of permit This clause changes a reference to a disabled person to a person with a disability and updates the name of the disabled person's parking permit to a disability parking permit. 8—Amendment of section 98V—Cancellation of permit This clause changes a reference to a disabled person to a person with a disability and updates the name of the disabled person's parking permit to a disability parking permit. 9—Amendment of section 98WA—Interstate permit holders have reciprocal entitlements This clause updates the name of the disabled person's parking permit to a disability parking permit. 10—Amendment of section 98X—Interpretation This clause changes a reference to a disabled person to a person with a disability. It also replaces the definition of disabled person with definition of person with a disability. Debate adjourned on motion of Hon. H.M. Girolamo.