Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 April 2025.)

The Hon. B.R. HOOD (16:59): I rise today as the lead speaker for the opposition in support of the Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill 2024. This bill matters. It is not just technical and it is not just about wording; it is about giving real people the dignity, recognition and support that they deserve. For too long, our disability parking permits scheme has had a bit of a glaring flaw: it has required that person to have a physical impairment to qualify. That meant people with cognitive, behavioural or neurological conditions like autism were excluded. Now that will change, and it changes thanks to people like Tegan Cross.

Tegan is a mum from the Riverland. She has three boys, and all three are on the autism spectrum. They are strong, they are unpredictable and they need constant support from Tegan. Tegan simply wanted to make public outings safer and more manageable for her family. She applied for a disability parking permit and was denied because their disability was not physical.

What followed was an incredible campaign that was driven by love, determination and grit. She went to departments, she went to ministers and she was even told jokingly that she would have to change the law—and now, through this bill, she has.

I want to thank the member for Chaffey for his advocacy. He stood shoulder to shoulder with Tegan and helped bring this issue to the fore. This bill is a win for people like Tegan, but it is also a win for South Australia because it reflects who we are and what we value. This bill does several key things:

it expands the eligibility to include cognitive, behavioural and neurological impairment;

it allows for temporary impairments of more than six months;

it removes the outdated public transport restriction—no longer do people have to prove that they cannot use a bus or train to qualify; and

it aligns South Australia with other jurisdictions.

It updates our language as well: 'disabled person' becomes 'person with a disability' and 'disabled person's parking permit' becomes 'disability parking permit'. These changes matter, as they bring us into step with modern language, community expectations and legal frameworks such as the NDIS.

The disability group Purple Orange have provided some valuable feedback on the bill to me. They made several suggestions, especially around language and whether more detail should sit within the act instead of the regulations. The minister responded appropriately in the House of Assembly. He made it clear that while not every request could be met, the terms used in this bill were consistent with national frameworks and practical for administration. I thank Purple Orange for their contribution, as it was constructive and helped shape the conversation and improve transparency.

This bill will likely increase demand for disability parking spaces. That is certainly not a reason to stall progress. We did ask questions in the House of Assembly regarding that. I believe that it is more a commonwealth matter and also a matter within private businesses as well. But we do need to plan, we need better data and we need local government and businesses to respond to that.

The then Assistant Minister for Autism, who is now a minister, the Hon. Emily Bourke, described this as an economic opportunity for shopping centres, sporting clubs and for event organisations to improve their accessibility, and we agree. Let's seize that opportunity.

Finally, this bill is about recognising that disability is not always visible. Some people need some extra help and they should not have to fight the system to get it. With this bill, this parliament is saying loud and clear: we see you, we hear you and we have your back. I commend the bill to the council.

The Hon. F. PANGALLO (17:03): I rise to say that I will be supporting this bill. It makes allowances for others in the community who may not have obvious mobility issues, like anxiety disorders that could be experienced by persons with neurodivergent autistic conditions. This bill brings the South Australian parking permit system into line with other jurisdictions. Importantly, it removes a requirement that you are physically or otherwise impeded from using public transport as a test. This is no longer going to be a test. Like other jurisdictions, it also allows that mental impairments and being permanently in a wheelchair and being vision impaired will also qualify a person for a disability parking permit.

Advisers noted that there is often a need for autistic or neurodivergent children to have disabled parking permits because negotiating longer distances is harder when there are access barriers to car travel if you have to park and walk a long way in busy, noisy environments—for example, going to concerts or the football.

There are sports like basketball that do have special rooms where noise-sensitive children and adults can escape the loud environment. I understand the government is also looking at funding a special bus to transport people to events and I applaud the Minister for Autism, the Hon. Emily Bourke, for that unique initiative and I look forward to that coming to fruition.

As I said, I will flag that I am supportive of this. I am pleased that on my travels around Adelaide and other places where I do see disability car parking areas that generally South Australians are very respectful of those spaces and I do not see many instances of people who have no obvious disability and do not have a permit attached to their rear-view mirror taking up those spaces. Unfortunately, there are not enough of them, and I think that is an issue hopefully we can address.

I would also like to flag that I am developing a bill right now about other accessibility issues for disabled persons and it is not just about finding a car park. Disabled people are disadvantaged in many places in our community, such as attending sporting or cultural events. There never seems to be enough space or seating allocated for them and it is unfair that they must miss out on the same enjoyment that is experienced by able-bodied persons. This lack of inclusivity needs to be corrected and I hope that when I introduce my bill it garners support from my parliamentary colleagues. With that, I commend the bill.

The Hon. S.L. GAME (17:06): I rise to speak briefly on the Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill. This bill is designed to provide more choice and flexibility for people in our community who are living with a disability. It is clear that the requirements under the current act for someone to be eligible for disability parking were too rigid and outdated, but I acknowledge concerns raised about the potential reduction in the availability of disability parking.

Nevertheless, the fact that the vision impaired in our community and individuals with mobility issues related to cognitive, behavioural and neurological impairment are currently excluded from receiving a disability parking permit should be enough to override concerns about the future availability of disability parking. Our community acknowledges the significant challenges facing individuals living with a variety of neurological conditions and so it is both sensible and practical that this understanding and support be extended to the simple common and daily act of parking.

This proposal will alleviate the stress and complications for many families and individuals in going about their daily lives and it will also bring our state laws up to date with other jurisdictions. With that, I offer my full support for the bill.

The Hon. T.A. FRANKS (17:08): I rise briefly to speak in support of the Motor Vehicles (Disability Parking Permit Scheme) Amendment Bill. It is rare in this place, of course, that we get to debate and pass legislation that reminds us of the positive impact that we can have in the parliament. While much of the legislation we debate is often complex and the tangible benefits difficult to see, this bill is an example of the direct positive impact parliament can have.

This bill addresses some key concerns and will improve the disability parking permit scheme operating in South Australia. Importantly, it will mean that the eligibility criteria for a permit will be prescribed by regulations, allowing for a broader availability of the scheme. For example, it could mean that people with neurological conditions are able to access a permit, where they currently may find it difficult to do so.

Some of the conversations between my office and the department have indicated the government plans to undergo a thorough consultation on the regulations and is working to a realistic but appropriately urgent timeline. I am very glad to hear this from the government. It has been incredibly important to ensure that this consultation is done correctly, because, as we have seen time and time again, the best way to develop legislation that will help people living with a disability is by including them in every step of that development and, indeed, in the process of co-design.

Autonomy and self-determination are key to the empowerment and support of people with a disability, and I hope that this consultation process will give an opportunity for experts and people with lived experience to shape the regulations. The bill also updates terms that are outdated and inserts more inclusive and modern terminology that brings our legislation into line with community standards.

Furthermore, the bill removes the requirement that a person with a permanent or temporary impairment demonstrate that their use of public transport is impacted by this impairment, so that is also a welcome change. I urge the government to ensure that this does not lead to a lack of urgency in ensuring better public transport options here in our state. They should be fully accessible to all South Australians. This bill is a huge step in the right direction, and we must all be aware that this is not the end of our work to support this community and all in our community. With that, I commend the bill.

The Hon. J.S. LEE (17:10): I rise today to support the amendment of the Motor Vehicles Act to redefine the disability parking permit (DPP) scheme. The bill updates terminology to use more inclusive and representative language. Terms such as 'disabled person' will be replaced with 'person with a disability', and 'disabled persons parking permit' will become 'disability parking permit'.

Currently, the DPP scheme is limited by criteria that do not fully encompass the needs of all individuals with disabilities. Inclusive and representative language is important in all aspects of life and community. However, when we are talking about a person with a disability, it is even more so. The change to the language to be more inclusive aligns this bill with modern practices and with other jurisdictions. It is important that the changes that are made here are fit for purpose and encompass the need to broaden the scope of the permits to include neurological conditions, where the condition impacts a person's ability to mobilise safely from a vehicle to their destination.

My own personal experiences with my late father-in-law highlight the necessity of these permits to the lives of not only individuals with a disability but also their families and caregivers. By enabling closer parking to entrances with wider spaces for easy access, we ensure that my father-in-law, for example, can be assisted more readily to move safely from the car park to places such as a medical clinic, pharmacy or shopping centre. This allows people with a disability to continue participating in daily life, remain an active part of their community and significantly lessens the challenges that caregivers have to deal with when caring for people with different disabilities.

Experts in disability policy emphasise that expanding the criteria for disability parking permits to include neurological or cognitive conditions is essential for ensuring fair access for all individuals with disabilities. This change recognises the varied challenges faced by people with different types of impairments and supports a more inclusive society.

These changes will also significantly impact carers of persons with disability. Caregivers often face challenges in ensuring the safety and accessibility of their loved ones. By broadening the scope of the DPP scheme, not only are we supporting individuals with disabilities but we are also easing the burden on their carers and allowing them to provide better care and support.

It is pleasing to note that these changes will ensure that the outdated requirement that an applicant's ability to use public transport must be significantly impeded is being removed and that all legally blind applicants will be eligible, removing ambiguity from the act. With those remarks, I fully support the bill.

The Hon. E.S. BOURKE (Minister for Emergency Services and Correctional Services, Minister for Autism, Minister for Recreation, Sport and Racing) (17:14): It is with great pleasure that I rise to speak in support of this bill. In July 2022, we as a government hosted the first of many forums with the autistic and autism communities. Just weeks later, I was given the honour by the Premier to become the world's first autism assistant minister. As I made very clear when I was appointed to that role, I was coming into it with very little knowledge regarding autism. I knew that the best way to build knowledge in this space was to listen and learn from the people who had the most knowledge, that is, the autistic and autism communities.

So on that July night in Parliament House, the Old Chamber quickly filled to capacity with members of the autistic and autism communities, many who had been waiting for far too long to share their stories with a panel of government ministers focused on autism. I am not sure if the member for Chaffey, Tim Whetstone, from the other place remembers this but it was he who ushered Tegan and her son Alexander into the old chamber for that forum that evening. Tegan and Alexander were in the front row right until the very end of the forum, and I also think it was Tegan who asked the very first question, sharing her and her family's story of having an autistic son and living regionally in the Riverland.

That forum, which ran well into the evening, made it clear to me that in order for our bold autism policy agenda to be successful, there was a lot more listening and learning that our government had to do. Many more forums followed, and events and consultation have occurred since that night in Parliament House with Tegan and Alexander. Tegan has been a contributor at many of these events, helping to arrange our State Autism Strategy Forum in the Riverland, participating in consultation on the National Autism Strategy and also speaking regularly with my team.

It was Tegan who raised with me her concerns around the eligibility of disability parking permits in South Australia. As has been mentioned, historically the Disability Parking Permit Scheme has required a person to meet fixed criteria that includes having a 'physical impairment' that impacts their mobility and also significantly impairs their ability to use public transport. This criteria has meant that South Australians with a behavioural neurological condition who also do not have additional mobility needs cannot be granted a disability parking permit under the act.

Tegan has been committed to seeing this changed, advocating not only for her family but for many families and individuals across the state who know that having access to a disability parking permit would be life-changing. Tegan's continued advocacy has paid off. Now our government is proposing an historic overhaul of the Motor Vehicles Act and we will see the Disability Parking Permit Scheme expanded for the first time in a quarter of a century to include people with a neurological difference such as autism who are unable to independently mobilise safely without the continuous support of another person.

Further, this updated scheme will also clarify the criteria for passengers who are legally blind and will bring us in line with other states and the country by removing the requirement that an applicant's ability to use public transport must be significantly impaired. I thank the Minister for Infrastructure and Transport, his team and the department for their considered work on this historic change, and what some might say is an overdue overhaul of this important scheme. I would also like to thank the member for Chaffey, Tim Whetstone, from the other place for not only chaperoning Tegan to the government's very first autism forum in Parliament House but also for meeting with us to discuss this issue to advocate for a local resident in his community, Tegan, and for throwing his support behind this important legislation.

I know these changes will have an impact on many families and individuals who will now have the confidence to go to their local shops or their local medical appointments and know that they will be eligible to use more accessible parking spaces. For local businesses, this is an economic opportunity, an opportunity to help a new cohort of clients and customers better access services. To Tegan, thank you for your continued advocacy, support and collaboration not only with my office—particularly Lydia in my office, and a big shoutout to her as well for helping making this happen—but also with helping to make South Australia the autism inclusive state.

We know that change sometimes is hard but today we have seen a bill before us that many have been able to support because it is knowledge that has enabled these changes to occur. By working together not only across the community but also across government, we have been able to achieve a change that has not happened for a substantial period of time. To each and every person involved in this process, I would like to say thank you. I know many people's lives will be better because of these changes.

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (17:19): I thank all honourable members for their contributions: the Hon. Ben Hood, the Hon. Frank Pangallo, the Hon. Sarah Game, the Hon. Tammy Franks, the Hon. Ms Lee and the Hon. Emily Bourke. Everyone has spoken well to the reasons for the changes that are proposed in this bill. In looking at the history of this bill and the changes that have occurred in understanding of disability, we understand that it is not purely a physical disability that may require someone to need a disability permit. I look forward to the committee stage and commend the bill to the chamber.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (17:21): I move:

That this bill be now read a third time.

Bill read a third time and passed.