House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-10-14 Daily Xml

Contents

DISABLED PARKING PERMITS

The Hon. S.W. KEY (Ashford) (16:09): I rise today to talk about an issue that has been ongoing in the electorate of Ashford and, I suspect, in other electorates, with regard to how one accesses a disabled parking permit. In this particular case, a constituent, on behalf of his wife who has macular degeneration, has tried to access a disabled parking permit and been refused a number of times.

In the most recent correspondence he has received, which is from Martin Small, Registrar of Motor Vehicles, dated 5 October, the response was that macular degeneration did not fit under the definition of 'disability'; and, basically, that 'sensory disabilities'—or 'visual impairment' as defined under the act—is not grounds for the carer (in this case the husband) to access a disabled parking permit for his wife when has to take her to different appointments and also general business that the family needs to do.

While the Motor Vehicles Act 1959 contains a provision for anything other than physical impairment, it seems to be a very harsh interpretation of what physical impairment would be, especially when you look at other acts. I refer to the Equal Opportunity Act 1984, Part 5, section 66(a), which provides:

if he or she treats another unfavourably because of the other's disability, or a past disability or a disability that may exist in the future;

Also, the interpretation of 'disability' states:

...in relation to a person, means—

(a) total or partial loss of a person's bodily or mental functions.

One of the grounds under the Equal Opportunity Act, of course, is 'the provision of goods and services'. I turn to the Disability Services Act 1993. Under section 3 of that act 'disability' is defined in relation to a person with a disability as:

(a) that is attributable to intellectual, psychiatric, cognitive, neurological,—

and I must emphasise this—

sensory or physical impairment, or a combination of any of those impairments; and

(b) that is, or is likely to be, permanent; and

(c) that results in the person having—

(i) a reduced capacity for social interaction, communication, learning, mobility, decision making or self care.

'Disability services' means:

services provided, whether wholly or partially, for persons with disabilities or their carers, and without limiting the generality of the expression, includes—

and there are a whole lot of areas included, including subsection (m) which is 'transport services'. I would have thought that not only does the application for a disabled parking permit fit within the equal opportunity and the disability services legislation with regard to 'disability' but also under the Disability Services Act with respect to 'transport services'. I would have thought that a disabled parking permit fits under that particular service.

I would like to say that I understand that the Registrar of Motor Vehicles does have a difficult time in receiving all these applications, but I really cannot see how macular degeneration could be excluded as a disability under this act; and, if that interpretation is, in fact, supported, I think there needs to be amendments.

Time expired.