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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
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DISABILITY SERVICES (RIGHTS, PROTECTION AND INCLUSION) AMENDMENT BILL

Introduction and First Reading

The Hon. A. PICCOLO (Light—Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (15:47): Obtained leave and introduced a bill for an act to amend the Disability Services Act 1993. Read a first time.

Second Reading

The Hon. A. PICCOLO (Light—Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (15:47): I move:

That this bill be now read a second time.

The process of having this bill brought to this parliament started some time ago and it was actually a commitment made by the previous minister to introduce this act which was delayed because of the introduction of DisabilityCare Australia.

What I can advise the house is that I sought to engage the disability services sector and the sector more generally, in the preparation of this bill to ensure it reflects the current needs of people living with a disability.

I held a consultative round table on 27 June to seek opinion on key issues which are of importance to the South Australian disability sector and how it can be reflected in a legislative framework. I can advise the house that a number of disability advocates, including service providers and peak organisations, were involved in that round table to share their views.

As a result of that round table, my agency went away and looked into the various issues raised to see how it could be converted into legislation. A second round table was held on 7 August where we went through the possibilities and what could be converted into legislation. As a result of that, a further feedback session was held just yesterday and I can indicate to the house that a draft bill was actually discussed and obtained the support of those people who work in the disability sector—they were happy with it.

I indicate my thanks to my departmental staff, Dr David Caudrey, Barbara Weis and Joe Young, who assisted with the preparation of this legislation. I would also like to thank a range of disability service providers and peak organisations, and acknowledge the contribution of the Health and Community Services Commissioner, the Public Advocate and the Equal Opportunity Commissioner, who have provided advice and participated in the round table. I would also like to acknowledge Our Voices Consumer Group, who put views on behalf of people with disability, and also a number of other people who have helped in giving advice to bring this bill before parliament. I seek leave to have the remainder of the second reading explanation and explanation of clauses inserted into Hansard without my reading it.

Leave granted.

I am pleased to introduce the Disability Services (Rights, Protection and Inclusion) Amendment Bill 2013 ('the Bill') to the House.

This Bill seeks to amend the Disability Services Act 1993 to provide greater legislative protections for people with disability.

The amendments will ensure that people with disability are able to exercise greater choice and control over their lives and ensure appropriate protections of the rights of people with disability.

The Bill seeks to promote the rights of people with disability and ensure they enjoy adequate safeguarding protections and inclusion.

The following provisions are contained in this Bill:

Referencing the United Nations Convention on the Rights of Persons with Disabilities

Enshrining the right of people with disability to exercise choice and control in relation to decision-making

Referencing other national and state discrimination legislation

Mandating a requirement for disability service providers to have accessible and well publicised complaints and grievance procedures

Protections for those who complain or report bad treatment

Mandating a requirement for disability service providers to have in place safeguarding policies and procedures

A power to enable the Minister for Disabilities to make regulations covering the issue of reporting on outcomes with a view to monitoring and action on a lack of appropriate performance by government and government-funded agencies

The former Social Inclusion Board undertook two years of consultation on issues of importance to people with disability, their families and carers. This work culminated in their 'disability blueprint' for South Australia. South Australia has made significant strides in driving disability reform. In a number of areas we have surpassed the goals laid out in the disability blueprint. With the introduction of the National Disability Insurance Scheme (NDIS) Act 2013, the disability services and disability legislation landscape has been significantly changed.

In recent months, the government has hosted two consultative roundtables to discuss the South Australian disability legislative framework with key people with disability, disability advocates, carers and sector representatives. A common theme arising from these consultations is that, while the current legislation does not cause any impediments, there is a desire, on the part of people with disability and the wider community, to see the rights of people with disability enshrined in legislation, and for there to be a greater focus on safeguarding people with disability. We are not talking about the need for a whole new Act. There are a few key issues that people with disability have stated that they want legislated in this Bill.

I now turn to key provisions of the Bill.

Referencing the United Nations Convention on the Rights of Persons with Disabilities

This Bill explicitly acknowledges Australia's commitment to, and support of, the principles enshrined in the United Nations Convention on the Rights of Persons with Disability. The Bill recognises the Convention as a set of best practice principles that should guide policy development, funding decisions, and the administration and provision of disability services. Adding this to the Principles in Schedule 1 will mean that the Minister could impose performance requirements in accordance with the existing section 5(2) where appropriate.

Enshrining the right of people with disability to exercise choice and control in relation to decision-making in their lives

The provisions in this Bill acknowledge and support the rights of people with disability to exercise choice and control over their own lives and the positive impact this control can have on a person's quality of life, health and wellbeing. This Bill highlights the importance for people with disability and their intrinsic human rights to be at the centre of disability legislation.

Mandating a requirement for disability service providers to have accessible and well publicised complaints and grievance procedures

The Bill requires that disability service providers have in place appropriate policies and procedures for dealing with complaints and grievances. This includes having in place a referral mechanism to the relevant statutory complaints or dispute resolution bodies, including the South Australian Health and Community Services Complaints Commission, the South Australia Office of the Public Advocate, the South Australia Equal Opportunity Commission, the Federal Disability Discrimination Commissioner and the Federal Human Rights and Equal Opportunity Commission when appropriate.

Under this Bill, information about these policies and procedures must be readily accessible by people accessing services.

Protections for those who complain or report bad treatment

We know that people with disability and their families may be reluctant to report poor treatment or abuse for fear of retribution.

For this reason, this Bill introduces an explicit statement of protection, which will make it unlawful to persecute or victimise someone who makes a complaint or reports bad treatments.

Mandating a requirement for disability service providers to have in place safeguarding policies and procedures

This Bill sets out new requirements for disability service providers to have in place policies and procedures for ensuring the safety and welfare of people accessing their services. These policies and procedures will cover a range of issues relating to the safeguarding of people with disability, including:

the management of care concerns

restrictive practices

supported decision making and consent

disclosure of abuse or neglect

reporting of critical incidents

Under this Bill, these policies and procedures must be reviewed at least once a year.

Referencing other national and state discrimination legislation

The Bill stipulates that disability services are to be provided in compliance with all relevant State and Commonwealth laws. Adding this to the Objectives in Schedule 2 will mean that (as with other measures in the Bill) the Minister can impose performance requirements in accordance with the existing section 5(2) where appropriate.

A power to enable the Minister for Disabilities to make regulations covering the issue of reporting on outcomes with a view to monitoring and action on a lack of appropriate performance by government and government-funded agencies

Monitoring outcomes and continued service improvements are important mechanisms in ensuring disability service providers are delivering high quality service provision. This Bill provides a regulation making capacity to require providers of disability services or researchers to provide specified information for the purpose of assessing the outcomes of funding, rather than simply outlining how money is spent.

Overall, the amendments proposed by the Bill will ensure that people with disability are able to exercise greater choice and control over their lives and ensure appropriate protections of the rights of people with disability. Further, it will deliver improved legislative provisions in the interests of safeguarding people with disability. These are the provisions call for by people with disability, their families and carers

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Disability Services Act 1993

4—Substitution of section 2

This clause adds 3 new objects to the Act as follows:

to acknowledge and support the rights of people living with disabilities to exercise choice and control in relation to decision-making; and

to ensure that disability services provided by the government or funded under this Act are of the highest standard and are provided in a manner that is safe, accountable and responsive to the needs of people living with disabilities, their families and carers; and

to promote the protection of people living with disabilities from abuse, neglect and exploitation.

5—Amendment of section 3—Interpretation

This clause inserts a definition of prescribed disability service provider (being consequential to other measures in the Bill).

6—Insertion of sections 3A and 3B

This clause inserts new sections ensuring that prescribed disability service providers have appropriate policies relating to safety and welfare and to the handling of complaints and grievances.

7—Amendment of section 5—Obligations on funded service providers and researchers

This clause makes a consequential amendment to section 5 to ensure that the Minister may, as a condition of approving funding, require the funded service provider to enter into a performance agreement to ensure compliance with new sections 3A and 3B.

8—Insertion of section 5A

This clause inserts a new section as follows:

5A—Victimisation

A provider of disability services funded under the Act will commit an act of victimisation if he or she causes detriment to the victim because the victim, or a person acting on the victim's behalf, discloses information or makes an allegation that has given rise, or could give rise, to legal proceedings against the provider of disability services or that may disclose a breach of a funding agreement under the Act. An act of victimisation may be dealt with as a tort or as if it were an act of victimisation under the Equal Opportunity Act 1984.

9—Amendment of section 7—Review of funded services or activities

Under this clause the regulations may require providers of disability services or researchers funded under this Act to provide information to the Minister for the purpose of assessing the outcomes of funding provided under this Act.

10—Amendment of section 10—Regulations

This clause consequentially amends the regulation making power.

11—Repeal of section 11

Section 11 is repealed because it is now obsolete.

12—Amendment of Schedule 1—Principles

Schedule 1 is amended to refer to the United Nations Convention on the Rights of Persons with Disabilities.

13—Amendment of Schedule 2—Objectives

Schedule 2 is amended to delete the existing clause 1(h) (consequentially to proposed new section 3B) and to include a statement that disability services are to be provided in compliance with all relevant State and Commonwealth laws.

Debate adjourned on motion of Mr Gardner.

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