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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-09-14 Daily Xml
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Disability Inclusion (Review Recommendations) Amendment Bill

Second Reading

Adjourned debate on second reading (resumed on motion).

The Hon. K.A. HILDYARD (Reynell—Minister for Child Protection, Minister for Women and the Prevention of Domestic and Family Violence, Minister for Recreation, Sport and Racing) (15:40): I will continue the remarks I was making prior to the lunch break, when I was speaking about a fabulous woman, Natalie Wade, the founder of Equality Lawyers, who now also sits on the Premier's Council for Women.

She was an absolutely driving, passionate, clever force in drafting the initial bill and ensuring that the drafting of the bill, its contents, deeply and rightly reflected the experiences, the voices, of people living with disability. I really want to place on record my thanks to Nat for her incredible and long-term commitment to inclusion and to ensuring that our legislation, and how our legislation is brought to life, reflects the voices of people living with disability.

Following consultation, the report produced 50 recommendations for consideration, which have now been tabled in this place, not all being legislative recommendations. Following the receipt and the tabling of recommendations, this bill sets out to now implement a number of mechanisms to enhance the act, support greater access and inclusion for people with disability and ensure both the state government and local councils remain responsive and accountable through their action plans.

It is so important that all bodies are accountable for their plans and work to progress those plans. When I was thinking about the disability action and inclusion plans that are brought to life through this bill, that councils and state government agencies are implementing, I was thinking about an experience during my first year as a member of parliament. I was out doorknocking in Morphett Vale, and I began to speak with a woman in our community who was vision-impaired and who lived in an area where there were a number of disability community housing homes.

She and a number of her friends who experienced vision impairment were having terrible trouble because there was just a tiny little strip—I do not even know if I could go so far as to call it a footpath; a footpath-ette or something, a little strip of path—in front of this area of homes. That meant that when it was bin night the bins would just take up that little footpath-ette and a whole lot of the verges as well. What that meant for her and her friend, particularly the next morning after bin collection was that there would be obstructions right along that path-ette or whatever we decide to call it.

I spoke with her and we gathered together her friends and we went to council and spoke about the need for them to revive their disability inclusion committee so that they could start to look right across the council area and think about various infrastructure, community facilities and whether or not they were actually accessible for people living with disability. That committee I think has continued, but it was a really good example of just how important it is in planning and in setting up community facilities and infrastructure that the voices of people living with disability are heard and that they inform what happens in their community and how particular things are built.

When I was putting notes together for these remarks, I was also thinking much more recently about an incredible performance that I went to last Thursday night, a performance at the beloved, now saved, Hopgood Theatre where the entirety of the Christie Downs Primary School put on a performance called Hear us Roar. I was sitting in the audience with the Commissioner for Children and Young People and we were talking about how incredible it is that that school as an organisation through that performance, but indeed in everything that they do, include everyone in that school. I say that because there is a significant cohort of children who attend Christie Downs Primary School who do live with disability.

The thing that the children's commissioner and I were reflecting on was that the school, including in this incredible performance, includes all children in every aspect of that performance. That is an excellent thing for those children living with disability, but it is also an excellent thing for every student at that school in terms of growing their thinking about what they can do, and what the systems in their school and every aspect of their schooling life can do to make sure that every child who attends Christie Downs Primary School is a part of everything.

Again, I think of that example because it is just so important that organisations play their role in actively thinking through access and inclusion and shaping things with the experience of people living with disabilities at the core of particular initiatives, events and programs etc., and also that, through doing that, there is a learning environment where individuals learn more about what they can do to make sure that people are included.

I wanted to highlight a few particular aspects of this bill. This bill will really importantly see a definition of 'barrier' included in the act. The review of the act noted that defining barriers would assist agencies and organisations in recognising the barriers that exist for people living with disability. Throughout the consultation undertaken by the Minister for Human Services on the report recommendation, feedback from people living with disability noted some main barriers they face included lack of community understanding about the experiences of people living with disability, a lack of safe spaces in the community, a lack of funding and a lack of accessible communication tools.

I mention this particular aspect because, again, when I was thinking about it I began to think about the experience of one of my own family members and, indeed, many people who experience long-term, serious, debilitating mental illness. I think we have advanced so much in our community in growing understanding about mental ill health and about people's experiences of it. Thankfully we have successfully encouraged conversation about those experiences and also encouraged people to step in and help where they can, and encourage people experiencing periods of mental ill health to speak up and to reach out for help.

However, as a community I do not think we have deeply advanced broad community understanding of the barriers to full active participation in community life, nor have we eradicated the stigma that people with really long-term debilitating mental illness can face. This definition, I am passionately hoping, will absolutely help to grow this understanding and break down that particular barrier.

This bill also includes the provision of appropriate safeguards through explicitly adding that people with disability, regardless of age, have a right to be safe and to feel safe through the provision of appropriate safeguards, information, services and support—principles so important to uphold. A key response received during the consultation was the value of advocacy services, services that are so crucial in upholding the rights and interests of people living with disability. I thank each of those advocacy services, the workers and the volunteers within them, for the crucial role that they play. We must ensure their place in the broader support system is acknowledged, as this bill does.

Additional safeguards are proposed through the bill with amendments to support people with significant intellectual disability or high levels of vulnerability due to disability. The review of the act found a need to strengthen the protections of those most vulnerable or who may face additional barriers. This amendment will do this.

As I spoke about earlier, the act outlines the requirement for the development of the state plan and state authority disability access and inclusion plans. This bill proposes a number of amendments, although largely administratively, in relation to the reporting requirements and time frames for these plans. The review and subsequent consultation has shown the importance of these plans having measurable targets and outcomes and being accessible through easy read versions and being provided in languages other than English.

Everyone in our community deserves the opportunity to fully and equally participate in every aspect of community life and in our economy. I am really happy to see the voices of people living with disability informing this legislation that will strengthen the act and, in turn, enhance the actions we can all take to ensure that our communities are ones that identify and tackle barriers and work towards genuine inclusion. I am really pleased to be able to commend this bill to the house. Again, as I said at the beginning of my remarks, I wholeheartedly thank everybody who has worked towards its progress.

Ms HOOD (Adelaide) (15:52): I rise to speak in support of the Disability Inclusion (Review Recommendations) Amendment Bill 2023. According to the 2018 Census data, in the three largest councils within my electorate of Adelaide, being the City of Adelaide, the City of Prospect and the Town of Walkerville, more than 7,700 people in our community live with a disability. The Malinauskas government is committed to making our community more inclusive and responsive to those 7,700 people in my community as well as all those people who live with a disability across our state.

Part of this is ensuring we have a robust legislative framework to achieve this outcome. The amendment bill 2023 seeks to make important changes to the Disability Inclusion Act 2018 and stems from a review of the act that was required to be undertaken before the fourth anniversary of the act's commencement. The amendment bill aims to enhance the Disability Inclusion Act to support greater access and inclusion for people with disability and to ensure the state government and local councils remain responsive and accountable.

Before I speak to the amendments, it is important to understand the aims of the Disability Inclusion Act. The act promotes the recognition of essential human rights in South Australia in line with the United Nations Convention on the Rights of Persons with Disabilities and interacts with Australia's Disability Strategy 2021-2031. The act also sets out a number of principles aligned to the United Nations convention and requires the creation of the State Disability Inclusion Plan, also known as Inclusive SA. Along with an overarching statewide plan, the act requires almost 100 state authorities, including government agencies and all 68 local councils, to develop their own disability access and inclusion plans, which are often referred to as DAIPs.

Since the legislation was passed and enacted, state authorities have consulted and developed these plans that have been an important step in making our community more inclusive and responsive to the needs of people with disability. Together, the overarching statewide plan—aka Inclusive SA—and the DAIPs provide a range of benefits, including requiring agencies to consult with the community, critically analyse their services and processes and commit to actions that improve responses to people with a disability, to name a few.

As mentioned previously, this amendment bill stems from a review of the act undertaken in mid-2022 by independent reviewer Mr Richard Dennis AM, PSM. For those who are unfamiliar with the PSM title, it stands for Public Service Medal and recognises Public Service employees who have given outstanding public service. Mr Dennis's work on the 2022 review involved significant consultation with many parties, including advocacy groups, experts, local government groups, government departments, NGOs and not-for-profits, who were either directly consulted or made written submissions.

The consultation undertaken by Mr Dennis during the development of his final report indicated that the act was working well, especially in connection with the development and implementation of the State Disability Inclusion Plan. A final report was provided, detailing 50 recommendations for consideration, and tabled in September last year. Thirty of the 50 recommendations were not for legislative change, so are outside the scope of the bill, and a number of them have already been actioned and completed. This amendment bill deals with 14 of the 20 legislative recommendations from Mr Dennis.

I want to focus on what I believe is an important theme within this amendment bill, which is the term 'barrier'. It is so important to recognise the barriers that make life undoubtedly harder for people living with disability in South Australia and focus on what we can do to remove them, where possible. Firstly, it is proposed to amend the bill to actually include a definition of 'barrier' in the act, given the significance of the concept of barriers in the definition of disability and within the wider issue of achieving greater inclusion.

The Dennis review and draft bill propose that a definition of the term 'barrier' be included in the act, as follows

barrier—a barrier may include something that is:

(a) physical, architectural, technological or attitudinal; or

(b) based on information or communications; or

(c) the result of a policy or practice.

Including the definition of 'barrier' provides greater clarity and recognition of the barriers faced by people living with a disability. On this subject, consultation participants were offered the opportunity to provide their top three barriers to achieving an inclusive community. Respondents highlighted the following:

community attitudes and the lack of education on what it truly means to live with a disability;

lack of safe spaces within the community and within local businesses;

accessibility of businesses, both the built environment and business policies and procedures;

lack of funding, especially related to the National Disability Insurance Scheme; and

lack of accessible communication tools, especially for those who are non-verbal.

Several written submissions highlighted that greater emphasis was needed on supporting the universal design approach to buildings and spaces that accommodate the needs of people living with disability. One respondent said, and I quote:

If people are shut out of society, they may question their ability to make a valuable contribution or feel too intimidated to try.

The Malinauskas Labor government has agreed to changes to the National Construction Code, from October 2024, that will improve building accessibility. On this topic, I want to give a shout-out to the Uniting Communities U City development in the CBD, which is literally and figuratively a pillar of design for access and mobility that also includes Adelaide's first 24/7 Changing Places facility. For those who do not know, Changing Places facilities are best-practice bathrooms for people living with disability and their support person and provide more space, a hoist and other customised features to ensure dignified and purpose-built toileting and showering facilities for people living with disability.

I also commend federal Minister for Social Services Amanda Rishworth and the Albanese government for joining with the Malinauskas government to build another two Changing Places facilities in metropolitan Adelaide and the Adelaide Hills. This is part of the federal Albanese government's election commitment to offer $32.2 million over four years for new Changing Places in local government areas currently without these facilities.

In regard to removing barriers to participation in policy development, the fourth proposed area of amendment in the bill relates to the right to participate in the design and delivery of inclusive policies and programs. It is proposed that additional paragraphs be included in section 9(1) as follows:

(p) people with disability, and their families and representatives as appropriate, have a right to participate in the design and delivery of inclusive policies and programs;

(q) insofar as people with disability may not be able to find out about their rights, or may not be able to understand their rights, because of their disability, State and local government should take reasonable steps to assist them to learn about their rights and to develop ways in which they can, or their families or representatives can, report violations of those rights.

The rights of people with disability to actively contribute to the design and delivery of inclusive policies and programs was resoundingly supported by YourSAy survey respondents and written submissions. Meaningful suggestions from YourSAy respondents included:

genuine co-design processes whereby a diverse range of people with relevant skills, experience or interest come together to provide advice and make decisions on a project, policy, program, or initiative;

engagement with relevant disability-led peer groups and organisations;

providing alternative forms of communication, including Auslan; and

providing sufficient time and transparency.

Section 9 of the act includes separate and important principles that apply to certain groups of people who may face additional barriers, inequities and other challenges associated with disability inclusion. During consultation for the Dennis review, a submission indicated that people within the community with profound intellectual disability, or who have heightened vulnerability, need special recognition. This resulted in additional paragraphs being proposed to be under section 9(5) as follows:

(5a) In addition to the principles set out in any other provision of this section, the following principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with significant intellectual disability or who have high levels of vulnerability due to disability:

(a) people with significant intellectual disability or who have high levels of vulnerability due to disability have a right to feel safe, to enjoy dignity in their lives, and to participate in the community in meaningful way;

(b) people with significant intellectual disability or who have high levels of vulnerability due to disability may face major barriers which they may not be able to understand and so need support from others to advocate on their behalf when seeking to remove, or deal with, those barriers.

The inclusion of this new priority reflects the additional challenges and vulnerability that this cohort faces and ensures that the act places greater priority on the needs of these groups. The Dennis review identified that those with profound intellectual disability, or who have heightened vulnerability, may need to rely on others to advocate for them or may face additional barriers requiring additional protections or assistance for them to lead their lives.

This proposed amendment will support greater recognition of their situation. Social change is needed to provide equality, inclusion and justice for people with a disability. This is done by removing barriers arising from the physical environment, as well as attitudes, regulations, policy and legislation. I commend the bill to the house.

Ms CLANCY (Elder) (16:03): I am very pleased to speak today on the Disability Inclusion (Review Recommendations) Amendment Bill 2023, which seeks to make important changes to the Disability Inclusion Act 2018. I am sure many of you remember my first speech in this place very well, so I am sure you will remember I spoke about growing up a couple of blocks away from a disability provider, where people with disabilities live on site and some received services in homes in the community.

Because my grandfather was superintendent there when my mum was young, she spent some of her teenage years living on the grounds of the disability service and formed connections with a number of people living there. As a result, when my parents married and bought a home a very short walk away, we had the privilege of being a place where some residents would stop by for a cuppa on a walk around the suburb, so from before I could walk or talk, people of all different abilities became familiar, friendly faces in my life.

In the case of Benny and Graham, they became family. Housemates until Benny passed away, Benny and Graham were regulars at our place. When I was going to Somerton Park kindy, Benny would often volunteer to walk me the few hundred metres there. He took the job so seriously that I remember sometimes feeling like my feet hardly touched the ground as he held my hand tightly and walked quickly. He did not want me to be late and he did not want to lose me.

Graham, who worked at Arnott's for many decades, would bring a huge clear plastic bag of biscuits over every Tuesday night when they came over for dinner. I can confirm you can never have too many Tim Tams. Graham attends every Crows' home game still with my family, and has from the Crows' inception, and is without a doubt one of their biggest fans. He also loved Bob Hawke, but never very keen on Mr Howard, so you can tell he really was part of our family.

Knowing and loving Benny and Graham, I never wanted to see them or any of our other regular visitors living with disability not have the same rights and opportunities as the rest of our family had, or anyone else for that matter. Now, as the member for Elder, I meet with people in my community living with disability, or caring for someone who is, and I am always keen to hear their stories and to advocate for them in any way I can.

The Disability Inclusion Act promotes the recognition of essential human rights in South Australia, in line with the United Nations Convention on the Rights of Persons with Disabilities and interacts with Australia's Disability Strategy 2021-2031. The act sets out a number of principles aligned to the United Nations convention and requires the creation of the State Disability Inclusion Plan, also known as Inclusive SA. In addition to the overarching statewide plan, the act requires almost 100 state authorities, including government agencies and all 68 councils, to develop their own disability access and inclusion plans.

I am part of the Suicide Prevention Council and the Premier's Advocate for Suicide Prevention, and part of the Suicide Prevention Act is that there are 10 prescribed authorities that need to develop their own suicide prevention action plan. When I speak with people about what that looks like, I often refer to these disability access and inclusion plans as a similar approach. Since the legislation was passed and enacted, state authorities have consulted and developed these plans that have been an important step in making our community more inclusive and responsive to the needs of people with disability.

Under section 32 of the act, the minister is required to review the operation of the act before the fourth anniversary of its commencement, so a review was undertaken in the middle of last year by independent reviewer, Mr Richard Dennis AM, PSM, who previously worked in this place drafting the legislation.

This work involved significant consultation with many parties, including Autism SA, which is in my electorate of Elder, in Tonsley; Professor Richard Bruggemann; Helen Connelly, the Commissioner for Children and Young People, who I had the pleasure of working with on the Suicide Prevention Council; members of the Disability Engagement Group from the Department of Human Services; Disability Rights Advocacy Service; JFA Purple Orange; and my incredible friend Ms Natalie Wade, founder of Equality Lawyers, as well as many others.

I had the pleasure of working with Natalie before this legislation was passed through the parliament, when I was working for the member for Reynell when she was the Minister for Disabilities back in 2017/early 2018. It was incredible working with Natalie on this, as well as David Caudrey, who actually knew my grandfather who I spoke about earlier—small, small world.

The consultation undertaken by Mr Dennis, during the development of his final report, indicated the act was working well, especially in connection with the development and implementation of the State Disability Inclusion Plan. A final report was provided, detailing 50 recommendations for consideration and it was tabled last September. Thirty of the 50 recommendations were not for legislative change, and so a number of them had already been actioned and completed.

Our government will now consult on the next iteration of Inclusive SA, the State Disability Inclusion Plan made under the act, which we are seeking to amend via the bill. Following the bill's drafting, further consultation was undertaken. Peak organisations, and those who had provided feedback in the first phase of consultation, were invited to provide written submissions.

Earlier this year, the Department of Human Services conducted a consultation through the YourSAy portal, seeking community feedback on the draft bill and to commence discussions on the State Disability Inclusion Plan more broadly. During the consultation period, the YourSAy portal had a total of 936 visits. Of those visits, 297 people downloaded the draft bill and easy read documents, while 30 people provided responses to the YourSAy survey. Overall, the feedback to the draft bill demonstrated community support. Specifically, the bill proposes to:

enact provisions currently appearing in the Disability Inclusion Regulations 2019 as provisions in the act;

include a definition of 'barrier' in the act, given the significance of the concept of barriers in the definition of disability and within the wider issue of achieving greater inclusion—I feel like the member for Adelaide has done a great job talking about that element of this;

include new paragraphs within the act to provide expressly that people with disability, regardless of age, have a right to be safe and to feel safe through the provision of appropriate safeguards, information, services and support;

amend sections within the act to enhance clarity and/or definition of the principles as they relate to people with significant intellectual disability or who have high levels of vulnerability due to disability;

amend sections within the act relating to the reporting requirements and time frames for the state plan and state disability access and inclusion plans, as well as the specific functions of chief executive of the Department of Human Services; and

finally, require consultation with people with lived experience and authorise the formation of groups to facilitate consultation.

Essentially, this bill aims to enhance the act, support greater access and inclusion for people with disability, and ensure the state government and local councils remain responsive and accountable. Accessibility is something that was raised during the community consultation and is of course—it is in the name after all—a core element of disability access and inclusion plans.

In January, I was really proud when visiting with Minister Cook public housing that is under construction in my community, specifically in St Marys, where homes are being built with accessibility in mind—wider doorways and corridors, no steps up and down from area to area, ensuring that whoever makes these houses their home, regardless of ability, they are fit for purpose.

It was great to hear from SAHA at this morning's Economic and Finance Committee meeting that accessibility is front of mind for all new builds. No-one should underestimate the impact of having accessible homes that exist within an accessible community, and we as a government can show the private sector that everyone benefits from more accessible buildings and spaces. On this note, it is also important to know that the Malinauskas Labor government has agreed to changes to the National Construction Code from October 2024 that will improve building accessibility.

Another amendment is around information and reporting mechanisms. Specifically, it has been proposed that an additional paragraph be included under section 9(1), as follows:

(ja) people with disability have the right to be safe, and to feel safe, through the provision of appropriate safeguards, information, services and support, and through appropriate and accessible reporting mechanisms in cases of neglect, abuse or exploitation;

We absolutely need to do whatever we can to protect and support people, particularly the vulnerable in our community. In South Australia and Australia more broadly there are various formal safeguarding mechanisms in place. These include the National Disability Insurance Scheme Quality and Safeguards Commission and the Adult Safeguarding Unit, but the state government will consider further improvements to safeguarding policy when the royal commission is handed down in late 2023 along with the NDIS review.

One of the other amendments we are looking at today relates to supporting people with significant intellectual disability or high levels of vulnerability due to disability. This is a result of a submission to the Dennis review that indicated people within the community with profound intellectual disability or who have heightened vulnerability need special recognition. Specifically, it has been proposed that additional paragraphs be included under section 9(5), as follows:

(5a) In addition to the principles set out in any other provision of this section, the following principles are to be acknowledged and addressed in the operation, administration, and enforcement of this Act as it relates to people with significant intellectual disability or who have high levels of vulnerability due to disability:

(a) people with significant intellectual disability or who have high levels of vulnerability due to disability have a right to feel safe, to enjoy dignity in their lives, and to participate in the community in meaningful ways;

(b) people with significant intellectual disability or who have high levels of vulnerability due to disability may face major barriers which they may not be able to understand and so need support from others to advocate on their behalf when seeking to remove, or deal with, those barriers.

The inclusion of this priority cohort reflects the additional challenges and vulnerability they face and ensures the act places greater priority on the needs of these groups.

The Dennis review identified those with profound intellectual disability or who have heightened vulnerability may need to rely on others to advocate for them or may face additional barriers requiring additional protections or assistance for them to lead their lives. This proposed amendment will support greater recognition of their situation. I think it is almost impossible to read this or hear this and not think of Ann Marie Smith and the horrific case of the treatment and neglect that led to her death. No-one should have to go through what she went through. We need to do whatever we can to ensure this neglect and abuse does not happen again. I commend the bill to the house.

Ms HUTCHESSON (Waite) (16:15): I rise in support of the Disability Inclusion (Review Recommendations) Amendment Bill 2023, as it seeks to make important changes to ensure our legislation recognises that persons with a disability have the right and deserve to be able to live independently and have a say into matters that they see will make their life much easier to navigate, regardless of their impairment.

When I was in primary school, I remember a young boy joining our class. I must have been in year 3 or year 4 because I was in the big primary school. This little boy was funny, he was kind and he was just another kid to me. It did not strike me at the time how hard it must have been for him to get up every day to get in and out of his chair and to be so careful not to hurt himself. He was very small and we were told before he came that we needed to be careful with him because he could easily be injured—not fair for a kid who wanted to be involved in primary school shenanigans.

I remember the school installing its first disability toilet for him before he arrived. I did not even think at that time how he was going to manage and how hard it would be. He was bright, he was cheerful and he never let on how hard life was for him. He did not stay at our school for very long. Most of our classrooms were up and down stairs, so it was pretty difficult for him to be able to grow with his peers, and then he was gone. At the time, as a young person, I think we were told he went to another school and that made sense.

That young boy went on to be an incredible advocate for people living with a disability. You might even remember him, as sadly he has now passed. His name was Quentin Kenihan. We lost Quentin in 2018 and it was lovely to always keep tabs on what he was doing. As many here would know, he became a quite well-known personality here in Adelaide. He was an actor and a writer. He worked hard to advocate for people living with a disability. He showed us that people with a disability, no matter how debilitating, can achieve incredible things and, with the right assistance and mindset, anything is possible.

It is government's responsibility to ensure we have the best legislation to support and protect people living with a disability and to continue to review what we are doing. The current act promotes the recognition of essential human rights in South Australia in line with the United Nations Convention on the Rights of Persons with Disabilities and interacts with Australia's Disability Strategy 2021-2031. The act also sets out a number of principles aligned to the United Nations Convention and requires the creation of the State Disability Inclusion Plan, also known as Inclusive SA.

The act goes further to require almost 100 state authorities, including 68 local councils and government agencies, to deliver their own disability inclusion plans. These plans, in conjunction with Inclusive SA, require agencies to consult with communities, review and analyse their services and processes and commit to actions to improve responses to people with a disability. With this in mind, I was surprised recently to hear the story about the Diversity and Inclusion Film Festival that was held at the Semaphore Odeon Theatre.

As reported by The Advertiser, Port Adelaide disability advocate Shane Hryhorec reported that when he attended the event much of it was not accessible to him as a wheelchair user. Not only could he not access the facility via the front door like everybody else but he had to wait in a dark alley for someone to let him in the back door to a restricted area.

Whilst the event was there to recognise the achievements of people with a disability, Mr Hryhorec reported that he was unable to stay. Whilst it is the case that the films were shown on multiple screens, there were side events that were not accessible and that presented barriers he could not overcome. Mr Hryhorec implored the council to make better decisions next time to ensure such an important event for people with a disability accommodated people with a disability.

The term 'barrier' is used within the current act, but it is the case that there is no actual definition included and, as such, it was one of the recommendations of the review that the minister requested last year in line with section 21 of the act. This review was undertaken by independent reviewer Mr Richard Dennis AM. His work involved significant consultation involving many entities and individuals, with his final report tabled in September last year.

The review itself indicated that the act was working well, but he did provide 50 recommendations, 20 of which were considered in regard to legislative changes. Even though some of the recommendations were not all legislative, they are still important and still being considered by government. In response to the recommendations, the following amendments are being put forward at this stage, and it seeks to deal with 13 of the 20 legislative changes. It was the case that the department broadly supported all of the recommendations. Some required further work and investigation to determine how we can action them effectively, and this may lead to further legislation at a later date.

In order to ensure those that this act seeks to represent and protect had the opportunity to have their say along with entities who support them, the draft bill went for further consultation. Given one of the recommendations was in relation to the right to participate in the design and delivery of inclusive policies and programs this was an important step. As we are currently debating nationally that Aboriginal people deserve to have a say on matters that affect them, it is the case that people with a disability also should be involved in the design and delivery of inclusive policies and programs, as they are the ones who will seek to use them and need them.

Whilst people without a disability may have the education to create these policies, they will never truly understand whether they are best practice without consulting with the people who live with a disability every day. People whose disability may impair their ability to understand their rights should receive the help they need. The change to the act here today legislates that, insofar as people with disability may not be able to find out about their rights or may not be able to understand their rights because of the their disability, state and local government should take reasonable steps to assist them to learn about their rights and to develop ways in which they—or their families or representatives—can report violations of those rights.

We have heard way too often that people who cannot communicate due to their disability are not provided with the rights they need to live their best life. They need to know and feel safe. They need to have someone in their corner. This amendment was overwhelmingly supported by those who took part in the consultation, and many provided suggestions on how government can engage with the disability community on matters that concern them. I know the minister works hard to meet with many people to better understand their needs and her work with these amendments is to be commended.

Having members of my family who live with a disability but do all they can to advocate for others and to create opportunities for others having the opportunity to be consulted can only result in the right policies and programs being delivered. My cousin who lives with a disability was instrumental in setting up an inclusive football team and never lets her disability stop her from creating these opportunities. She works as a carer for other people. She is now a proud mother, and she amazes our family every day. I know that she will take part in every opportunity to help and provide her thoughts about how programs can be improved.

The act speaks repeatedly to barriers, as mentioned earlier, but the act does not go as far as to explain what a barrier is, and amending that is very important, as it is these barriers that stop people with a disability from being able to live their best lives. The Dennis review and draft bill proposed a definition of the term 'barrier' be included as follows:

barrier—a barrier may include something that is:

(a) physical, architectural, technological or attitudinal; or

(b) based on information or communications; or

(c) the result of a policy or practice.

Living with a disability is challenging, and in some cases hard, very hard. Defining what a barrier is will allow better understanding and in so doing achieve greater inclusion.

Participants involved with consultation were offered the opportunity to provide their top three barriers to achieving an inclusive community to assist state authorities when considering their next disability inclusion action plan, and the broader state plan review. Respondents highlighted the following:

community attitudes and lack of education on what it truly means to live with a disability;

lack of safe spaces within the community and within local businesses;

accessibility of businesses, both the built environment and the business policies and procedures;

lack of funding, especially related to the National Disability Insurance Scheme; and

lack of accessible communication, especially for those who are non-verbal.

We know that the NDIS under the former federal government was not providing people with what they needed. The current Labor government was quick to implement a review, and the interim report showed us what we already knew and that was that there are many challenges but the people who are facing these challenges are now able to have their say. The five key challenges identified in the report were:

why is the NDIS the only lifeboat in the ocean?

what does 'reasonable' and 'necessary' mean?

why are there many more children on the NDIS than expected?

why aren't NDIS markets working?

how do we ensure the NDIS is sustainable?

The independent review report also noted that so far the planning process, the support ecosystem, evidence-based and best practice early childhood support, and the support and service marketplace were identified as priority areas.

Having defined the challenges, the NDIS review is designing possible solutions to put participants back at the centre of the NDIS, with a further period of deep engagement and consultation to inform their final report to ministers, due in October for consideration by governments. Minister Shorten is working tirelessly to fix what the coalition broke. The NDIS should be there to help people with a disability not be a barrier itself. We need to work hard to work through the ways to overcome barriers to stop people living with a disability feeling like they cannot be part of society.

Through the consultation process undertaken by Mr Dennis, several written submissions highlighted that greater emphasis on supporting the universal design approach to buildings and spaces that accommodate the needs of people living with a disability, and other groups with diverse needs, is required. One respondent said, 'If people are shut out of society, they may question their ability to make a valuable contribution or feel too intimidated to try.' Imagine if Quentin had felt that way? Imagine if he had just given up? Thankfully, he continued to the end to advocate for people living with a disability whilst being in pain every day.

As mentioned earlier in regard to Mr Hryhorec, more work needs to be done to ensure buildings are more accessible so that people with a disability can take part in events. Without opportunity, as indicated by the respondent, it can lead to not feeling like they can contribute and be part of society. Our government has agreed to changes to the National Construction Code from October 2024 that will improve building accessibility. No-one should underestimate the impact of having accessible homes that exist within an accessible community.

The third proposed amendment relates to the provision of appropriate safeguards, including information and reporting mechanisms. Specifically, it has been proposed that an additional paragraph be included under section 9(1) as follows:

(ja) people with disability have the right to be safe, and to feel safe, through the provision of appropriate safeguards, information, services, and support, and through appropriate and accessible reporting mechanisms in cases of neglect, abuse or exploitation.

Respondents highlighted that the South Australian government should invest in mechanisms to enhance the safeguarding of people with disability and consider how this commitment can be reflected in the next state plan. Advocacy services and adequate funding for independent advocacy were highlighted in submissions as essential to protecting people living with a disability from neglect, abuse and exploitation.

We all watched on in horror when we learned about Annie Smith, who was left to sit in a cane chair in disgusting and degrading conditions, dying of septic shock, malnourishment, severe pressure sores, and multi-organ failure. She had experienced extreme neglect at the hands of her carer. Everyone has the right to be safe and we need to ensure that there are proper safeguards in place to stop neglect and abuse of our most vulnerable.

People living with a disability need help to navigate systems, red tape and the mountains of paperwork required to access support and other services. Recently, I spoke with a constituent who was trying to access assistance through his care plan. Whilst not directly connected to his disability, his issue was that the scheme had run out of funding, and he was instructed to navigate the internet to search for upcoming options. Whilst he is able to do this, his concern was for people who cannot. Having additional advocacy services as outlined in the concerns noted by others, consideration should be given to best assist those who need it.

The fifth area of amendment relates to supporting people with significant intellectual disability or high levels of vulnerability due to disability. Specifically, it has been proposed that additional paragraphs be included under section 9(5) as follows:

(5a) In addition to the principles set out in any other provision of this section, the following principles are to be acknowledged and addressed in the operation, administration and enforcement of this act as it relates to people with significant intellectual disability or who have high levels of vulnerability due to disability.

(a) people with significant intellectual disability or who have high levels of vulnerability due to disability have a right to feel safe, to enjoy dignity in their lives and to participate in the community in meaningful ways;

(b) people with significant intellectual disability or who have high levels of vulnerability due to disability may face major barriers, which they may not be able to understand and so need support from others to advocate on their behalf when seeking to remove or deal with those barriers.

Legislating to enhance the act will support greater access and inclusion for people with a disability and ensure that state government and local councils remain responsive and accountable. Further amendments seek to amend sections within the act relating to the reporting requirements and time frames for the state plan and state authority disability access and inclusion plan, as well as the requirement for consultation with people with lived experience, and authorise the formation of groups to facilitate consultation, specific functions of the Chief Executive of the Department of Human Services, and enact provisions currently appearing in the Disability Inclusion Regulations 2019 as provisions in the act.

It is our responsibility as lawmakers to ensure that everyone can live their best life no matter their impairment. It is our role to ensure that people are safe and feel safe. I commend the bill to the house.

Ms SAVVAS (Newland) (16:29): I am incredibly proud to be speaking to this bill today, and I know that so many people on all sides of the parliament really do value disability inclusion as a key component of the things they want to achieve in this place. For me, that very much is the case. It is something that has personally impacted my life to a great degree, having several cousins who live with disabilities and who have access needs.

Seeing that on a particular level growing up, and seeing the different changes in terms of not just access and inclusion but understanding of those relatives' disabilities has been particularly eye-opening when thinking about the way in which we are moving as a government and the way in which we are moving as a society towards greater inclusion of all people.

I am very proud that disability inclusion is at our core as a government. I can acknowledge that for successive governments that has not always been the case, but I do think that in 2023 we are equipped with the knowledge to know better and to do better. As a result, I genuinely believe that it is the government's obligation to do so.

The Disability Inclusion (Review Recommendations) Amendment Bill 2023 promotes the recognition of essential human rights in South Australia in line with the United Nations Convention on the Rights of Persons with Disabilities, and it also interacts with Australia's Disability Strategy 2021-2031. In addition to the overarching statewide plan, it requires almost 100 state authorities, including government agencies and local councils, to develop their own disability access and inclusion plan.

I know for a fact that in local government particularly that has not always been the case and that there have been significant barriers for staff and residents coming in to access council services without those disability access and inclusion plans in place. I would like to acknowledge the work of people like the Adelaide City Council in terms of their disability access and inclusion plan. I know that at their carols last year they had a really wonderful sensory space for individuals to come and watch the carols. At Tea Tree Gully, we have had similar things in the past to allow for greater inclusion at our carols event, which is the biggest in South Australia, and has continued to be, and at one stage was the second biggest in the country.

We do know that access and inclusion are incredibly important particularly when planning things like large-scale events. Yesterday, in a session I attended we heard that when there is a sold-out show at Adelaide Oval, for example, one in four people attending the event will have autism. Thinking about those sorts of figures when we are talking about large-scale events or occasions put on by government is really important when addressing just how significant the access and inclusion needs may be.

Since the legislation has passed and was enacted, state authorities have consulted and developed those disability access and inclusion plans, and that has been a really important step in making our community more inclusive. Today, they provide a range of benefits, including the requirement to consult with the community and also to critically analyse the services and processes to see if they are in line with those objectives.

I think it is key here to talk about that consultation piece. For too long, individuals with specific needs have had decisions made for them by people who do not have those specific needs or a lived experience of those needs in question. Having a lived experience approach to policymaking is fundamental to making sure that we make the right decision and also decisions that will impact everyone for the better.

I heard a teacher in a meeting this morning when I met with a local school, and she said that in a classroom, for example, the best practice model for all students will always be the one that is tailored for the complex needs of a child. I really love that example, saying that to make everyone feel included and to make sure that everyone is receiving best practice you can do that through figuring out the needs of the person who might have the most complex needs in that room. I think that is really important. We all benefit from inclusion at all levels, and everyone is better served when a society is more inclusive.

It is also really important to have the ability to change and adapt those needs. We know, like all people, the needs of people with disabilities change over time, as do the environments that we live in. Now, of course, we are needing to accommodate a more technological environment, and there are forever changes in technology that benefit those who are living with a disability. I hope that those advances in technology will continue for many years. As a result of that, these plans will be subject to review.

When I think about increases in technology for my own cousin, for example, he lives with quite a significant disability, a chromosomal disorder. He is non-verbal. Watching the increase in technological services available to him over his short life (I think he is 16 now) has been incredible. The ability to communicate through the iPad, for example, has increased significantly as has, at one of my local schools—we have a special school in my electorate—the ability for teachers to communicate with the students and the way they are able to educate the students in their community as a result of changes in technology and lived environments.

I think the ability to review those processes is really important. I know that there will be a continued need to adapt as the needs of individuals living with disability change. Inclusive SA will be reappraised later in 2023, and I think it will be a really important opportunity for people to give feedback about how we can make our societies more inclusive. The work that is being done has of course involved already consultation with a large number of groups. There is one in particular that I would really like to point out, and that is the Office for Autism, a new component of the Department of the Premier and Cabinet.

As everyone would know, we made a decision as a government to make autism policy a really key component of what we brought to the 2022 election, and of course we have followed that up with, as far as we know, a global first, and I think her children call it a galaxy first: the Assistant Minister for Autism. I think that in itself is such a big move because it acknowledges the importance at a government level and at a departmental level of acknowledging that the needs of individuals with autism are complex but also that they are continuing to evolve and there needs to be a discussion that is at the heart of government about the best ways to support individuals who have autism.

Just yesterday, a number of my colleagues and I attended a session by the Office for Autism, where they gave us a level of training and understanding about the best way to support individuals with autism, particularly if constituents are coming in with particular complex needs or concerns. I think that for me what that has really done, and I am sure I am not alone in this, is it has helped me to have a greater understanding of experiences that I have had in my own life and helped me to be able to understand the relationships that I have with individuals better and respond to them better.

I grew up with a relative who is very close to me. We are the same age. We were raised almost like sisters. She is an autistic person. When I have been developing my understanding, participating in different training and that sort of thing and growing in awareness, I often think back on my behaviours as a child as someone who did not understand necessarily the behaviours that loved ones and friends were exhibiting.

I think about the fact that we are now living in 2023, when that understanding will be so much greater, when there will be an autism lead in all the primary schools across South Australia, and the fact that children will be better equipped to understand the needs and the responses of their peers and just how important that is, not just for the individuals themselves with complex needs but for everyone in those classrooms.

I think this experience for me of broadening our understanding and undergoing that training has made me wish that I had that understanding earlier and made me wish I had the ability to perhaps connect better or understand the ways that I could support someone I love better. Although I cannot spend my life disappointed in myself for not having that understanding, what we can do is move forward and ensure that we have that understanding in our own lives and make sure that we implement that into practice and into our relationships with people.

I think that contacting my cousin, after I have had some of these trainings and experiences, and saying, 'Hi, I just want to let you know that I am trying my best to understand better and to love you in the best way I can,' is really important. There is not much that we can do for mistakes or perhaps the ways that individuals or governments were not inclusive in the past, but we can all make a conscious effort to deepen our understanding of inclusivity and the environment around us.

I also would like to mention one of the other individuals who was consulted, and that was Ms Natalie Wade, who is the founder of Equality Lawyers. She was actually a tutor of mine at law school and probably one of the most significant individuals I encountered in my time studying law. She was the most remarkable woman, who had not just an incredible understanding of the subject matter she was teaching us but a heart for social justice that I think encompassed absolutely everything she did.

I feel incredibly privileged to have had Natalie as one of my tutors because I felt that my understanding of not just the law but the community around me was so much deeper and so much better through having had her as a teacher in my final years of law school. I know that she has a depth of knowledge, not just in law but in the disability and inclusion space, that would have been very well received in and well served by this consultation process.

It is really important to know that, when we are moving forward, there is of course legislative change that is helpful, but social change is just as important, particularly social inclusion and social justice in different ways for individuals to feel more accepted and included in society. I think that is a good opportunity to mention the ways that some of the groups in my local community are prioritising social justice, disability access and inclusion.

I feel very lucky to have a large number of schools in my electorate, and one of the particularly large schools is Modbury Special School, which is the most beautiful place. My best friend, Julia, is actually a teacher there. I think that just how important our special education teachers are really goes unsung—the heart and the love for what they do and just how important that is, and the skill set they bring to their classroom environments that often have some incredibly complex needs.

Right next door to Modbury Special School is Modbury South Primary School, and they have a number of special classes. Modbury Special School and a number of my local public schools actually have what they call annexed classes, and then a number of public schools also have their own special options classes or special classes, with Highbury Primary School developing its own special education unit in the last few years, after having had an annex model from Modbury Special School for many years before that. I do feel that I have been incredibly lucky to be part of these school communities where they are prioritising access and inclusion, particularly those who are making an effort to do so in a mainstream environment.

Ridgehaven Primary School, which has a special options class, comes to mind. There is a student at Ridgehaven Primary School who has Down syndrome, and earlier this year they had a rainbow day on the international day of recognition for people with Down syndrome, when everyone in the school wore rainbow socks, rainbow tutus, rainbow headbands and all sorts of things as a sign of inclusion for this individual. I think that is just the most special thing. They used that as an opportunity not just to raise awareness but to teach the students so that they would have a broader understanding of their classmate and their complex needs.

At the same school, they also have a therapy dog, called Poet, who is a little 'oodle' of some description who runs around the school and acts as a sensory-style companion for kids who are perhaps overwhelmed in a classroom environment. The fact that any of them can leave the classroom and go out into the sensory space or go and have a cuddle with Poet I think is really important and speaks to the priorities of the school to make all kids feel included, feel valued and feel like they have the opportunity to be themselves in the school environment. That is just one example of the way that my local schools are prioritising it, and I know that most of my schools are doing it.

Every time I visit, there is a new breakout space, a sensory space in one of the schools. Not long ago, I went to Banksia Park Primary School and they took me upstairs into their sensory room and there they taught me calming down activities. They had little cards that teach them how to destress and calm down in an environment. Within a minute of being there, I was sitting cross-legged on the floor with the lights off learning to calm down from these students.

I loved that. I think that says so much about the society that these kids are growing up in that they are learning to take time for themselves, they are learning to be inclusive, they are learning to understand complex and special needs, particularly in their classrooms. I think that is a real testament to their teachers and the school environments that are trying to foster that inclusivity.

Upcoming soon, we also have the opening of our first inclusive playground in Tea Tree Gully. Again, having been raised with cousins with complex needs in the local community, I think that is a welcome addition to our community and I very much look forward to seeing it in action. It has taken a long time to get to this point, but I think, again, I am really proud to be part of a community that prioritises inclusion in the core of all the things that it does.

I note that despite all the work that is done, there will be some further legislation required. I think that is important because it allows us the opportunity to continue the work we are doing but also to continue consultation in certain aspects. Sometimes, if you are trying to tackle all the objectives at once, it takes a long time to see certain outcomes, and this allows us to get certain outcomes achieved but still continue with the consultation process and see what needs to be continued.

The Malinauskas Labor government has also agreed to changes to the National Construction Code, which will improve building accessibility. Again, this is something that has been raised with me not just as a state member but particularly during my time working for a federal member of parliament, our colleague the member for Taylor. I worked in a federal electorate office for about three years and I would say that, in taking on the NDIS cases, the number one concern that was raised with us was the inability to access the support needs within someone's home.

I do think we should never underestimate just how important it is to have those access needs met in one's home and just what a difference it makes, not just to the individuals within their home environments but also to those people caring for them. It makes such a huge difference. I know that my cousins have recently had a new bathroom installed so that my uncle, who is a full-time carer, can assist my younger cousin in the bathroom in a way that he was not able to before their house was modified. Again, what a difference that has made for him, not only emotionally but physically. The ability to assist his son, with his complex needs, has made a really big difference.

In the same way, in terms of disability access, I have noticed that there have been lots of circumstances where local areas in my community perhaps have not had the access requirements that I think they should have. I think back to our early voting centre, for example, which had quite a long set of stairs, but the ramp was quite far away for individuals to access to get into the voting station. That, for me, definitely raised a concern, when a large number of individuals did not have the option to enter the voting centre from the closest entrance and the ramp, if they needed to use it, was too far away for individuals to access as well.

I think that even in just something like voting or something that is perhaps not a regular thing or perhaps not a permanent structure, there needs to be greater access and greater understanding of what the complex needs of individuals may be.

I am very much supportive of this bill and I know that it will go a long way to making sure that individuals do feel more included in our society. I would like to acknowledge the great work of our minister. I know that disability inclusion is at the heart of everything that she does and I am very thankful to be in a government that is putting that as a priority and making it at the heart of its policies. I commend the bill.

Debate adjourned on motion of Mr Odenwalder.

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