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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-06-03 Daily Xml
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Bills

Disability Inclusion (Community Visitor Scheme) Amendment Bill

Introduction and First Reading

The Hon. C.M. SCRIVEN (16:08): Obtained leave and introduced a bill for an act to amend the Disability Inclusion Act 2018. Read a first time.

Second Reading

The Hon. C.M. SCRIVEN (16:09): I move:

That this bill be now read a second time.

This bill has been a long time coming. It is needed and it is urgent. An identical bill was introduced in the House of Assembly today, and the government had the opportunity to deal with it through all stages but they choose not to do that. Apparently, it was not urgent enough. But it is urgent for every vulnerable person with a disability. It is urgent for every friend and relative of a vulnerable person. Indeed, I would suggest it is urgent for anyone who cares about the tragic death of Ann Marie Smith. The shadow minister for human services had arranged an urgent briefing for parliamentarians yesterday, which I am told the Minister for Human Services indicated she would be attending but then failed to do so. It is not clear why.

This bill is in relation to the Community Visitor Scheme. The scheme aims to protect the rights of people living with disability within disability accommodation facilities and services, although in May 2019, due to the final changeover to the National Disability Insurance Scheme, the visitor was no longer able to visit non-government disability accommodation service providers, supported residential facilities or day options programs. Labor wants to see this changed in order to better protect people in these facilities and using these services.

There have been claims that Labor, when in government, did not act to make the changes to enable this, but that is not true. In fact, the legal advice clearly shows that that advice was not received by the Labor government until about three days before the last election which, of course, as members would be aware, was during caretaker period and could not therefore be progressed. The government, however, has had two years since then to act, to make relevant changes, to speak with colleagues in other states who have made these very similar changes, but they have not. Two years, Mr President. It appears that the tragic death of Ann Marie Smith unfortunately has to be the catalyst for change in this state.

The community visitor has not had the ability to enter NDIS-provided services or facilities for two years. The previous Principal Community Visitor, Mr Maurice Corcoran, wrote twice to the minister in his annual reports that this was an issue, but she did not act. The government received a report that said that the Community Visitor Scheme needed to be strengthened and that work with the NDIS Quality and Safeguards Commission was needed. My colleague, the member for Hurtle Vale in the other place, received a letter from Mr Graeme Head, the Commissioner for the Quality and Safeguards Commission, and I quote: 'The NDIS Act does not prevent community visitors from accessing environments in which NDIS participants receive supports and services.'

Indeed, other states—in particular Victoria—made the move relatively early in 2018 to make legislative change in this area. They changed their relevant disability act so that community visitors could enter NDIS services. They also made it so community visitors could enter private homes either where they were invited in or where a warrant was issued because the community visitor deemed circumstances necessary, but this has not been done in South Australia. Who knows whether this would have saved Ann Marie Smith. It may not, but the passing of this bill would certainly reduce the risk of anyone else dying in disability care in this state, whether in a government-funded service, NDIS-funded service or in their own home.

The Minister for Human Services purports to be the champion of the Community Visitor Scheme having put amendments in to create it when in opposition and I commend her for that, as has the member for Hurtle Vale. But the service has failed. It has been under her watch, and we cannot afford for people with disabilities to be failed in this way.

The bill uses much of the original regulations that first created the Community Visitor Scheme. It modifies using many of the provisions that the Victorian parliament has used so that these laws are not inconsistent with section 109 of the Constitution, as the Crown legal advice suggested over two years ago. This bill allows for the entry of the community visitor into private homes, and this is particularly important. It allows a community visitor to enter where someone receiving NDIS help in their home invites them in; but, also, if the community visitor sees circumstances where they believe someone is perhaps under threat, coercion or is in danger, they may have that warrant from the courts to enter.

This is consistent with the powers of Victoria and those of the Public Advocate, who can seek a warrant from SACAT. I note that the Hon. Ms Bonaros has concerns over this, but the proof required to be presented to a magistrate to issue a warrant has, we believe, suitable protections for people's privacy. However, the opposition is willing to work with her to ensure that appropriate protections are in place.

We do not want Ann Marie Smith's death to be in vain. It is a tragedy that I am sure absolutely no-one in this state would ever want to see repeated, but her death and legacy can perhaps result in the protection of other people in her situation. I hope this bill will save the lives of other South Australians into the future. I commend this bill to the council, and may Ann Marie Smith rest in peace.

Debate adjourned on motion of Hon. D.G.E. Hood.

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