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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-06-18 Daily Xml
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Disability Inclusion (Review Recommendations) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 May 2024.)

The Hon. H.M. GIROLAMO (16:12): I rise to speak on the Disability Inclusion (Review Recommendations) Amendment Bill 2023 and indicate that I am the lead speaker for the opposition and also that the opposition is in full support of this bill. I will also talk to the amendments from the Hon. Tammy Franks and the Hon. Clare Scriven.

This amendment bill is better late than never. The Disability Inclusion Act was introduced in 2018 under Minister Lensink, during the term of the former government, and I commend her for her fantastic work in this space. This bill was due to be reviewed at the three-year anniversary in March 2022, the same time that this Labor government was elected. The review paper was finalised by Mr Richard Dennis AM PSM in June 2022. From this substantial review, Mr Dennis presented his final tabled report of 51 recommendations. This amendment bill seeks to include 14 of those recommendations.

Two years on and this government has not been prioritising this important bill. However, I am very pleased to see it here today. The Labor governments, both state and federal, have a history of talk and no action, all review and no implementation, and we see this continuing to this day. The NDIS review was completed in December 2023, but currently the Premier and Prime Minister are playing handball with responsibility and funding, while NDIS clients wait in the dark.

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was released in September 2023. It called on all governments to publish responses by March this year, but Minister Cook signed the all-Labor governments media release that put the commission into the too-hard basket—again, all talk and no action.

Whilst we fully support this bill, I will highlight a couple of concerns about its implementation from here. Our concerns with this bill come from the lack of resourcing for stakeholders to implement change. The Local Government Association's submission to this bill aired concerns of resourcing and funding, clarity in language such as 'reasonable steps' and what the expected legal requirements will be. We will be monitoring this and the funding allocation and exploring this further during estimates and the committee stage.

I would also like to highlight the importance of ongoing and regular community engagement, continued stakeholder consultation and genuine co-design with people who live with disability. I have heard from CEOs, advocates, managers, clients, carers, participants and everyday people who are living with disabilities, who constantly raise their concerns that they feel under-engaged by this government and particularly under-engaged by Minister Cook. People in this sector are experts and want their knowledge to be utilised.

The sector is screaming out for disability advocacy funding from the state government. Community-based, independent and needs-matched advocacy is an invaluable support for those in need of guidance. This government must know the importance of advocacy because they advertise independent advocacy organisations on their department's website, but they have not put their money where their mouth is. It is another area that we will be monitoring closely and we believe deserves focus by this government as well as funding.

The public sector is the largest employer in the state, employing nearly 100,000 South Australians, but people with disabilities make up just 1.33 per cent of South Australian public sector employees. This government is setting the wrong example when it comes to employment of people with a disability. The public sector should be leading the way. People with disability want the opportunity to work, and this government must act to ensure that the proposed target of 3 per cent is achieved. I often have many families coming to me whose children who live with disabilities have applied for 30, 40 or 50 jobs without any success. More needs to be done in this space, and I hope that this bill ensures that this occurs.

An all too common concern is about how people living with disabilities face challenges with suitable accommodation and permanent housing. This state is facing a housing crisis, and that includes disability housing. Our most vulnerable often face homelessness and long stays in hospital because there is nowhere for them to go. Not only is there limited stock but there is also limited choice.

If Minister Cook is listening to her community, she will have secured funding for advocacy, employment and housing. At this stage we do not believe that that is the case, based on the state budget, but I do hope in the future that this will be addressed. There are vacancies within disability housing, but they often do not match the funding that is made available. This must be addressed to ensure that people living with disabilities have access to appropriate housing and support.

I would like to send a personal thankyou to JFA Purple Orange for their submissions, consultation and presentation in regard to their concerns and amendments to this bill. Selena, Tracey, Belle, James, Cathy and Tessa and so many more, your hard work often goes unseen but is enormously appreciated. Your insights are invaluable.

I would also like to thank the Hon. Tammy Franks for her amendments that will be introduced today, which are driven by the support of Purple Orange. I appreciate her taking the time to be able to work through these amendments to ensure that this bill is appropriate and the amendments going through benefit all South Australians living with a disability.

I would like to highlight in particular, from an amendment perspective, that we are very supportive around the co-design. We strongly believe that we need to ensure that this government ensures co-design when it comes to everything relating to disability services so that people living with disability are able to have a say.

As I mentioned before, amendment No. 5 regarding section 13 is around the State Disability Inclusion Plan employment target. This is something I am very passionate about, and it will be something that I will continue to monitor to ensure that this government achieves these targets and puts measures in place to ensure that it is not just talk but that there is action. The work of Purple Orange seeks to see tangible outcomes, and I commend them for their work in this space.

In summary, people with disabilities deserve better. We must do better. Reviews, recommendations and royal commissions are not polite requests: they are necessary reforms. In future, I hope to see disability reform prioritised in both chambers and it not taking over a year to be able to come through. It should be at the forefront for consideration and consultation for this government. I would like to thank you, Mr Acting President, for the opportunity to speak on this bill, and I look forward to seeing tangible outcomes for people living with disabilities as a result of these amendments.

The Hon. T.A. FRANKS (16:20): I rise to speak on behalf of the Greens on the Disability Inclusion (Review Recommendations) Amendment Bill 2023, and I do so to overwhelmingly support the bill but to flag that, as has been raised by the opposition, the Greens will be moving a set of amendments. Certainly, those amendments have been discussed with government, opposition and members of this crossbench, but they were due to the advocacy of JFA Purple Orange, and I do thank the team there as well.

Disabled people, or people living with a disability, have fought for decades against the ableism that runs deep within our decision-making processes. We have seen progress. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, established by my federal Greens colleague Senator Jordon Steele-John, painted a confronting picture and marked a significant milestone for people living with a disability in this nation.

This bill represents yet another positive step. This progress is a result of fierce and fearless advocacy and action by grassroots advocates, activists, our national advocacy organisations, peak bodies and those from the community who speak up and say 'nothing about us without us'. However, the Greens know that significant barriers still remain in our society and that disabled people continue to fall through the cracks, often being denied the same rights and supports that they need to live the lives that they deserve.

We commend the work being done by this government and in particular Minister Cook in initiating this particular bill before us from the government. We are pleased to see the implementation of several recommendations from the Dennis review, and it complements Australia's Disability Strategy 2021-2031. The consultation undertaken when developing this bill made clear that the right for people with a disability to actively contribute to the design and delivery of inclusive policies and programs was vitally important. Again, I will echo the commendations of the former minister, the Hon. Michelle Lensink, in this place, who in her time as minister had charge of some of these matters and has done some stellar work.

My office has been working with disability advocate group Purple Orange and has put forward a series of amendments to strengthen this legislation, take advantage of the opportunity that the government bill presents and ensure that the contributions of people living with a disability are not simply tokenistic and have genuine opportunity to contribute to the process. I note that the Greens have lodged those amendments in two forms, so as we move through the debate I will note that the Greens filed a second series of amendments, and that is the one that I will be pursuing today. I thought it was simply easier to file a whole second set of amendments after the various negotiations rather than try to work from two documents.

One of those amendments seeks to ensure that government genuinely co-designs with people living with a disability rather than them only having 'a right to participate in the design and delivery of inclusive policies and programs'. A meaningful co-design process would run through the life of a project, from the planning stages through to the implementation and, of course, the review. Co-design leads to stronger outcomes and when compared to consultation alone is so far superior. It brings a range of perspectives, experiences and expertise that the process would otherwise miss.

The Greens will also seek to include certainty for independent advocacy services. There must be options for advocacy external from government agencies to allow for advocates to provide independent advice when issues arise that involve government departments, for example. We have also seen successive South Australian governments inadequately funding independent advocacy services, and that is to our loss as a democracy. Enshrining this in legislation and using this particular opportunity would reinforce the responsibility and provide funding certainty. This move would also bring us in line with some other jurisdictions.

We are also moving, in our amendments from the Greens, to further acknowledge the impacts and barriers faced by LGBTQIA+ and people living with a disability in regional South Australia. Those amendments reflect the fact that people who identify as LGBTQIA+ and people who live in regional South Australia and have a disability may also encounter many additional and compounding barriers. They often have to straddle the hurdle of less access to essential supports and services that are appropriate to their needs.

A further amendment seeks to expand the reporting requirements of the chief executive when 'advising the minister on systemic or emerging accessibility and inclusion issues'. In addition to this requirement, our amendment would require more information such as details of the issue and the actions taken and proposed and, if no action was taken, the reasons for that decision. That would provide for increased accountability and transparency and encourage broader conversations and engagement on how best to manage emerging issues.

The Greens will also move an amendment to require the government to set public sector employment targets for people living with a disability in the State Disability Inclusion Plan. Our amendments also provide that an independent auditor would track the progress of achieving those targets. This way, the state government can serve as a model employer and lead the way in lifting the workforce participation rates for people in our state living with a disability.

The Dennis review, of course, highlighted the benefits of inclusive employment, if anyone needed to be reminded or advised that this was in fact something that we should be striving for. There are positive economic impacts, increased independence, reduced pressure on public resources and contributions made by people living with disability as exceptional workers that are not only recognised in that report but, I would hope, would be supported by all in this chamber today.

Finally, we have an amendment that is designed to ensure that disability access and inclusion plans continue to develop and be effective. Some of the initial plans used ill-defined and vague language, resulting in ineffective and ill-defined outcomes. This amendment will seek to include a requirement for measurable outcomes. Clearly articulated outcomes ensure that it will be much more than just a tick box exercise, and help agencies and local councils to understand when it is working and when it is not.

I again thank Purple Orange and the team there for their work in ensuring that we had in this debate genuine insight into issues affecting South Australian people living with a disability. This bill does represent a significant step and is an opportunity to make our state a leader in this space. With that, I commend the bill.

The Hon. S.L. GAME (16:28): I rise briefly in support of this bill on the basis that it will strengthen the rights and protections of people with disabilities in South Australia. This bill requires the minister to consider the views of people with disabilities on how the act is working. It broadens the definition of disability to include physical, technological and attitudinal barriers, and the amendments add new principles to the act, including the right to safety, information and participation for people with disabilities.

The bill requires the State Disability Inclusion Plan to address the needs of people with significant disabilities and those with high vulnerability. It makes changes to reporting requirements for both the State Disability Inclusion Plan and disability access and inclusion plans of government agencies. The bill aims to make South Australia more inclusive for people with disabilities by improving accessibility, strengthening their rights and ensuring their voices are heard.

The Hon. E.S. BOURKE (16:29): I rise to speak on the Disability Inclusion (Review Recommendations) Amendment Bill. I thank the Minister for Human Services for developing this important body of work. I also acknowledge the work of the Hon. Tammy Franks, who has worked with Purple Orange in developing a number of these amendments. I will not repeat the many details that have already been outlined through the bill by Minister Scriven, who did an outstanding job explaining the clauses of the bill in her second reading explanation in the last sitting week.

I will, however, link this important body of work to the state's autistic and autism communities. As with all important changes, it is important to review it to make sure that they are meeting the needs of the community they serve. In this case, it is the state's disability community, of which many autistic people consider themselves a part.

As has been mentioned previously, the review of this act was undertaken in 2022 by the independent reviewer, Mr Richard Dennis AM. Now the government is updating this bill with a suite of key changes, including but not limited to moving elements of the Disability Inclusion Regulations 2019 into the act, including a definition of 'barrier', given the significance of the concept of barriers in the definition of disability and within the wider issue of achieving greater inclusion, requiring consultation with people with lived experience and groups to facilitate consultation.

One in four Australians has an autistic family member, and here in SA we sit around 6 per cent higher than the national average, around 41 per cent of our NDIS participants being autistic. In essence, autistic people are the largest disability group in our country, especially here in our state. The changes in this act will benefit the state's autistic and autism communities and build on much of the work already being undertaken at a policy level to improve the life outcomes of autistic South Australians.

We have already established an autism advisory committee, with almost all members of the committee identifying as autistic. We are developing the state's first Autism Strategy, a road map that will guide the state government now and into the future on how best to support the autistic and autism communities. This strategy has been designed by the very people it serves, the state's autistic and autism communities, with over 1,300 people coming together overall to have their say and help co-design this historic body of work.

We are rolling out the state's first Autism Inclusion Charter across the state government. We have made changes in our public primary schools through the delivery of autism inclusion teachers and changed teachers' degrees to include disability and inclusive studies. We have created the nation's first autistic-led Office for Autism. We have created new diagnostic services, with the flexibility for these to be delivered in school for free.

We have released grants of up to $50,000 to support autism inclusion in the community, and we have secured over $14 million to deliver support earlier than ever before through the new Inklings program, which will be delivered to families of babies aged six to 18 months. Again, we are leading the way here in SA and doing the necessary legislative work to make sure our state has the best support available to the disability community.

The Hon. R.B. MARTIN (16:32): The proportion of Australians and South Australians who experience some form of disability is higher than many in our community may realise. We have heard in the contribution of the Minister for Primary Industries that the figure for Australia is as high as one in six people. The nature of disability in our community is as diverse as our community itself, and disability impacts people in many different ways.

As a state government, recognising the diversity and complexity of those impacts, and doing all that we can to ensure the needs of people with a disability are identified and met, from the structure of the institutions within our society through to some of the most mundane-seeming infrastructure of our daily lives, is a strong imperative. It is a task that any good government should be ready and willing to meet.

Section 32 of the Disability Inclusion Act 2018 requires the Minister for Human Services to cause a review of the operation of the act before the fourth anniversary of the commencement of the act and to table a report in both houses of parliament. To that end, we have heard that Mr Richard Dennis was appointed on behalf of the South Australian government in December 2021 to undertake an independent review. The review was undertaken mid-2022 and included consultation activities, such as meetings, written submissions and public engagement through the state government's YourSAy website.

The final report, which was tabled in parliament in September 2022, included 50 recommendations for the state government to consider. Among them, 20 recommendations were in relation to legislation, nine in relation to policy and 21 in relation to operational considerations. The bill now before us deals with 14 of the 20 legislative recommendations. Other recommendations are being considered in the context of the review of the National Disability Insurance Scheme released in December 2023 and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, released in late September 2023, as well as the review of the State Disability Inclusion Plan, which is ongoing.

The draft version of the bill was subject to both public and targeted consultation. Between 27 February 2023 and 6 April 2023, the Department of Human Services conducted a consultation through the YourSAy portal seeking community feedback on a draft bill and to commence discussions on a state disability inclusion plan more broadly. Peak organisations and those who had provided feedback in the first consultation were invited to provide written submissions.

Only one change was made following the public consultation period, which was to amend the lengthy and prescriptive section about the minister's disability advisory committee, down to a shorter section that requires the minister to seek the views of the people with disability and to establish an advisory group. Prior to the legislation being introduced, the Minister for Human Services in the other place established the Disability Minister's Advisory Council, which aligns with this element of the bill.

Among other things, the bill before us seeks to move elements of the Disability Inclusion Regulations 2019 into the act, and they are:

to better define the term 'barrier' in the act;

to include new paragraphs 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 supports;

the bill also seeks to amend 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;

to include a new section to provide for consultation and engagement activities by the minister on the operation of the act, and for both formal and informal committees to be established for this purpose; and

to amend sections relating to reporting requirements and time frames for the State Disability Inclusion Plan and state authority disability access and inclusion plan, as well as the specific functions of the chief executive of the Department of Human Services.

It is a keen ambition of the Malinauskas Labor government to ensure South Australia is an inclusive state. Inclusion for people with disability is about ensuring that every person can participate on equitable terms across all aspects of society. Inclusion can be embedded in our public spaces, our schools, our workplaces and beyond.

Our deliberate choice to promote and facilitate inclusion for people with disability is essential. Many areas of life are aimed principally at accommodating people without disability, which can make access, particularly access on equal terms, quite difficult and sometimes impossible for people with disability. Many people miss out on opportunities for social and community participation, education and employment because their needs are not or cannot be accommodated.

Inclusion is central to fairness, justice and equality. It should be our goal to make sure that each person has fair opportunity to participate and access life's experiences. But inclusion does not only enhance life for people with disability, it elevates and enriches our whole community. Ensuring that different perspectives are incorporated and diverse voices are heard in our society helps us to grow and develop as a community, and helps us to make better decisions as a community.

Making South Australia an inclusive place is a goal that we can only reach through seeking input from people with lived experience. The Malinauskas Labor government aims to keep this in mind in the work that we do to increase inclusiveness and to promote fairness, justice and equity for people with disability. We have marked some significant milestones thus far towards delivering on our suite of commitments in this important policy area. In particular, in relation to the autistic and autism community, we heard just now from the nation's first Assistant Minister for Autism, whose hard work and dedication I strongly commend, about many of the things this government has achieved that we should be proud of—without resting on our laurels, however, because there is more work to be done.

In addition to our nation-leading work around autism and autistic South Australians, we have increased funding to the Community Visitor Scheme from $319,000 a year to $450,000. We have established a disability ministerial advisory council and we have agreed to changes to the National Construction Code that come into effect from October 2024, increasing minimum accessibility and adaptability standards to silver level of Livable Housing Australia design guidelines. I note that this was voluntarily adopted by the SA Housing Authority for all new builds from April 2022.

We have, in December 2023, introduced a target of 3 per cent employment in the state Public Service for people with disability under the Office of the Commissioner for Public Sector Employment's new Diversity, Equity and Inclusion Strategy. We have other major work that is still ongoing and the work of this government in relation to strengthening inclusion for people with disability will never be complete because there is no such thing.

We know we can always do better and striving to do better means, among other things, that you are paying attention. Elevating the voices of those with lived experience and listening to what they are saying will always be critical to our success in this very important area of policy and of community life.

I pay tribute to the good faith and support that this bill has enjoyed in the other place, and I note and welcome the contributions and cooperation of the crossbench, in particular the Greens and the Hon. Tammy Franks. This is an area of policy where we should quite rightly hope for and expect cross-partisan collaboration because we can all agree that inclusion, fairness and justice for people with disability are fundamentally important matters that we have every obligation to advance in this parliament. I am pleased to commend this bill to the council.

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (16:41): I would like to thank all those members who made contributions on this bill this afternoon: the Hon. Heidi Girolamo, the Hon. Tammy Franks, the Hon. Sarah Game, the Hon. Emily Bourke and the Hon. Reggie Martin. As mentioned, a number of the changes that are proposed in this bill are in response to recommendations of the Dennis review. I look forward to the committee stage and I am confident that the outcomes from this afternoon's debate and votes will result in a more inclusive and responsive system to respond to the needs of people with disability.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. H.M. GIROLAMO: In regard to the implementation of the bill, what additional state funding or increase in FTE will be allocated to ensure the rollout of the amendment bill?

The Hon. C.M. SCRIVEN: I am advised that the rollout is expected to be achievable within existing resources, noting that each of the relevant agencies will have their own implementation plans and the expectation is that that will be achievable.

The Hon. H.M. GIROLAMO: Are you able to confirm for the record that there will be no increase in headcount to ensure that these recommendations are achieved?

The Hon. C.M. SCRIVEN: I am advised that it is certainly worthwhile mentioning that there is a new state plan that is currently under consultation. In terms of this specific bill, it does not require additional FTE directly through the operation of the bill.

The Hon. H.M. GIROLAMO: Are you able to clarify what elements are legally required within the bill versus more 'nice to have' elements that may or may not be achieved by the department?

The Hon. C.M. SCRIVEN: Could the honourable member clarify what she means by 'legally required'?

The Hon. H.M. GIROLAMO: I guess I will use the example of the potential targets or areas of interest within disability inclusion, some of the recommendations that are coming through. Does the minister intend on making sure that measures are going to be put in place to make sure these are achieved versus talk or action and not necessarily having the outcome that is intended by the bill? I am wondering what legal ramifications there are to ensure that these targets, or what has been included in these recommendations, are actually achieved.

The Hon. C.M. SCRIVEN: I am advised that the intent is to action them through the state plan, and so we will be accountable in the same way that agencies are for other similar matters.

Clause passed.

Clauses 2 and 3 passed.

Clause 4.

The Hon. T.A. FRANKS: I move:

Amendment No 1 [Franks–2]—

Page 3, line 1 [clause 4, heading]—delete 'section 7A' and substitute 'sections 7A and 7B'

I note that while this is an administrative amendment it is with regard to the co-design principles that have been requested through the advocacy work of Purple Orange and others. While it is administrative, it will have a knock-on. Should people support the principles of co-design they will support this administrative clause being amended.

The Hon. H.M. GIROLAMO: We are supportive of this amendment.

The Hon. C.M. SCRIVEN: The government is supporting this amendment. We are certainly very conscious of the importance of co-design. It is something that has been a commitment, and we have no problem with it being included specifically in the act.

Amendment carried.

The Hon. T.A. FRANKS: I move:

Amendment No 2 [Franks–2]—

Page 3, line 12 [clause 4, inserted section 7A(2)]—Delete 'may' and substitute 'must'

This changes the word 'may' to 'must' and would therefore see that relevant clause read, 'The Minister must establish a committee to advise and assist the Minister in relation to the operation of this section', again, along the principles of the co-design amendments.

The Hon. H.M. GIROLAMO: We are supportive of this amendment as well.

The Hon. C.M. SCRIVEN: The government supports this amendment in that it requires the minister to establish an advisory group rather than simply allowing a group to be established. The government has already established the Disability Minister's Advisory Council, which is consistent with this proposal.

Just for the record, I am advised the clause also reintroduces some words from the draft bill that went out for public consultation around the functions of the group, including a critical role in the preparation and review of the State Disability Inclusion Plan, Inclusive SA. There is considered to be a good balance between the public consultation version, which potentially had too much prescriptive detail, and the version now introduced.

Amendment carried.

The Hon. T.A. FRANKS: I move:

Amendment No 3 [Franks–2]—

Page 3, after line 23—After inserted section 7A insert:

7B—Minister to establish committee

(1) Without limiting section 7A(2), the Minister must establish a committee to—

(a) advise the Minister, taking into account the principles of co-design, in relation to the preparation and review of the State Disability Inclusion Plan; and

(b) perform such other functions as may be assigned to the committee under this or any other Act or by the Minister.

(2) The membership of the committee will be determined by the Minister but should, as far as is reasonably practical, include a diverse range of people with lived experience of disability.

(3) The procedures of the committee will be—

(a) as determined by the Minister; or

(b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee.

This provides for the creation of an external review committee to advise on the State Disability Inclusion Plan. I also, in doing so, acknowledge the work of the minister in actually taking these approaches in practice, if not being previously required to in law, so I commend her for that.

The Hon. H.M. GIROLAMO: We are also supportive of this element. Leading from the question that I asked before, I think the word 'must' ensures that there is that direction that it needs to be done by law, and that is something that we feel more comfortable with rather than there just being talk and not as much action. So we are supportive of this amendment as well.

The Hon. C.M. SCRIVEN: The government is supporting this amendment.

Amendment carried; clause as amended passed.

Clause 5 passed.

Clause 6.

The Hon. T.A. FRANKS: I move:

Amendment No 4 [Franks–2]—

Page 4, lines 2 to 4 [clause 6(2), inserted paragraph (p)]—Delete paragraph (p) and substitute:

(p) people living with disability from a range of lived experiences, and their families and representatives, have a right to participate in the design and delivery of inclusive policies and programs including, as appropriate, through co-design, consultation or other processes;

I note that this highlights the importance of co-design while acknowledging that it will be used as appropriate, and note my restraint so far to have not mentioned co-designing a new engagement paradigm once, but that is it, that is my quota. With that, I commend the amendment.

The Hon. H.M. GIROLAMO: In regard to this amendment, we will be supportive of the government's amendment on this one. We did raise concerns about mention of the commonwealth government and feel that the state should be accountable within this bill and then, of course, we are very supportive of disability advocacy across both federal and state governments. We are one of the only states that has very limited support from a state perspective when it comes to advocacy. We will not be supporting this amendment at this stage.

The CHAIR: This is amendment No. 4.

The Hon. H.M. GIROLAMO: Okay, I will save that comment for amendment No. 5, sorry.

The CHAIR: So you are agreeing to amendment No. 4?

Members interjecting:

The CHAIR: The Hon. Ms Girolamo, stand up and tell me what you are doing about amendment No. 4.

The Hon. H.M. GIROLAMO: We are very supportive of amendment No. 4.

The Hon. C.M. SCRIVEN: The government is supporting amendment No. 4.

The Hon. C. BONAROS: For the record, I am supportive of all of the Greens' amendments.

Amendment carried.

The CHAIR: The Hon. Ms Franks, we will deal with your amendment first: amendment No. 5.

The Hon. T.A. FRANKS: Yes, I think you might need to, Chair, because if you do not have my amendment moved, then you do not have the government amendment of my amendment.

The CHAIR: I am sorry, I did not hear what you said.

The Hon. T.A. FRANKS: I move:

Amendment No 5 [Franks–2]—

Page 4, after line 10—After inserted paragraph (q) insert:

(r) independent individual, representative or peer group and systemic disability advocacy are important and the State and Commonwealth governments equally share the responsibility for ensuring adequate funding and resourcing for independent advocacy in South Australia.

The Greens move this because independent individual, representative or peer group and systemic disability advocacy are important and the state and commonwealth governments equally share the responsibility for ensuring adequate funding and resourcing for independent advocacy in our state.

The Hon. C.M. SCRIVEN: I move:

Amendment No 1 [PrimIndRegDev–1]—Amendment to Amendment No 5 [Franks-2]—

Page 4, after line 10—Delete inserted paragraph (r) and substitute:

(r) people with disability, and their families and representatives as appropriate, have a right to access and benefit from independent individual and systemic advocacy that assists in accessing services and addressing problems with services.

This makes some changes to—

The CHAIR: To the Hon. Ms Franks' amendment.

The Hon. C.M. SCRIVEN: —correct—to amend [Franks-2] amendment No. 5. The government supports reference to advocacy in the act and notes that this reinforces the government's own proposal to expand the principles of the act to acknowledge the role of advocates for people with significant intellectual disability or who experience high levels of vulnerability. However, the government has concerns about reference to commonwealth funding and resourcing when there is limited or, indeed, perhaps no capacity to bind the commonwealth using state legislation.

Similarly, the government has concerns about referencing state funding obligations that may trigger an undefined budget impact. However, despite those concerns we think it is important to boost references to advocacy in the act and therefore are proposing the alternative set of words that has been lodged.

It is probably worth noting that according to my advice the government's proposed wording is not the first preference of Julia Farr Purple Orange, which first proposed the amendment, but they have indicated, I am advised, that the government's proposal would be acceptable if the council does not support the Greens' position.

Amendment to amendment carried; amendment as amended carried.

The Hon. T.A. FRANKS: I move:

Amendment No 6 [Franks–2]—

Page 4, after line 25—After inserted subsection (5a) insert:

(5b) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who identify as LGBTQIA+:

(a) cultural and other differences create barriers to providing supports and services to people with disability who identify as LGBTQIA+;

(b) the provision of mainstream supports and services to people with disability who identify as LGBTQIA+ should recognise and seek to address those barriers and should be informed by working in partnership with people with disability who identify as LGBTQIA+ and in consultation with their communities, to enhance their lives.

(5c) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who live in regional communities:

(a) distance from metropolitan regions reduces the availability of supports and services to people with disability who live in regional communities;

(b) the provision of mainstream supports and services to people with disability who live in regional communities should recognise and seek to address this availability shortage, and should be informed by working in partnership with people with disability who live in regional communities and in consultation with their communities, to enhance their lives.

This inserts a new subsection (5b) that specifically recognises in addition LGBTQIA+ and regional people with a disability. Certainly, the principles of the bill have identified that some people with disability have intersectional and additional challenges and require appropriate supports. This amendment does reflect the fact that those people who identify as LGBTQIA+ and people who live in regional South Australia may indeed encounter those additional compounding barriers and often have lesser access to essential supports and services that are appropriate to meet their needs.

The Hon. C.M. SCRIVEN: The act currently has four priority groups, comprising people with disability who are women, children, Aboriginal or come from culturally and linguistically diverse communities. The amendment seeks to add two additional priority groups, being people with disability living in regional communities and people with disability who identify as LGBTQIA+. The government will be supporting this amendment.

As Minister for Regional Development and as a regional resident myself, I am particularly aware of the specific challenges that arise from living distant from metropolitan Adelaide, and therefore I am particularly keen to see this reference to regional communities included. There are consequential amendments to ensure these groups are then referenced in other relevant sections of the act and the government, of course, supports those also.

The Hon. H.M. GIROLAMO: The opposition is supportive of all further Greens' amendments that have been put forward, particularly around including regional South Australia. Concerns are often raised about the lack of access to services within regional South Australia for people living with disabilities.

Amendment carried; clause as amended passed.

Clause 7 passed.

Clause 8.

The Hon. T.A. FRANKS: I move:

Amendment No 7 [Franks–2]—

Page 4, after line 30—Before subclause (1) insert:

(a1) Section 13(3)(a)—after 'of people with disability' insert:

including by adopting targets for the employment of people living with disability in the South Australian public service

This amendment adopts employment targets for people living with a disability and works with the existing policies within the Office for the Public Sector and their disability employment targets.

The Hon. C.M. SCRIVEN: The government supports these two amendments that seek to add a disability employment target into the statewide disability inclusion plan, Inclusive SA, and ensure the expanded list of priority groups that were added to the principles earlier in the committee stage are reflected in the statewide plan.

When the bill was introduced last year, there was a disability target for the state Public Service. In December 2023, the Office of the Commissioner for Public Sector Employment published a new Diversity, Equity and Inclusion Strategy that included a formal target for disability employment, along with governance arrangements and reporting requirements. The government intends to comply with this new requirement in the act by updating the statewide plan to include the target established by the commissioner. It should also be noted that the act already requires agency-level disability access and inclusion plans to have strategies around employment amongst a range of other areas.

Amendment carried.

The Hon. T.A. FRANKS: I move:

Amendment No 8 [Franks–2]—

Page 4, line 40 [clause 8(1), inserted paragraph (ba)(ii)]—Delete 'and (5a)' and substitute:

, (5a), (5b) and (5c)

This is consequential with regard to the regional and LGBTIQA+ categories.

Amendment carried; clause as amended passed.

Clause 9.

The Hon. T.A. FRANKS: I move:

Amendment No 9 [Franks–2]—

Page 5, after line 12—After subclause (2) insert:

(3) Section 14—after subsection (2) insert:

(3) A report under subsection (1) must include details of any systemic issues raised with the Minister and—

(a) if action has been taken or is proposed to be taken in relation to an issue raised with the Minister—details of that action or proposed action; and

(b) if no action is to be taken in relation to an issue raised with the Minister—the reasons for not taking action.

This provides that annual reports must include the details of systemic issues and proposed action. It provides for that ministerial accountability that was sought but does so through the annual report process rather than on an as-it-occurs basis.

The Hon. C.M. SCRIVEN: We support this amendment that seeks to increase transparency and reporting around systemic issues by including additional information in the annual report that is tabled in parliament. While systemic issues are not specifically defined in the act, the general view is that they are problems with systems rather than individuals. This may be where an issue in a particular system affects large numbers of people but also issues where different systems between agencies or between levels of government clash, overlap or leave gaps.

Amendment carried; clause as amended passed.

Clause 10 passed.

Clause 11.

The Hon. T.A. FRANKS: I move:

Amendment No 10 [Franks–2]—

Page 5, after line 19—Before subclause (1) insert:

(a1) Section 16(3)(d)—after 'strategies' insert:

, accompanied by measurable outcomes where appropriate,

This adds a requirement for measurable outcomes in disability access and inclusion plans where appropriate. It adds the words 'accompanied by measurable outcomes where appropriate'. I note that it is important to have aspirations, but it is also important to be able to measure those aspirations. It does not mean that those aspirations and the measurables require significant financial investment necessarily, but certainly if we are setting ourselves goals, and particularly at a local council or other government level, to increase accessibility in our community, to include people with disabilities in our community, we should be able to prove that we are doing so and that the things that we are trying to do are actually working.

The Hon. C.M. SCRIVEN: The government supports this amendment. It is consistent with the government's proposed changes to the statewide plan that required the inclusion of measurable outcomes linked to strategies.

Amendment carried.

The Hon. T.A. FRANKS: I move:

Amendment No 11 [Franks–2]—

Page 5, line 22 [clause 11(1), inserted paragraph (da)]—Delete 'and (5a)' and substitute ', (5a), (5b) and (5c)'

This is consequential with regard to the amendments around LGBTIQA+ and regional inclusion in the groupings that we are making provision to ensure that those barriers are addressed.

Amendment carried; clause as amended passed.

Clause 12.

The Hon. T.A. FRANKS: I move:

Amendment No 12 [Franks–2]—

Page 6, line 4 [clause 12(5), inserted subsection (1a)]—Delete 'and (5a)' and substitute ', (5a), (5b) and (5c)'

This is consequential again on the issues of including LGBTIQA+ and regional people with a disability. I certainly imagine that administratively this is just a consequential amendment, but I want to take the opportunity to thank Minister Cook, her hardworking staff and, in particular, Michael Hicks from her team for ensuring that we have worked collaboratively and collegially to get all of these amendments across the line in the end.

Amendment carried; clause as amended passed.

Remaining clause (13) and title passed.

Bill reported with amendment.

Third Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (17:05): I move:

That this bill be now read a third time.

Bill read a third time and passed.


At 17:06 the council adjourned until Wednesday 19 June 2024 at 14:15.

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