Disability Services Act
06/04/2011
The Hon. K.L. VINCENT (15:44): I would like to take this opportunity to look across the border to Victoria, which has some pretty good legislation which was enacted to reaffirm and strengthen the rights and responsibilities with regard to people with disabilities. I feel that it is timely to discuss this legislation in view of our own government’s somewhat belated review of our Disability Services Act, as I believe that we can learn a lot from the Victorians in this regard.
It seems to me that there is only a chosen few who are able to have any input into the review and I felt that it was my duty as the Dignity for Disability MP to put the views of my constituents on the record. I have only a short time to speak today and will therefore focus on a couple of principles on which the act is based and the institutions or initiatives which I believe help realise these principles and, in turn, the human rights of people with disabilities.
The Victorian act provides that people with disabilities should be free from abuse and neglect, and also provides 18 principles which apply to disability services—simple, yet poignant principles—which include the principle that disability services should be of a high quality and provided by skilled and experienced staff. They should also be flexible and responsive, and advance inclusion and participation in the community for people with disabilities. Now, these principles should a given, but they seem to mean so much more when enshrined in an act of parliament.
So you may ask: how does the Victorian legislation help to realise this principles in relation to disability services? Well, one only need consider the Community Visitors Scheme established under the act, whose function is to allow community visitors to visit premises where disability services are being provided. It is the role of community visitors to consider the standards of accommodation at this facility, the adequacy of opportunity for inclusion and participation for the residents, any suspected case of abuse or neglect, the use of restrictive practices and whether or not the residential facilities are being provided in accordance with the act’s overarching principles. In view of recent events at Strathmont—and, indeed, other horror stories—I consider that a Community Visitors Scheme is necessary in our state and will soon introduce a bill to establish such a scheme.
The Victorian act also recognises the principle that any restrictions on the rights of people with disabilities should be the least restrictive. So, how does the act help to enliven this principle? Simple—it has a whole part which relates to restrictive practices. This part provides that any disability service provider who wishes to use restrictive practices (such as chemical restraint, mechanical restraint or seclusion) must be approved to do so, and must only do so where the person in danger of harming themselves or others. This part then goes on to specify the very limited circumstances under which restrictive practices may be used.
Now, this makes perfect sense. We have all heard of the horror stories in the past where people were tied to beds or sedated for indefinite periods. While we hope that these practices no longer occur, the sad reality is that they do. We need strong laws to protect people with disability to ensure that any restrictive practice is used as a last resort in very controlled circumstances. I will soon be introducing a bill which mirrors the Victorian act’s section regarding restrictive practices.
The senior practitioner is established under the Victorian act and further strengthens the rights of people with disabilities when it comes to restrictive practices and compulsory treatment. The functions of the senior practitioner are to develop guidelines, undertake research, provide education and advice, and to evaluate and monitor the use of restrictive practices. In addition, the senior practitioner may give direction to disability service providers in relation to restrictive practices and compulsory treatment. I consider that a senior practitioner is much needed in South Australia and will soon be introducing a bill which creates this position.
I also intend to introduce a bill which deals with compulsory treatment and the establishment of residential treatment facilities similar to that provided in Victoria’s act. As we all know, prisons are not the place for people with intellectual disability, especially when they are not guilty or are unfit for trial on account of mental incapacity, but that is a story for another day.
