New South Wales Consolidated Acts

DISABILITY INCLUSION ACT 2014 - SECT 5

5 Principles recognising the needs of particular groups

(1) For the purposes of this Act, the
"disability principles" relating to people with disability also include the principles set out in this section.

(2) Supports and services provided to Aboriginal and Torres Strait Islander people with disability are to be provided in a way that--

(a) recognises that Aboriginal and Torres Strait Islander people have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters, and

(b) recognises that many Aboriginal and Torres Strait Islander people with disability may face multiple disadvantage, and

(c) addresses that disadvantage and the needs of Aboriginal and Torres Strait Islander people with disability, and

(d) is informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.

(3) Supports and services provided to people with disability from culturally and linguistically diverse backgrounds are to be provided in a way that--

(a) recognises that cultural, language and other differences may create barriers to providing the supports and services, and

(b) addresses those barriers and the needs of those people with disability, and

(c) is informed by consultation with their communities.

(4) Supports and services provided to women with disability are to be provided in a way that--

(a) recognises that women with disability may face multiple disadvantage and are potentially more vulnerable to risk of abuse or exploitation, and

(b) addresses that disadvantage and risk, and the needs of women with disability, and

(c) is informed by consultation with women with disability.

(5) Supports and services provided to children with disability are to be provided in a way that--

(a) recognises that a child with disability has the right to a full life in conditions that ensure the child's dignity, promote self-reliance and facilitate the child's active and full participation in family, cultural and social life, and

(b) recognises that children are more vulnerable to risk of abuse or exploitation, and

(c) addresses that right and risk, and ensures the best interests of the child is the primary concern in making decisions affecting the child while also respecting the responsibilities, rights and duties of a parent or other person legally responsible for the child in relation to giving appropriate direction and guidance for the child's welfare, and

(d) respects the views of the child with disability (having regard to the child's age and maturity).

(5A) Supports and services provided to LGBTIQ+ people with disability are to be provided in a way that--

(a) addresses the needs of LGBTIQ+ people with disability, and

(b) is informed by consultation with LGBTIQ+ people with disability.

(6) This section does not impose an obligation on anyone to provide supports and services.