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This is a Bill, not an Act. For current law, see the Acts databases.


DISABILITY SERVICES AMENDMENT BILL 2004

                          Western Australia



      Disability Services Amendment Bill 2004

                             CONTENTS

1.       Short title                                       1
2.       Commencement                                      2
3.       The Act amended                                   2
4.       Long title amended                                2
5.       Section 3 amended                                 2
6.       Section 6 amended                                 3
7.       Section 7 amended                                 4
8.       Section 12 amended                                4
9.       Section 21B amended                               5
10.      Heading to Part 3 amended                         5
11.      Section 22 replaced and transitional provision    6
12.      Section 23 amended                                7
13.      Section 24 amended                                7
14.      Section 25 amended                                8
15.      Heading to Part 4A amended                        8
16.      Section 26A amended                               8
17.      Section 26B amended                               9
18.      Section 26C amended                               9
19.      Heading to Part 5 amended                         9
20.      Section 28 replaced and transitional provision    9
21.      Section 29 amended                               11
22.      Sections 29A to 29C inserted                     12
23.      Heading to Part 6 amended                        13
24.      Section 30 amended                               13
25.      Section 30A inserted                             13
26.      Section 40 amended                               15
27.      Section 42 replaced by sections 42 and 42A       15
28.      Section 44 amended                               17
29.      Part 6 Division 4A inserted                      17
30.      Section 46 replaced                              19

                              311--1                       page i
Disability Services Amendment Bill 2004



Contents



   31.     Section 46A inserted                               20
   32.     Schedule 1 replaced                                20
   33.     Schedule 2 replaced                                22
   34.     Schedule 5 amended                                 24
   35.     Consequential amendment to the Constitution Acts
           Amendment Act 1899                                 25
   36.     Consequential amendment to the Health Services
           (Conciliation and Review) Act 1995                 25




page ii
                           Western Australia


                      LEGISLATIVE ASSEMBLY



     Disability Services Amendment Bill 2004


                               A Bill for


An Act to amend the Disability Services Act 1993 and to
consequentially amend various other Acts.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Disability Services Amendment
        Act 2004.




                                                                page 1
     Disability Services Amendment Bill 2004



     s. 2




     2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

5    3.         The Act amended
                The amendments in this Act, other than sections 35 and 36,
                are to the Disability Services Act 1993*.
                [* Reprinted as at 26 May 2000.
                   For subsequent amendments see Western Australian
10                 Legislation Information Tables for 2003, Table 1, p. 105.]

     4.         Long title amended
                The long title is amended by deleting "for Disability Services,"
                and inserting instead --
                "   on Disability,   ".

15   5.         Section 3 amended
                Section 3 is amended as follows:
                  (a) by inserting in the appropriate alphabetical positions --
                "
                      "disability service" means --
20                        (a) a service provided specifically for people
                                with disabilities, whether by carers or others;
                                or
                          (b) a service provided specifically for carers;
                      "metropolitan region" has the meaning given to that
25                        term in section 6 of the Metropolitan Region Town
                          Planning Scheme Act 1959;
                                                                                  ";



     page 2
                                         Disability Services Amendment Bill 2004



                                                                              s. 6



               (b)    in the definition of "Council" by deleting "for Disability
                      Services referred to in section 22;" and inserting
                      instead --
                      " on Disability established under section 22; ";
5              (c)    in the definition of "service developer" --
                        (i) in paragraph (a) by deleting "services for people
                              with disabilities;" and inserting instead --
                         "
                                disability services other than disability
10                              services provided by carers;
                                                                            "; and
                        (ii)   by deleting "services to people with disabilities;"
                               in each place where it occurs and inserting
                               instead --
15                       "
                                disability services other than disability
                                services provided by carers;
                                                                                ";
               (d)    in the definition of "service provider" by deleting
20                    "services to people with disabilities, but does not
                      include a person as defined in section 24(1)(a)." and
                      inserting instead --
                         "
                                disability services other than disability
25                              services provided by carers.
                                                                                ".
     6.       Section 6 amended
              After section 6(4) the following subsection is inserted --
          "
30            (5)    The Commission is to be taken to be a department
                     established under section 35 of the Public Sector
                     Management Act 1994.
                                                                                ".

                                                                            page 3
     Disability Services Amendment Bill 2004



     s. 7



     7.              Section 7 amended
          (1)        Section 7(2) is amended as follows:
                       (a)       after "appointed by the Minister" by inserting --
                                 " from persons nominated under subsection (2a) ";
5                     (b)        after paragraph (c) by deleting "and";
                      (c)        at the end of paragraph (d) by deleting the full stop and
                                 inserting instead --
                             "
                                       ; and
10                               (e)   at least 2 of whom have had recent experience
                                       in matters relevant to people with disabilities
                                       outside the metropolitan region.
                                                                                             ".
          (2)        After section 7(2) the following subsection is inserted --
15              "
                    (2a)     The Minister is to seek nominations, in accordance
                             with the regulations, of persons for appointment as
                             members of the Board.
                                                                                             ".

20   8.              Section 12 amended
          (1)        Section 12(1) is amended as follows:
                       (a) in paragraph (b) by deleting "of services to people with
                            disabilities;" and inserting instead --
                                 "
25                                     , encouragement and facilitation of disability
                                       services;
                                                                                             ";
                      (b)        in paragraph (d) by deleting "services specifically for
                                 people with disabilities;" and inserting instead --
30                               " disability services; ";


     page 4
                                                     Disability Services Amendment Bill 2004



                                                                                           s. 9



                         (c)    in paragraph (h) by deleting "disability service plans"
                                and inserting instead --
                                " disability access and inclusion plans ";
                         (d)    in paragraph (i) by deleting "services to people with
5                               disabilities;" and inserting instead --
                                "
                                      disability services other than disability services
                                      provided by carers;
                                                                                            ".
10         (2)       Section 12(3) is repealed and the following subsection is
                     inserted instead --
                 "
                     (3)       In performing its functions the Commission is to --
                                 (a) further the principles in Schedule 1; and
15                               (b) meet the objectives in Schedule 2.
                                                                                            ".

     9.              Section 21B amended
                     Section 21B(b) is amended by deleting "or service providers."
                     and inserting instead --
20                   "     service providers or carers. ".

     10.             Heading to Part 3 amended
                     The heading to Part 3 is amended by deleting "for Disability
                     Services" and inserting instead --

                     "     on Disability        ".




                                                                                     page 5
     Disability Services Amendment Bill 2004



     s. 11



     11.           Section 22 replaced and transitional provision
           (1)     Section 22 is repealed and the following section is inserted
                   instead --
     "
5            22.         Council established
                   (1)   A body called the Ministerial Advisory Council on
                         Disability is established.
                   (2)   The Council is to comprise not more than 14 members,
                         appointed by the Minister from persons nominated
10                       under subsection (3).
                   (3)   The Minister is to seek nominations, in accordance
                         with the regulations, of persons for appointment as
                         members of the Council.
                   (4)   In appointing the members the Minister is to ensure
15                       that --
                           (a) they are all persons who have disabilities, or
                                knowledge of, and experience in, matters
                                relevant to people with disabilities;
                           (b) they reflect the interests of the entire spectrum
20                              of disabilities; and
                           (c) at least 2 of them have had recent experience in
                                matters relevant to people with disabilities
                                outside the metropolitan region.
                   (5)   Schedule 5 has effect.
25                                                                                 ".
           (2)     Each member of the old Council immediately before
                   commencement day is to be taken to have been appointed under
                   section 22 of the Disability Services Act 1993 as inserted by this
                   section to the new Council for the term of his or her
30                 appointment to the old Council.



     page 6
                                               Disability Services Amendment Bill 2004



                                                                                    s. 12



           (3)        In subsection (2) --
                      "commencement day" means the day on which this section
                           comes into operation;
                      "new Council" means the Ministerial Advisory Council on
5                          Disability established under section 22 of the Disability
                           Services Act 1993 as inserted by subsection (1);
                      "old Council" means the Advisory Council for Disability
                           Services established under the Disability Services Act 1992
                           and continued by section 22 of the Disability Services
10                         Act 1993.
     12.              Section 23 amended
           (1)        Section 23(1)(b) is amended by deleting "services for people
                      with disabilities;" and inserting instead --
                             "
15                                 disability services other than disability services
                                   provided by carers;
                                                                                        ".
           (2)        After section 23(1) the following subsection is inserted --
                 "
20                   (1a)   The Council is to undertake public consultation in
                            accordance with the procedure specified in the
                            regulations before it advises, or makes a
                            recommendation to, the Minister under
                            subsection (1)(a) or (b).
25                                                                                      ".
     13.              Section 24 amended
                      Section 24(1) is repealed and the following subsection is
                      inserted instead --
                 "
30                    (1)   The Commission may approve a grant of financial
                            assistance, from moneys standing to the credit of the
                            Account, to --
                              (a) a person with a disability;

                                                                                  page 7
     Disability Services Amendment Bill 2004



     s. 14



                     (b)   a carer;
                     (c)   a service provider; or
                     (d)   a service developer.
                                                                            ".

5    14.      Section 25 amended
              Section 25(4) is amended as follows:
                (a) by deleting "section 24(1)(b) or (c)" and inserting
                     instead --
                     " section 24(1)(c) or (d) ";
10             (b) by deleting the full stop at the end of the subsection and
                     inserting instead --
              "
                           ,
                   within 7 days of the recipient becoming aware of that
15                 occurrence.
                                                                            ".

     15.      Heading to Part 4A amended
              The heading to Part 4A is amended by deleting "services for
              people with disabilities" and inserting instead --

20            "   some disability services          ".

     16.      Section 26A amended
              Section 26A is amended by inserting after the definition of
              "commencement day" --
              "
25                 "disability service" does not include a disability
                       service provided by a carer;
                                                                            ".




     page 8
                                                  Disability Services Amendment Bill 2004



                                                                                          s. 17



     17.             Section 26B amended
                     Section 26B(1) is repealed and the following subsection is
                     inserted instead --
                 "
5                    (1)       If the Commission wishes to contract with a service
                               provider to provide disability services on behalf of the
                               Commission, the Commission is to apply to the
                               Minister for approval of the means of procuring the
                               services.
10                                                                                          ".

     18.             Section 26C amended
                     Section 26C(1) is amended as follows:
                         (a)    by inserting before "service" --
                                " disability ";
15                       (b)    by deleting "referred to in section 26B(1)".

     19.             Heading to Part 5 amended
                     The heading to Part 5 is amended by deleting "Disability service
                     plans" and inserting instead --

                     "     Disability access and inclusion plans                 ".

20   20.             Section 28 replaced and transitional provision
           (1)       Section 28 is repealed and the following section is inserted
                     instead --
     "
             28.               Disability access and inclusion plans
25                   (1)       Each public authority must have a disability access and
                               inclusion plan to ensure that in so far as its functions
                               involve dealings with the general public, the
                               performance of those functions furthers the principles
                               in Schedule 1 and meets the objectives in Schedule 2.


                                                                                      page 9
     Disability Services Amendment Bill 2004



     s. 20



               (2)   A disability access and inclusion plan must meet any
                     prescribed standards.
               (3)   A public authority must lodge its disability access and
                     inclusion plan with the Commission --
5                      (a) if the authority was established before the
                             commencement of the Disability Services
                             Amendment Act 2004, without delay;
                       (b) if the authority is established after the
                             commencement of the Disability Services
10                           Amendment Act 2004, within 12 months after
                             the day on which it is established.
               (4)   A public authority may amend its disability access and
                     inclusion plan at any time.
               (5)   A public authority may review its disability access and
15                   inclusion plan at any time.
               (6)   After reviewing its disability access and inclusion plan,
                     a public authority must lodge a report of the review
                     with the Commission in accordance with
                     subsection (7).
20             (7)   Not more than 5 years is to elapse --
                      (a) between the day on which a public authority
                           first lodges its disability access and inclusion
                           plan with the Commission and the day it lodges
                           a report of a review of the plan with the
25                         Commission; or
                      (b) between the lodgment of the report of one
                           review of a plan and the lodgment of the report
                           of another review of the plan.
               (8)   After reviewing its disability access and inclusion plan,
30                   a public authority may amend the plan or prepare a
                     new plan.



     page 10
                                                 Disability Services Amendment Bill 2004



                                                                                        s. 21



                      (9)     If at any time a public authority amends its disability
                              access and inclusion plan or prepares a new plan,
                              whether after a review or not, it must lodge the
                              amended or new plan with the Commission as soon as
5                             practicable after doing so.
                     (10)     A public authority must undertake public consultation
                              in accordance with the procedure specified in the
                              regulations when preparing, reviewing or amending a
                              disability access and inclusion plan.
10                                                                                        ".
           (2)        A public authority that had a disability service plan immediately
                      before commencement of this section is taken to have a
                      disability access and inclusion plan for the purposes of
                      section 28 of the Disability Services Act 1993 as inserted by this
15                    section.

     21.              Section 29 amended
           (1)        Section 29(1), (2) and (3) are amended by deleting "disability
                      service plan" and inserting instead --
                      "     disability access and inclusion plan   ".
20         (2)        After section 29(3) the following subsection is inserted --
                 "
                      (4)     The regulations may prescribe information that must be
                              included in a report under subsection (1), (2) or (3)
                              about the implementation of a disability access and
25                            inclusion plan.
                                                                                          ".




                                                                                 page 11
     Disability Services Amendment Bill 2004



     s. 22



     22.       Sections 29A to 29C inserted
               After section 29 the following sections are inserted in Part 5 --
     "
             29A.    Disability access and inclusion plans to be made
5                    available
                     A public authority that has a disability access and
                     inclusion plan must ensure that the plan is made
                     available to people with disabilities, and the public
                     generally, by publication in the prescribed manner.

10           29B.    Public authorities to ensure implementation of a
                     disability access and inclusion plan
                     A public authority that has a disability access and
                     inclusion plan must take all practicable measures to
                     ensure that the plan is implemented by the public
15                   authority and its officers, employees, agents or
                     contractors.

             29C.    Annual report by Commission about plans
               (1)   As soon as practicable after each 1 July the
                     Commission must give the Minister a report on the
20                   effectiveness of disability access and inclusion plans,
                     and the extent to which they have been complied with,
                     during the year that ended on the preceding 30 June.
               (2)   The Minister must cause the report received under
                     subsection (1) to be laid before each House of
25                   Parliament within 14 sitting days after the Minister
                     receives it.
                                                                               ".




     page 12
                                               Disability Services Amendment Bill 2004



                                                                                   s. 23



     23.     Heading to Part 6 amended
             The heading to Part 6 is amended by deleting "services provided
             to people with disabilities" and inserting instead --

             "     some disability services                 ".

5    24.     Section 30 amended
             Section 30 is amended in the definition of "disability service" as
             follows:
               (a) by deleting "means a service provided specifically to
                    people with disabilities" and inserting instead --
10                  " has the meaning given by section 3 ";
               (b) after paragraph (aa) by deleting "or";
               (c) after paragraph (aa) by inserting --
                         "
                             (ab)     such a service where it is provided by a
15                                    carer; or
                                                                                      ";
                  (d)    by inserting in the appropriate alphabetical position --
             "
                        "OHR" means the Office of Health Review
20                         established by section 6(1) of the Health Services
                           (Conciliation and Review) Act 1995;
                                                                                      ".

     25.     Section 30A inserted
             After section 30 the following section is inserted --
25   "
           30A.         Functions of Director
             (1)        The functions of the Director under this Part are --
                         (a)        to undertake the receipt, conciliation and
                                    investigation of complaints;


                                                                                 page 13
     Disability Services Amendment Bill 2004



     s. 25



                      (b)    to review and identify the causes of complaints,
                             and to suggest ways of removing and
                             minimising those causes and bringing them to
                             the notice of the public;
5                     (c)    to take steps to bring to the notice of people
                             with disabilities and service providers details of
                             procedures for making complaints under this
                             Act;
                      (d)    to assist service providers in developing and
10                           improving procedures for making complaints
                             and the training of staff in handling complaints;
                      (e)    with the approval of the Minister, to inquire
                             into broader issues of the care of people with
                             disabilities arising out of complaints received;
15                     (f)   subject to subsection (2), to cause information
                             about the work of the OHR to be published
                             from time to time; and
                      (g)    to provide advice generally on any matter
                             relating to complaints under this Act, and in
20                           particular --
                                (i) advice to people with disabilities on the
                                     making of complaints; and
                               (ii) advice to people with disabilities as to
                                     other avenues available for dealing with
25                                   complaints.
               (2)   The function of the Director under subsection (1)(f)
                     does not include the publication of information in a
                     form that --
                       (a) discloses the identity of a person with
30                          disabilities involved in a complaint; or




     page 14
                                              Disability Services Amendment Bill 2004



                                                                                     s. 26



                             (b)   might enable the identity of any such person to
                                   be ascertained,
                           but nothing in this subsection affects the operation of
                           section 42A.
5                                                                                      ".

     26.           Section 40 amended
           (1)     Section 40(2) is repealed.
           (2)     Section 40(4)(c) is amended by deleting "disability service
                   plan" and inserting instead --
10                 "     disability access and inclusion plan   ".

     27.           Section 42 replaced by sections 42 and 42A
                   Section 42 is repealed and the following sections are inserted
                   instead --
     "
15           42.           Director to decide, give reasons etc.
                   (1)     After an investigation the Director must decide whether
                           or not any unreasonable conduct referred to in
                           section 33(2) has occurred and must give written notice
                           of the decision to --
20                           (a) in the case of a complaint -- the complainant
                                   and the respondent;
                             (b) in the case of an investigation conducted under
                                   section 46 -- the Minister and any person
                                   affected by the decision; or
25                           (c) in the case of a matter referred under
                                   section 46A(1) -- the presiding officer of the
                                   House or committee and any person affected by
                                   the decision.




                                                                               page 15
     Disability Services Amendment Bill 2004



     s. 27



               (2)   The written notice must be provided --
                      (a) in a case referred to in subsection (1)(a)
                            or (b) -- within 14 days after the decision is
                            made; and
5                     (b) in a case referred to in subsection (1)(c) --
                            within any time limit set out in the referral of
                            the House or committee.
               (3)   The written notice must --
                      (a) include the reasons for the decision; and
10                    (b) if the Director has decided that unreasonable
                            conduct has occurred, set out any action that the
                            Director recommends ought to be taken to
                            remedy the matter by --
                               (i) the respondent; or
15                            (ii) any other person.
               (4)   The Director is not to include in a written notice given
                     under subsection (1)(c) any information that --
                       (a) discloses the identity of a person with a
                            disability; or
20                     (b) might enable the identity of any such person to
                            be ascertained,
                     unless that person has consented to the disclosure.

             42A.    Reports to Parliament
               (1)   The Director may at any time lay a report before each
25                   House of Parliament on any matter that the Director
                     considers necessary --
                       (a) arising from an individual complaint or an
                            investigation; or
                       (b) in relation to the performance of the Director's
30                          functions under this Act.



     page 16
                                         Disability Services Amendment Bill 2004



                                                                                s. 28



             (2)     Subsection (1) does not limit Part II Division 14 of the
                     Financial Administration and Audit Act 1985.
             (3)     The Director is not to include in any such report any
                     information that --
5                      (a) discloses the identity of a person with a
                            disability; or
                       (b) might enable the identity of any such person to
                            be ascertained,
                     unless that person has consented to the disclosure.
10                                                                                ".

     28.     Section 44 amended
             Section 44(3) is amended by deleting "table" and inserting
             instead --
             "     lay   ".

15   29.     Part 6 Division 4A inserted
             After section 44 the following Division is inserted --
     "
           Division 4A -- Director's relationship with the Minister
           44A.      Minister may give directions
20           (1)     The Minister may give directions in writing to the
                     Director with respect to the performance of the
                     functions of the Director under this Act, either
                     generally or in relation to a particular matter, and the
                     Director is to give effect to any such direction.
25           (2)     Without limiting section 46, the Minister cannot under
                     subsection (1) direct the Director with respect to the
                     performance of the Director's functions in respect
                     of --
                       (a) a particular person;


                                                                           page 17
     Disability Services Amendment Bill 2004



     s. 29



                      (b)   a particular complaint; or
                      (c)   a matter relating to a particular complaint.
               (3)   The Minister must cause the text of any direction given
                     under subsection (1) to be laid before each House of
5                    Parliament within 14 sitting days after the direction is
                     given.
               (4)   The text of a direction given under subsection (1) is to
                     be included in the annual report submitted by the
                     accountable authority in respect of the OHR under
10                   section 66 of the Financial Administration and Audit
                     Act 1985.

             44B.    Minister to have access to information
               (1)   The Minister is entitled --
                      (a) to have information in the possession of the
15                         Director; and
                      (b) where the information is in or on a document,
                           to have, and make and retain copies of, that
                           document.
               (2)   For the purposes of subsection (1) the Minister may --
20                    (a) request the Director to furnish information to
                             the Minister;
                      (b) request the Director to give the Minister access
                             to information; and
                      (c) for the purposes of paragraph (b) make use of
25                           the staff of the OHR to obtain the information
                             and furnish it to the Minister.
               (3)   The Director is to comply with a request under
                     subsection (2) and make staff and facilities available to
                     the Minister for the purposes of paragraph (c) of that
30                   subsection.



     page 18
                                          Disability Services Amendment Bill 2004



                                                                                s. 30



                 (4)   The Minister is not entitled to have information under
                       this section in a form that --
                         (a) discloses the identity of a person involved in a
                               complaint; or
5                        (b) might enable the identity of any such person to
                               be ascertained,
                       unless that person has consented to the disclosure.
                 (5)   In this section --
                       "document" includes any tape, disk or other device or
10                          medium on which information is recorded or
                            stored mechanically, photographically,
                            electronically or otherwise;
                       "information" means information specified, or of a
                            description specified, by the Minister that relates
15                          to the functions of the Director under this Act.
                                                                                   ".
     30.         Section 46 replaced
                 Section 46 is repealed and the following section is inserted
                 instead --
20   "
           46.         Minister may refer matters for investigation
                       Where the Minister is of the opinion that --
                        (a) circumstances exist in relation to a person with
                              a disability that would justify a complaint being
25                            made under this Part; or
                        (b) it is in the public interest on a matter of general
                              importance relating to disability services that an
                              investigation be carried out,
                       the Minister may direct the Director to conduct an
30                     investigation under Division 3 in accordance with such
                       terms of reference as the Minister may specify.
                                                                                   ".


                                                                             page 19
     Disability Services Amendment Bill 2004



     s. 31



     31.          Section 46A inserted
                  After section 46 the following section is inserted --
     "
             46A.       Investigation at the request of Parliament
5                 (1)   At any time --
                         (a) either House of Parliament; or
                         (b) any committee of either or both Houses,
                        may refer to the Director for investigation any matter
                        relating to the provision of disability services or a
10                      particular disability service that the House or
                        committee considers should be investigated by the
                        Director.
                  (2)   If a matter is referred to the Director, the Director must
                        investigate the matter immediately.
15                                                                                        ".

     32.          Schedule 1 replaced
                  Schedule 1 is repealed and the following Schedule is inserted
                  instead --
     "
20                 Schedule 1 -- Principles applicable to people
                                with disabilities
                                                                [s. 12, 23, 24, 28, 40, 57]
             1.         People with disabilities have the inherent right to respect for
                        their human worth and dignity.
25           2.         People with disabilities, whatever the origin, nature, type or
                        degree of disability, have the same basic human rights as
                        other members of society and should be enabled to exercise
                        those basic human rights.
             3.         People with disabilities have the same rights as other
30                      members of society to realise their individual capacities for


     page 20
                                Disability Services Amendment Bill 2004



                                                                            s. 32



           physical, social, emotional, intellectual and spiritual
           development.
     4.    People with disabilities have the same right as other
           members of society to services which will support their
5          attaining a reasonable quality of life in a way that also
           recognises the role and needs of their families and carers.
     5.    People with disabilities have the same right as other
           members of society to participate in, direct and implement
           the decisions which affect their lives.
10   6.    People with disabilities have the same right as other
           members of society to receive services in a manner that
           results in the least restriction of their rights and
           opportunities.
     7.    People with disabilities have the same right as other
15         members of society to pursue any grievance concerning
           services.
     8.    People with disabilities have the right to access the type of
           services and supports that they believe are most appropriate
           to meet their needs.
20   9.    People with disabilities who reside in rural and regional
           areas have a right, as far as is reasonable to expect, to have
           access to similar services provided to people with
           disabilities who reside in the metropolitan area.
     10.   People with disabilities have a right to an environment free
25         from neglect, abuse, intimidation and exploitation.
                                                                              ".




                                                                     page 21
     Disability Services Amendment Bill 2004



     s. 33



     33.          Schedule 2 replaced
                  Schedule 2 is repealed and the following Schedule is inserted
                  instead --
     "
5                       Schedule 2 -- Objectives for services
                                 and programmes
                                                                       [s. 12, 24, 28, 40]
             1.        Programmes and services are to focus on achieving positive
                       outcomes for people with disabilities, such as increased
10                     independence, employment opportunities and inclusion
                       within the community.
             2.        Programmes and services are to contribute to ensuring that
                       the conditions of the every day life of people with
                       disabilities are the same as, or as close as possible to, norms
15                     and patterns which are valued in the general community.
             3.        Programmes and services are to be integrated with services
                       generally available to members of the community.
             4.        Programmes and services are to be tailored to meet the
                       individual needs and goals of the people with disabilities
20                     receiving those programmes and services.
             5.        Programmes and services are to be designed and
                       administered so as to meet the needs of people with
                       disabilities who experience additional barriers as a result of
                       their age, gender, aboriginality, culturally or linguistically
25                     diverse backgrounds or geographic location.
             6.        Programmes and services are to be designed and
                       administered so as to promote recognition of the
                       competence of, and enhance the community perception of,
                       people with disabilities.
30           7.        Programmes and services are to be designed and
                       administered so as to promote the participation of people
                       with disabilities in the life of the local community through
                       maximum physical, social, economic, emotional, intellectual
                       and spiritual inclusion in that community.


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                                Disability Services Amendment Bill 2004



                                                                           s. 33



     8.    Programmes and services are to be designed and
           administered so as to ensure that no single organisation shall
           exercise control over all or most aspects of an individual's
           life.
5    9.    Service provider organisations, whether disability specific
           or generic, shall be accountable to those people with
           disabilities who use their services, the advocates of such
           people, the State and the community generally for the
           provision of information from which the quality of their
10         services can be judged.
     10.   Programmes and services are to be designed and
           administered so as to provide opportunities for people with
           disabilities to reach goals and enjoy lifestyles which are
           valued by the community.
15   11.   Programmes and services are to be designed and
           administered so as to ensure that people with disabilities
           have access to advocacy support where necessary to ensure
           adequate participation in decision making about the services
           they receive or are seeking.
20   12.   Programmes and services are to be designed and
           administered so as to ensure that appropriate avenues exist
           for people with disabilities to raise, and have resolved, any
           grievances about services.
     13.   Programmes and services are to be designed and
25         implemented as part of local coordinated service systems
           and integrated with services generally available to members
           of the community. Public sector agencies are to develop,
           plan and deliver disability programmes and services in a
           coordinated and pro-active way.
30   14.   Programmes and services are to be designed and
           administered so as to respect the rights of people with
           disabilities to privacy and confidentiality.
     15.   Programmes and services are to have regard for the benefits
           of activities that prevent the occurrence or worsening of
35         disabilities and are to plan for the needs of such activities.




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     Disability Services Amendment Bill 2004



     s. 34



             16.         Programmes and services are to be designed and
                         implemented to --
                           (a)   consider the implications for the families and carers
                                 of people with disabilities;
5                          (b)   recognise the demands on the families of people
                                 with disabilities; and
                           (c)   take into account the implications for, and demands
                                 on, the families and carers of people with
                                 disabilities.
10           17.         Programmes and services are to be designed and
                         administered so as to --
                           (a)   provide people with disabilities with, and encourage
                                 them to make use of, ways of participating
                                 continually in the planning, operation and
15                               evaluation of services they receive; and
                           (b)   provide for people with disabilities to be consulted
                                 about the development of major policy, programme
                                 or operational changes.
                                                                                         ".

20   34.           Schedule 5 amended
           (1)     Schedule 5 is amended by deleting the headings to the Schedule
                   and inserting instead --
     "
                       Schedule 5 -- Provisions applicable to the
25                     Ministerial Advisory Council on Disability
                                                                                         ".
           (2)     Schedule 5 clause 1(b) is amended by deleting "terms;" and
                   inserting instead --
                   "   terms unless subclause (1a) applies;   ".




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                                                Disability Services Amendment Bill 2004



                                                                                        s. 35



           (3)       After Schedule 5 clause 1(1) the following subclause is
                     inserted --
                 "
                     (1a)   Despite subclause (1)(b), a member of the Council may be
5                           reappointed for a third consecutive term if the Minister
                            wishes to appoint that member to be the chairperson under
                            clause 2(1).
                                                                                          ".

     35.             Consequential amendment to the Constitution Acts
10                   Amendment Act 1899
           (1)       The amendment in this section is to the Constitution Acts
                     Amendment Act 1899*.
                     [* Reprint 12 as at 3 October 2003.]
                        For subsequent amendments see Western Australian
15                      Legislation Information Tables for 2003, Table 1, p. 77 and
                        Act No. 35 of 2003.]


           (2)       Schedule V Part 3 is amended by deleting "The Ministerial
                     Advisory Council for Disability Services established under the
20                   Disability Services Act 1993." and inserting instead --
     "
             The Ministerial Advisory Council on Disability established under the
                    Disability Services Act 1993.
                                                                                          ".

25   36.             Consequential amendment to the Health Services
                     (Conciliation and Review) Act 1995
           (1)       The amendment in this section is to the Health Services
                     (Conciliation and Review) Act 1995*.
                     [* Reprinted as at 1 June 2001.
30                      For subsequent amendments see Western Australian
                        Legislation Information Tables for 2003, Table 1, p. 173.]


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    Disability Services Amendment Bill 2004



    s. 36



       (2)       After section 11(3) the following subsection is inserted --
             "
                 (4)   In subsection (1) --
                       "functions of the Director" does not include the
5                           functions of the Director under the Disability
                            Services Act 1993.
                                                                              ".




 


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