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Legislative Assembly for the ACT: 1998 Week 11 Hansard (9 December) . . Page.. 3386 ..


MR STANHOPE (continuing):

Consequently, it comes as no surprise to hear that one of the main issues taking up People First's time is the recent decision taken by the Commonwealth, States and Territories to drop any reference to the relevant Commonwealth and State disability services Acts following the signing of the second Commonwealth-Territory Disability Agreement. As People First noted in their annual report, and this was an issue of some discussion at the annual general meeting, there appears to be more concern about the amount of dollars being on offer than the protection of the rights of people who have a disability.

Mr Temporary Deputy Speaker, the removal of this provision from the new agreement effectively means two things. First, there is now no contractual obligation for States and Territories to retain their disability services Acts. Moreover, the removal of this provision throws doubt upon our commitment to the protection of the rights of the disabled. The ACT Government is now under no obligation to adhere to the ACT Disability Services Act when entering into contracts with service providers. While the agreement maintains a reference to the national standards, the fact that reference to the Act has been dropped means State and Territory disability services Acts have been significantly diluted.

Advocacy groups are now raising concerns that, as a result, governments may attempt to amend or even repeal their individual Acts. But the biggest concern is that the rights of the disabled will be seriously undermined. If service providers and governments are not under any obligation to adhere to the Disability Services Act, it will be only a matter of time before conditions for the disabled deteriorate further.

A couple of specific issues which were raised at the annual general meeting of People First relate to court actions that People First have been involved in. I might read a couple of very interesting points in the chairman's report. At the annual general meeting the chairman of People First quoted from his report:

One of the main challenges for disability advocacy has been the lack of a level playing field. People who have a disability, especially an intellectual disability, are one of the most powerless groups within our community. Yet legislation such as the Commonwealth and ACT Disability Discrimination Acts and the Commonwealth and ACT Disability Services Act, which were introduced to protect their rights as human beings and as service users have increasingly become less effective.

At the annual general meeting much note was made of the fact that the Human Rights and Equal Opportunity Commission, one of the major watchdogs in Australia protecting the rights of disabled and disadvantaged people, has had its resources decimated in the period of the Federal Liberal Government. I think it has lost between 30 and 50 per cent of its resources and staffing, as well as a dedicated disability discrimination commissioner. The impacts on the Human Rights Commission are more than just practical ones. The symbolic impact of the dissolution of that office, I think, is a significant blow to the aspirations of disabled people in Australia.


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