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Legislative Assembly for the ACT: 2000 Week 10 Hansard (18 October) . . Page.. 3188 ..


Motion

MR RUGENDYKE (12.14): I move:

That this Assembly:

(1) calls on the Government to appoint a Board of Inquiry, pursuant to the Inquiries Act 1991 (the Act), within 21 days, to inquire, in a manner which recognises the limited capacity of some persons to participate and protects individual interests, into the services for people with disability in residential care in the ACT and in particular to examine:

(a) Service Quality, particularly the safety, dignity, well being and development opportunities for people who reside in disability services provided or funded by the ACT Government (directly or indirectly) including, but not limited to:

(i) the degree of compliance with legislative requirements and disability standards; and

(ii) the degree of participation by residents, families, carers, advocates and guardians in decisions affecting them or the persons for whom they care;

(iii) the adequacy and effectiveness of staff selection and training;

(b) Service Monitoring and Accountability, particularly the adequacy and effectiveness of mechanisms employed by the ACT Government to ensure the quality of services, compliance with legislation and the disability standards and their efficient and the effective use of government funds;

(c) Consumer Protection, Complaints and Appeals, particularly the adequacy and effectiveness of consumer and appeals mechanisms external to individual services, including the Community and Health Services Complaints Commissioner, the Community Advocate and the Human Rights Office of the ACT;

(d) Resource Allocation, in particular the adequacy, equity and efficiency of disability services funding allocation generally and, in particular:

(i) between government and non-government service providers;

(ii) between program administration costs and direct services; and

(iii) between permanent accommodation, respite and other disability services;

(2) recommends that the Government, in accordance with section 5 of the Act, appoint Professor Roger West to conduct the inquiry;

(3) recommends that the Government, in consultation with the Board of Inquiry, ensure that the Board of Inquiry be provided with the necessary staff and resources to effectively perform its functions;

(4) recommends that the Government fix 31 May 2001 as the date for submission of the report to the Chief Minister in accordance with section 14 of the Act.

This is the motion I said I would bring back to the Assembly in due course to replace the initial motion I presented to the Assembly. Mr Speaker, my commitment to this inquiry is as strong as it was then. The motion has been discussed widely within the sector and with members of the legal profession. I thank Ms Tucker and Mr Wood for their assistance in the generation of this motion as it stands today. I think it is a very good motion. It looks at all the issues that need to be looked at in an inquiry.

I believe it is important to note paragraph (2), where we suggest an appropriate person to conduct the inquiry, Professor Roger West, a man of great esteem in the legal profession and in this area. I think it is important to note the seriousness with which we take this motion and go ahead with what we believe is a very serious need for an investigation into disability services. I commend the motion to the Assembly.


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