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People with a disability in NSW
A national survey on disability in 2003 found that there were 1,190,500 people
in NSW with a reported disability, which equated to almost 18 per cent of the
NSW population. This included 366,000 people who had a severe or profound
limitation in one of the core activities of self-care, mobility and
communication. Of those people who had a severe or profound limitation in one
of the core activities, over fifty per cent (184,900) were under the age of 65
and 17 per cent (60,600) were under the age of 25.
Major developments in disability policy since 1981
Since the International Year of Disabled Persons in 1981, the Federal and NSW
Governments have shown much greater concern for the welfare, rights and
inclusion of people with disabilities and have initiated major policy
developments including:
· Deinstitutionalisation
· Installation of a disability service system based on rights and outcomes
· Shift towards employment in the open labour market
· The enactment of anti-discrimination laws
· Policies and measures to facilitate access to mainstream government
services
· Rationalisation of Federal/State responsibilities for disability services.
Federal/State responsibilities for specialist disability support
The Federal Government provides specialist income support to people with
disabilities. The Federal and State Governments share responsibility for the
funding and provision of specialist disability services, as outlined in the
Commonwealth, State/Territory Disability Agreement (CSTDA). Under the CSTDA,
the Federal Government is responsible for employment services and State
Governments are responsible for accommodation services, respite care services,
and community access and support services. In 2004/05, total CSTDA funding was
$3.6 billion, of which the State/Territory Governments contributed 73 per cent
and the Federal Government contributed 27 per cent. Under the Home and
Community Care (HACC) Agreement, the Federal and State Governments also share
responsibility for funding a range of home and community care services.
Despite the two agreements, problems arising from Federal/State
responsibilities remain.
Regulation of disability support services
The Disability Services Act 1986 (Cth) regulates Federal Government
funding of States and eligible organisations in relation to the provision of
disability employment services and other eligible services. It also regulates
Federal Government provision of rehabilitation programs. The Disability
Services Act 1993 (NSW), which was modelled on the Federal Act, regulates
NSW Government provision of disability services and funding of eligible
organisations to provide disability services. Under the NSW Act funding is
conditional on services complying with the objects of the Act and the
principles and applications set out in the Act. The NSW Department of Ageing,
Disability and Home Care (DADHC) has adopted 10 Disability Services Standards
to assist service providers to meet these objects, principles and applications
of principles. DADHC monitors services through annual reporting requirements
and on-site assessments of services. The Community Services (Complaints,
Appeals and Monitoring) Act 1993 (NSW) confers on the NSW Ombudsman general
functions in relation to monitoring and review of disability services and it
allows complaints regarding disability services to be made to the Ombudsman.
Official Visitors appointed under the Act can also inspect disability
accommodation services.
Federal Government disability support
The Federal Government provides disability income support and it provides, and
funds organisations to provide, disability employment services.
Income support: The main form of Federal Government specialist income
support for people with disabilities is the Disability Support Pension (DSP).
It has been paid to people aged between 16 and 64 who, because of illness,
injury or disability have been unable to work, or to be retrained to work, at
least 30 hours per week in open employment within 2 years. As a result of the
controversial welfare-to-work changes, which came into effect on 1 July 2006,
the 30-hour per week threshold has been lowered to 15 hours per week.
Employment support: The Federal Government funds and provides open
employment services, which assist people with a disability to obtain employment
in the open labour market. These services include the Disability Employment
Network and Vocational Rehabilitation Services. The Federal Government also
provides financial incentives for employment in the open labour market,
including the wage subsidy scheme, the supported wage system and the workplace
modifications scheme. In addition to measures directed at employment in the
open labour market, the Federal Government funds a network of Business Services
outlets that provide supported employment services.
NSW Government disability support services
The NSW Government provides, and funds organisations to provide, accommodation
services, respite care services and community access and support services.
Accommodation: In-home accommodation support for people with a
disability is mainly provided under the HACC program, and the Attendant Care
Program. Historically, out-of-home accommodation support was provided in large
residential centres. However, since the early 1980s there has been a movement
towards housing people with disabilities in community-based group homes. In
1998, the NSW Government announced that it would close all large residential
centres by 2010. This process commenced in 2000 and since then 11 large
residential centres have closed. In 2005/06, over 3,000 people were living in
group homes and over 1,700 were living in large and small residential centres
and hostels.
Respite: Respite programs provide planned short term and time limited
breaks for families and other unpaid carers of children with a developmental
delay and adults with an intellectual disability in order to support the
primary care-giving relationship. In 2005/06, over 5,000 people with
disabilities received CSTDA funded respite care.
Community access and support: Community access and support encompass a
range of programs aimed at supporting families as they raise a child or young
person with a disability; and, for adults, at bridging the gap between school
and vocational choices, promoting independence and community connection. These
services include early childhood education services, community support teams
(which provide a range of support services including therapy and case
management), behaviour intervention services, local support coordinators, day
programs, and post school programs. In 2004/05, over 41,000 people received
community access and support services.
In May 2006, the NSW Government launched its new 10-year disability strategy,
Stronger Together, which involves an investment of over $1.3 billion in
the first five years. This includes over $80 million towards strengthening
families, over $1billion on promoting community inclusion and over $240 million
on improving the system’s capacity and accountability. The strategy aims
to create fair and more transparent access, help people remain in their own
homes, link services to need, provide more options for people living in
specialist support services and create a sustainable support system.
Unmet demand for disability support services
A number of reports have outlined significant unmet demand for disability
services nationally. In NSW, reports and articles have documented unmet demand
for HACC services, accommodation services, respite care services, and for aids
and equipment.
Young people with disabilities in nursing homes
The number of young people with disabilities living in residential aged care
services has grown over the last decade and in recent years this issue has
become a matter of substantial public concern. There are an estimated 1,350
people with disabilities under the age of 60 living in nursing homes in NSW. At
the Council of Australian Governments meeting on 10 February 2006, the Federal
and State Governments agreed on a five-year program, commencing in July 2006,
to start to reduce the number of young people living in nursing homes:
initially targeted at people under the age of 50. In NSW, the plan is expected
to assist up to 300 people with disabilities over the next five years.
Disability discrimination laws
Both NSW and Federal anti-discrimination laws make it unlawful to discriminate
against a person on the ground of disability in a number of areas of public
life. The NSW laws make discrimination unlawful in relation to employment,
public education, provision of goods and services, accommodation and registered
clubs. The laws implicitly recognise that the failure to make adjustments to
accommodate the needs of people with disabilities may constitute
discrimination. However, the laws do not require persons or organisations to
make adjustments that would cause them ‘unjustifiable hardship’.
Federal laws have allowed for the making of Disability Standards to provide
more certain benchmarks for accessibility and equality than is provided for in
the Act. Progress in formulating such standards has been slow and, to date,
standards have only been made in relation to accessible public transport (2002)
and education (2005).
Policy to promote access to mainstream services
Federal policy: In 1994, the Federal Government launched the
Commonwealth Disability Strategy, which provided a 10 year framework for
Federal government organisations to identify and remove barriers in program
development and delivery; and to develop plans and actions to ensure planning
and service provision takes into account the needs of people with disabilities.
Following a mid-term evaluation in 1999 a significantly revised strategy was
launched in October 2000. A subsequent review of the strategy in 2006 found
that it had resulted in “a range of positive outcomes over the past five
years” but “people with disabilities had not universally or
uniformly enjoyed these benefits in all areas or from all areas of
government”. The report proposed future directions in a number of areas.
NSW policy: Section 9 of the Disability Services Act 1993 (NSW)
requires all NSW Government departments and other public authorities to
prepare, and provide for the implementation of, an Action Plan to
encourage the provision of services by that authority in a manner that furthers
the principles and applications of principles in the Act. Government agencies
are required to work within the NSW Disability Policy Framework (1998) when
developing their Action Plans. The policy framework also contains reporting
requirements, including a requirement for NSW government service providers to
submit an Action Plan to DADHC every three years; and to include in each annual
report a summary of progress against performance measures detailed in the
Action Plan.
Convention on Rights of Persons with Disabilities
On 13 December 2006, the United Nations adopted the Convention on the Rights of
Persons with Disabilities. The Convention will be open for signature and
ratification by States as of 30 March 2007. The Convention restates and
elaborates on a number of rights contained in existing human rights treaties.
Civil and political rights outlined in the Convention include the rights to be
free from discrimination, equal recognition before the law, freedom to choose
one’s own residence, and respect for privacy. Economic, social and
cultural rights include the rights to education, work, just and favourable
conditions of work, the highest attainable standard of health, and an adequate
standard of living. The Convention requires all States that ratify the
Convention to adopt all appropriate legislative, administrative and other
measures to implement the Convention rights. It also requires these States to
submit periodic reports to a UN Committee that will monitor the implementation
of the Convention. If, as expected, the Australia Government ratifies the
Convention it will have an obligation under international law to implement the
Convention. However, ratification will not, of itself, confer any new rights
under domestic law.