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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Disability Services (Rights, Protection and Inclusion)
Amendment Bill 2013
A BILL FOR
An Act to amend the Disability
Services Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Disability
Services Act 1993
4Substitution of section
2
2Objects of
Act
5Amendment of section
3—Interpretation
6Insertion of sections 3A and
3B
3ASafeguarding
policies
3BComplaints
policies
7Amendment of section 5—Obligations on
funded service providers and researchers
8Insertion of section
5A
5AVictimisation
9Amendment of section
7—Review of funded services or activities
10Amendment of section
10—Regulations
11Repeal of section 11
12Amendment of Schedule
1—Principles
13Amendment of Schedule
2—Objectives
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Disability Services (Rights, Protection and
Inclusion) Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Disability Services
Act 1993
Section 2—delete the section and substitute:
2—Objects of Act
The objects of this Act are—
(a) to acknowledge and support the rights of people living with
disabilities to exercise choice and control in relation to decision-making;
and
(b) to ensure that disability services provided by the government or
funded under this Act are of the highest standard and are provided in a manner
that is safe, accountable and responsive to the needs of people living with
disabilities, their families and carers; and
(c) to promote the protection of people living with disabilities from
abuse, neglect and exploitation; and
(d) to set out principles that are to be applied with respect to people
living with disabilities; and
(e) to set out objectives for providers of disability services and for
researchers; and
(f) to provide for the funding of disability services and research or
development activities; and
(g) to ensure that disability services and research or development
activities funded under this Act are provided or carried out in a manner that
applies those principles and meets those objectives.
5—Amendment
of section 3—Interpretation
Section 3—after the definition of disability services
insert:
prescribed disability service provider means a provider of
disability services that—
(a) is a government department, agency or instrumentality; or
(b) is funded under this Act;
6—Insertion
of sections 3A and 3B
After section 3 insert:
3A—Safeguarding policies
(1) A prescribed disability service provider must have in place
appropriate policies and procedures for ensuring the safety and welfare of
persons using the service.
Note—
The nature of these policies and procedures will depend on the nature of
the service provided but may include, for example, policies and procedures
addressing:
• management of care concerns
• restrictive practices
• supported decision-making and consent
• disclosure of abuse or neglect
• reporting of critical incidents
(2) A prescribed disability service provider must ensure that the policies
and procedures required under this section are reviewed on at least an annual
basis.
3B—Complaints policies
A prescribed disability service provider must—
(a) have in place appropriate policies and procedures for dealing with
complaints and grievances; and
(b) ensure that those policies and procedures refer persons to whom
services are provided to relevant statutory complaint or dispute resolution
bodies (where appropriate); and
(c) ensure that information about those policies and procedures is readily
accessible by persons to whom services are provided.
7—Amendment
of section 5—Obligations on funded service providers and
researchers
Section 5(2)—delete "subsection (1)" and
substitute:
sections 3A and 3B and subsection (1) of this
section
After section 5 insert:
5A—Victimisation
(1) A provider of disability services funded under this Act commits an act
of victimisation against another person (the victim) if he or she
causes detriment to the victim on the ground, or substantially on the ground,
that the victim, or a person acting on the victim's behalf—
(a) has disclosed or intends to disclose information; or
(b) has made or intends to make an allegation,
that has given rise, or could give rise, to legal proceedings against the
provider of disability services or that may disclose a breach of an agreement
entered into under section 5.
(2) An act of victimisation under this section may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal
Opportunity Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984, and conversely, if the victim lodges a
complaint under that Act, he or she cannot subsequently commence proceedings in
a court seeking a remedy in tort.
(3) Where a complaint alleging an act of victimisation under this section
has been lodged with the Commissioner for Equal Opportunity and the Commissioner
is of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) discrimination, disadvantage or adverse treatment in relation to the
provision of disability services to the victim; or
(e) threats of reprisal.
9—Amendment
of section 7—Review of funded services or activities
Section 7—after its present contents (now to be designated as
subsection (1)) insert:
(2) The Governor may make regulations requiring providers of disability
services or researchers funded under this Act to provide specified information,
or information of a specified class, to the Minister for the purpose of
assessing the outcomes of funding provided under this Act.
10—Amendment
of section 10—Regulations
Section 10—after its present contents (now to be designated as
subsection (1)) insert:
(2) Without limiting the generality of subsection (1), those
regulations may—
(a) make provision for fines, not exceeding $10 000, for
offences against the regulations; and
(b) prescribe expiation fees (not exceeding $315) for alleged
offences against the regulations.
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors; and
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister, a
specified person or the holder of a specified office.
Section 11—delete the section
12—Amendment
of Schedule 1—Principles
Schedule 1—after clause 4 insert:
5. The United Nations Convention on the Rights of Persons with
Disabilities adopted at New York, United States of America, on
13 December 2006, is recognised as a set of best practice principles
that should guide policy development, funding decisions and the administration
and provision of disability services.
13—Amendment
of Schedule 2—Objectives
(1) Schedule 2, clause 1(h)—delete
paragraph (h)
(2) Schedule 2—after clause 3 insert:
4. Disability services are to be provided in compliance with all
relevant State and Commonwealth laws.