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


DISABILITY SERVICES AMENDMENT BILL 2012

                    Western Australia


Disability Services Amendment Bill 2012

                       CONTENTS


1.    Short title                                           2
2.    Commencement                                          2
3.    Act amended                                           2
4.    Section 3 amended                                     2
5.    Section 7 amended                                     2
6.    Section 12 amended                                    3
7.    Section 22 amended                                    3
8.    Section 23 amended                                    4
9.    Section 25 amended                                    4
10.   Section 29A amended                                   5
11.   Section 30A amended                                   5
12.   Section 32 amended                                    5
13.   Section 33 amended                                    5
14.   Section 38 amended                                    6
15.   Section 39 amended                                    6
16.   Section 40 amended                                    6
17.   Section 43A inserted                                  7
      43A.     Warrants                                7
18.   Section 42A (second occurrence) renumbered and
      amended                                               7
19.   Section 46A amended                                   8
20.   Section 48A inserted                                  8
      48A.     Prescribed service provider must give
               certain information                     8
21.   Section 57 amended                                    9
22.   Schedules 1 and 2 replaced                            9
      Schedule 1 -- Principles applicable to people
           with disability

      Schedule 2 -- Objectives for services
           and programmes



                          302--1                            page i
Disability Services Amendment Bill 2012



Contents



      23.     Schedule 5 amended                           13
      24.     Various references to "disability" amended   13




page ii
                           Western Australia


                      LEGISLATIVE COUNCIL



     Disability Services Amendment Bill 2012


                               A Bill for


An Act to amend the Disability Services Act 1993.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Disability Services Amendment Bill 2012



     s. 1




1    1.         Short title
2               This is the Disability Services Amendment Act 2012.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation,
8                      and different days may be fixed for different provisions.

9    3.         Act amended
10              This Act amends the Disability Services Act 1993.

11   4.         Section 3 amended
12              In section 3 insert in alphabetical order:
13

14                     Disability Services Standards are those standards
15                     prescribed in accordance with section 12(1)(i);
16


17   5.         Section 7 amended
18        (1)   In section 7(2):
19                (a) in paragraph (b)(iii) delete "in caring for" and insert:
20

21                      as a carer of
22

23               (b)    in paragraph (d) delete "is to have a relative" and insert:
24

25                      has recent experience as a carer of a person
26




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                                          Disability Services Amendment Bill 2012



                                                                                 s. 6



1         (2)   In section 7(2):
2                 (a) after each of paragraphs (a) to (c) insert:
3

4                       and
5

6                (b)    after each of paragraph (b)(i) and (ii) insert:
7

8                       or
9

10   6.         Section 12 amended
11        (1)   Delete section 12(1)(i) and insert:
12

13                      (i)   to adopt Disability Services Standards as
14                            prescribed, and with such modification as is
15                            prescribed, and ensure that those standards are
16                            met by service providers; and
17

18        (2)   In section 12(1) after each of paragraphs (a) to (h) and (j) insert:
19

20              and
21

22   7.         Section 22 amended
23        (1)   After section 22(4)(b) insert:
24

25                     (ca)   at least 2 of them have had recent experience as
26                            a carer of a person with disability; and
27

28        (2)   After section 22(4)(a) insert:
29

30              and
31


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     Disability Services Amendment Bill 2012



     s. 8



1    8.         Section 23 amended
2         (1)   In section 23(1)(b) delete "standards" and insert:
3

4               quality
5

6         (2)   In section 23(1a) delete "undertake public consultation in
7               accordance with the procedure specified in the regulations" and
8               insert:
9

10              ensure that the interests of the public generally, and the interests
11              of affected stakeholders in particular, are considered
12


13   9.         Section 25 amended
14              In section 25(5):
15                (a) delete "a disability" and insert:
16

17                        disability
18

19               (b)      in paragraph (a) delete "a disability" (first occurrence)
20                        and insert:
21

22                        disability
23

24                (c)     in paragraph (b) delete "a disability" and insert:
25

26                        disability
27




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                                             Disability Services Amendment Bill 2012



                                                                                 s. 10



1    10.          Section 29A amended
2                 In section 29A delete "disabilities," and insert:
3

4                 disability,
5


6    11.          Section 30A amended
7                 In section 30A(2) delete "42A." and insert:
8

9                 43B.
10

11   12.          Section 32 amended
12         (1)    After section 32(1) insert:
13

14               (2A)    A complaint may be made to the Director under this
15                       section by a professional registration Board where that
16                       Board becomes aware of one or more of the matters set
17                       out in section 33(2) in relation to a member of its
18                       profession.
19

20         (2)    In section 32(3) delete "to a" and insert:
21

22                to, or is in a de facto relationship with, a
23

24   13.          Section 33 amended
25                After section 33(2)(f) insert:
26

27                       (ga)   failed to comply with the Disability Services
28                              Standards, or failed to ensure that those
29                              standards were met by service providers; or
30


                                                                                page 5
     Disability Services Amendment Bill 2012



     s. 14



1    14.         Section 38 amended
2                After section 38(4) insert:
3

4                (5)    If a complaint raises issues that in the opinion of the
5                       Director would be better dealt with by a professional
6                       registration Board, the Director may, with the written
7                       consent of the complainant, refer the complaint to the
8                       appropriate Board to be dealt with by that Board's
9                       disciplinary powers.
10


11   15.         Section 39 amended
12               In section 39(6) delete "must investigate the complaint, unless
13               of the opinion that an investigation is not warranted due to" and
14               insert:
15

16               may investigate the complaint, if of the opinion that an
17               investigation is warranted, taking into account
18


19   16.         Section 40 amended
20         (1)   In section 40(4):
21                 (a) delete "to --" and insert:
22

23                       to the following --
24

25                (b)    in paragraph (d) delete "standard" and insert:
26

27                       quality
28




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                                              Disability Services Amendment Bill 2012



                                                                                    s. 17



1                   (c)    delete paragraph (e) and insert:
2

3                           (e)   the Disability Services Standards;
4

5          (2)   After section 40(6) insert:
6

7                (7)      If the conciliation process is successful in the
8                         settlement of a complaint between the complainant and
9                         the respondent, the conciliator must make a final report
10                        to the Director on the result of that process.
11               (8)      A report made under subsection (7) is to include details
12                        of any agreement reached.
13


14   17.         Section 43A inserted
15               After section 42 insert:
16


17           43A.         Warrants
18               (1)      If the Director considers it necessary or appropriate for
19                        a particular investigation under this Act, the Director
20                        may apply for a warrant under the Health and
21                        Disability Services (Complaints) Act 1995 section 63 to
22                        further that investigation.
23               (2)      If a warrant is issued as a result of that application, the
24                        Director may act upon the warrant issued under that
25                        Act in accordance with, and subject to the provisions
26                        of, Part 4 of that Act.
27


28   18.         Section 42A (second occurrence) renumbered and amended
29         (1)   Renumber section 42A (inserted by Act No. 57 of 2004
30               section 27) as section 43B.


                                                                                  page 7
     Disability Services Amendment Bill 2012



     s. 19



1          (2)   In section 43B(3)(a) delete "a disability; or" and insert:
2

3                disability; or
4


5    19.         Section 46A amended
6                In section 46A(2) delete "immediately." and insert:
7

8                and report the result of the investigation to the presiding officer
9                of the House or committee within any time limit set out in the
10               referral.
11


12   20.         Section 48A inserted
13               After section 47 insert:
14


15           48A.      Prescribed service provider must give certain
16                     information
17               (1)   Within the prescribed time after 30 June in each year a
18                     prescribed service provider or a service provider that
19                     belongs to a prescribed class of service providers must
20                     give to the Director a return concerning complaints
21                     received and action taken by the service provider
22                     during the year that ended on that 30 June.
23                     Penalty: a fine of $1 000.
24               (2)   The return is to be in the prescribed form or the form
25                     prescribed for the class of service providers, as the case
26                     may require.
27




     page 8
                                             Disability Services Amendment Bill 2012



                                                                                     s. 21



1    21.          Section 57 amended
2          (1)    Delete section 57(2) and insert:
3

4                 (2)   The review is to consider whether the policy objectives
5                       of the Act remain valid and whether the provisions of
6                       the Act are still appropriate for securing those
7                       objectives.
8

9          (2)    Delete section 57(3) and (4).

10   22.          Schedules 1 and 2 replaced
11                Delete Schedules 1 and 2 and insert:
12


13                 Schedule 1 -- Principles applicable to people
14                               with disability
15                                                       [s. 12, 23, 24, 28, 40 and 57]
16           1.         People with disability are individuals who have the inherent
17                      right to respect for their human worth and dignity without
18                      discrimination and with equality of opportunity.
19           2.         People with disability, whatever the origin, nature, type or
20                      degree of disability, have the same human rights as other
21                      members of society and should be enabled to exercise those
22                      human rights.
23           3.         People with disability have the same rights as other
24                      members of society to realise their individual capacities for
25                      physical, social, emotional, intellectual, cultural and
26                      spiritual development.
27           4.         People with disability have the same right as other members
28                      of society to access services that will support their choices,
29                      assist them to be as independent as possible and enable them
30                      to participate in all aspects of life.




                                                                                   page 9
     Disability Services Amendment Bill 2012



     s. 22



1            5.    People with disability have the same right as other members
2                  of society to participate in, direct and implement the
3                  decisions that affect their lives.
4            6.    People with disability have the same right as other members
5                  of society to receive services in a manner that respects and
6                  protects their rights and opportunities and is the least
7                  restrictive option in the circumstances.
8            7.    People with disability have the right to pursue any grievance
9                  concerning services.
10           8.    People with disability have the right to access the type of
11                 services and supports that they believe are most appropriate
12                 to meet their needs.
13           9.    People with disability who reside in country areas have a
14                 right, as far as is reasonable to expect, to have access to
15                 similar services provided to people with disability who
16                 reside in the metropolitan area.
17           10.   People with disability have a right to an environment free
18                 from neglect, abuse, violence, intimidation and exploitation.

19                  Schedule 2 -- Objectives for services
20                           and programmes
21                                                          [s. 12, 24, 28 and 40]
22           1.    Programmes and services are to focus on achieving positive
23                 outcomes for people with disability, such as increased
24                 independence, employment opportunities and inclusion and
25                 participation within the community.
26           2.    Programmes and services are to contribute to ensuring that
27                 the conditions of the every day life of people with disability
28                 are the same as norms and patterns which are valued in the
29                 general community.
30           3.    Programmes and services are to be integrated with services
31                 generally available to members of the community.
32           4.    Programmes and services are to be flexible and responsive
33                 to the individual choices and needs of people with disability,
34                 their families, carers and significant others.


     page 10
                                Disability Services Amendment Bill 2012



                                                                           s. 22



1    5.    Programmes and services are to be designed and
2          administered so as to be sensitive and responsive to the
3          individual and diverse needs of all people with disability
4          taking into account their age, gender, religion,
5          Aboriginality, cultural or linguistically diverse backgrounds
6          or geographic location.
7    6.    Programmes and services are to be designed and
8          administered to promote awareness of the abilities and
9          contributions of people with disability and foster respect for
10         their rights and dignity.
11   7.    Programmes and services are to be designed and
12         administered so as to promote the participation of people
13         with disability in the life of the local community through
14         physical, social, economic, emotional, intellectual, cultural
15         and spiritual inclusion in that community.
16   8.    Programmes and services are to be designed and
17         administered so as to ensure that no single organisation shall
18         exercise control over all or most aspects of an individual's
19         life.
20   9.    Service provider organisations, whether disability specific
21         or generic, shall be accountable to those people with
22         disability who use their services, their families and carers,
23         their advocates, the State and the community generally for
24         the provision of information from which the quality of their
25         services can be judged.
26   10.   Programmes and services are to be designed and
27         administered so as to provide opportunities for people with
28         disability to reach goals and enjoy lifestyles that support
29         their choices and are valued by the community.
30   11.   Programmes and services are to be designed and
31         administered so as to ensure that people with disability have
32         access to advocacy support, to enable them to make choices
33         and participate in decisions about the services they receive
34         or are seeking.
35   12.   Programmes and services are to be designed and
36         administered so as to ensure that avenues exist for people



                                                                    page 11
     Disability Services Amendment Bill 2012



     s. 22



1                  with disability to raise, and have resolved, any grievances
2                  about services.
3            13.   Programmes and services are to be designed and
4                  implemented in an accessible manner.
5            14.   Programmes and services are to be designed and
6                  administered so as to respect the rights of people with
7                  disability to privacy and confidentiality.
8            15.   Programmes and services are to begin as early as possible so
9                  as to prevent the occurrence of, or minimise, disability so
10                 people with disability can be as independent as possible and
11                 participate in all aspects of life.
12           16.   Programmes and services are to be designed and
13                 implemented to --
14                   (a)   acknowledge, recognise, respect and respond to the
15                         role of families, carers and significant others in
16                         supporting people with disability; and
17                   (b)   respond to the views and needs of families, carers
18                         and significant others; and
19                   (c)   strengthen and build the capacity of families, carers
20                         and significant others in supporting people with
21                         disability.
22           17.   Programmes and services are to provide --
23                   (a) people with disability and their families and carers
24                        with opportunities for participating continually in
25                        the planning and operation of services they receive;
26                        and
27                   (b) opportunities for people with disability, their
28                        families and their carers to be consulted about the
29                        development of major policy, programme or
30                        operational changes.
31




     page 12
                                            Disability Services Amendment Bill 2012



                                                                                     s. 23



1    23.      Schedule 5 amended
2             After Schedule 5 clause 1(1a) insert:
3

4          (1B)         Despite subclauses (1) and (1a), the deputy chairperson may
5                       have his or her appointment extended for up to a year, at the
6                       discretion of the Minister.
7


8    24.      Various references to "disability" amended
9             In the provisions listed in the Table:
10              (a) delete "disabilities" and insert:
11

12                       disability
13

14                (b)    delete "disabilities" (each occurrence) and insert:
15
16                       disability
17

18                (c)    delete "disabilities" and insert:
19

20                       disability
21

22                (d)    delete "a disability" (each occurrence) and insert:
23
24                       disability
25

26                                          Table
       Long Title                                s. 3 def. of disability service
       s. 3A(1), (3)(a) and (b)                  s. 4(1)
       s. 7(2)(b), (c), (d) and (e)              s. 7(3)(b)
       s. 12(1)(a), (e), (f), (g) and (j)        s. 21(4)(a)


                                                                                   page 13
    Disability Services Amendment Bill 2012



    s. 24




      s. 21B(b)                                s. 22(4)
      s. 23(1)(a)                              Pt. 4 heading
      s. 24(1)(a)                              s. 25(4)
      s. 30A(1)(c), (e) and (g) and (2)        s. 32(1), (2) and (3)
      s. 33(2)(g)                              s. 42(4)(a)
      s. 46(a)                                 s. 53
1             Note: Heading to section 26B to read:

2                   Method of contracting to provide services for people with
3                   disability




 


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