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This is a Bill, not an Act. For current law, see the Acts databases.
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 page 2 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 page 3 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 page 4 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 page 6 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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