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Disability anger

27 Mar, 2006 08:30 AM
A NEW Disability Bill has been accused of discriminating against people with intellectual disabilities.

President of the Gippsland Carers Association (GCA) Jean Tops said the Bill had to be rejected by state parliament as it was a backward step for people with disabilities and their families.

"It's the most draconian legislation you can possibly imagine," Ms Tops told The Express.

"The Bill discriminates against people with intellectual disabilities... They have a complete section for people with intellectual disabilities despite the fact the entire reason for the new Bill according to DHS (Department of Human Services) was to combine the previous Bills to stop discrimination."

If the new legislation is passed, the existing Intellectually Disabled Persons Services Act 1986 and the Disability Services Act 1991 will be repealed.

Ms Tops said the GCA had been lobbying "incessantly" over the last few weeks to ensure the legislation did not get approved and had sent letters to members of both houses of parliament outlining what it considered to be the most "serious flaws".

She said the legislation would "completely alienate" families who were caring for more than 90 per cent of people who need supported accommodation and personal care in Victoria as it gave them no recognition. She added the Bill did "absolutely nothing" to address the urgent unmet needs of disabled people who needed somewhere to live.

"We believe the entire Bill needs to be rejected. It is so bad, so discriminatory and so flawed it needs to be rejected entirely," Ms Tops said.

"We believe it to be a backwards step - families have been written out of the legislation all together. It puts too much power into the hands of service providers to accept or reject service, make or not make a plan for a person, or tell or not tell the family anything happening in their (the person with a disability's) life.

"It's appalling legislation. We'll be lobbying incessantly to families to vote with their heart (at the state election in November) and not for any politician that letsthis go through."

The Council of Intellectual Disability Agencies (CIDA) also has serious concerns with the legislation and has called on Labor MLA for Morwell Brendan Jenkins and other local members to help delay the Bill until the concerns are addressed.

CIDA executive officer Sue Jackson said examination of the legislation had uncovered serious flaws and if it passed into law there was a "real danger" people with intellectual disabilities and their families in the Gippsland area would find it harder to access services.

"There are some good features in this legislation but there are also some deep flaws that need to be fixed," Ms Jackson said.

"If it goes through unchanged people with intellectual disabilities and their families will no longer have a clear, simple pathway to access the services they need.

"Instead they would be faced with going it alone trying to determine the type of services they require and who to approach to get them."

Ms Jackson said the legislation would also involve "inappropriate" shifting of responsibilities from government to not-for-profit disability service providers.

"It is an unacceptable backward step for Victoria which has led the way in this area," she said.

"All we are asking is for the government to stop and look at what has been uncovered and not to rush forward and risk making it harder for people with intellectual disabilities and their families."

However Brendan Jenkins said he supported the legislation as it made "significant improvements" on previous laws and would improve access to services and strengthen the legal position of people with disabilities.

Mr Jenkins said he had passed the concerns sent to him by the GCA and CIDA to the office of the Minister for Community Services which was now looking into the specific issues.

"I've received a number of letters from groups to look at a number of details (in the Bill). It's important we continue to do that as often the devil is in there."

But he said while there was "always room to have a look at legislation to see where improvements can be made", for anyone to suggest parliament "throw the baby out with the bathwater" and entirely reject the Bill was disappointing.

"It would be a backwards step just to call the legislation off because people have specific concerns," Mr Jenkins said.

"There's no doubt it (the new Bill) makes significant improvements...I wouldn't be promoting it if it didn't."

Mr Jenkins said the legislation was designed to improve access to services for all people with disabilities and ensure services could also be accessed by individuals themselves.

"The consultation that has taken place has not just been with families and carers but with people with disabilities and their support groups, including the ministerial taskforce reference group made up of people with disabilities from all over the state.

"We've been working on this for many months."

Mr Jenkins said while some groups had concerns with details of the Bill, many representative groups for people with disabilities had expressed support for the legislation broadly.

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