Ageing, Disability & Home Care

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Disability Inclusion Bill 2014

Consultation on the draft Disability Inclusion Bill 2014 closed on 14 February 2014.

Thank you to those of you who took the time to provide comment. We received feedback through a wide range of formats including phone calls, emails, a video, responses via the online survey, and formal written submissions.

All submissions, except those for which confidentiality was requested, have now been published. To view the 87 public submissions please click here.

Next Steps

 

We are currently reviewing your feedback. When the final changes to the Bill are agreed by the Government, the Minister for Disability Services will present the amended Disability Inclusion Bill 2014 to Parliament.

Once the legislation is passed by Parliament, further information will be provided on the key features of the new law and its start date.

What has happened up till now?

The draft Disability Inclusion Bill 2014 was released for public comment in December 2013:

A number of resources were developed to help explain the draft legislation. You can still access this information below:

The reasons for change and objectives of the new law

The NSW Government is committed to improving the lives of people with disability, their family and carers.

As a part of that process, disability law in NSW is being reviewed.

At the moment the Disability Services Act 1993 is the main legal foundation in NSW for providing supports and services to people with disability. When it was made, the Act set out a progressive, rights-based approach to supporting people with disability.

In the 20 years since the Disability Services Act 1993 was made, there have been significant changes in attitudes towards people with disability and the ways that they are supported. Most important of these are:

  • respecting the independence of people with disability
  • recognising the right of people with disability to be in control of their lives and to make or be involved in decisions that affect them
  • ensuring people with disability can participate fully in the community.

The draft Bill aims to better recognise the human rights of people with disability and to help people move to the new funding arrangements under the National Disability Insurance Scheme (NDIS). The Bill:

  • makes it clear that people with disability have the same human rights as other people
  • promotes the inclusion of people with disability
  • supports people with disability to exercise choice and control through individualised funding wherever possible
  • provides safeguards for people accessing disability supports and services including requirements for employment screening and reporting incidents to the Ombudsman
  • regulates certain restrictive practices that are used to ensure a person's safety and/or the safety of others.

Previous consultations

To inform the development of the new disability law, a series of community consultations were held across NSW during February and March 2013. Due to demand, extra sessions were held and nearly 600 people attended.

The consultations asked for feedback on a range of issues under four key themes – scope and purpose, community inclusion, choice and control, and safeguards.

In addition to these face-to-face consultation sessions, a total of 64 written submissions about a new disability law were received.

We greatly appreciate the time people took to attend consultation sessions and provide written submissions. A summary of this information is published in Feedback summary paper on the reform of NSW disability laws. You can download this by clicking on the links below:

Discussion papers

In January 2013 an Issues Paper: Reforming NSW disability support – the fundamental legislative issues and a more detailed Discussion Paper: Reforming NSW disability support - legislative structure and content, were released for public comment.  You can download these papers by clicking on the links below:

If you would like to speak to someone to interpret this information, please phone the Translating and Interpreting Service (TIS) on 131 450.

More information

For more information about the Disability Inclusion Bill 2014, please email disabilityinclusionbill@facs.nsw.gov.au or call 1800 446 470.

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