New Disability Bill safeguards rights of people with a disability
Published Tuesday, 15 April, 2008 at 01:37 PM
Minister for Communities, Disability Services, ATSIP, Multicultural Affairs, Seniors and Youth
The Honourable Lindy Nelson-Carr
The much anticipated Disability Services and Other Legislation Amendment Bill 2008 was introduced into State Parliament today.
Disability Services Minister Lindy Nelson-Carr said the Bill was the cornerstone of the Queensland Government’s $113 million response over four years to the report by the Honourable WJ Carter QC into enhancing safeguards for adults with an intellectual or cognitive disability who exhibit challenging behaviour.
“This new legislative framework is about getting it right in government provided and funded disability services – that’s the priority,” Ms Nelson-Carr said.
“The Bill will make a real difference in the lives of Queenslanders with a disability by protecting some of our most vulnerable citizens and giving their families and support workers peace of mind because they have the support of a legal framework they helped create.”
Ms Nelson-Carr said under the Bill, Disability Services Queensland and DSQ-funded service providers would only be authorised to use restrictive practices when they followed rigorous requirements.
“This includes conducting an assessment, developing a positive behaviour support plan and having regular reviews of any use of the restrictive practice,” she said.
“This Bill represents a significant milestone in delivering the-whole-of-government response to Mr Carter’s Report. It will both control the use of restrictive practices for the first time and mandate a system of positive support for clients.”
The new legislation safeguards the human rights of clients and provides certainty to service providers and their staff.
“The safeguards include the Guardianship and Administration Tribunal approving containment and seclusion, and reviewing decisions made by tribunal-appointed guardians who consent to the use of physical, mechanical or chemical restraint,” said the Minister
Ms Nelson-Carr said any use of these practices would have to be shown to be the least restrictive way of ensuring the safety of the adult client and others.
“The Bill balances the need to respect the rights of the individual while protecting the rights of others to live and work in an environment which is free of violence and other potentially damaging behaviour,” she said.
“This legislation will also enshrine the role of families and guardians in the decision-making process which is a loud and clear message which came out during the consultation process.”
In the past seven months, the Bligh Government has delivered the major Carter Report recommendations which set the new benchmark for Disability Services Queensland and DSQ-funded service providers.
These include establishing the Centre of Excellence for Behaviour Support, specialist response services and bringing in the new legislation.
The new centre is the first of its kind in Australia. It is located at the University of Queensland's Ipswich campus and recruitment is underway to find an internationally-recognised expert to head the facility. Among its priorities will be developing best practice support models and training frontline staff supporting people with a disability.
For more information on how Disability Services Queensland is making a difference for people with a disability, visit: www.disability.qld.gov.au
Media contact: Minister Nelson-Carr’s office 3235 4280
Disability Services Minister Lindy Nelson-Carr said the Bill was the cornerstone of the Queensland Government’s $113 million response over four years to the report by the Honourable WJ Carter QC into enhancing safeguards for adults with an intellectual or cognitive disability who exhibit challenging behaviour.
“This new legislative framework is about getting it right in government provided and funded disability services – that’s the priority,” Ms Nelson-Carr said.
“The Bill will make a real difference in the lives of Queenslanders with a disability by protecting some of our most vulnerable citizens and giving their families and support workers peace of mind because they have the support of a legal framework they helped create.”
Ms Nelson-Carr said under the Bill, Disability Services Queensland and DSQ-funded service providers would only be authorised to use restrictive practices when they followed rigorous requirements.
“This includes conducting an assessment, developing a positive behaviour support plan and having regular reviews of any use of the restrictive practice,” she said.
“This Bill represents a significant milestone in delivering the-whole-of-government response to Mr Carter’s Report. It will both control the use of restrictive practices for the first time and mandate a system of positive support for clients.”
The new legislation safeguards the human rights of clients and provides certainty to service providers and their staff.
“The safeguards include the Guardianship and Administration Tribunal approving containment and seclusion, and reviewing decisions made by tribunal-appointed guardians who consent to the use of physical, mechanical or chemical restraint,” said the Minister
Ms Nelson-Carr said any use of these practices would have to be shown to be the least restrictive way of ensuring the safety of the adult client and others.
“The Bill balances the need to respect the rights of the individual while protecting the rights of others to live and work in an environment which is free of violence and other potentially damaging behaviour,” she said.
“This legislation will also enshrine the role of families and guardians in the decision-making process which is a loud and clear message which came out during the consultation process.”
In the past seven months, the Bligh Government has delivered the major Carter Report recommendations which set the new benchmark for Disability Services Queensland and DSQ-funded service providers.
These include establishing the Centre of Excellence for Behaviour Support, specialist response services and bringing in the new legislation.
The new centre is the first of its kind in Australia. It is located at the University of Queensland's Ipswich campus and recruitment is underway to find an internationally-recognised expert to head the facility. Among its priorities will be developing best practice support models and training frontline staff supporting people with a disability.
For more information on how Disability Services Queensland is making a difference for people with a disability, visit: www.disability.qld.gov.au
Media contact: Minister Nelson-Carr’s office 3235 4280