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REVIEW OF THE TASMANIAN DISABILITY SERVICES ACT 1992
DIRECTIONS PAPER
Content and Structure of new Disability Services Legislation in Tasmania
Easy English version
November 2009
OFFICE OF THE DEPUTY SECRETARY – HUMAN SERVICES
A short message from the Minister When services are put in place for people with a disability in Tasmania, we have to think about the laws, government plans and agreements as well as what has changed. One of the most important laws is the Disability Services Act 1992. The Act says how services should be provided.
It is very important that it is up to date because this helps us put in place better services. We are going to look at the Disability Services Act and make some changes if we need to. We want to hear what you think. Please answer the questions at the end of each section of this paper.
We are also going to have some meetings early in 2010 where you can come along and have a say.
Lin Thorp MLC Minister for Human Services
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You may need support
This information is written in an ‘easy to read’
way.
We use pictures and symbols to help you.
You might need support to read this information.
You might need help to understand what it
means for you.
A friend, family member or support person can
help you.
Hard to understand words
This paper uses words you might not know.
These words are in blue.
We have explained what they mean.
The Disability Services Act is a law. In this paper we will call it the Act.
Pictures from Photosymbols3 ©2009
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What do these words mean?
Administrator – the Guardianship and Administration Board may decide a
person needs help to look after their money. The person who helps is called
an Administrator.
Area Advisory Groups – there is a group in each region that gives advice to
the Government about how to make things better for people with disabilities
Aversive practice – taking away a person’s belongings or stopping them from
going to a favorite activity. Doing something that causes pain or discomfort
to try to get them to act in a certain way or stop doing something
Complaint – you are treated in a way that makes you unhappy, you tell
someone about it.
Culture – a person thinks and acts in a way that is special to their family or
group of people, for example, Aboriginal culture, Italian culture.
Disability Services Act – is a law. It shows how people with a disability will
get good support and services.
Disability Service Provider – are people who are paid by the government to
run services that help people who have a disability.
Guardian – a person who makes some life decisions for another person.
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Individualised – for one person.
Law – the government or a court makes rules for the community. People in
the community must follow the rules.
Minister – a person who is the leader of a government department.
Permanent – is forever.
Restrictive Practices
restrained - controlled or hold someone back, use equipment to stop a
person from moving
use medication to change their behaviour
seclusion – put by yourself, away from other people.
Responsibilities – tasks that you are expected to do.
Standards – the rules that disability services must use to do their work.
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1. Who can use disability services?
To help decide if a person can use services from a Disability Service provider,
we first need to decide if they have a disability.
At the moment the Act says that a disability is: intellectual disability
psychiatric
sensory impairment, for example vision
impairment
physical impairment, for example cerebral palsy
The disability is permanent or likely to be
permanent. And means the person
has trouble with their mobility, communicating, or
learning
needs help from support services
Question 1
Do you think this describes a disability and who should
be covered by the Act?
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2. What does the Act mean for people with a disability?
At the moment the Act says it helps people with
disabilities:
be their best as members of the community
be part of their community and use services that
everyone in the community uses
be more independent with more chance of
getting a job
be seen as valued by their community
Services should meet the needs of people with
disabilities and help them reach their goals.
Question 2
Is this what the Act should do for people with
disability?
Question 3
Is there something else you would like it to say?
Question 4
Should the Act also say what it will do for children with
a disability?
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3. What should the Act say about people with a disability?
At the moment the Act says people with disabilities:
Are individuals and should be treated with
respect.
Have the same rights as other people and
should be helped to know their rights.
Have the same rights as other people to learn
new things in all parts of their life.
Should be able to make decisions about their
own lives.
Should be able to get support if they want it
and be as independent as possible
Can make a complaint if they are not happy
with their service. They can get help to make
the complaint and they should not be afraid.
It also says:
Families should be respected and be given
help to support people with disabilities where
they can.
It’s ok
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Over the past two years we talked to families, people with
disabilities and services to find out how we could make disability
services better.
We put the things they told us into a paper called the Tasmanian
Operational Framework for Disability Services.
The Framework says:
Disability services should meet the needs of
the person with disabilities, their families and
people that are important to them.
The whole government and the whole
community work together to support the rights
and needs of people with disability.
People with disabilities, their families and
people that are important to them should help
to make the decisions about their own lives.
People with disabilities should be part of their
community and be able to use the same
services and other members of the
community.
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People with disabilities should be able to use
special disability services if they need to.
Disability services should understand the
problems a person might have because of
their culture, language or where they live.
Question 5
Should the Act also include these things from
the Framework?
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4. Standards and checking if services are doing a good job. At the moment the Act has standards or rules that disability service
providers must follow. They say services should:
Help people become more independent, find
education and employment opportunities and
be part of their community.
Help people’s lives be more equal to other
peoples in the community.
Help people reach their goals
Understand if people have special needs
because of where they live, their culture or
any other differences.
One service should not have control over all of
a person’s life.
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Not use restrictive practices.
Make sure people with a disability are part of
making decisions and can have access to an
Advocate if they wish.
People with disability can make a complaint
about their service if they are not happy.
Respect peoples privacy and confidentiality.
Question 6
Should the Act include standards or should it just say
who can decide on and check if standards are being
followed?
Question 7
Should the Act say how services have to obey the
standards and what will happen if they don’t, or should
this be part of the government departments’ policy?
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5. Roles and Responsibilities
The Act now says the Government is responsible
for:
Providing money for services to people with
disability.
Making sure services are doing what they are
paid to do.
Setting up an Ethics Committee to give advice
on restrictive practices.
The Act now says Disability Service Providers
are responsible for:
Providing good services to people with
disability and follow the rules of the Act.
Using the money they get from the
government responsibly.
Giving back to the government any money
they don’t use. 13
Question 8
What do you think the roles and responsibilities of the
Government should be?
Question 9
What do you think the roles and responsibilities of
Disability Service Providers should be?
Question 10
Do you think people with disabilities and their families
should have roles and responsibilities in the Act?
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6. Funding
At the moment the government gives money to
disability service providers to provide services for
people with a disability.
In some other states in Australia and overseas, the
funds are paid directly to the person with a disability
and they are able to get help to manage their own
support.
Question 11
Should the Act be changed to allow for people with
disabilities to have funds paid directly to them for their
support?
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7. Planning for disability support services.
To make sure we have good services we need to plan. In some other states
of Australia their Acts say their planning is individualised, it is directed by the
person with a disability and considers and respects the role of the family and
other persons who are important in the life of the person with a disability.
The Tasmania Framework says about planning that:
The person is at the centre and should get
support to help in planning.
Family members and friends are partners.
It should include all supports, not just
disability services.
Planning should help the person work out their
goals and dreams and what is important to
them.
Children’s planning should be family focused
with the child at the centre.
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Question 12
Should the Act say the government and services have to
have plans?
Question 13
If yes, should it use the Framework as a start?
Question 14
Should the Act say there will be planning for individuals?
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8. Keeping an eye on Quality and Safety.
This is about making sure people’s rights are being respected and that
services are being open and doing the right thing.
At the moment a new way of keeping an eye on
quality and safety is being started where services
have to show they are meeting standards of safety
and quality.
Also the Australian government is working on quality
and safety.
In Victoria they also have community visitors who
can go in and inspect residential services and visit
residents.
Question 15 Should the Act talk about how it will look at Quality and Safety or should it just be part of how services and government departments work?
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9. Complaints
This is about how people can make complaints about their service.
There are a number of ways to make complaints that are not in the Act. For
example the Human Rights and Equal Opportunity Commission, the Health
Complaints Commission, or the Guardianship and Administration Board.
Otherwise complaints are dealt with through agreements with Disability
Services and Service Providers.
In Victoria their Act states how complaints will be
dealt with. They also have a Disability Services
Commissioner.
Anyone can make a complaint about disability
services, the Disability Services Commissioner then
works with the person with the disability and the
service provider to work out the complaint.
Question 16
Are the Human Rights Commission, Health Complaints
Commission and the Guardianship and Administration
Board enough to help work out complaints?
Question 17
If not what other ways could we use? Should they be
in the Act?
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10. Decision Making
Some people with a disability may have trouble making decisions about their
lives. They may be given a Guardian or Administrator to help them.
Many people who have trouble looking after their
money don’t need an Administrator; they just need
help with things like paying bills or banking.
Now a family member, friend, carer or someone
who works for their service can help them.
However there is no law that makes sure they are
using their money properly and honestly.
In Victoria the Act says that a disability service
cannot look after all of a person’s money. The
person with a disability, their guardian or
administrator must write a letter to say it is ok for a
residential service to look after some money.
Question 18
Should the Act say who can and can’t act as a formal
guardian or administrator?
Question 19
What should the Act say about who can look after a
person’s money if they just need a little help?
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11. Restrictive Interventions.
Services sometimes use restrictive interventions on a small number
of people with a disability because they may hurt themselves or
others or they behave in a way that is not ok.
Most states in Australia don’t have any rules about
restrictive practices in their disability laws except
Queensland and Victoria.
In both these States a senior person in the
Department can agree that restrictive practices can
be used, but a health professional must be involved.
Question 20
Who should say if services can use restrictive
interventions and who should keep an eye on it?
Question 21
Should this be part of the Act?
Question 22
Should the Act say it is not ok to use restrictive
interventions on children with a disability?
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11. Parents Responsibility.
The Act doesn’t say anything specifically about
children with a disability.
Sometimes parents find it hard to care for their child
with a disability because they need more help.
If parents can’t care for their child anymore, now
they have to be charged with abuse or neglect so
the government can take responsibility for them.
The Commissioner for Children recommended there
should be a way for government and parents to
share responsibility when they are unable to care for
their children.
Question 23
Should the Act decide who has parental responsibility
for children who have a disability?
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What to do next?
We have talked about a number of issues in this Paper;
you may have some of your own that we haven’t
thought of.
The Department of Health and Human Services
welcomes all comments and feedback.
If you want your comments to be confidential, please let
us know when you send them to us.
You must send your comments to us by Friday 26
February 2010
By Mail to: John Nehrmann, Disability, Child, Youth and
Family Services, Department of Health and Human
Services, 3/99 Bathurst Street, Hobart, TAS 7000
By Fax to: (03) 6233 7360
By Email to: [email protected]
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You can write your answers here
Question 1
Do you think this describes a disability and who should be covered by the
Act?
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Question 2
Is this what the Act should do for people with disability?
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Question 3
Is there something else you would like it to say?
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Question 4
Should the Act also say what it will do for children with a disability?
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Question 5
Should the Act also include these things from the Framework?
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Question 6
Should the Act include standards or should it just say who can decide on and
check if standards are being followed?
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Question 7
Should the Act say how services have to obey the standards and what will
happen if they don’t, or should this be part of the government department’s
policy?
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Question 8
What do you think the roles and responsibilities of the Government should
be?
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Question 9
What do you think the roles and responsibilities of Disability Service
Providers should be?
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Question 10
Do you think people with disabilities and their families should have roles and
responsibilities in the Act?
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Question 11
Should the Act be changed to allow for people with disabilities to have funds
paid directly to them for their support?
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Question 12
Should the Act say the government and services have to have plans?
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Question 13
If yes, should it use the Framework as a start?
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Question 14
Should the Act say there will be planning for individuals?
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Question 15
Should the Act talk about how it will look at Quality and Safety or should it
just be part of how services and government departments work?
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Question 16
Are the Human Rights Commission, Health Complaints Commission and the
Guardianship and Administration Board enough to help workout complaints?
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Question 17
If not what other ways could we use, should they be in the Act?
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Question 18
Should the Act say who can and can’t act as a formal guardian or
administrator?
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Question 19
What should the Act say about who can look after a person’s money if they
just need a little help?
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Question 20
Who should say if services can use restrictive interventions and who should
keep an eye on it?
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Question 21
Should this be part of the Act?
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Question 22
Should the Act say it is not ok to use restrictive interventions on children
with a disability?
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Question 23
Should the Act decide who has parental responsibility for children who have
a disability?
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