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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: john.nehrmann@dhhs.tas.gov.au

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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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