Disability Inclusion (Review Recommendations) Amendment Bill – Second Reading speech

Wednesday 13 and Thursday 14 September 2023 

S.E. ANDREWS (Gibson) (17:27): I rise to speak on the Disability Inclusion (Review Recommendations) Amendment Bill. The United Nations Convention on the Rights of Persons with Disabilities recognises that disability is an evolving concept, and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others. 

People may live with disabilities that are visible or invisible to others, and some may live with varying degrees of requirements for assistance. It is never for us to judge or deny a person their rights due to a disability. The federal Disability Discrimination Act 1992 that protects Australians against discrimination based on disability provides a broad definition of disability including these eight types: physical disability, intellectual disability, mental illness, sensory disability, neurological disability, learning disability, physical disfigurement, and immunological disability. 

Clause 3 of this bill deals with the definition of 'barrier' as something that is physical, architectural, technological or attitudinal or based on information and communications or the result of policy or practice. Let's look at some examples. 

Does a building only have stairs, so that it cannot be accessed by someone in a wheelchair or with other mobility issues? Does a building have glass doors with nothing tactile on them to warn a visually-impaired person? What about touchscreens that do not have screen reader software for the hearing-impaired? Does a document only have text and no images, or does an organisational policy intentionally or otherwise discriminate against a person living with disability? If any of these things are true, then a person living with a disability is at a disadvantage, and that is not okay. 

Clause 4 of the bill takes the effort to remove barriers even further by inserting an object that demands we make gain towards achieving an inclusive community where the principles of the UN convention underpin the development and delivery of services, especially by removing barriers so that people with disability, regardless of age, are able to access services and participate in the community in the same way as other members of the community. This importantly recognises that disability can be lifelong, or can develop throughout a person's life, or occur suddenly due to an accident or other devastating event, such as an instant loss of hearing. I seek leave to continue my remarks. 

S.E. ANDREWS (Gibson) (12:20): I will continue my remarks. Additionally, it can be a condition that is diagnosed later in life, such as autism spectrum disorder (ASD) in women. Many autistic women are not diagnosed until they reach adulthood, and this is for two main reasons: first, the set of autistic traits set out by professionals most accurately reflect the realities of autistic boys and men and, second, girls and women with ASD are better at masking or hiding their autistic traits. 

We must ensure that, as we are doing in other areas of the community, we break down sexism and gender discrimination in the disability community. There is never any place for sexism, racism, homophobia or ableism anywhere in our community. 

The next clause inserts important principles into the act, including the right for people with a disability to feel safe through the provision of appropriate safeguards, information, services and support. We all have a right to feel safe and be safe, whether it is at home, in the community or at work. People living with a disability should never be subjected to neglect, abuse or exploitation and it is our responsibility as a community, just like with our children and young people and older community members, to speak up if we see this occurring. 

Clause 5 additionally provides people living with a disability and their families and representatives as appropriate the right to participate in the design and delivery of inclusive policies and programs. Just like the Voice, it is about providing people with input into policies that directly affect them. This bill reminds state and local government that they should take reasonable steps to assist people to learn about their rights and develop ways in which they can, or their families or representatives can, report violations of those rights. 

The changes in this bill are about empowering our disability community and these principles go further to ensure those living with a significant intellectual disability are not forgotten or excluded by this bill. Moreover, they are identified as a priority group that is particularly vulnerable in our community. Further clauses ensure that the chief executive informs the minister on systemic or emerging accessibility and inclusion issues and, additionally, the State Disability Inclusion Plan. 

This plan must set out whole-of-government policies and strategies giving effect to the principles and purposes of the UN convention and other international human rights instruments and specify priority areas for improvement and further measurable outcomes for each priority area. Importantly, the documents must be in a form that is accessible to people with a disability. This could be in large font or braille or include pictures and diagrams or be an audio resource. The whole of government must be on the same page. 

Clause 12 requires state authorities to review their disability access and inclusion plan within six months of any changes to the State Disability Inclusion Plan and, if there is variance, update it so it is consistent with the State Disability Inclusion Plan. In addition to this overarching statewide plan, the act requires almost 100 state authorities, including government agencies and all 68 local councils, to develop their own disability access and inclusion plans. This section is extremely important, as people living with a disability should expect the same level of accessibility and inclusion across all levels of government. 

I am proud to be part of a state government that is standing up for those who are vulnerable and ensuring that everyone can live a life where they are included, they are safe and they are listened to. I commend this bill to the house.