Contents
Terms of reference
Participants
Glossary
List of recommendations
1. INTRODUCTION
INTRODUCTION
BACKGROUND TO THE COMMISSION’S INQUIRY
CONDUCT OF THE REVIEW
Reference Group
Issues Paper
Public seminars
Sydney seminars
Regional seminars
Focus groups
Juliet London Research and Consultancy
Moxon, Green and Associates
State Network of Young People in Care
Acknowledgement
LINKS BETWEEN DSA AND CAMA
HISTORY OF THE DSA
Rationalisation of Commonwealth/State responsibilities
Concerns flowing from rationalisation
Complementary legislation
Strong support for the DSA
THE DISABILITY SERVICES PROGRAM
EFFECTIVE LEGISLATION REQUIRES ADEQUATE RESOURCES
Concern about adequate resources
The Commission’s view
FURTHER LEGISLATIVE REVIEW
2. OBJECTS, PRINCIPLES AND APPLICATIONS OF PRINCIPLES
INTRODUCTION
POLICY GOALS OF THE DSA
Objects
Principles
Applications of principles
Policy goals supported
“NORMALISATION”
CHANGING VALUES
Values of able-bodied people imposed
Importance of choice
Acceptance and participation
The Commission’s view
INCLUDING PEOPLE WITH INCREASING SUPPORT NEEDS
Developmental objects may not always be appropriate
Views in submissions
The Commission’s view
SHOULD BEST INTERESTS BE INCLUDED AS AN OBJECT?
Potential for conflict
The Commission’s view
ACCESS TO SERVICES
DSA does not provide for access
The Commission’s view
STRENGTHENING SUPPORT FOR DIVERSITY
Comments in submissions
People of non-English speaking backgrounds
Aboriginal and Torres Strait Islander people with a disability
Sexual orientation
The Commission’s view
RECOGNISING FAMILIES AND CARERS
Provisions in the DSA
Families and carers play an important role
Focus should be on the rights and interests of people with disabilities
The Commission’s view
Family support is important
Applications of principles should be strengthened
SCOPE OF THE DSA
Boarding houses are not covered
Views in submissions
The Commission’s view
3. PLANNING
INTRODUCTION
CURRENT PLANNING
VIEWS EXPRESSED IN SUBMISSIONS
Need for a planning framework
Need for co-ordination
THE COMMISSION’S VIEW
Complexity of the disability services sector
Planning is important
DSA should provide for planning
4. ACCESS TO MAINSTREAM SERVICES
INTRODUCTION
REQUIREMENTS OF SECTION 9
OTHER LAW AND POLICY
Disability Discrimination Act 1992 (Cth)
Discrimination is unlawful
Action plans
Anti-Discrimination Act 1977 (NSW)
Disability Direction: Tomorrow’s Blueprint
Disability Policy Framework and Guidelines
LIMITATIONS OF SECTION 9
VIEWS IN SUBMISSIONS
Barriers still exist
Lack of commitment to section 9
Section 9 should be strengthened
All government departments and agencies should
be covered
THE COMMISSION’S VIEWS
Extend the scope of section 9
Improve section 9 plans
Content of section 9 plans
Appointment of section 9 plan co-ordinators
Integration of section 9 plans into corporate planning
Performance agreements with CEOs and SES officers
Broad consultation required
Reporting and monitoring obligations
5. FUNDING
INTRODUCTION
TYPES OF FUNDING
WHO MAY RECEIVE FUNDING?
Target group
Views in submissions
The Commission’s view
TERMS AND CONDITIONS OF FUNDING
Minister’s duty
The Commission’s view
FUNDING INNOVATIVE SUPPORT MODELS
Funding models
Views in submissions
The Commission’s view
6. TRANSITION
INTRODUCTION
TRANSITION FUNDING PROVISIONS
Transition plans
TRANSITION PROCESS
Assessment
Duty to conform as closely as possible
VIEWS IN SUBMISSIONS
Transition provisions supported
Lack of funding
Standards are inadequate to measure conformity
Inadequate assessment and approval process for transition plans
Failure to monitor conformity as closely as possible
THE COMMISSION’S VIEW
Transition process should remain
A two-stage transition process
Stage 1 transition
Stage 2 transition
Assessment and monitoring
Assessment, certification and monitoring of Stage 1 transition services
Assessment, certification and monitoring of Stage 2 transition services
Measuring outcomes
7. IMPROVING QUALITY
INTRODUCTION
CURRENT QUALITY ASSURANCE PROCESS
Disability Services Standards
Self-assessment and surveys
Monitoring
SUBMISSIONS CRITICAL OF QUALITY ASSESSMENT PROCESS
Standards are weaker than legislative requirements
Standards reduce flexibility in service provision
Self-assessment criticised
Monitoring and enforcement inadequate
Submissions supported a new approach
Suggested features of a new process
THE COMMISSION’S VIEW
A new quality assurance process
Establishment of a new quality assurance body
Standards should be redeveloped
Consumer involvement and peer review in assessing quality
Linking certification to funding
Period of certification
Section 15 review
8. CHILDREN AND YOUNG PEOPLE
INTRODUCTION
HUMAN RIGHTS AND CHILDREN
Children require special protection
Children with a disability
LEGISLATIVE PROTECTION FOR CHILDREN AND YOUNG PEOPLE
No specific DSA services for children
New child welfare legislation
Principles underpinning care and protection legislation
Voluntary out-of-home care arrangements
Requirement to notify where a child is at risk of harm
FINDINGS OF THE CSC
DSA provisions are inadequate
Children with a disability in residential care
SUGGESTED CHANGES TO THE DSA
Specific recognition needed
Linking the DSA with child protection measures
THE COMMISSION’S VIEW
Special provisions for children
Principles
Applications of principles
Links with child protection provisions
Hierarchy of support
9. ENFORCEMENT
SANCTIONS FOR NON-COMPLIANCE WITH THE DSA
Views in submissions
The Commission’s view
ACTION IN AN EMERGENCY
The Commission’s view
MERITS REVIEW OF DECISIONS MADE UNDER THE DSA
Merits review
Principles for merits review of decisions
Current review provisions
Are the current review provisions appropriate?
Submissions
The Commission’s view
Impact of the Commission’s recommendations
Disability Services Quality Assurance Council (DisQAC)
Decisions to impose sanctions
10. DISABILITY SERVICES REGULATION
INTRODUCTION
RELATIONSHIP BETWEEN THE DSA AND THE REGULATION
PROVISIONS OF THE REGULATION
Designated services
VIEWS IN SUBMISSIONS
Exempting services from the operation of the DSA by regulation
Exempting HACC from the operation of the DSA
THE COMMISSION’S VIEW
Unnecessary duplication should be avoided
Power should be subject to greater scrutiny
APPENDICES
APPENDIX A: Reference Group Members
APPENDIX B: Submissions
TABLE OF LEGISLATION
SELECT BIBLIOGRAPHY
