Results of the consultation
The Review of the Disability Services Act 1992 (DSA) provided an excellent opportunity to comprehensively consider current community thinking about disability issues to ensure that the DSA provides the necessary legislative platform for the development of contemporary disability policy and practice.
Phase 1
Over 800 individuals and organisations between May and September 2003 participated in the first consultation process conducted by Disability Services Queensland (DSQ) for the review of the DSA. Nine issue papers were developed by DSQ in collaboration with a disability sector reference group and government working party to guide the review process.
DSQ conducted statewide public consultation and provided opportunities for feedback on the proposals through discussion groups, completing a question response booklet and providing a submission.
Despite the closing date for responses to the review being the end of September 2003, valuable input was still being received after this date and was subsequently included in the overall analysis of feedback.
The impressive breadth of feedback received during the first consultation phase saw high quality and thoughtful submissions to the review. The majority of participants who provided input during the consultation process supported Queensland Government thinking on the nature of needed legislative amendments to the Disability Services Act 1992.
Key feedback from the consultation participants included:
- incorporating an overarching statement of purpose in the DSA and the inclusion of objectives that reflect contemporary expectations for service design and delivery
- including an objective that promotes the prevention of abuse and neglect
- amending the Act to require pre-employment screening for employees of DSQ funded disability services
- through the Act develop service standards that underpin the quality assurance system and require compliance with the quality assurance system by DSQ operated and funded services
- amending the Act to recognise the Complaints Management System, also requiring compliance from DSQ operated and funded services
- incorporating within the Act powers of investigation, both financial and non-financial, powers to monitor funded agencies and developing associated statutory remedies to support these powers.
The following organisations, agencies and government departments participated in the consultation process:
- ACROD (Queensland)
- Alara Association Inc
- Australian Pensioners' and Superannuants' League Qld Inc
- Brisbane Regional Disability Council
- Carers Queensland
- Commission for Children and Young People and Child Guardian
- Crime and Misconduct Commission
- Department of Corrective Services
- Department of Families
- Department of Housing
- Disability Council of Queensland
- Family Planning Queensland
- Far North Queensland Information Alliance
- Gold Coast Housing Association Inc
- Health Rights Commission
- Inclusion Works
- Ministerial Advisory Council for Older Persons
- MS Society
- Office of the Adult Guardian
- Office of the Public Advocate
- Phoenix Lifestyles Support Association Inc
- The Public Trustee of Queensland
- Queensland Advocacy Inc
- Queensland Parents for People with a Disability Inc
- Queensland Rail
- The Safety of People with Intellectual Disability in the Community Network
- Xavier Children's Support Network.
Executive summary
The following provides a summary of the main issues raised by participants who submitted feedback to the review after the initial closing date for the first round of consultation.
Name, coverage and purpose of the Act
Respondents supported developing a suite of legislation that covers all issues impacting on the lives of people with a disability and supported the suggested legislative amendments to clarify coverage of the act. Respondents also supported the suggested legislative option to clearly articulate the Act's purpose.
Disability Service Plans
The majority of respondents supported the amendment to require each public sector agency to develop disability service plans.
Disability Advisory Bodies
Respondents recommended that disability advisory groups to the Minister be formally established in the Act.
Disability Human Rights
Respondents supported extension of the human rights principle contained in section 9 of the Disability Services Act 1992 to promote the prevention of abuse and neglect in DSQ funded (government and non-government) and other unfunded or for-profit disability services.
Recognition of Carers
Respondents suggested extending coverage of the Act to include all people affected by disability including carers.
Objectives for service development and delivery
The majority of participants supported the proposed legislative amendments. In addition to the objectives outlined during consultation, respondents proposed the following objectives:
- Recognise and support the role of informal decision makers
- Recognise and support the role of carers as advocates
- Service development and delivery that recognises and engages carers
- Innovative programs and services.
Quality assurance
Respondents supported the proposed legislative amendment to include obligations for the quality of DSQ operated and DSQ funded specialist disability services. Respondents commented that compliance mechanisms should be clearly stated in all DSQ service agreements.
Advocacy
Respondents generally supported retaining the current sections in the Disability Services Act 1992 providing that services be designed and implemented to ensure that people with a disability have access to any necessary advocacy support.
Some respondents considered that further work is required to clarify an individual's access to formal advocacy support with regard to incorporating this into the Act.
A strengthened regulatory model
Respondents supported the establishment of a regulatory legislative framework for the delivery of specialist disability services to ensure such services only operate if they achieve certain minimum standards. Respondents suggested that the Act could detail the powers of DSQ in monitoring and regulating service providers and detail the relationship with DSQ's own service delivery areas.
Some respondents suggested including statutory remedies in the legislation for non-compliance.
Complaints Management System
The majority of respondents supported the proposed legislative amendment to recognise the existing DSQ Complaints Management System, requiring compliance by DSQ operated and funded services.
Respondents also suggested that further clarification is required regarding the respective roles of agencies such as the Adult Guardian, Commission for Children, Young People and the Child Guardian and the Health Rights Commission.
Pre-employment screening
The majority of respondents supported amendment to the legislation to incorporate a requirement for pre-employment screening for employees of specialist disability services.
Some respondents also suggested extending the pre-employment screening to include other people involved in the disability sector such as Board Members.
Privacy
The majority of respondents supported amending the Act to include privacy provision for DSQ operated and funded services.
Compensation
The majority of respondents supported the reasonable recovery of costs from people who have been granted compensation payments, provided that does not negatively affect a person's quality of life.
Review of the Act
Respondents recommended reviewing the legislation every 5 years.
Legislative dictionary
The majority of respondents supported including a dictionary in the legislation that defines all relevant terms. Some respondents also suggested providing this in alternative formats such as large print, voice and CD.
Assistance dogs
The majority of respondents supported giving legislative recognition to assistance dogs acknowledging the important role they play in increasing the independence of many people with a disability.
Phase 2
In September 2003, the Minister for Disability Services agreed to extend the consultation period for the review to enable the development of a detailed submission by the disability sector.
This additional consultation process was independently managed by the Disability Studies and Research Institute and overseen by a steering group comprising representatives of a range of disability sector organisations.
The Institute's comprehensive submission, Bringing Life to Legislation, detailed 38 recommendations for reforms to the Disability Services Act 1992.
These recommendations and content of the submission were largely consistent with the views expressed during the first round of consultation and were accepted by the Minister for Disability Services as a submission to the review.
The complete submission developed by the Institute is available by contacting Disability Services Queensland:
- Postal address:
- GPO Box 806
Brisbane Qld 4001 - Telephone:
- (07) 3836 0491
- Email:
- dsqmail@disability.qld.gov.au
Last updated November 2007
