Wednesday, 3 May 2023
Bills
Disability and Social Services Regulation Amendment Bill 2023
Bills
Disability and Social Services Regulation Amendment Bill 2023
Second reading
Debate resumed.
Martin CAMERON (Morwell) (18:00): Hopefully I am starting where I left off. Like everyone else around the state, we are in need of more public housing to accommodate our most vulnerable people and provide them with a safe and secure environment to receive the best care and day-to-day learning. The waiting time for such housing is blowing out, and the big build is only providing a fraction of the disability housing that it intended to bring online.
The bill will also amend the Disability Worker Registration Board of Victoria to accept NDIS clearance in lieu of a criminal history check when disability workers voluntarily seek to register. The screening checks for NDIS-registered disability workers are currently duplicative, and the amendments will reduce red tape for disability workers seeking registration. As we know, a new regulatory scheme for social services will take effect from 1 July 2024, which aims to strengthen protections for those accessing social services. The amendments will enable an authorised officer to enter the bedrooms of those that live in supported residential services and disability residential services without consent or a warrant. This amendment is necessary to ensure that a provider is complying with requirements aimed at ensuring the service user is safe, providing greater protection for residents in these particular services. It is subject to a number of safeguards, including that the authorised officer believes it is reasonably necessary for the purpose of monitoring compliance.
In summary, the bill makes amendments to align state services better with the NDIS, remove discrepancies with the NDIS, improve practices around supervised treatment orders, update information-sharing opportunities to improve safeguards and expand the role of the community visitor programs as well as many other vital changes to make the system work better for everybody.
Finally, I would like to again take the opportunity to thank all of the services in the Latrobe Valley for their ongoing commitment to the disability sector. Day to day you can walk down any street in the Latrobe Valley and you can see the providers actually out with their clients, teaching them, taking them into the supermarkets, taking them into the banks, teaching them what we take for granted in day-to-day living. So we really do thank our providers down in the Latrobe Valley, and we will not be opposing the bill.
Martha HAYLETT (Ripon) (18:03): I rise tonight to speak on the Disability and Social Services Regulation Amendment Bill 2023. This bill reinforces the Andrews Labor government’s deep, deep commitment to empowering Victorians of all abilities. It introduces critical amendments to enhance services, safeguards and protections for people living with disability. It will also amend the Residential Tenancies Act 1997 to promote residential rights in specialist disability accommodation and the Disability Service Safeguards Act 2018 in relation to worker screening and make several amendments to the Social Services Regulation Act 2021 to ensure that it operates effectively to protect the safety of social service users.
Over 1 million Victorians today live with disability. As a community we are making vast improvements to strengthen their rights and treatment, but there is always more to do. Australia’s national disability insurance scheme provides essential services, supports, equipment and more for participants, with over 150,000 people relying on it every day in Victoria. Introduced over a decade ago by the trailblazing Prime Minister Julia Gillard, it is now an integral part of the way we support and protect people living with disability in this country.
Our government acknowledges that we all have a role to play in making sure Victorians living with disability are well supported, with inclusive, appropriate and sustainable supports in place that enable them to live full lives. We have seen what happens when it goes wrong; the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability laid it out very clearly over the course of their public hearings. While the final report is not due to be handed down until later this year, the lessons are already there to be learned and acted on. It is clear that when a system does not protect the most vulnerable, the results are devastating. That is why this bill exists: to strengthen the protections for people living with disability and to make sure supports are in place so that the types of issues that the royal commission exposed cannot happen again.
The key amendments that are dealt with in this bill include increasing rights and protections for people living with disability, improving services, providing better service coordination and ensuring the system works as intended. It achieves these aims in a few key ways by clarifying residential rights for people in disability residential services that are subject to criminal and civil orders. This bill seeks to better address the requirements for service providers when delivering residential and treatment services, which is extremely important. It will also ensure accountability and consistency of approval requirements for the use of restrictive practices for NDIS and state-funded disability providers, making sure that we get them right and use them only when deemed necessary. It will enable service providers to better share critical information by removing barriers, and it will ensure that at the heart of the system vulnerable service users are protected first and foremost. This will be enshrined in circumstances where authorised officers will be able to enter rooms in private supported residential homes without consent in limited circumstances. This may be deemed necessary where, for example, a person is intimidated or influenced by the provider, but an inspection is deemed necessary for their welfare. These powers will be subject to a series of checks and balances that will aim to make sure people living with disability are adequately supported. Ultimately it will enhance the regulator’s ability to ensure the safety of service users through increased ability to monitor compliance in accommodation services. This bill goes a long way to improving disability services. It is part of a broader picture of delivering for people with disability in this state.
Now, we are walking the talk in Victoria when it comes to making sure people with disability are at the forefront of decision-making, and this is reflected not just with this bill but in the policies that this government has put forward over many, many years. An example of that is the $1.6 billion of investment to make sure every student of every ability thrives at school. The disability inclusion program has begun rolling out in Victoria’s government schools from 2021 to 2025, and this funding is for schools to implement practices that support inclusive education for students with a wide range of learning needs. Whether it is through hiring new disability learning staff, funding new interventions and equipment, professional development, technology or so much more, it allows schools to implement the best possible solutions for students based on their needs, and so many students in my electorate of Ripon are benefiting from this already.
Late last year we also announced a $39 million Pathways to Home program to help patients with disability who are stuck waiting in hospital while their NDIS plan kicks in to transition to home or home-like accommodation. This not only helps them get home sooner but means that they are not stuck in limbo waiting for their accommodation plans to commence, freeing up more hospital beds and helping Victorians who need it most.
We all know on this side of the house that a centrepiece item from the Andrews Labor government’s agenda has been free TAFE. Reflecting the high demand for skilled workers in this space, we have made it free to study support at TAFE campuses across the state, which includes and fills gaps in key areas across the disability sector, including welfare support workers; disability carers; nursing support; care workers; welfare, recreation and community arts workers; and education aides. It will make sure that we have the workforce of tomorrow ready and willing to address the workforce shortages and support that many people with disabilities need. Our many unpaid carers across Ripon, of whom I have met many in recent months, devote so much time, energy and love to their family members, friends and loved ones with disability, and their work too often goes unrecognised and unpraised. That is why I am particularly proud that this government provides respite and funding for unpaid carers to give them the time and support they need to look after themselves.
In my electorate of Ripon we are so lucky to have so many wonderful community disability service providers who do a power of work each and every day to support people with disability in our region. I have had the pleasure of meeting with many of them, and I am looking forward to meeting many more in the future. One of those is Grampians Disability Advocacy, who through some of the toughest times supported over 300 clients with NDIS appeals and advocacy, and they supported clients through the disability royal commission. It was a pleasure to meet with them last year at their annual general meeting, where I heard about all the hard work they do for locals in Ballarat, Ararat and beyond, and I know that the member for Wendouree has a very strong relationship with them as well. The members for Wendouree and Eureka and I also recently met with McCallum, who are in the process of moving their employment businesses, including McCallum Industries, McCallum Linen and Ballarat Regional Industries, to the Ballarat West employment zone, or BWEZ. Supported by the Andrews Labor government, McCallum is the largest social enterprise in western Victoria, employing over 300 people with disability. When the move is complete, they will have room to expand, creating 275 jobs.
I have also had the great pleasure of meeting with staff from Grampians Community Health, who do so much incredible work across our region with people with disability. They reach over 200 postcodes across the Grampians and Wimmera regions and have supported over 5000 new clients since January 2019 alone. They do tireless work supporting locals through disability support, carer respite, counselling, family violence support, drink drive programs and so much more.
Everyone in Maryborough knows the legends behind Asteria Services, one of Maryborough’s biggest employers. They are a registered NDIS provider and deliver personalised support and employment for locals with disability. They offer respite services, commercial services and employment opportunities. Their participants grow plants for Landcare groups, pack drills for Sutton Tools, place stickers on books for McPherson’s Printing, mow lawns, wash cars, clean houses and more. Their services are so valuable for the people who rely on them, and I cannot wait to see what the future holds for them.
While we are well serviced with providers in some parts, of course there is always more to be done, and I will always be a passionate supporter for more and better services in rural and regional communities. Importantly, this bill will provide greater support for Victorians living with disability and will make it easier for service providers to do their jobs.
The Disability Act 2006 is being reviewed in stages, with this bill forming part of phase 2 of the reform agenda by promoting the rights of people residing in residential services and improving treatment practices, among other measures. I will always jump on every single opportunity to work with organisations and groups that are building a more inclusive and accessible community. I am dedicated to working hand in hand with disability advocates to make sure that the needs of people living with disability in Victoria come first, which is what this bill sets out to do. I am thrilled to be a part of a government that is coming to the table once again. We are walking the walk and we are getting it done. I commend this bill to the house.
Annabelle CLEELAND (Euroa) (18:13): I rise today to speak on the Disability and Social Services Regulation Amendment Bill 2023. This bill is based on recommendations requested by the disability sector and does not propose major policy changes or the introduction of new policy, instead clarifying and streamlining existing processes. While it was before my time in Parliament, I am aware that this bill does hold several similarities to the legislation proposed in 2022 that was allowed to lapse by the government. There have been some additional reforms from the bill put forward last year, which includes the tidying up of some technical mistakes. While we support these changes and want to ensure all legislation is error free, it does not surprise me to see this government failed to get the bill right in the first place. We still present a stance of no opposition to this bill, a bill that introduces changes that have been proposed by the disability sector with good intentions towards people with disabilities.
There are some key points made throughout the amendments in the bill, many of which serve as improvements on current operations. This includes improving NDIS effectiveness by removing discrepancies, improving accreditation and creating a better alignment with state services. The NDIS is a fantastic program and one that has improved the quality of life for so many Australians. I welcome the conversation that is currently occurring at a federal level around ensuring the scheme remains sustainable and effective into the future. We need to make sure this works in the best interests of the people it is intended to support and does so in a responsible manner. This is something I have recently discussed with the federal member for Nicholls and disability service providers in my electorate. There is also its role in improving safeguards, particularly through updating information-sharing opportunities and creating protections for tenancy options for people with disabilities. People with disabilities are among the most vulnerable in our community and deserve the highest levels of safeguarding and support we can possibly provide for them.
While on the topic of the disability sector, I want to thank the disability service providers across the Euroa electorate for all the excellent work they are doing in our communities: Goulburn Options and Scope in Seymour, Yooralla and Wellways in Benalla, Simply Helping in Euroa and Atlas Disability Support in Kilmore, just to name a few. There are so many more doing such an important job and caring for some of the community’s most vulnerable people. Disability service providers in the Euroa electorate are currently doing a fantastic job. However, we must still look at ways to improve their operations and effectiveness, particularly when there are recommendations coming from inside the disability sector. Listening to their feedback, recommendations and knowledge of the ins and outs of the NDIS system is crucial to moving in the right direction. These services do so much for our communities and people with disabilities, providing a sense of independence, improving skills both recreationally and for independent living, and so much more. These services alleviate pressure on families and extend participants’ care to entire communities.
A lot of the most successful disability services come from the community and are for the community, ensuring participants are well supported in their local areas. Just in this past week I have had the chance to see the outstanding services that disability providers in my electorate can offer. Goulburn Options is a major disability service provider in Seymour that offers services to people across my electorate from Kilmore to Nagambie. Dating back to 1981, they were formed when a group of parents, carers and members of the public first put forward the idea for Seymour’s very own centre for adults with disability. For the past 42 years Goulburn Options has gone from strength to strength, growing exponentially and having the ability to purchase residential units, an op shop and a hub in the heart of Seymour. They currently operate a successful studio arts program called GO Art, which offers a welcoming environment where participants can express their individuality and create beautiful artwork.
I recently met with these artists with the federal member for Nicholls to discuss housing support and needs in the region as well as the need to better protect people accessing these services across the entire electorate. It was an opportunity for me to meet with some of the artists in the Goulburn Options GO Art program as they were all getting prepared for a pop-up art show that coincided with Seymour’s Tastes of the Goulburn festival, a major event for our region. I am proud to say I am now the owner of some wonderful paintings by the incredibly talented Lucinda Donnelly. Sadly, we are not allowed props in this house, otherwise I would show it all to you, but I would like to briefly quote Lucinda, who is rightfully so proud of her paintings and described them so perfectly:
My canvases have to do with Black Saturday fires. And it goes to show how powerful Mother Nature can truly be. It helps us to smile and to laugh. You can also learn to appreciate what we have in this country of ours and also just how lucky and truly fortunate we really are.
They are magnificent pieces of work and proudly hang in my office here at the Parliament of Victoria. Not only do they look stunning with their vivid colours and strong message, I particularly love the acknowledgment of the country’s extraordinary landscape. The sale of these paintings raises money for the GO Art participants as well as Goulburn Options, whose shopfront on Tallarook Street was severely impacted by the October floods, like much of the Seymour community. It was amazing to see the community rally behind them. These were not just locals from Seymour but individuals across the Goulburn Valley and visitors to the region.
To understand the joy that these services provide to the people with disabilities you only need to speak to some of the artists who were on show at the exhibition. One of these artists was Susan Meadows, who has been with the program for the past five years. Susan has built a loyal following on social media and has exhibited and sold her paintings in several group art shows. She is never without a smile and truly has a deep passion for art. The GO Art program gives her an opportunity to safely pursue this dream with the support of caring workers. In the words of Susan, ‘Art is my dream job.’
Rosemary Sheppard is another of the talented artists thriving due to the work done by Goulburn Options. Rosie is a very enthusiastic painter with a passion for mark-making, using countless layers of thick paint in her bright and colourful compositions. Like Susan, Rosie’s paintings have been in many group exhibitions, and she has sold work all over Australia. Link in bio – no, I am joking. Rosie’s fan base is huge, with people from all over the world following her on social media. I am also looking forward to Robbie Wales’s upcoming Seymour exhibition, where he highlights our wonderful natural landscape, because he guaranteed me I could not purchase any of his work on the weekend. These are just a couple of people from one program at one regional provider.
Across the electorate the number of lives being positively impacted by our disability providers is immense, and I thank them for their work. My time with the GO Art team was incredibly rewarding and truly demonstrated the necessity of these providers and the need to assist them in any way we can. The art program is just one of the many services that Goulburn Options offers, all of which have the intention of appreciating the individual capabilities of the people they serve. They offer a range of other services, including day programs that assist with independent living skills, vocational skills, recreation and leisure, health and wellbeing, social connections and community access, often through the form of fun activities. I am so appreciative that I was invited to witness firsthand the exceptional amount of care and service being provided by these local organisations.
Other service providers such as Yooralla are also doing amazing work across communities in my electorate. Yooralla has a community hub established in Benalla that has a strong educational and skill development focus, with links to the local community and surrounding areas. At their community hub Yooralla offers classes in creative arts, gardening, mindfulness, IT, drama, independent living skills and health and fitness, all of which we could probably do with here. These providers go out of their way to offer brilliant services to people with disabilities, catering programs to the individual and ensuring that the best possible service is provided. They work with customers to provide safe, supportive and interesting programs and work closely together with the NDIS. Projects like this are essential to our communities, particularly for those in regional areas without the same luxuries and accessibility as some metropolitan areas. Continuing to work to improve the operations of these providers is a priority for me.
In concluding on this bill today, I offer my wholehearted support for our amazing disability support workers and will continue to provide my backing for any piece of legislation in this house that will streamline and improve outcomes for those living with a disability in our region.
John MULLAHY (Glen Waverley) (18:22): I rise to speak on the Disability and Social Services Regulation Amendment Bill 2023. Firstly, I would like to thank the Minister for Disability, Ageing and Carers Lizzie Blandthorn in the other place and the department for all the work that has been done to bring this bill to the house. I would also like to acknowledge the earlier contribution from the member for Yan Yean and her passionate advocacy for her brother and her actions in supporting people with a disability. We know that disabled Victorians are some of the most vulnerable community members and deserve to have protections in place that work for them. That is what this bill is about.
Since 2018 we have engaged in a consultative process to review the Disability Act 2006. We are committed to making sure that our laws are fit for purpose, particularly that they are contemporary, so they can provide meaningful change for disabled Victorians. The Disability Act review has been progressed over three stages. The first stage was completed in 2019, and the second stage is currently being undertaken. This stage focuses on addressing the unintended gaps in legislative safeguards and is also looking at how to strengthen the rights and protections of those living with a disability.
I would like to acknowledge the importance of the stakeholder consultation that has occurred for this bill. This bill was informed by extensive community engagement, including the public consultation period in 2021; discussions with the expert Disability Act review advisory group formerly chaired by Graeme Innis AM, Australia’s former disability discrimination commissioner; and of course a wide range of groups across the disability sector and government.
This bill will amend the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021. All this ensures that we can strengthen the rights and protections for people living with a disability. This bill will increase safeguards and ensure better service coordination. There are now over 150,000 Victorians who are active participants on the NDIS. These Victorians are often vulnerable and already face difficulties and inequalities. That is why we have a responsibility to make sure that the NDIS delivers for Victorians and that it is able to provide a better deal for people with a disability and their families in Victoria.
There are over 1.1 million Victorians living with a disability. Last year we launched Inclusive Victoria: State Disability Plan 2022–2026. The government worked closely with advocates and the disability sector to develop a plan that makes Victoria more inclusive and accessible. In last year’s budget we allocated $15.1 million towards our state disability plan. This included $5.4 million which went towards the construction of 30 Changing Places facilities. Each of these Changing Places has a height-adjustable adult-sized changing bench, a tracking hoist system and enough space for two people. They are such great facilities that since the budget we have announced an additional 19 new fully accessible Changing Places bathroom facilities. These Changing Places are designed to make community spaces, including events and tourist locations, more accessible and inclusive for people with a disability. We know how valuable this is, which is why earlier this year, in March, we launched a new round of grant programs for these. I note that the grant applications are currently being assessed for the Changing Places.
I would also like to mention that as part of state disability plan we launched our public funding campaign Change Your Reactions. This campaign is aimed at promoting better attitudes and behaviours towards people with autism in our community. And of course we announced $2.4 million towards a new universal design grant program. This is to provide accessible infrastructure for people with a disability, which can help improve community and shared facilities. We know how important these services are to Victorians with a disability. In my local area we have seen the great results that great support can provide. The specialist school Glenallen provides incredible support for students from age 5 all the way to adults, and it has a huge range of services, including music, occupational and speech therapy as well as physiotherapy. I would like to give a special mention to principal Michael Cole, who is a great advocate for his students. I would like to thank the school for inviting me to present the badges to this year’s school leaders. I would also like to congratulate those leaders, Grace Lambrick and Alexander Gilbert, as well as the new vice school captains Destiny Pepper and Joshua Bond. The Andrews Labor government has invested in a three-stage upgrade to the school over the last four years that is due to open very soon. We have seen at this school the real-world impacts that this support can have, and that is why this bill is so important.
People with a disability deserve to live with respect and dignity and be able to access services. That is why the Andrews Labor government has been so committed to furthering protections for people with a disability. This bill also improves the services we provide by ensuring accountability around things like the NDIS and state-funded disability service providers. It will allow for additional categories for disability accommodation to be declared by the minister. This will increase transparency in allowing community visitors to inquire into the quality and standards of services provided by supported residential services to residents. The bill also amends provisions relating to restrictive practices for Victorians on the Commonwealth disability support for older Australians program.
An important element of this bill is amending the new social services regulatory scheme to ensure that it is properly protecting people living with a disability. I would like to especially note the need for safeguarding for our residents with a disability. We have all seen media reports about poor standards and care within supported residential services for older Victorians and Victorians with a disability. These stories are sickening and truly disheartening. Every Victorian deserves to be treated with respect, kindness and compassion. More safeguards will help address this and will hopefully make it a little easier for people living with a disability. One of these safeguards includes permitting authorised officers to enter bedrooms in supported residential services and disability residential services without consent in very limited circumstances. I would like to note that while this is important, there are several safeguards to ensure that this only happens when it is truly necessary. These amendments to the Residential Tenancies Act 1997 and Social Services Regulation Act 2021 will make important changes to the lives of people living with a disability. This is about fairness and making sure every Victorian has the right to feel safe and secure. There are also several changes to make processes more efficient, such as removing the duplicative process that current workers have to go through. This now allows national police checks to be recognised for workers as part of the NDIS delivery. These amendments to the Disability Service Safeguards Act 2018 are so important.
Another organisation in our electorate that does invaluable work for people living with a disability is the Cerebral Palsy Education Centre, CPEC. CPEC provides a range of speech pathologists, physiotherapists and occupational therapists, who make a huge difference in people’s lives. CPEC supports members by providing a location for sessions as well as catering to care at home, at child care, kindergartens, schools, universities and other community settings in order to –
The ACTING SPEAKER (Paul Hamer): Order! The time has arrived for the joint sitting to elect three members of Parliament to the Victorian Health Promotion Foundation and to elect three members of Parliament to the board of the Victorian Responsible Gambling Foundation. I will now ask the Clerk to ring the bells to call members to the joint sitting. The Assembly will resume after the joint sitting has concluded, and the bells will ring again at that time.
Sitting suspended 6:30 pm until 6:35 pm.
John MULLAHY: As I was saying, it was great news that CPEC received a $65,000 grant from the Suburban Rail Loop community grants project. This grant has been put to good use to create more disability mobility equipment storage, a specialised disability equipment library for families and pathways providing a covered outdoor sensory education area for children with cerebral palsy. Back in February I attended the sod turn with the Parliamentary Secretary to the Premier. I would like to give a special mention to their CEO Claire Cotter and the whole team at CPEC. On International Women’s Day I invited Claire to be at Parliament House to thank her for all the amazing work that she does.
Our community is better off when all levels of government – federal, state and local – are all working together with common goals in this policy area, so I would like to note the importance of the work that is currently being undertaken by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. This is looking into how we can better protect people with a disability from experiencing violence, neglect, abuse or exploitation. It is also looking more broadly at how we can promote a more inclusive society that supports people with a disability to be independent. This is an extremely important process, and I would like to note that the royal commission has already had over 8000 submissions and over 1700 private sessions have been held.
The Andrews Labor government has undertaken important work in protecting people with a disability; however, there is always more to do. This bill is another important step, and next year we will consider more significant and complex areas of the Disability Act 2006 as part of the next step in the Disability Act review. It will also ensure that there is further detailed consultation and ensure the review takes into consideration the recommendations from the disability royal commission, which are due to be released in September 2023. All of these are part of a larger plan by our government to help protect and promote accessibility for people with a disability. This bill is an important step in this journey towards a more inclusive Victoria. I commend this bill to the house.
Kat THEOPHANOUS (Northcote) (18:37): Today I rise in support of the Disability and Social Services Regulation Amendment Bill 2023. Those in the last Parliament would recall the Disability Amendment Bill 2022, which was introduced towards the end of last year but which lapsed before the election. At the time, that bill received bipartisan support in the Legislative Assembly, and I hope its revival here will be met with the same. Certainly, I was very happy to speak on that bill in the last term and lend my voice to the important reforms within it. I will do so again now, because as a government I believe we must do everything we can to build in better safeguards for Victorians living with a disability to improve the quality of services and supports and to take a leading role in changing attitudes towards disability.
The truth is that for centuries very little consideration has been given to disability inclusion, and the impact of that has been that it has effectively blocked out huge numbers of Victorians from wholly participating in our society. Things have started to shift. They started to shift around the introduction of equal opportunity and disability discrimination acts across the nation, but there is still a long way to go to embed the change that is needed to give people living with a disability the autonomy, respect, dignity and access that they deserve. As a government we comprehend the magnitude of that effort, and as the Andrews Labor government we will confront it.
People often make the mistake or have the misconception of thinking that disability is a niche issue only impacting a small proportion of people and not really affecting them personally. Yet around 20 per cent of our population, or 1.1 million people, are living with a disability in Victoria as we speak. That is one in five people. This bill is one of the key outcomes of the Disability Act review that commenced in 2018. It may not be a flashy piece of legislation that gets on the front page of the papers, but it is a priority reform for this government because its purpose is to ensure our legal frameworks remain modern, suitable and effect substantial change for individuals living with disabilities.
Through this bill we are amending several acts, including the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021. It incorporates all the amendments that were previously included in the Disability Amendment Bill 2022, notably clarifying the parameters for service providers in delivering residential and treatment services. It also ensures residential rights and protections for people living in specialist disability accommodation that do not meet the current definitions in the Residential Tenancies Act. The amendments also strengthen and clarify information-sharing provisions, reinforce safeguards and oversight for treatments and placement in residential facilities, clarify the roles and functions of the Department of Families, Fairness and Housing secretary and reduce duplication between the NDIS and the state-funded disability services. Like I said, they are nothing that will make the papers but are critical reforms that nonetheless are vital as we work to improve the system for the people who rely on it.
The bill also has some substantive amendments to social services regulation which are designed to better protect residents living in supported residential care. Sadly, we have heard, through the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and through our stakeholders and advocates, of instances in which vulnerable people are living in very poor standards of care, and this is not good enough. These residents are some of the most at-risk individuals in terms of abuse and in terms of maltreatment and neglect, sometimes with very little capacity to speak up for themselves. We have to do more to embed preventative safeguards, so this bill includes measures which will make it easier for authorised officers to inspect supported residential services and disability residential services to ensure people are getting the care they need in the safe and clean conditions that they deserve.
It is worth noting that these reforms have come about through extensive consultation and actively listening to people with lived experience, the sector, stakeholders, unions, advocates and carers, and I do want to take a moment to acknowledge those people in our community who dedicate their lives to supporting people living with disabilities. The disability support workforce do an extraordinary job caring for some of the most vulnerable people in our community, and I acknowledge the role of the Health and Community Services Union in fighting for better wages and conditions for these workers. I also want to reflect on the over 700,000 Victorians who provide care and support to someone they love every day in our state. These are Victorians who are nurturing and caring for a family member, a friend or someone close to them. They are giving of themselves with love and compassion, and they deserve recognition.
On that note I want to give my deep thanks to the work of a very special organisation that I have had the opportunity to get to know over the years, and that is Syndromes Without a Name, or SWAN for short. Heather Renton and her team do remarkable work supporting families with a child with an undiagnosed or rare genetic condition. These are situations where there is very little understanding of the child’s condition and there are no well-established treatments or support networks. SWAN works to guide families through an extremely difficult time in their lives, providing peer support, practical information and advocacy, and I cannot commend that organisation enough.
Our work to improve disability inclusion and disability equality is far from over and will require changes to our legislation, to our systems, to our infrastructure and, critically, to our attitudes. The Andrews Labor government has not wasted a moment in leading this change. Across education, health, transport, jobs and skills we are embedding reforms that will dramatically change the way our society approaches disability.
In my own community of Northcote our investments into inclusive schools have had a tangible impact as we work to make the physical infrastructure of our local schools accessible to every student, no matter their abilities. This year both Thornbury Primary and Westgarth Primary opened brand new inclusive play spaces, and it has been so heartening to see the students enjoying exploring and interacting with these spaces. Looking at these facilities, it is not obvious that they are anything other than just kids play spaces, but for the many children in our school system who do have a disability, they mean they do not have to sit on the sidelines watching their friends play.
Just a few weeks ago I was immensely proud to welcome the Premier to Northcote to show him around Croxton School. This specialist school, one of 80 in the state, has just wrapped up a $7.8 million major upgrade and is looking absolutely magnificent. I introduced the Premier to principal Bev Fegan, an outstanding leader in our community, and some of the senior students, who each told us about their studies and aspirations – everything from dance to hospitality. Students are now enjoying their new performing arts spaces, physical therapy areas, new bathrooms and a food tech cafe and kitchen for learning hospitality skills. They are a fantastic complement to the food forest garden we invested in at this school, now lush with fresh seasonal produce that the students use in their new kitchen. Their excitement is palpable, and we could not be prouder to support this exceptional school and every other specialist school across the state, each and every one of which we are upgrading. That kind of investment is unprecedented, and together with our $1.6 billion investment in disability inclusion across all schools it is transformative. Make no mistake, it only happens under a Labor government. Free TAFE courses in Auslan only happen under a Labor government. Changing Places facilities only happen under a Labor government.
There are too many projects and initiatives to speak about in detail, but I just want to note a couple more local ones for our community in Northcote. It is no surprise that the accessibility of our transport system can be a big barrier to people living with a disability. Across the Northcote electorate we are fortunate to have two train lines, two tramlines and lots of bus routes. Making them more accessible has been a priority for me, and I am very pleased to let the house know that the Andrews Labor government has significant commitments to introduce more level-access stops along the 86 tramline on High Street north of Separation Street, and we have funding commitments to upgrade both Merri and Thornbury train stations to deliver improved accessibility features. We have also wrapped up major projects like our level crossing removals in Preston, where two brand new stations offer full accessibility for commuters. For the many people living with disabilities or with low mobility, these kinds of upgrades will make the difference for them between staying put or getting to where they want and need to go.
But it is not just education and transport where we are reforming our state, we are investing in programs that provide tailored support and skills development and we are working to ensure new residential developments incorporate universal design principles. All of these things coalesce in our government’s work to make our state fairer for people living with disabilities. This legislation is absolutely part of that program of work, and I commend it to the house.
Dylan WIGHT (Tarneit) (18:47): I too rise to speak on the Disability and Social Services Regulation Amendment Bill 2023, and it gives me quite great pleasure to do so. I know I and those on this side of the house, and indeed I think everyone throughout this place and this Parliament, put it as an absolute priority to support people in our communities with disabilities, to support their rights and to create more services, and that is exactly what this bill aims to do.
The government previously considered these changes in 2022 to revise the Disability Act 2006, which lapsed at the end of the parliamentary sitting in 2022. The amendments to the Residential Tenancies Act 1997 (RTA) address urgent issues raised by stakeholders during consultation, including the residential tenancies commissioner and Victoria Legal Aid. People with disability who do not meet the Disability Act or Residential Tenancies Act definitions currently have no residential protections, and that is something that we think is incredibly important to change and something that we believe cannot continue.
As the previous speaker said, this bill amends three different acts – the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021, and it does so to bring about critical amendments that will increase rights and protections, strengthen safeguards, bring about better service coordination and clarify functions and responsibilities whilst eliminating duplication. The fundamental changes as part of this bill are a clarification of rights and duties for people subject to civil or criminal orders in disability and a clarification of parameters for service providers – our fantastic service providers in this space – so that they can better deliver their services, and it also ensures residential protection for people living in specialist disability accommodation (SDA) that does not meet current definitions in the Residential Tenancies Act. So it gives people out there living with a disability the rights that others already have and protects their rights as residents and tenants. There are some incredibly important changes, and some incredibly important work has gone into this bill.
There are several ways that the bill will aim to do this. It will clarify and strengthen the minimum standards of accommodation, maintenance and support that residents in specialist disability accommodation are entitled to. It will support staff, which is incredibly important. I would also like to give a shout-out to the Health and Community Services Union, the union that represents a lot of those workers, and acknowledge the fantastic work that disability support staff do in our great state of Victoria and indeed in my part of the world in Tarneit and Hoppers Crossing. It will also ensure hygienic living standards and adequate levels of equipment. In short, as I said before, it will give people living in disability accommodation the same rights as other tenants in Victoria.
The bill will also outline the process for resolving disputes between residents and service providers. The amendments will strengthen and clarify important information-sharing provisions by removing unnecessary barriers that hinder the sharing of critical information between service providers. It will also provide a clearer legal framework to protect the rights and interests of people with disabilities living in specialist accommodation, ensuring they receive the same level of protection and support as any other tenant.
The bill specifies that a disability service provider must provide support to a resident regarding the implementation of any plans and community access and provide advice and information and assist a person to comply with a direction, order or condition. It addresses gaps and clarifies the criteria and processes for compulsory treatment and placement in residential treatment facilities to support client and operational safety and strengthen clinical oversight of admission and extensions of admissions.
There are changes to key supported disability accommodation definitions that currently exclude people with disability from residential protections under part 12A of the RTA. The redefinition of ‘SDA-enrolled dwelling’ to ‘SDA dwelling’ will enable situations where SDA funding is not available for residents or where it is not possible for providers to enrol dwellings to be covered by the residential rights protections. The definition of ‘SDA resident’ is also being amended to include people who do not receive funding but are residing in group homes in SDA-enrolled dwellings and those who have specialist support and accommodation needs and are unable to access SDA funding, including those in group homes receiving TAC funding. The definitions of ‘SDA provider’ and ‘support plan’ are also proposed to be amended to reflect non-NDIS providers and support plans provided under non-NDIS funding agreements.
Of course, as you can imagine, this will have an incredibly significant benefit for so many people in my electorate of Tarneit, indeed in the suburb of Hoppers Crossing in Tarneit, that are living with a disability and that unfortunately at the moment may not be receiving the same residential rights as every other tenant. It means that in my electorate of Tarneit disability accommodation sites will have clearer guidelines and requirements to ensure that they provide the necessary support and protections to residents with disabilities, which is something that is incredibly important to me and I know will be incredibly important to my community as well as a whole.
The amendments in this bill also aim to ensure that there are no gaps in residential rights protections for people living in specialist disability accommodation. It will strengthen and clarify information-sharing provisions between service providers to ensure that critical information is shared effectively, which can help improve coordination and services for residents in disability accommodation sites.
Service providers like Scope, service providers like Claro, do fantastic work across both Victoria and my electorate of Tarneit. They make sure that supported independent living arrangements can be made for those with a disability. I would like to give a particular shout-out to those two organisations that do such fantastic work across Hoppers Crossing and Tarneit. Thanks to the amendments in this bill, we will be able to do even more fantastic work in supporting people with a disability in my electorate. They provide really high level support to residents in their group and individual homes in supported independent living. These arrangements are made in SDA dwellings across Victoria, including Melbourne’s west.
As I said, the proposed amendments will make sure there is clarity for both providers and of course residents of supported disability living. These services allow for independent living. Scope has helped so many people, including Jenny in my electorate of Tarneit, to live where they want. She sells her arts and crafts in the city now after being supported to be able to expand her hobbies. It is people like Jenny who benefit so much from this SDA support. This is why we need to make sure that we have every protection possible for those living in supported disability accommodation. I commend the bill to the house.
Kathleen MATTHEWS-WARD (Broadmeadows) (18:57): I rise to speak in support of the Disability and Social Services Regulation Amendment Bill 2023, a much-needed piece of legislation that will improve the lives of people living with a disability throughout Victoria. Out of the 6.5 million people that live in our great state, more than 1.1 million of them live with a disability. That is at least one in six people. Of these 1.1 million, one-third of them require assistance with at least one core activity – that is, self-care, communication or mobility. In fact the Broadmeadows electorate has over 7000 people who require assistance, the highest number in the state. People with disabilities are some of the most vulnerable members of our society. They often face significant barriers, including prejudice, to participation in many aspects of life, including education, employment, housing and social activities. They are at higher risk of poverty, social exclusion and discrimination, and I have seen this firsthand with family members with a disability and many friends with children with a disability.
As an adviser I had many conversations with carers and carer advocates and peak organisations across the state. I know that particularly for parents of children with a disability their number one concern is always, ‘What will happen when I’m gone?’ For this reason, and because it is the right thing to do and because Labor cares about people with disabilities, it is imperative that we seek to safeguard their protections and their rights, and this bill does just that. It will make sure that children with a disability can move into safe and dignified homes as they become adults, where there are safeguards in place to prevent abuse and neglect.
The Disability and Social Services Regulation Amendment Bill 2023 is the second part of a multistage approach to the Disability Act review, which has been underway since 2018. This bill will make several amendments to the Disability Act 2006 that will enhance access to services, safeguards, rights and protections for people with disabilities. Several proposed amendments to the Disability Act resolve to clarify the functions and powers of the Secretary of the Department of Families, Fairness and Housing. The functions of the secretary in relation to screening workers must be removed from the Disability Act, as the responsibility for screening NDIS workers –
The SPEAKER: Order! I am required under sessional orders to interrupt business now. The member may continue her speech when the matter is next before the house.
Business interrupted under sessional orders.