Tuesday, 16 May 2023

Bills

Disability and Social Services Regulation Amendment Bill 2023

Second reading

Debate resumed on motion of Jaclyn Symes:

That the bill be now read a second time.

Georgie CROZIER (Southern Metropolitan) (14:28): I rise to speak to the Disability and Social Services Regulation Amendment Bill 2023. This is an important piece of legislation that we are debating in the house this afternoon. It is largely non-contentious in terms of the aspects that the Liberals and Nationals have pointed out. We support reforming what needs to be reformed. My colleague in the other place Tim Bull has laid out the issues in relation to what the government has undertaken. I think everybody in this chamber supports the ability to get the right services to those most vulnerable members within our community.

I want to go back to 10 years ago, 4 May 2013, when the then Premier Dr Denis Napthine stood with the then Prime Minister the Honourable Julia Gillard and Victoria came on board and signed up to the national disability insurance scheme.

That was a very significant moment for this state, and I recall that very well. I had the privilege of being here at that time. The minister, Minister Wooldridge, worked with the Premier and their federal counterparts in terms of getting this important piece of reform across the country up and running.

We know that there have been issues, and this bill largely goes to addressing a lot of the duplication and working out some of those points where it needs to be made sure that we are not duplicating and that the services are actually provided to the most vulnerable, as I said. But the point I want to make is to remind the chamber, especially those who were not here in the Parliament at the time, that it was a very, very significant piece of reform that governments around the country came on board with. I will read from this article where it quotes the then Premier Dr Napthine:

As a person, as a family member, as a carer, as somebody who’s worked in the disability area, and as a politician, I’m very, very proud to be here today as a Victorian, with Victoria signing up to the full disability care system from 2019 and the lead-up to it …

It’s a great day for Victoria, it’s a great day for people with disabilities, their carers and their families. It is a day we can all be proud of.

Of course he said that because he had a son with autism, so he knew better than most about the difficulty of caring for and having somebody so close and dear to you with a disability. Indeed many of us in this chamber know or have family members who do have significant issues – some with more profound disabilities than others. So those members in this house and the other house will understand the importance of this piece of legislation as well.

What the legislation does is it amends the Disability Act 2006 in relation to the secretary’s functions under the act, the sharing of information about persons with a disability and persons subject to restrictive practices and supervised treatment orders, residential services, the compulsory treatment of persons with an intellectual disability and other related matters. I will just speak to that part of the bill, because as I said, this bill is important as the transition is continued through the NDIS. It will amend the Disability Act 2006, and I have just read out some of those functions that it will do. It will clarify that the secretary is only responsible for services that the secretary funds. When the Social Services Regulation Act 2021 commences next year, the majority of disability service providers will not be providing services funded by the secretary, and these amendments will reduce any overlap of legislative responsibility. Again, we are looking to not have duplication or not have an overlap of those legislative requirements, as I have stated.

It also does a number of other things. It gives powers to the secretary around land acquisition and the disposing of land for disability accommodation providers and other things, which is highly appropriate in terms of what this bill is trying to achieve, and it looks at improving information-sharing arrangements. That obviously is important in light of what some of those vulnerable Victorians and some of those providers are dealing with, the responsibilities of government and the secretary and having that ability to understand the issues around vulnerable Victorians who are part of this scheme. But there are obviously issues around those privacy components – and I spoke about that in the debate on the Health Legislation Amendment (Information Sharing) Bill 2023 – and unauthorised people accessing information under that piece of legislation that we debated a few weeks ago and also what we are debating now. There are amendments in this bill that will ensure that critical information can be shared when it is necessary and that the safeguards are in place. I do hope that actually transpires and that that very, very relevant information and very sensitive information in many ways is not accessed and shared inappropriately.

Amending the Disability Act does a number of other things around the compulsory treatment of persons with an intellectual disability, as I said, and that is also going to assist with dissolving the Disability Services Board and expanding the properties that community visitors can visit. Now that the majority of disability services have transitioned to the NDIS, the roles of the disability services commissioner and board have been significantly reduced and the board is no longer required.

There is a whole range of other points in this part of the bill that my colleague Tim Bull has spelled out very clearly. The second part of the bill goes on to amend the Residential Tenancies Act 1997 in relation to SDA-enrolled dwellings. That really goes to the point about removing barriers for residents of group homes provided by disability service providers to receiving rights under the Residential Tenancies Act. He went on to look at highlighting the bill that was presented in the last Parliament – this bill is basically the same bill with a couple of technical issues, and I will come to those – and the point that Mr Bull made was that the original objective of previous amendments to the Residential Tenancies Act was not realised, which the government said was due to unanticipated impediments for persons to access specialist disability accommodation providers under the NDIS. This appears to be an oversight by the government, but it is something that we are supportive of in correcting that oversight and ensuring that those barriers are removed. That slight amendment can make this bill more efficient so it will be working as it should.

The third part of the bill goes to the point about amending the Disability Service Safeguards Act 2018 in relation to registration requirements, and that will then allow the Disability Worker Registration Board of Victoria to accept an 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, so the amendments will reduce red tape for disability workers seeking registration. We know there is a shortage of workforce. We want to get rid of that red tape, we want to get rid of that duplication wherever we can, so amending that to make it more efficient seems a reasonable and commonsense approach.

The fourth part of the bill, to amend the Social Services Regulation Act 2021 – I should say this is the fourth main amendment, or change, to the bill – in relation to interviews and hearings for worker and carer exclusion scheme service users and powers of entry and other related matters, goes to really the only major change to the previous bill that was brought into the Parliament. This outlines a new regulatory scheme for social services which will take effect from 1 July 2024. This aspect aims to strengthen protections for those accessing social services.

The other part to this is around authorised officers and their ability to enter bedrooms of those who live in supported residential services and disability residential services without consent or a warrant. Of course this can be very contentious. These sorts of practices should only be used as a last resort. I hope, as the government has highlighted, that there will be significant reviews in place to ensure that any undue access or coercion or any other unacceptable behaviour that occurs through these authorised officer dealings will be taken into consideration. This is obviously going to be something the government will have to monitor very carefully and provide assurances that it is not being abused and that it is being used appropriately.

Again, obviously those authorised officers will have the ability to undertake that work so that they can ensure that this bill is working, that there is compliance, so those most vulnerable are actually receiving the care and services that they need and those accommodation facilities and those caring for those vulnerable people are also complying. So it is an important part of the overall monitoring and regulatory component for ensuring that the most vulnerable within our community are getting safe and adequate support. Although it is an increased power – as I said, we want to monitor that and see how that will evolve – we do understand that there does need to be some compliance and monitoring of that compliance so that those caring for the most vulnerable are complying with what the NDIS is intended to deliver.

I know that there was considerable feedback from various stakeholders that my colleague Mr Bull sought to get from them, and there was some strong support in relation to ensuring that there are robust quality safeguards for the disability sector. I think everyone agrees that we do need to ensure that those most vulnerable within the Victorian community are supported, that there are appropriate regulations in place, that there is proper compliance and monitoring, that those providers that are providing services and accommodation are doing what they should be doing and that those people with disability can have a very worthwhile, meaningful and high-quality life so that they can achieve to the best of their capacity and they can feel very much a part of the Victorian community.

As I said, it was 10 years ago almost to the day when the Premier of this state signed on with the federal government. There was a significant amount of goodwill to ensure that all governments got this right. Obviously there are issues with the NDIS at certain levels, but overall the intent is there, and this bill will only strengthen those provisions to ensure the most vulnerable Victorians can get the support and care that they need.

John BERGER (Southern Metropolitan) (14:43): I rise to speak on the Disability and Social Services Regulation Amendment Bill 2023. This is a fantastic piece of legislation that aims to enhance services, safeguards, rights and protections for people with a disability. This tells the story of a state that is modern, fair and informed on the needs of every single one of its constituents. This bill reflects wholeheartedly a government that cares about every single resident in this state.

This bill covers a range of amendments that will help reform disability and social services regulation legislation into the 2020s. Over the past decade it has become apparent that there are some changes that need to be made, as some Victorians are not given the chance they deserve, and this is not acceptable. The 1.1 million Victorians living with a disability deserve better, and that is exactly what this bill delivers. A tenet of the Andrews Labor government is that we listen to experts. We take on what they have to say, and that is just what we have done here. The Disability and Social Services Regulation Amendment Bill 2023 forms the second stage of the Disability Act 2006 review. The amendments being presented today are the second part of this review of the Disability Act 2006. The Disability Act review started in 2019 and will identify and address issues within our state’s disability legislation. Many of the amendments are informed by public submissions ranging back to 2021, collected by Engage Victoria. The outcome that this will achieve is a modern, strong and fit-for-purpose Disability Act that helps Victorians with disabilities for many generations to come, a Disability Act functionally written by Victorians with lived experience of a disability.

This bill is in some part the adoption of Inclusive Victoria: State Disability Plan 2022–2026. Inclusive Victoria is a review of Victoria’s disability legislation, concluding with a recommended four-year plan with six systemic reforms and four broad-based areas of commitment. The review is comprised heavily of community voices, the voices of people who know firsthand exactly what needs to change in our disability support programs – Victorians with disabilities. That mean that this legislation is heavily influenced directly by the exact people it seeks to help. To quote the foreword from the then Minister for Disability, Ageing and Carers, my friend in the other place Minister Carbines, ‘Victorians with disabilities deserve no less.’ The report covers many areas or aspects of lived experience of Victorians with disabilities, specifically what can be improved and how it can be improved. The plan offers a valuable guide to ensuring a path to a safer, fairer, more inclusive Victoria for Victorians living with a disability. The plan touches on six systemic reforms: co-design with people with a disability, Aboriginal self-determination, intersectional approaches, accessible communications and universal design, disability-confident and inclusive workforces and effective data and outcomes reporting. The plan has been co-designed by Victorians with disabilities, with findings and recommendations that this principle be used whenever policies, programs or services are designed. This is called a ‘nothing about us without us’ principle. This is the best way to ensure that disability policies, programs and services are informed as to the best course of action.

Aboriginal self-determination across all portfolios, policies and programs is essential. This goes without saying. Every finding in the Closing the Gap reports points towards better outcomes for Aboriginal and Torres Strait Islander people when they are allowed to run community and culturally informed programs, especially in fields like health.

Intersectionality is incredibly important when building services that are sensitive to the needs and experiences of people who will be using them. It allows for programs to be better informed and responsive to the overlapping disadvantages faced by many Victorians.

Ensuring that all communications are accessible and equitable is key to an effective policy, program or service. What would be the point of a service if groups of the people it was established for cannot even access it due to the communication barriers?

Inclusive workforces will be integral in creating a truly inclusive Victoria. For Victorians living with disabilities there are many educational measures workplaces should take, but none more effective than employing people with disabilities.

Finally, effective data and outcome reports mean that the relevant bodies can appropriately adapt and address measures taken to create a more inclusive space and know what is possible, what is working, what is not and how to achieve the best possible outcomes.

Additionally, the plan presents four commitments, with 22 priorities spread under each commitment. These four commitments are inclusive communities; health, housing and wellbeing; fairness and safety; and opportunity and pride. The Disability and Social Services Regulation Amendment Bill 2023 focuses mainly on fulfilling commitments 2 and 3 – health, housing and wellbeing, and fairness and safety. The bill is also informed by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. It showed that action needed to be taken, and that is what we are doing. This is a matter of wellbeing and safety, a matter of basic human rights.

This bill clarifies and strengthens safeguards for Victorians with disabilities, especially those in care. Further consultation on this bill has been widespread to ensure the best outcomes for Victorians with disabilities and those working with the disability service sector. Stakeholders who have also been consulted include the Victorian Civil and Administrative Tribunal, the Office of the Public Advocate, the Victorian senior practitioner, the Office of the Victorian Information Commissioner, the health complaints commissioner, Victoria Legal Aid, National Disability Services, the Victorian Council of Social Service, Carers Victoria and the Victorian Disability Worker Commission.

This bill is comprehensive, deserving this chamber’s support, which is important because it deals with some of the most vulnerable people in our state – people that we in this place and the other have the responsibility to ensure never fall through any of the cracks in the system again.

We have a responsibility to ensure that the government bodies are structured and supported in such a way that the opportunity for independence is readily available, and most importantly, we have the responsibility to ensure that Victorians with disabilities can thrive in all areas of their lives. As a responsible government, the Andrews Labor government does what the facts and the experts suggest is best for the community at large and the individual. The bill addresses several acts of Parliament at the recommendation of the Inclusive Victoria report. This includes, but is not limited to, the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021.

Where do I even start with this bill? It addresses screening, treatment, carers, education, housing and much more, and it is for the purpose of ensuring the Victorian legislation has clarity and is beneficial to Victorians with disabilities. Much of this bill is ensuring or solidifying the rights and protections of Victorians living with disabilities. The bill also sets out to provide a framework to improve the delivery of disability services in Victoria whilst addressing certain bureaucratic barriers that have negatively affected the swift, effective and helpful delivery and implementation of the NDIS and other disability services. We are going to update and modernise the disability services sector, improve it and make it fit to be used but without sacrificing the safeguards and the protections needed for a modern legislative framework. In line with requests from the community shown in the findings from the 2019 Disability Act review and Inclusive Victoria plan, we have taken a long, hard look at the Disability Act 2006 and found there are necessary changes that must be implemented for a fairer and safer Victoria.

This is executed within the bill in a variety of ways, including clarifying legislation regarding frameworks for sharing and seeking information; slimming down legislative duplication surrounding the requirements for the use and authorisation of restrictive practices used by registered disability service providers – NDIS and otherwise; clarifying the roles, responsibilities and functions of the Secretary of the Department of Families, Fairness and Housing; and many other amendments to deliver the modernisation and improvement of disability legislation in Victoria. Amendments to the Disability Service Safeguards Act 2018 alter the process by which a would-be employee applies to the Disability Worker Registration Board of Victoria. In accordance with recommendations and findings from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the amendments allow for a current NDIS worker’s clearance to be accepted as a satisfactory supplement for a criminal background check. This will cut the costs, putting money back into other areas of disability services whilst not sacrificing the safeguards for and safety of the NDIS service clients.

The role of the Secretary of the Department of Families, Fairness and Housing will also be better defined by amendments in this bill. It refines, defines and clarifies the roles and responsibilities of the secretary for families, fairness and housing. It limits the services that the secretary has power over to those services which are funded by the secretary. This will ensure that there is clarity over the exact responsibilities of the secretary. The secretary will be able to, using the information they will come across naturally in their role, advise the relevant ministry – in this case, the Minister for Disability, Ageing and Carers – on the relevant issues in families, fairness and housing. The secretary will also be awarded the right to acquire land for the establishment of a specialist disability accommodation dwelling and, depending on the circumstances, dispose of the said land without consideration.

On the topic of specialist disability accommodation, amendments will be made to the Residential Tenancies Act, which will provide much-needed clarity on the rights of those living in specialist disability accommodation. At this stage renters living in specialist disability accommodation and/or group homes exist in something of a legal twilight zone as they are not addressed in many of the express rights given under the Residential Tenancies Act. This bill will ensure such a predicament is a thing of the past, awarding renters in specialist disability accommodation the express rights they deserve.

This is compatible with one of the four commitments over the four years set out by the Inclusive Victoria state disability plan: a commitment to health, housing and wellbeing. Additionally, this legislation extensively covers restrictive practices on people either in the care of a disability or NDIS service or in the Disability Support for Older Australians program. The second public hearing of the royal commission identified restrictive practices as one of the key drivers of forms of violence, abuse and neglect used on children with a disability, and we have learned over the last decade that abuse and negligence is a real threat to our loved ones who are in care. This is entirely unacceptable, and our legislation should reflect efforts that stamp out any kind of risk or harm to NDIS, DSOA or disability services clients. Thanks to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, these stories can be used to understand how to improve our systems and our institutions and how they can make sure we can create strong legislation to avoid repetition of this abuse.

This bill, under amendments to the Disability Act 2006, seeks to centralise the appointment of the APO, or authorised program officer, to a Victorian public practitioner. This is to minimise the confusion and costs caused by the NDIS and non-NDIS APO appointments falling under different authorities. The primary role of the authorised program officer is:

to promote the reduction and elimination of the use of restrictive practices by disability service providers and registered NDIS providers to the greatest extent possible …

so it is possible to ensure that the assignment program is efficient and effective. This will be achieved by this amendment without sacrificing safeguards that protect the users of these respective services. It is essential that state governments effectively aid the delivery of the NDIS service.

The national disability insurance scheme is another important Australian program, and I believe it goes to the core of what it means to be Australian: making sure everyone gets a fair go. It is the duty and responsibility of each and every state government in Australia to assist and strengthen the delivery of the NDIS and the NDIS service in their respective states. With new advantages being made by the federal Minister for the National Disability Insurance Scheme every day, it is important that state governments keep up for all Australians with disabilities. I am proud to say that the Andrews Labor government is committed to a smooth, strong and efficient delivery of the NDIS within Victoria.

The bill also includes countless minor amendments to the Social Services Regulation Act 2021 to ensure the effective operation and update of the regulatory scheme. This is all about ensuring Victoria has an effective, robust and compassionate framework for disability services and NDIS services, a framework that does not sacrifice the safety of its users nor sacrifice their dignity. (Time expired)

Melina BATH (Eastern Victoria) (14:58): I am pleased to rise this afternoon to speak on the Disability and Social Services Regulation Amendment Bill 2023, and I note that my colleague Ms Crozier has put on record our position of ‘not oppose’ for this bill to travel through the house. Indeed I would like to thank my colleague and member for Gippsland East the honourable Tim Bull for his dedication in this space and the work that he has done in providing some commentary to me and some analysis with the key stakeholders and peak bodies.

The purpose of this bill is, as most do, to enact changes within a number of acts. It amends the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021, and it makes consequential amendments to other acts. This is a bill that lapsed back in the previous Parliament, and it has been slightly workshopped in order to be presented today in the upper house. It is really around safeguarding those frameworks and strengthening safeguards and protections for our most vulnerable people, those people who may not be able to stand up and fully verbalise their needs or their concerns about treatment in a variety of capacities. In this space – and we heard both Georgie Crozier and the Labor member speak about the NDIS and the important reform that occurred almost a decade ago now – this bill then really takes on some of those state services that are still transitioning towards the NDIS.

In doing so we have heard – and I know my community has heard – the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. The royal commission really has been over a number of years a very important listening tool. As a royal commission should, it has heard from a breadth of communities, individuals and organisations, and I say this in the context of this bill, because that royal commission should be and will be producing its final report in September of this year. There is an argument to be put that the government should have contemplated at least having synchronicity with the recommendations from the royal commission. Very important recommendations are going to fall out of that royal commission. What about leaving this bill until that September time period, only six months away, and providing greater alignment in terms of these safeguards and incorporating any recommendations from that very important report?

I know in terms of the royal commission there were constituents who I have worked with and who have spoken with me many times, when it came to the Latrobe Valley, who provided evidence to the royal commission about their particular issues. It was very concerning for them and the children who they were in charge of and had encountered, and they just felt a great sense of frustration that the Andrews government was not listening to the compelling arguments that they were putting forward. Indeed I know that there are certain cases before the commissioner for children and young people. I am highlighting this because families often feel that they are not listened to or that there are just barriers to an understanding of their condition and to the very important work that needs to be done in the disability sector, and quite often every day is a very challenging day for family members of people with disability. They need to feel that government is listening, and they need to feel that there is a way forward for their particular issue.

This bill does address many important issues around safeguards, and I will just touch on a few of them now. It aligns state services better with the NDIS, and it removes those discrepancies, so it is trying to harmonise the services within the NDIS and improve practices around supervised treatment orders. Supervised treatment orders are quite a topical and contentious issue. As we know, they should only be a last resort in order to protect the person themselves and potentially those around them. But I know that there needs to be supervision. There needs to be a structure that enables the authorised officers, whoever they be, whether it is a teacher or a support worker or a disability worker, to know what they can and cannot do so that they feel comfortable working in that space but also so that loved ones know that the activity, the restraint, is not overburdening and is not compromising health or wellbeing. Clarity around those rules and education within this space is really important, and I hope the government then really conveys the improved practices throughout the disability sector so that everything is clear and on the table.

The bill also updates information-sharing opportunities for improved safeguards. Indeed there is always a balance that needs to be held between that information-sharing ability, so there is better service delivery and a better outcome, whether in terms of health or residential conditions, and the privacy of the individual. All Victorians, whether we are able bodied or not, need to have that level of privacy as well. There needs to be that balance.

The bill also disbands an obsolete Disability Services Board. It expands the role of the community visitor program, and I think that is something that we could all certainly agree with – the need for community connection to feel valued, to have social interaction – so an expanded role is very important.

The bill also improves the tenancy safeguards for people with a disability and removes those barriers to residents of group homes provided by disability service providers receiving the same rights as others under the Residential Tenancies Act. One of the things that I do regularly hear about across Eastern Victoria Region is the lack of affordable homes, and this is certainly the same for the disability sector as well. I know my colleague Tim Bull made some comments in his contribution in the lower house about the need for more disability beds and disability homes so that people, whatever their needs, whatever their particular position, can feel that if they can live independently, then there is a home for them and that if they need to have a very supervised and safe environment, there is a home for them.

The bill also clarifies the role of the secretary as being responsible for the state services, so it really clearly defines the role of the secretary and provides greater oversight in terms of inspection powers for those living in supported residential services. Again, we want to ensure that people living in those services and their families know that there is a level of comfort there and that there is a greater level of oversight so that people can certainly go about their business where they can but are protected and there is oversight of that.

The other part of the bill allows the Disability Worker Registration Board of Victoria to accept NDIS clearance in lieu of a criminal history check. Again, we need to have the rigour around the right people working in this sector with the appropriate qualifications, but we do not want onerous duplications of paperwork for the sector workforce, so hopefully this will tidy that up. The bill also removes the barriers to residents of group homes provided by disability service providers receiving rights under the Residential Tenancies Act.

In terms of my Eastern Victoria Region, I would like to just reference some of the fantastic disability service providers, and there are multiple and many: Aurora; Melba Support Services; Interchange Gippsland, which I have had the pleasure of working with over many, many years; Headway Gippsland; Yooralla; Scope; Cooinda Hill; Statewide Autistic Services; Daily Living Disability Services – and indeed during the Christmas parade in Traralgon, the day after the election, I had a fantastic time when I sponsored a Daily Living Services participant to really enjoy the parade, and I am sure I got far more out of it than they did, but it was a fantastic event and really good to hopefully put a smile on many people’s faces; Gippsland Support Services; Latrobe Valley Enterprises – they are a long-running institution that does amazing work, and it is always a pleasure to go and visit the various activities that Latrobe Valley Enterprises have; Maxima; Wellways; Bass River Country; Gippsland Total Care – and I could keep going on.

It is really important that we serve our community and we serve them well in the disability sector. It is also important that we create those safeguards in a streamlined way. I am concerned because this bill could have been delayed further until the royal commission recommendations come out, but having said that, we certainly take a not-opposed position and thank everybody who works in the disability sector for all their care, professionalism and kindness and the joy that they receive working in the sector while also certainly supporting the government to ensure that there are safeguards around participants, workers and their families.

Ryan BATCHELOR (Southern Metropolitan) (15:10): I am very pleased to contribute to the debate on the Disability and Social Services Regulation Amendment Bill 2023. We know that every Victorian has the right to participate fully in all areas of life. Around 1.1 million Victorians live with a disability, and we are working to make Victoria a safe and accessible place for them to live and work and learn. As others in the debate have been discussing, we are obviously doing so in a vastly different context now that we have a national disability insurance scheme, which certainly reshaped the disability service landscape in this country. We all I think collectively have a responsibility to ensure that the national disability insurance scheme delivers on its promise to provide a better deal for people with a disability, their carers and their families.

As I mentioned in my inaugural speech to this Parliament, one of my proudest professional moments was working under the last federal Labor government to help establish the NDIS. A lot of work was put into that by a lot of people over an extended period of time. The NDIS certainly revolutionised disability care and support in Australia. One of the things that I think everyone clearly now knows the NDIS has done is certainly to revolutionise the service offering that exists for people with a disability here in Australia with the massive expansion of services and supports that are available. It has obviously done that on the back of a much-needed injection of funding, which has seen significant increases in the amounts that governments across the nation are putting in to support people with disability.

I think in all the debates about services and funding we sometimes miss, I think, what was one of the more fundamental things that the NDIS did, which was to put human rights based principles and a human rights based approach at the core of how we think about disability services here in Australia. Certainly in the conversations that we had in the early days of policy development thinking about the shape and nature of what has become the NDIS, a rights-based approach to thinking about disability services was very, very important, particularly to the people with disability who were part of that journey with us. It was very clear in those debates that not only did people with a disability want to be seen and heard but they wanted to be part of decision-making about issues that affected them. The fundamental principle at the core of the NDIS is one of choice and control for people with a disability. I think with all the debates that we have subsequently, we cannot lose sight of that fundamental point.

I want to as part of that discussion just reflect on a contribution that was made in a very early and I believe very influential report released in 2009 by the National People with Disabilities and Carer Council, which was chaired by Rhonda Galbally. The report was called Shut Out: The Experience of People with Disabilities and Their Families in Australia, and it was describing the service system that existed hitherto. What Rhonda says in the preface to that report describes the consultations that she had been involved with in the context of that report:

What I heard was both intensely moving and profoundly shocking. We live in one of the wealthiest countries in the world and yet all too often people with disabilities struggle to access the very necessities of life – somewhere to live, somewhere to work. All too often they are unable to access education, health care, recreation and sport – the very things most people in the community take for granted. They are denied access to kindergartens, schools, shopping centres and participation in community groups. They are often isolated and alone. Their lives are a constant struggle for resources and support.

Rhonda goes on to say in the preface:

But the consultations and submissions also showed that people with disabilities are determined and strong. They have fought hard to achieve their goals. They have refused to take no for an answer.

I think in the context of this debate today those words still ring true. Obviously the NDIS and the investment that governments and the Australian people through their taxes have made to support people with disability has been changing the lives of so many, but still there are issues that we need to address. There are ways that we need to improve our service system, and hopefully we as legislators can help to achieve that task. We know fundamentally that the NDIS is far from perfect and that the hope and the vision of a decade ago were subject to potentially different ways of being developed and implemented under the former federal coalition government than we may have envisaged at the time. Hopefully what we have now in Canberra with Minister Shorten at the helm is a real driving commitment to make sure that the national disability insurance scheme can work as it was intended for those who it was intended for.

Obviously the concept of rights being very important to our disability framework is fundamental also here in Victoria, and that is why we have launched the state disability plan, Inclusive Victoria. This legislation that we are debating today is an important part of that plan. It will increase residential protections for Victorians in disability accommodation and strengthen quality and safeguards in services for people with disability. Victoria makes a significant contribution to the NDIS – around $2.9 billion – and around 150,000 Victorians are active participants in the scheme. Following the launch of the state disability plan, $15 million was allocated in the last state budget to help implement the plan. Just over a third of this, around $5.5 million, is earmarked for 30 Changing Places facilities. These Changing Places facilities have height-adjustable, adult-sized changing benches with a tracking hoist system and enough space for two people. They are a very important and practical part of making our community spaces, whether they be popular tourist destinations or event spaces, more accessible for people with disability. It just shows how Victoria is leading the way. Half of all the accessible Changing Places facilities in Australia are located here in Victoria, and it is one of the ways we are working to create a more inclusive and accessible place for everyone.

We have also funded a public education campaign to help promote better attitudes and behaviours towards people with autism through the Change Your Reactions campaign. Last year $2.4 million was announced for 27 universal design grants to improve the accessibility of public spaces and community facilities. Our government has also invested approximately $630 million in services for people with a disability across a range of portfolios. It is all part of our plan to make Victoria a safe, inclusive and accessible place to live.

The amendments included in this bill offer increased rights and protections as well as improved services for some of our most vulnerable citizens. People living in residential services are often vulnerable, and we do have a responsibility to ensure that they live safe and fulfilling lives. The bill clarifies residential rights and duties for people subject to civil and criminal orders in disability residential services and parameters for service providers in delivering residential and treatment services. The bill also ensures residential rights protections for people living in specialist disability accommodation that currently do not meet the definitions in the Residential Tenancies Act 1997.

Restrictive practices are things that do need to be monitored, and we need to ensure there is accountability for those who use them. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has heard shocking evidence about a range of practices in the disability sector as well as evidence about a tripling of reports for unauthorised restraints used in the year 2020–21. The government has been listening. We are listening to people here in Victoria, such as Victorian mother Dariane McLean, who spoke about her son being prescribed psychotropic drugs by a locum doctor in a residential home. His parents were not informed until after the drugs had been administered, and he was kept in a caged area in a group home and labelled as an escape risk.

The bill, importantly, increases the accountability of those who use such restrictive practices and adds consistency to the approval requirements for the use of restrictive practices for both NDIS- and state-funded disability service providers. The bill makes it an offence for a registered NDIS provider to use restrictive practices or compulsory treatment on a person without appointing an authorised program officer who will be able to approve restrictive practices.

It also clarifies the criteria and processes for compulsory treatment and placement in residential facilities to support client safety and strengthen clinical oversight of initial admissions and the extension of existing admissions. Many of these amendments were included in bills that were introduced into the last Parliament and received our support in the Assembly before lapsing at the end of the parliamentary sittings, and it is important that we reintroduce many of these measures through this bill today. However, there are some new additions to the bill – in particular, changes to the social services regulatory scheme to ensure it protects vulnerable service users. Protecting residents and ensuring appropriate safeguards for vulnerable citizens are paramount in the bill. The amendments balance residents’ rights with the need to ensure that they are not being improperly influenced by proprietors to prevent an inspection and the need to ensure that residents are receiving appropriate care. Authorised officers will be able to enter rooms in supported residential services and disability residential services without consent in limited circumstances, and there are safeguards to ensure the limited use of these powers, always with a focus on the rights and safety of residents.

The disability royal commissioner and the public advocate have both spoken extensively about poor standards of care for vulnerable people living in supported residential services. Under the NDIS we have seen an explosion in different forms of disability accommodation, many of which sit outside the remit of state-based independent monitors to check for signs of abuse, neglect or assault, and data collected by the Office of the Public Advocate in the year to June 2022 shows an increase in suspected incidents across a wide range of abuse measures. So to address this we are extending the ability of community visitors to be some independent eyes and ears for all people with disability who are vulnerable to abuse. Appropriate safeguards for vulnerable residents are a key focus of the bill, and entry powers such as the one that I have spoken of are subject to multiple safeguards.

The bill also introduces safeguards in relation to mitigating any negative effects when interviews or hearings involve children in out-of-home care under the worker or carer exclusion scheme. These provisions are modelled on the reportable conduct scheme and the child safe standards scheme. Last year the government introduced the Disability Amendment Bill 2022 to increase residential protections for Victorians in disability accommodation and strengthen the quality of safeguards and services for people with disability, and this bill incorporates all of the amendments that were previously made to the 2022 bill and includes important additional changes to support the effective operation of the new regulatory framework for the Social Services Regulation Act 2021. So this is one but a very important part of our commitment, the government’s commitment, to supporting some of our most vulnerable citizens through our Inclusive Victoria plan.

Before I finish I did want to take a short moment to particularly thank all of the exceptionally hardworking staff who work with people with disability in disability services. They do an outstanding job – tireless, dedicated, compassionate – and without these disability service workers, some of the most vulnerable people in our community would not be able to live the independent and fulfilling lives that they have a right to. The work that is done in partnership with people with disability, supporting them to be able to fully exercise their right to live the kinds of lives that we all deserve to be able to, is really a shining example of what great service delivery is all about, and I want to particularly thank those workers for the work that they do. Their work is appreciated by the community and by the government. This legislation is another step in ensuring that Victoria is safe, inclusive and accessible for everyone. It is a strong signal of this Labor government’s commitment to improving the services that people with disability experience here in Victoria. It remains committed to their fundamental human rights, and I commend this bill to the house.

David ETTERSHANK (Western Metropolitan) (15:25): I rise to speak to the Disability and Social Services Regulation Amendment Bill 2023. The Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 followed the first stage of the review of the Disability Act 2006, enabling the transition of many Victorians with disability from state-based services to the NDIS. This current bill represents stage 2 of the review and addresses areas of concern flagged by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, as well as other disability advocacy bodies, around the rights of residents living in supported accommodation. The bill clarifies the reasonable expectations of residents living in a residential service and what they can expect of service providers delivering residential and treatment services. The bill also strengthens the community visitor program and, most importantly, clarifies existing offences relating to restraint and restrictive practices. As such, Legalise Cannabis Victoria welcomes and will be supporting the bill.

Evan MULHOLLAND (Northern Metropolitan) (15:26): I rise to echo the statements of my colleagues Ms Bath and Ms Crozier. I thank them for their thoughtful contributions to this debate. These amendments provide better regulatory alignment with the NDIS, cutting down the complexity of regulation across two tiers of government, and streamlined processes. This is the kind of sensible reform that Liberal governments in this state and around the country are renowned for. It is good to see this philosophy of streamlining regulation being taken up by those opposite. We are also supportive of this bill’s improvements in standards for people with disability around tenancy and communication around treatment plans and treatment orders. We want to revisit these reforms once the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability reports back later this year to ensure our legislation remains fit for purpose. Nonetheless it is good to see the starting steps of reform being debated now.

In a past life I was an adviser to Senator the Honourable Mitch Fifield, who held the disability portfolio in opposition and in government and was responsible for many achievements in the disability space, and it is incredible through this journey, speaking to old friends in the disability and carers community and stakeholders, to hear how warmly they still speak about Mitch and his time in that portfolio and what he was able to achieve. It is important to recognise I think the great steps forward in providing disability services by that Liberal government. I can remember back in 2014 there was an independent review commissioned of the NDIS by the National Disability Insurance Agency. We have come a long way since then, but that review assessed the chaotic state of the rollout and how it was handled by the Rudd–Gillard–Rudd governments. They assessed the NDIS as being:

… like a plane that took off before it had been fully built and is being completed while it is in the air.

I know this because I was there at the time. We saw the Labor Party more focused on winning marginal seats and rushing administrative trial sites and offices into target electorates first rather than getting the program up and running properly to deliver for Australians living with a disability. I do think the former federal government did get the NDIS on the right path and enabled the most successful scheme in our history to look after disabled Australians and for them to live their lives to the fullest. If not for their tireless work, we would not be in a position to be able to move our state to a national standard.

I still believe firmly that there is more work to do, and I think on a personal level that it is right for the minister Bill Shorten to float the idea of reform to shave billions off the NDIS’s rapid growth trajectory. I credit him because it is up to mature, sensible politicians to have a reasonable discussion about how we make sure this scheme is fit for purpose and sustainable in the long term. We owe people with disability no less. I note that the federal government hopes to save another $59 billion over the seven years to 2034, taking the total savings to $74 billion over a decade, and I support and welcome that the minister Bill Shorten is moving on that path. I just kind of bemoan that a sense of bipartisanship about the unsustainable growth trajectory of the NDIS was not forthcoming from the federal Labor Party when in opposition. They, at any glimpse of similar reform floated by the former coalition government, would threaten and actually run campaigns about Liberal cuts to the NDIS rather than acknowledge a shared belief in the scheme and goodwill on all sides to make sure the NDIS is sustainable going forward and into the future.

I was very pleased to have been involved in the name change back to the NDIS. It used to be called DisabilityCare. It was changed to that by federal Labor after spending hundreds of thousands of dollars on focus groups. It was seen as patronising to many people with a disability and did not reflect the intent of the scheme, which was to put individuals in charge of their own care and services. People with a disability do not want so much to be cared for as to be supported and be as independent as they can.

Consulting with National Disability Services, the peak industry body for non-government disability service organisations, it is clear that the bill is a step in the right direction. However, there is still a long journey ahead before our regulatory environment for disability services is where it needs to be. We need a high-quality disability services environment to protect the safety and rights of people with disabilities, but the current mix of state and national requirements and authorities is complex and confusing for many service providers and will remain confusing despite the small steps taken in the bill. We are not going to allow the perfect to be the enemy of the good, but we call on the state government to not see this as a one-and-done kind of reform but as an ongoing reform process in this space that delivers for disability providers, Victorians with a disability and their carers. Service providers are calling out for much better alignment of state and national disability safeguard requirements to lessen the administrative burden – to cut red tape, which I am a big supporter of. It is important that there is oversight, and it is important to remind ourselves that box ticking for the sake of box ticking has never done anything to help people with a disability.

I would think that this was a statement of the obvious, but for some in this Labor government it does not seem to be. That is because we have received a lot of concerned feedback from service providers about the new state regulatory scheme for social services, which comes into effect from July next year and which may actually duplicate some areas. We will have new registration and accreditation schemes, and our feedback indicates that some service providers may choose to leave the disability care sector and these areas altogether rather than engage with yet another scheme. So as I said, this bill cannot be a one-and-done reform. We must always look to further reform in this space to cut that regulatory burden but also lower the administrative barriers for disability assistance for people with disability and for their carers and get on with delivering to those in our communities who need it most.

Sheena WATT (Northern Metropolitan) (15:35): Thank you so much for the opportunity to speak today on the Disability and Social Services Regulation Amendment Bill 2023, which is a bill that enhances services, safeguards, rights and protections for people with a disability in our state. The Andrews Labor government genuinely cares about supporting people with a disability. We engage, we listen and we take action on the issues that people with a disability have identified as areas of need. This bill reflects our ongoing and longstanding commitment to supporting people with a disability not just through platitudes and hand-wringing but through real, genuine action.

The Andrews Labor government has committed to a more accessible state. This is reflected in our four-year state disability plan, Inclusive Victoria, which is a plan for an inclusive, accessible and safe Victoria that upholds the rights of people with a disability, celebrates our diversity and pride and expands our opportunities to belong and to control our lives. The Andrews Labor government launched that plan last year, and we worked closely with the sector and advocates to develop it. It will help make Victoria the most disability-inclusive community for the more than 1.1 million Victorians living with a disability.

Can I take this opportunity to acknowledge the hard work of carers, whose dedication in supporting individuals with disabilities makes a real difference in their lives and the lives of those around them. Being a carer is an often thankless task, and your compassion and kindness often goes unrewarded and unnoticed, but I take this moment to assure you that our government sees you. I want to say thank you for your work. I certainly appreciate you all.

There are of course so many wonderful organisations full of wonderful, wonderful workers that make the lives of people with a disability more enriched and fulfilled. I cannot name them all, despite my best wishes to, but I will take a moment to acknowledge the work of Merri Health in my community in the Northern Metropolitan Region. As members of this chamber may recall from my previous contributions, I have a long and deep respect for the community health sector. Merri Health provides a range of critical health services to our community, including the Carer Gateway. Carers, especially carers for people with a disability, have for too long not had the supports around them to be the best carers they can be, and I know that is what so many carers in our community aspire to. I know all too well the burdens that our carers face, and I will take a moment to acknowledge young carers in particular. I know that the work of Merri Health continues to ensure access and support for our valued carers and is worth every single dollar that we spend – not only us, but also our friends in Canberra. To the workers at Merri Health, thank you for doing what you are doing to ensure fairness and dignity for people with a disability and to the carers supported right across our state by the good work of Merri Health and their Carer Gateway. Thank you so much to you.

Of course it is not the only community health service, it is just the one that I am most familiar with through their work across the Northern Metropolitan Region. My fellow members for Northern Metropolitan Region – there are a few of us here in the chamber right now – will also know the good works of Your Community Health, DPV Health and of course Cohealth, just some of the stellar community health organisations supporting the good people of the Northern Metropolitan Region. There are of course many other community service providers in the northern suburbs. I will note also that the workers in those organisations are often members of the mighty trade union movement and of course the Australian Services Union. Your work is essential, it is important and it changes lives for the better. As a former ASU member in the community sector I know very much firsthand the amazing work of this union and want to give a big thankyou to you for all that you do in representing members. I know, because they represented me as a community worker in the northern suburbs.

There is of course a moment for reflection when looking to the 2022–23 state budget that is worthy of some consideration here in the chamber today and the funding of the disability sector in particular. Under the state disability plan the Andrews Labor government invested $15.1 million in funding in that state budget. Of that, $5.4 million of funding was provided to construct 30 Changing Places facilities. Each Changing Places facility has a height-adjustable, adult-size changing bench, a tracking hoist system and enough space for two people, making community spaces, including popular tourist destinations, and events even more accessible for people with disability. We also announced around $3 million to build 19 new fully accessible Changing Places bathroom facilities, meaning that we now have half of all Changing Places facilities in our whole country. This is what we mean when we say that we want this to be the place for accessible options for people with a disability.

There is the universal design grants program, which provided accessible infrastructure grants to improve access at community facilities. Last year $2.4 million was announced for 27 universal design grants to improve the accessibility of community facilities and public spaces. In addition to these actions within the disability portfolio, the Report on Government Services highlights that the Victorian government invested $630 million in services for people with a disability. As part of our commitment to supporting those with a disability, Victoria contributes around $2.9 billion – that is $2.9 billion, worth repeating – to the NDIS. Now there are over 150,000 Victorians who are active participants in the scheme. Victoria is of course working closely with the Commonwealth and other states and territories on how to sustain and improve the NDIS.

Last year on 2 August the government introduced the Disability Amendment Bill 2022 to increase residential protections for Victorians in disability accommodation and strengthen quality and safeguards in services for people with disability. The bill received bipartisan support in the Legislative Assembly before it lapsed at the end of the 59th Parliament. The Disability and Social Services Regulation Amendment Bill reintroduces those reforms as soon as is reasonably possible to enable parliamentary passage. The bill is one of the key outcomes of the Disability Act review which has been underway since 2018. It is a priority government reform aimed at ensuring our legislative frameworks are fit for purpose and contemporary and create meaningful change for people with disability.

The bill amends the Disability Act 2006; one that I am quite interested in, the Residential Tenancies Act 1997; the Disability Service Safeguards Act 2018; and the Social Services Regulation Act 2021 to bring about critical amendments that will increase rights and protection, strengthen safeguards, bring about better service coordination, clarify functions and responsibilities and reduce duplication. The bill incorporates all the amendments that were previously included in the Disability Amendment Bill 2022 and includes additional time-critical amendments to the Social Services Regulation Act 2021 to support the effective operation of the new regulatory frameworks commencing on 1 July 2024. There are still a small number of minor and technical variations to provisions in the previously introduced bill but no changes in the policy.

We know it is also important to people with a disability to be part of the decision-making process, and this bill has been informed by extensive consultation during the development of the Disability Amendment Bill 2022, including submissions received through the public consultation process in 2021 and engagement with the expert Disability Act review advisory group chaired by Graeme Innes AM, Australia’s former disability discrimination commissioner. Knowing of his work, can I just say that that does fill me, and I am sure many advocates in the community, with such confidence. Of course there was a targeted consultation that occurred across the sector and government to support that work further. Stakeholders are in broad agreement around the proposed reforms, and the Andrews Labor government will work closely with people with disabilities, families, carers, frontline workers and disability providers to assist in the implementation of these changes.

A comprehensive communication plan will include some fact sheets and guidelines, emails to stakeholders and uploaded information to the department’s website. Look, there is so very much more that we could talk about when it comes to this bill, but it is worth knowing that this is not the only piece of reform we are doing in the area of disability support. I know that the work is enormously complex and very, very significant, and it is planned to be considered next year as part of the next stage of the Disability Act 2006 review. This will enable more time for detailed consultation with the public advocate – a role just so important in developing good public policy in our state – and other key stakeholders, as well as enabling the review to be informed by recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability to be released in September 2023. Whether it is workers, carers, people with a disability, experts or researchers, so much time, expertise and lived experience have gone into the disability royal commission as it has travelled all around our fine nation. I for one – and I am sure others here in this chamber – look forward to the findings, with the final report of the disability royal commission to be released later this year. I am hopeful that the federal government will work with state governments to see the vision of that work and the enormous, enormous efforts of the disability royal commission taken up right across our country, and most certainly here in our state. I know this work is deeply significant to our government and deeply significant to our minister, and I would like to take a moment to acknowledge her work and thank her for all that she does. Working with people experiencing vulnerability can be an enormous burden, and I just want to acknowledge that.

I know that this of course is just some of the work we are doing to support people with a disability right across our state. I began by talking about what the Andrews Labor government is doing to support people with a disability to achieve a more inclusive state – a state that supports people with a disability. With this bill, titled the Disability and Social Services Regulation Amendment Bill 2023, we will undoubtedly make Victoria a much stronger community, having listened to and implemented a range of changes that will very much impact not only the lives and the lived experience of people with a disability and their carers, families, loved ones and workers, but also the lives of those people with a disability who are yet to come to our great state.

There are more speakers to join us here in the chamber, but thank you very much for the opportunity to speak today on the Disability and Social Services Regulation Amendment Bill 2023. I will end as I began, by thanking people with disability for their incredible commitment to making Victoria a better place and for very meaningfully engaging in this work.

Samantha RATNAM (Northern Metropolitan) (15:49): I rise to speak in support of the Disability and Social Services Regulation Amendment Bill 2023. This bill is substantially the same as the Disability Amendment Bill 2022, which lapsed at the end of the 59th Parliament. The Greens are pleased to see this legislation brought back for debate this year. We know that improving disability rights and services should be a priority for all governments but that too often people with a disability are denied the same rights as non-disabled people and continue to experience discrimination, violence, abuse, neglect and exploitation. Too often we hear from constituents who are unable to access the support services they need, who are locked out of our woefully inaccessible public transport network, or who still face discrimination and barriers in education, employment, health care and housing. We hear that the services and supports for people with a disability are not up to standard, and there have been some truly awful stories of neglect and abuse in the disability care sector, particularly in supported residential services.

We know that there is so much more we need to do to strengthen disability rights, improve disability services and empower the disability community in decision-making and policy development. I know the government is in the middle of a major rewrite of its disability and social services legislation, including developing a new disability inclusion bill. The reforms in this bill that seek to improve that regulation and oversight of the disability and social services sectors are an important part of this reform.

The Greens are supportive of measures that improve the quality and standard of disability care services and strengthen the checks and safeguards that protect people from abuse and neglect, but we would also stress that all disability policy and legislation must be led and designed by people with a disability. ‘Nothing about us without us’ has been a rallying cry in the disability community for decades. This goes beyond co-design or opportunities to provide feedback for meaningful reform; we must empower the voices of people with a disability and allow people with health conditions or impairments who benefit from disability services to lead in disability policy, planning and implementation. On this note, the Greens want to put on the record a number of concerns that we have heard from disability stakeholders regarding this bill and disability service regulation more broadly, and while we are happy to support the bill today, I would encourage the minister to take these concerns on notice and work with the sector to progress additional reforms to address these issues.

This bill is amending the Residential Tenancies Act 1997 to ensure that residents of group homes provided by disability service providers can access the rights and protections for tenants within the act. However, we have heard concerns that this bill has not also extended these rights to people living in residential services under the Disability Act 2006, who are now the only people not to have had their residential rights transferred to the Residential Tenancies Act. This means they are unable to access rights that other tenants have under the Residential Tenancies Act, such as having a pet or challenging rental fees. These residents are some of our most vulnerable and often spend years in residential services with no choice about where they will live and from whom they will receive services and with very little access to advocacy. It is disappointing that the government has not taken the opportunity to rectify this with this bill, and we would encourage the minister to work with the sector to address rights for all residents in residential disability services.

The bill also removes a requirement to notify the public advocate when notices to relocate or vacate are issued to residents living in specialist disability accommodation. We have heard concerns that this will put people at risk of being unfairly or inappropriately evicted from their homes and at risk of homelessness. The public advocate plays an important safeguarding role for people with a disability and in this scenario can often provide support and mediation to prevent unnecessary evictions. It is disappointing that the government has removed the role of the public advocate here, especially when these concerns were flagged last year in the previous iteration of this bill.

This bill is also amending provisions regarding restrictive practices to align requirements and responsibilities for NDIS- and state-funded disability providers. It is also expanding the role of the senior practitioner so that their role is not just developing guidelines and standards for restrictive practices but also promoting the reduction and the elimination of the use of restrictive practices to the greatest extent possible. Restrictive practices involve restricting the rights or freedoms of movement of a person with a disability in order to protect them or others from harm, and while there are safeguards in place regarding their use, we have heard concern from the sector that these are inadequate, particularly regarding the use of the independent person. While the independent person is designed to be a person independent of the disability service provider but connected to the person with a disability, who can explain the use of restrictive practices to them, we have heard that in practice some independent persons are unable to properly explain independent practices and that some providers apply restrictive practices without using an independent person at all. For a measure as serious as applying restrictive practices, it is even more important that the safeguards in place are thorough and protect against abuse or exploitation. I would urge the minister to work with the sector to improve the use of this safeguard, including by allocating funding so that disability advocates can take on the role of an independent person where necessary.

The Greens look forward to working with the government to protect and enhance the rights of people with disabilities and to improve the quality of support services.

Ann-Marie HERMANS (South-Eastern Metropolitan) (15:55): I also rise to speak on the Disability and Social Services Regulation Amendment Bill 2023. As a member of the coalition, we are always very supportive of improvements, treatment plans and opportunities to bring reforms into areas where we feel they are going to be of benefit to the people. So revisiting these reforms is great and being able to have this bill is great, but I would also like to reiterate, just as many members of this house have, how this should not be once and for all – ‘We’ve reformed it, and now we can move on and do other things.’ This needs to be an ongoing conversation, and it needs to be done in consultation with those people that are in the services and using the services as well as those who care for them. I say this quite passionately as someone who not only has family members that are in services at times ‍– they do not have to live in residential care but have had to access some of these services – but also has had a family member who has worked in this area and has genuine concerns and has many times advocated for change and opportunities.

I look at this and I consider again the great work that has been done by so many disability services and those that work so selflessly to provide wonderful opportunities. I think that this bill of reform is very good in so many aspects, but we do need to constantly consider sensible reform in order to have services that are going to be, as has been said before, fit for purpose.

I think that the number and variety of disability services that are in the South-Eastern region is quite substantial. There are a number of people who do access the NDIS in the South-Eastern Metropolitan Region of Victoria. We do have a number of opportunities for people but there are simply not enough services, and we do find that there are people who have to move into our region sometimes to utilise the services that we provide who are from other areas. This means that they are a long way from family because there are not services in each of the areas that people live in, so we do need to consider that. It does concern me when we have situations where or we have reports that there could be violence and abuse. I think that is not only a concern for the carers, who also need to be protected in these services, but a genuine concern for those people with a disability, especially those who do not have the ability to actually advocate for themselves. So I think that having an amendment bill that is going to bring about reform is a very, very good thing, but I also think that we need to continue to have that conversation and not be afraid to have that.

There are a variety of disability services, and there are a number of things that can actually allow for personal empowerment. I think that we need to continue to look at this space, because ultimately people with a disability need to have opportunities that allow them to have dignity. As we know, as a state we have a duty of care to people, and that duty of care is paramount. It will be incredibly important for us to revisit that as we continue on and we look at how this is working, as we look at amendments that we make in this house and in the other place. As they become working documents for how things happen in the real world, I think it is incredibly important that we continue to have those conversations, because we must have people protected who are using our social services.

I am pleased to say that this document appears to have some genuine thought. It shows some consultation, and I will say that I think that continually looking at how we reform and review this is incredibly important. I think it is also incredibly important that we continue to have that space of inclusiveness and that we look at how we can make it inclusive for people who are accessing disability services, because – and I know that schools are starting to look at that and different places are looking at how they can be inclusive – sometimes people think that just by building a ramp they have been inclusive: ‘We can tick that box and we can move on.’ That is just the very beginning of the conversation. We need to look at how we can actually improve so that we are more inclusive. I am glad to say that in the work space and in a number of other fields there are genuine attempts to find ways to allow people who have a disability to access opportunities that might otherwise have been more difficult for them, and I think we need to continue to look at this and how we can build on this.

These are all really great innovations that we can continue to push, and I think that all of the ones that are actually meeting needs and that are actually helping people to have self-preservation and a sense of personal dignity and autonomy over their own lives are wonderful, but of course there are other areas and times where there have to be decisions that are made. I would be interested to see how these reforms will work, as time goes on, in favour of the people who have a disability as well as in making it easier for those who work with people in a disability service.

I also wish to acknowledge my genuine appreciation for the many people who are part of the community that serve in this area. I once again want to reiterate how much I appreciate what people do in the South-Eastern Metropolitan Region in disability services and want to thank them for their tremendous work. We still have barriers. We still have things that have to be overcome. There are still going to need to be reforms and reviews in areas to make sure that people are not suffering from violence and abuse. I think that that is incredibly important, and it will be something that I will be watching and looking out for. But overall I would like to thank the government for making this starting point a very comprehensive starting point and for looking at how it is going to reform with the Disability and Social Services Regulation Amendment Bill.

Jacinta ERMACORA (Western Victoria) (16:02): I am pleased to speak in support of the Disability and Social Services Regulation Amendment Bill 2023, which is primarily focused on a number of important rights and protections for Victorians with disabilities. The government is committed to its promise to make Victoria more inclusive for the 1.1 million Victorians living with a disability. The state disability plan, Inclusive Victoria: State Disability Plan 2022–2026, was launched last year after careful and deliberate consultation with the disability sector. Alongside its launch the state disability plan also had $15.1 million allocated in the budget. This funding was committed to upgrading facilities in a campaign to promote education surrounding changing the public’s attitude towards autism. The bill is yet another example of the Andrews Labor government following through with commitments and focusing on introducing legislation that makes a difference to the lives of members of the community who often fall through the cracks.

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, since its commencement in April 2019, has shed light on what governments, institutions and the community can do to prevent and better protect people living with a disability, and the government is committed to doing its part. That is why this bill has been reintroduced in this Parliament following the previous iteration lapsing at the end of 2022. These issues are important in helping the most vulnerable have greater protections, freedoms and rights that are parallel to those of people who are able bodied. So far the government has assisted by engaging with the royal commission however it can through participating in hearings and providing numerous submissions and responses. Similarly, in preparing this bill, the government engaged thoroughly with disability advocates and entities, and the amendments were driven by submissions from a public consultation process in 2021 and were considered by the Disability Act review advisory group.

This government’s commitment to equality for people of all abilities will be implemented through amendments in this bill to the Disability Act 2006. Among other important functions, the key amendments include focus on promoting the rights of persons living in residential services, particularly those pursuant to compulsory treatment orders and restrictive practices; alignment of requirements to implement restrictive practices for registered NDIS and disability service providers; and modifying and aligning processes for those on supervised treatment orders.

This bill aims to promote the rights of persons residing in residential services and those subject to compulsory treatment and restrictive practices. The importance of this amendment is to facilitate a clean transition of all group homes that operate as a residential service under the Disability Act to NDIS specialist disability accommodation. Most importantly, the transition will enable equality of tenancy protections provided for those in specialist disability accommodation under the Residential Tenancies Act 1997. This includes short-term accommodation, such as forensic disability accommodation, which is a service that provides assessment, treatment, support and residential services for people with intellectual and cognitive disabilities who display high-risk antisocial behaviour and who are involved or at risk of being involved in the criminal justice system. The amendments will definitely set out the residential services that are being provided pursuant to the Disability Act, the rights and duties of residents within the service, the requirements for residents under court orders and the roles and responsibilities of providers. In short, the amendments provide the rights of residents living under long-term arrangements with specialist disability accommodation to be aligned with the same protections provided by the Residential Tenancies Act. It is ensuring that such residents’ rights are protected and they are not discriminated against because of their disability.

The bill plans to facilitate this in a number of ways. The first is by amending the definition of ‘residential service’ to reflect the actual living environments and to pre-empt emerging styles of long-term disability accommodation. Another is by amending residential statements, a document provided to a resident upon commencement of living at a residential service which sets out details such as the services to be provided, the cost and the details of the residence provider. These amendments will require specific information to be included in the statement, such as any restrictions, supervision requirements, conditions of residence and, most importantly, duration of stay. Also, an amendment to include a requirement to comply with conditions of any order they are subject to and not knowingly breach the conditions will be included in the residential statement. Finally, the amendments set out the terms surrounding termination of residency and the protection of residents’ rights. These conditions have never been in the Disability Act before.

Obviously, it is a priority that when a person with disability is at risk of losing their home, the matter be dealt with cautiously. This bill succeeds in setting a high bar before a residency can be terminated, which includes a requirement to notify the secretary and comply with the secretary’s requirements before the termination can be effected. It is anticipated these conditions will prevent future occurrences of residents refusing to leave once their order or treatment plan has ended. This has unfortunately caused delays for other individuals who are waiting and are needing to move into a residential service. Conditions of termination of a tenancy have been clarified, for example, in the following circumstances: when the residency period of the residential statement has expired, when the resident is no longer subject to a court order requiring the resident to live at the premises or when the resident has moved to another premises, among other situations. To protect the rights of residents and prevent undue evictions, residents are safeguarded by stringent guidelines surrounding termination of a person’s residency.

Another difficult subject this bill seeks to streamline is restrictive practices on persons with a disability. It is important to ensure restrictive practices are authorised and approved, as it involves a form of seclusion and physical restraint so therefore must be held to the highest standard, as it imposes on the rights of people – specifically, in this case, people with a disability. These amendments, importantly, align and reduce duplication of requirements for the use and authorisation of restrictive practices for registered NDIS and disability service providers. Victoria shares with the Commonwealth the responsibility for regulations of restrictive practices on persons experiencing disability pursuant to the NDIS Quality and Safeguarding Framework. The amendments sought to be implemented by this bill are chiefly to tidy up and support implementing restrictive practices provisions. This is due to amendments made to the Disability Act 2006 in 2019 to facilitate the transition to the NDIS, which included introducing a new part about authorisation of restrictive practices by registered NDIS providers. This led to two parts dealing with restrictive practices in the act.

Unfortunately, when disability service providers are also registered as NDIS providers, this has caused some confusion. This bill will reduce the duplication and align the provisions for both NDIS providers and disability service providers. This will ensure that the use of restrictive practices is clear. This will provide effective and efficient services without confusion. A major focus is the approval process for the authorisation of restrictive practices and appointment of authorised program officers. The senior practitioner will be able to approve, refuse and revoke the appointment of authorised program officers for disability service providers. The senior practitioner is already fulfilling this role for registered NDIS providers and will now be able to undertake that role for disability providers as well. This is a logical simplification of roles that will make life better for people with disabilities as well as service providers. This is enforced by creating an offence for NDIS providers who use restrictive practices or compulsory treatment on a person without appointing an authorised program officer with approval from a senior practitioner.

To continue on with legislating for sensitive subjects, this bill addresses supervised treatment orders. In some circumstances, persons with intellectual disabilities requiring specific services have circumstances where it is necessary to seek a supervised treatment order. At best, at present the only circumstance where the disability service provider can seek a supervised treatment order is for a person currently residing in a residential service. This has led to several situations where the accommodation provider does not meet the standards for being a specialist disability accommodation dwelling or disabled residential service. In these difficult scenarios the service providers are encumbered with additional administrative work to maintain registrations, which detracts from the service they are dedicated to providing. That is why this bill is essential: to enable providers to apply for supervised treatment orders for a person residing in their service. Although it is never ideal to make supervised treatment orders, it is a priority that the procedure not be encumbered with unnecessary administration.

It is always heartwarming to see the community embracing differences and fostering those who may not be afforded an opportunity in typical society. This bill allows persons with disabilities to no longer be victims of circumstances beyond their control, as it fosters a sense of self-determination through legislating rights and protections. In my electorate of Western Victoria, self-determination of persons with disabilities is not a novel idea. Based in Warrnambool, Tasty Plate is a catering service which specifically provides employment opportunities for persons with disabilities. Just like this bill provides, Tasty Plate provides an opportunity to people with disabilities to live a life that is not defined by their disability. Tasty Plate offers work, skill development and a level of dignity that comes with contributing to our society as a citizen who shares the same rights and responsibilities as everyone else. It is a fantastic initiative and a hallmark of our local community.

To conclude, I am proud to represent a government that has a laser focus on the needs and service experiences of people with disabilities. This government is committed to leaving no-one behind. I am proud to endorse this bill and the human rights protection that it contains.

Gaelle BROAD (Northern Victoria) (16:16): Today I am pleased to speak on the Disability and Social Services Regulation Amendment Bill 2023. I would like to begin by acknowledging the amazing contribution of disability support workers, who do such great work in our communities.

Earlier this year students from Kalianna specialist school in Bendigo visited this very chamber. I joined the school tour, and I was very impressed with the questions that they asked. Just last week I was delighted to be able to visit PepperGreen Farm in Bendigo. PepperGreen Farm is a social enterprise of Access Australia. A social enterprise is a not-for-profit business that provides training and employment for people with a disability or those who are experiencing disadvantage. PepperGreen Farm is a stunning 2 hectares in Bendigo with a cafe on site. It provides tourist attractions and experiences to visitors and the community, school programs, environmental practices and workshops, horticulture and a range of biodiversity activities. It offers unique opportunities for skill development across a range of areas, including microbusiness, horticulture, retail, tourism, hospitality and creative manufacturing. PepperGreen Farm do important work in our community to support people with a disability to improve their quality of life. I was speaking with the manager, and she was telling me a story about a non-verbal man in his thirties that came to PepperGreen Farm. He was not able to speak, but through learning how to weld he actually started speaking to people and selling products at the market. It is just a reflection on how incredible it is to impact the life of an individual.

It is good to see legislation in this house that will streamline and improve outcomes for those living with a disability in our region. This bill is based on recommendations that have been requested by the disability sector. It does not propose major policy changes or the introduction of new policy, instead clarifying and streamlining existing processes. I am aware that this bill has 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 include the tidying up of some technical errors.

Those living with a disability deserve the highest level of protection, while at the same time those working in this sector need a regulatory system that is not overly burdensome and does not require duplication of administrative requirements. Our disability service providers are now operating in a competitive world with the national disability insurance scheme, and it is important that governments do all they can to avoid duplication and support viability. This bill appears to be based on continued NDIS transition amendments and streamlining of processes. It clarifies that the secretary can acquire, hold or dispose of land for the purposes of being a specialist disability accommodation provider. Amendments are also being made to enable the secretary to dispose of or deal with land with or without consideration in certain circumstances. The bill improves information-sharing arrangements, and there is often a fine line between information sharing for good reason and respect for privacy. The bill clarifies residential services rights for disability residents whose accommodation is exempt from the Residential Tenancies Act 1997. The bill clarifies the services being provided; the rights, duties and requirements residents may be subject to within the service; and the roles and responsibilities of service providers delivering residential and treatment services.

The second-reading speech indicates these amendments are required to remove uncertainty about the application of existing parts and divisions in the act, better align requirements and responsibilities for NDIS and state-funded disability providers and ensure there is consistency and accountability in the use of restrictive practices.

The bill will also dissolve the Disability Services Board as the majority of disability services have transitioned to the NDIS. The role of the disability services commissioner and board has been significantly reduced, and the board is no longer required. The bill also allows the minister to declare new types of accommodation at which persons receive disability services to be subject to the community visitors program, which is good. It is a change we strongly support, because community visitors do amazing work in the community.

The bill will amend the Residential Tenancies Act 1997 in relation to SDA-enrolled dwellings and remove barriers for residents of group homes provided by disability service providers to receiving rights under the Residential Tenancies Act. The bill will provide for the transition of existing group homes to specialist disability accommodation residency arrangements. This introduces a new concept into the Residential Tenancies Act: an SDA dwelling. It seems the intention here is to pick up supported independent living clients. One of the challenges here is how the government will inform the disability community of this change.

My colleagues Tim Bull and Melina Bath have spoken of the need for additional housing options for people with a disability. According to the figures released, it seems that there are only four new homes for disability clients out of five years of the big build. I was at Seymour expo recently and a mother and daughter came up to me. They told me of the daughter who was in supported accommodation in Melbourne and how important it would be for them to have more supported accommodation in the local area. As the parents get older they are struggling to go down and get her, with the dad now in his 90s, to bring her back to visit the family.

The bill will also amend the Disability Service Safeguards Act 2018 in relation to registration requirements. The amendments will allow the Disability Worker Registration Board of Victoria to accept an NDIS clearance in lieu of a criminal history check when disability workers voluntarily seek to register, and we support this change. The screening checks for NDIS-registered disability workers are currently duplicative, and the amendments will reduce red tape for disability workers seeking registration. The amendments and subsequent streamlining should encourage more disability workers to register by removing an administrative barrier. We support this, but there is more that needs to be done in relation to administrative streamlining.

People with a disability need to be supported in our communities. One such area in need of support is people in our communities who experience stroke, as many stroke survivors continue to live with a disability. I have spoken to this before in this chamber: that stroke can happen to any one of us at any age, but regional Australians are 17 per cent more likely to suffer a stroke. I am very concerned that this Friday 19 May the Bendigo Stroke Support Centre, part of the Stroke Association of Victoria program, is closing its doors. Originally the government planned to evaluate the program in October, and as I have spoken about in this house previously, that was far too late. Thankfully the evaluation was brought forward and has just been completed, and it was found that the service provided by the stroke support centres has been exceptional. To quote the Bendigo Advertiser:

According to the association, a lack of state government funding has made the support centres in Bendigo, Shepparton, Ballarat, Geelong and Gippsland “untenable”.

A state government spokesperson said it was “disappointing this decision was taken while future funding and the sustainability of the organisation were being explored with the Government and the Department of Health”.

I have spoken with the CEO of the Stroke Association of Victoria and staff and volunteers at the Bendigo Stroke Support Centre, and they are devastated. With the centre closing its doors this Friday, the systems and resources that have been established to support those recovering from stroke could be lost. At the moment they do hospital referrals and they help with job replacement, and it is very important support that they are providing stroke survivors in our region.

Research for stroke prevention is important, but funds are also needed for rehabilitation following stroke. Due to project cost blowouts and this government’s wasteful spending, Victoria now has the highest debt of any state in Australia, and we pay an interest bill of over $10 million every single day. Government is all about priorities, and I certainly hope that this government will prioritise ongoing funding for stroke support centres in the coming state budget, because people living with a disability in regional Victoria need our support. We present a stance of ‘no opposition’ to this bill, a bill that, as I mentioned, introduces changes that have been proposed by the disability sector with good intentions towards people with disability.

Michael GALEA (South-Eastern Metropolitan) (16:25): I am also pleased to rise today to speak in favour of the Disability and Social Services Regulation Amendment Bill 2023. This bill reintroduces many of the same reforms that were proposed in the Disability Amendment Bill 2022 when that bill was introduced in the previous Parliament. That bill received bipartisan support as it sought to increase residential protections for Victorians in disability accommodation. It also sought to strengthen the quality safeguards and services for those Victorians living with a disability. The bill was consistent with this government’s commitment to supporting the 1.1 million Victorians with disability.

This bill incorporates all of the amendments that made up the Disability Amendment Bill 2022, as the ambitious reforms they provided for are still very much needed. The amendments will promote the rights of persons in residential services, enhance services and safeguards, align and reduce duplication between the national disability insurance scheme and state-funded service providers and improve processes and practices relating to supervised treatment orders. The bill provides for much clearer legislative authority to disclose protected identifiable information, clarifying the functions of the secretary of the minister’s department as well. It will allow the Minister for Disability, Ageing and Carers to declare additional categories of disability accommodation.

Where the Disability and Social Services Regulation Amendment Bill 2023 builds on the Disability Amendment Bill 2022 is in the addition of minor and technical amendments to promote and provide for greater clarification, as well as additional time-critical amendments to the Social Services Regulation Act 2021 to support the functions of the Social Services Regulator when it comes into operation from 1 July 2024. There was a genuine need for these amendments in the previous Parliament, and that need remains today. Nearly every day there is another report that we see on the lived experiences of Victorians and people across Australia with a disability. We have an obligation to ensure that the most vulnerable are provided with dignity, care and respect, which is at the very heart of this bill.

This bill reflects the dedication, care and passion that the minister has in this space, and I would like to commend her for all her work so far in this portfolio as well. The amendments build upon the ongoing commitment of the Andrews Labor government towards Victorians with disabilities and the dedication to working in consultation to address the concerns of experts and those with lived experience. The government conducted extensive consultation with people with a disability, disabled persons, organisations, self-advocacy groups, peak bodies and the Victorian Disability Advisory Council across 2020 and 2021 in the lead-up to the launch of the state disability plan Inclusive Victoria: State Disability Plan 2022 –2026. This plan lays out the way in which the government will build a more inclusive and accessible community for Victorians with disabilities. Under the Disability Act 2006 a new state disability plan must be developed every four years. Not only does the plan fulfil this obligation – that is, as the implementation plan for reaching the outcomes set out in Australia’s Disability Strategy 2021–2031 – but our state plan is also an ambitious vision, an opportunity to change lives and to ensure long-lasting change for people with a disability. This plan sets out 22 priority areas under four pillars: inclusive communities; health, housing and wellbeing; fairness and safety; and opportunity and pride. The plan goes into detail for each of these priority areas, setting out goals and specifying how they will be achieved. The plan is well worth reading, and I encourage all members in this place to do so.

I will briefly touch on what outcomes this plan seeks to achieve under each of these four pillars. Firstly, ‘inclusive communities’ means that people with disability will attain increased social connections and increased activity in the community and that local neighbourhoods will also be made more inclusive. As part of this, it means more accessible public transport, access to transport and more accessible and universally designed spaces.

Giving people with disability greater mobility across the community through this better transport and community infrastructure will allow for greater participation with fewer barriers to their engagement, like the rest of us.

Secondly, health, housing and wellbeing means improved access to suitable, secure, sustainable and affordable housing. It means improved physical health, improved mental health and better healthy living. Wellbeing means increased life satisfaction and increased resilience. Having access to housing and adequate health care is vitally important to all of us. Currently there are still barriers for Victorians with a disability. That does lead to poorer health outcomes and struggles with accessible, suitable housing.

Thirdly, fairness and safety means lowering the rates of unfair treatment, disability-related discrimination, bullying, abuse, neglect and violence. It means higher levels of community safety, because feeling safe is a basic human right. The reality is that people with a disability do face higher levels of abuse and discrimination. Everyone should feel respected and safe in their homes, in their workplaces and in their communities, and we do need to do more to address this treatment.

Fourthly and finally, that leaves opportunity and pride, which starts by increasing educational engagement, outcomes and wellbeing for students with disabilities. It means increased employment opportunities, job quality and flexibility and workplace attitudes improving to support improved financial stability and independence. Starting with education and through to employment, better opportunities to pursue and achieve aspirations are everyone’s fundamental human right.

Achieving action on all 22 priority areas will involve every government department and agency working in tandem to deliver on the commitments of the plan. So how do we make this happen? This is a government that does something about it. Following the launch of this plan the Andrews Labor government allocated $15.1 million in the 2022–23 budget in this space. $5.4 million was provided for Changing Places facilities, which includes height-adjustable, adult-sized changing benches, a tracking hoist system and increased space, allowing disabled people to enjoy more of our state, removing barriers to travel and improving access to community spaces. Victoria already has a plurality of Changing Places across Australia which are used by hundreds of thousands of Victorians to access tourist locations, parks and events. $2.4 million in funding was announced for 27 universal design grants, providing accessible infrastructure grants to improve the accessibility of community facilities and public spaces. Universal design distinguishes itself from an accessible design by focusing on a user-centred design from the earlier stages of a project. Funding is also being provided for a public education campaign to promote better attitudes and behaviours towards people with autism through the Change Your Reactions campaign.

In addition to these actions within the disability portfolio the Report on Government Services highlighted that the Victorian government has also invested approximately $630 million in services for people with a disability, so funding is undoubtedly a key aspect of addressing the 22 priority areas of the State Disability Plan. Programs and grants like the examples I have mentioned do lead to meaningful and life-changing outcomes for Victorians with disabilities.

The Disability Act review is another key component. The first part of that review was done in 2019 in the lead-up to the commencement of the national disability insurance scheme. As part of stage 2 the Andrews Labor government released an exposure draft in September of last year. I note the government’s and the minister’s commitment to carefully considering the public feedback whilst working on these proposed legislative reforms.

The Disability and Social Services Regulation Amendment Bill 2023 is a component of the second part of the Disability Act review and will see the Disability Act 2006, the Residential Tenancies Act 1997, the Disability Service Safeguards Act 2018 and the Social Services Regulation Act 2021 all affected. It addresses several policy and legal issues that will improve the rights, services, protections and safeguards for people with disabilities.

I have already mentioned the amendments that this bill makes to the Disability Act 2006 by promoting rights for persons residing in residential services, reducing duplication of requirements for registered NDIS and disability service providers, improving the processes and practices relating to supervised treatment orders, providing a clear legislative authority to disclose protected identifiable information with necessary safeguards, clarifying the roles, responsibilities and powers of the Secretary of the Department of Families, Fairness and Housing, dissolving the Disability Services Board and allowing the minister to declare additional categories of disability accommodation.

The amendments to the Residential Tenancies Act 1997 will address gaps that currently exist in residential rights for people living in specialist disability accommodation. Currently those residents’ accommodations are exempt from the act. This change will ensure that those individuals are afforded the same rights and protections as everyone else under this act. The amendments to the Disability Service Safeguards Act 2018 will ensure that NDIS workers’ screening clearance is accepted in lieu of a criminal history check as a requirement for voluntary registration of disability workers. This gets rid of a form of duplication in background checks of potential disability workers who have already gone through an adequate process of checks for the NDIS. All of these changes received bipartisan support in the Assembly of the previous Parliament when they were part of the Disability Amendment Bill 2022. They complied with – and still comply with – the ambitious reform agenda enclosed in that state disability plan as well.

The most significant change in the Disability and Social Services Regulation Amendment Bill 2023 from the Disability Amendment Bill 2022 is in the amendments introduced to the Social Services Regulation Act 2021. These changes will ensure that the operation of the social services regulatory scheme will apply from 1 July next year. The effective operation of this scheme is important, as it strengthens protection for some of our most vulnerable Victorians.

The amendment which enables authorised officers to enter bedrooms in supported residential services and disability residential services without consent, albeit in highly limited circumstances, is the largest change to the Social Services Regulation Act. The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has importantly illustrated the need for this amendment. This power will ensure the protection of residents against improper influence that a proprietor could exercise to prevent an inspection, ensuring care is the focus of this change and safeguards are in place to limit its use to the most appropriate circumstances. The safeguards include the requirement that the authorised officer must believe it is reasonably necessary for the purposes of monitoring compliance with a provision of the act or investigating a possible contravention of the Social Services Regulation Act and that there is also no less intrusive way to achieve the purpose of this inspection. Furthermore, the regulator will develop operating procedures requiring an authorised officer to record any use of the power to enter when a resident is present and has not given consent. The decision of authorised officers to exercise this power may then be subject to a review by the regulator to ensure they have been made properly.

I would also note that this amendment establishes safeguards to mitigate any negative effects when interviews or hearings involve children in out-of-home care under the worker and carer exclusion scheme. These provisions are modelled on similar provisions in the reportable conduct scheme and the child safe standards scheme.

The Disability and Social Services Regulation Amendment Bill 2023 has undergone strenuous consultation during the drafting of the necessary amendments to the Disability Act 2006 and other acts. It has widespread support amongst disability advocates, experts, community members and other stakeholders. Further consultation on other areas of the Disability Act will be conducted during the next stage of the Disability Act review, being further informed by the recommendations of the disability royal commission.

So let us consider the various amendments within this bill which all move towards achieving the aims of the state disability plan and a more inclusive community, better access to health and housing, greater fairness and safety and, perhaps most importantly, more opportunities for Victorians with a disability. The Disability and Social Services Regulation Amendment Bill 2023 is part of the Andrews Labor government’s commitment to making Victoria the most inclusive and accessible community for the more than 1.1 million people in our state living with a disability.

I would like to acknowledge the disability support workers who have had such a profound impact on the lives of people with disabilities in the South-Eastern Metropolitan Region and across Victoria. I commend the bill to the house.

Lizzie BLANDTHORN (Western Metropolitan – Minister for Disability, Ageing and Carers, Minister for Child Protection and Family Services) (16:40): Can I firstly thank everybody for their contributions today. I am sure those who are listening at home, and particularly those with disability and their friends, families and communities, would be very heartened to hear the contributions that those in the chamber have put today in support of improved safeguards for those with disabilities and also for other vulnerable Victorians. Can I also thank all members of the chamber and those in the other place for the respectful contributions that they have put in relation to this bill. They have certainly been very well thought out and, for those I have listened to today, I have indeed appreciated in particular the local acknowledgements of stories and experiences from those in this place representing their communities, be they organisations, the workers themselves or indeed people with disabilities and their families.

Can I also particularly acknowledge the Shadow Minister for Disability, Ageing and Carers in the other place, Mr Bull, the member for Gippsland East, for the constructive way in which he has engaged with me and my office on this bill in particular. I know that he has a very deep and personal commitment to furthering the interests of people with disabilities and their families in their communities, and I thank him for that. Can I also acknowledge the contributions of those on the crossbench and many of those who have engaged with this bill. In talking about consultation, can I acknowledge those from the public consultation processes but also those in relation to meetings, experiences and accounts that have been shared with me as minister. I have certainly appreciated those in the development of this bill. I am sure those with disability will be reassured to know that their safety, their wellbeing and their future is certainly above politics.

This bill will enhance services, safeguards, rights and protections for people with disability. It introduces amendments that clearly define the responsibilities of the Secretary to the Department of Families, Fairness and Housing. It clarifies information-sharing powers, and it reduces duplication in worker screening processes. The Disability Act 2006 is being amended to promote rights for persons residing in residential services and those subject to compulsory treatment and restrictive practices; align and reduce duplication of requirements for the use and authorisation of restrictive practices for registered NDIS and disability service providers; improve processes and practices relating to supervised treatment orders; provide a clear legislative authority to disclose protected identifiable information with necessary safeguards and create an offence to support unauthorised disclosure; ensure the secretary’s functions only relate to disability services funded by the secretary; clarify the secretary’s functions in relation to acquiring, holding or disposing of land for the purposes of being a specialist disability accommodation provider, enabling the secretary to dispose of land or deal with land without consideration in certain circumstances; dissolve the Disability Services Board, as the role of the board has been substantially reduced, with the majority of service providers transitioning to the NDIS; and allow the minister to declare additional categories of disability accommodation so that community visitors can inquire into the quality and standard of support provided to residents. The bill also does a number of other technical things, as has been discussed in the chambers over the course of the last few weeks.

It is important that this bill pass now. To go to some of the comments from Ms Bath earlier, and I appreciate the contribution that she made, the Disability Amendment Bill 2022 was introduced in 2022 to address critical gaps in residential protections for Victorians in disability accommodation and to strengthen quality and safeguards for people with a disability, and this cannot wait. The bill lapsed in the previous Parliament due to a lack of sitting days. I was indeed then Leader of the House in the other place, and I tried to ensure that bills in relation to disability improvements would make the necessary progress. But the bill did lapse in Parliament due to a lack of sitting days, and it is important that these reforms are passed as soon as possible to meet stakeholder expectations and to address these matters. There has been the disability reform response, feedback received through the consultation process which I spoke of in relation to the Disability Act through Engage Victoria in September 2021 and public announcements to make legislative amendments. There was a high level of stakeholder and public expectation that the amendments would pass in 2022. Indeed I do take this opportunity to thank stakeholders and people with disabilities and their families and communities for their patience in this regard.

Ms Bath did refer to some of the aspects of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and I guess the key point in relation to the disability royal commission is that the amendments in the Disability and Social Services Regulation Amendment Bill 2023 are indeed responsive to the focus of the royal commission and what government institutions and the community can do to prevent and better protect people with disability from violence, abuse, neglect and exploitation – something I know that everyone in this house is committed to.

The bill will enhance services, safeguards, rights and protections for people with disability, and it will do this in a number of ways: by amending the Disability Act 2006 but in particular by promoting rights for persons residing in residential services and those subject to compulsory treatment and restrictive practices, improving processes and practices related to supervised treatment orders, aligning and reducing duplication of requirements for the use and authorisation of restrictive practices for registered NDIS and disability service providers and allowing the minister to declare additional categories of disability accommodation so that community visitors can inquire into the quality and standard of support provided to residents.

There is one other aspect of this bill in particular that was explored in people’s contributions that I just do want to make some mention of, and that relates to the amendments to the powers of entry in the bill. These powers will protect residents in supported residential services and disability residential services by balancing the rights of residents with the need to ensure residents are safe and are receiving appropriate care. The amendments in the bill are necessary to ensure that residents are not being improperly influenced by proprietors to prevent an inspection from occurring. Residents often have multiple and complex needs and limited options for other accommodation. These factors can place these residents at greater risk of harm than service users in other services, such as time-limited crisis accommodation services.

The Office of the Public Advocate has reported concerns about the condition of supported residential services and a need for stronger oversight of these services. In the Community Visitors Annual Report 2020–2021 community visitors documented that a growing number of supported residential service residents are susceptible to exploitation by proprietors. This is simply unacceptable. In 2022 the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability heard testimony of some of the poor conditions faced by residents in some supported residential services.

The proposed amendments to the powers of entry are necessary to ensure that the new Social Services Regulator maintains similar inspection powers in relation to supported residential services. The powers will also be able to be used in residential disability services due to the vulnerability of some residents in those facilities. These amendments in the bill very much go to ensuring that we protect the dignity and the human rights of people who are most vulnerable, and I am very pleased to commend it to the house.

Motion agreed to.

Read second time.

Third reading

Lizzie BLANDTHORN (Western Metropolitan – Minister for Disability, Ageing and Carers, Minister for Child Protection and Family Services) (16:48): I move, by leave:

That the bill be now read a third time.

Motion agreed to.

Read third time.

The PRESIDENT: Pursuant to standing order 14.28, the bill will be returned to the Assembly with a message informing them that the Council have agreed to the bill without amendment.