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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 4947 ..

MS TUCKER (continuing):

So I ask, again: What are you going to do to ensure that all concerned parents and guardians will have access to this legal advice?

MRS CARNELL: Thank you very much. I have seen it and it does not look like a legal advice to me; it looks like a letter from Mr Staniforth to a couple of parents who asked for some feedback. I am happy to show any parents that letter. The approach that the department is taking is that if people do not want to sign these agreements they do not have to. We have not forced anybody down the path of signing it. I have to say the department does not agree with Mr Staniforth's views in this area. They believe he is wrong. It is that simple. If any of the parents want to see that advice, that is fine; but again I state really firmly that nobody is being made to sign these agreements. The agreements were put in place initially to guarantee rights of the clients rather than the opposite; so nobody is being made to sign anything. I am happy to show other parents the letter. Obviously, there would be other views as well, but my people in the department tell me that they do not think it is right.

MS TUCKER: I have a supplementary question, Mr Speaker. If this document is seriously flawed, rather than just say that people can see it if they want to, will you ensure that negotiation takes place to determine whether or not this document is legally flawed? Will you not just make this available to those who hear about it, but also ensure that all guardians and parents who are concerned have this advice before they sign the document?

MRS CARNELL: Mr Speaker, there is a legal issue here. The department believes that this advice is wrong. It is very interesting because this document says things like this, which is item 5:

Finally, all parents appeared to be dismayed by what they see as a reference by program managers to their family members as "consumers".

Yes, we do see them as consumers. I continue:

While those people involved in managing government funding programs may understand the etymology it is difficult to reconcile the characteristics of those receiving disability services with the prevalent dictionary definition of consumer ...

They are the sorts of things that are in this document. We do call our clients consumers. We do not call them patients. We attempt to achieve a - - -

Ms Tucker: I take a point of order. There are a number of very serious concerns. Mrs Carnell has chosen one. My question was: Is she prepared to move into a negotiating position with lawyers from Legal Aid? It is not good enough just to say her lawyers are right. I am asking for a negotiating position so that the welfare of these people and their guardians can be ensured.

MR SPEAKER: Very well.

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