I write to express deep concern over the Minister's proposed amendment to Section 27 of the ACT Disability Discrimination Act. The interpretation of Section 27 by the AAT and the Supreme Court (mentioned in the Minister's Presentation Speech) legalises unfavourable treatment of the most disadvantage members of our community, those who depend on special measures. The proposed Discrimination Amendment Bill (No 2) 1999 maintains this inequity.

The Minister acknowledged "that Section 27 [prevents] a recipient of a special measure from alleging discrimination if they feel they have been treated unfavourably in the course of the provision of a special measure" (Presentation Speech, p4). Section 27 protects from allegations of discrimination service providers who choose to implement inappropriate or ineffective special measures. Limiting service provision to a cheap and mostly ineffective program and not including fallback to more effective measures that cost a little more is unfavourable treatment, but Section 27 makes this lawful in a program allegedly designed to meet special needs.

The Minister says, "any degree of dissatisfaction with a service could give rise to an allegation of discrimination". This was not the case in the years prior to the recent interpretation of Section 27. Formal allegations of discrimination are very difficult for the disadvantaged to sustain, they interfere with the effective provision of special measures and the legal process takes so long that the complainant hardly benefits from the outcome. Prior to the AAT's general interpretation of Section 27, the level of complaint was not making -

"the task of service providers ... virtually impossible". Contrary to advice from executive levels of administration, the deliverers of special measures report that unreasonably limited budgets makes their tasks actually impossible.