Page 3020 - Week 10 - Tuesday, 23 August 2005

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The government agrees with the explanation or the rationale that Dr Foskey has provided for why the proposed definition provides some extra clarity around the meaning of disability in the legislation and is happy to support the proposed amendment.

Amendment agreed to.

Clause 8, as amended, agreed to.

Clauses 9 to 20, by leave, taken together and agreed to.

Clause 21.

DR FOSKEY (Molonglo) (11.31): I seek leave to move amendments Nos 3 and 4 circulated in my name together.

Leave granted.

DR FOSKEY: I move amendments No 3 and 4 circulated in my name [see schedule 1 at page 3105]. These amendments will insert a new clause 21 (1), and the wording will be:

(aa) to promote the human rights and welfare of people with a disability, older people, people who use community services, and their carers … by—

I should note that this refers to the functions of the disability and community services commissioner—

(i) promoting the provision of education, information and advice to the groups; and

(ii) promoting and monitoring public awareness on issues that affect the groups; and

(iii) conducting and monitoring research into issues that affect the groups; and

(iv) making recommendations to government and non-government agencies on legislation, policies, practices and services that affect the groups; and

(v) promoting the participation of people in the making of decisions that affect their lives;

As I previously stated, I am concerned that this bill focuses the function of the commission as a whole and individual commissioners too narrowly on complaint processes and service delivery issues. In line with our amendment to clause 6 to expand the functions of the commission overall, I believe that the role of the disability and community services commissioner should be broad and encompass functions that allow the commissioner to be proactive as well as reactive. Broader issues concerning citizenship and community attitudes are often at the heart of issues impacting on human rights and, rather than looking only at how this plays out in a service system, commissioners may well identify issues that require a more preventative, a more proactive, a whole-of-community approach.


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