Page 2884 - Week 08 - Wednesday, 14 August 2019
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circumstances. All too often people with disability are regarded as not having a sex life at all. The Administrative Appeals Tribunal has upheld the human rights of people with disability in its ruling.
MADAM SPEAKER: Being mindful—
MR RATTENBURY: Yes, I am trying to walk that line. I think it is a statement of fact, though. Ironically or otherwise it is also in line with the fundamental objectives of the NDIS—to provide participants with the choice and control to achieve their life goals and to provide them with the opportunity to live an ordinary life. We need to listen to people with disability, and not the general community, in order to work out what are the expectations of reasonable and necessary supports. Only people with a disability can reliably articulate their own necessary supports; it is not up to community expectations in general to determine that.
People with disability have sexual needs, and some of them experience sexual challenges that require assistance and support. It is useful to point out that the ruling in the case referenced in this discussion found that a participant with multiple sclerosis should have access to the services of a sex therapist specially trained in working with people with disability. This is different to the services of a sex worker, the fundamental difference being that sex therapists do not provide hands-on sexual services but rather provide sexual education, guidance and counselling.
Having said that, I and the Greens believe there is also a place for the NDIS to provide access to sex workers for those who would benefit from the opportunity for sexual expression. Leading disability rights advocacy and representative organisations such as People with Disability Australia, the First Peoples Disability Network of Australia, Women with Disability Australia and the National Ethnic Disability Alliance have indicated that they believe the ruling in the case does not go far enough and that different a policy position should be adopted.
They are of the view that we need a rights-based framework for sexuality in the NDIS that reminds us all of our commitment to uphold the United Nations Convention on the Rights of Persons with Disabilities, signed by Australia in 2008, which states that governments have an obligation to ensure that people with disability can enjoy rich and fulfilling lives equal to others in society.
The groups call for a sexuality policy that should be positively framed and place sex, sexuality and relationships within the context of disability supports. The policy should include a broad range of goals an NDIS participant may seek to include in their plan, which might include appropriate disability inclusive sexuality and relationships education, information and resources to support individual learning needs, support for dating and social sexual engagements, access to adaptive sex toys, access to sex therapy or utilising sexual services from sex workers. These are all services that can assist a person with disability to have an ordinary life.
People with disability do not necessarily have dampened sexual desires or less need for intimacy. Much research has shown that sex can benefit physical health, quality of life and psychological wellbeing. Some people with disability may face challenges in
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