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Summary Review of the Disability Services Act 1993 (NSW) [i] (1999)

handle is hein.alrc/rvdisser0002 and id is 1 raw text is: ~S UMMARY , OF REPO RT-.-9I REVIEW..l RTHED5 LTY SERVICES ACT 1993 (NSW) Contents 1. Introduction 6. Transition 2. Objects, Principles and 7. Improving Quality Applications of Principles 8. Children and Young People 3. Planning 9. Enforcement 4. Access to Mainstream Services 10. Disability Services Regulation 5. Funding 1. INTRODUCTION The New South Wales Law Reform Commission was asked to review the Disability Services Act 1993 (NSW) (DSA) and the Disability Services Regulation 1993 (NSW) to look at whether the policy objectives of the DSA are still valid and whether the terms of the DSA are appropriate for securing those objectives. The Commission was also asked to review the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) (CAMA) which complements the DSA. In September 1993, the Commission published Issues Paper 16 on its review of the DSA and Issues Paper 15 on its review of CAMA. The Commission consulted extensively on the issues. raised in these papers. It held several public seminars in Sydney and region'al areas, engaged consultants to conduct a series of focus groups with people with disabilities and with children who used or had used substitute care services, and received over 90 oral and written submissions. 2. OBJECTS, PRINCIPLES AND APPLICATIONS OF PRINCIPLES The Commission found that the objects, principles and applications of principles generally remain valid, but suggests some minor changes to ensure that the DSA reflects the aspirations of people with a disability. For instance, the Commission recommends that the objects be amended to cater also for people with increasing support needs and that the principles be amended to: * ensure that access to services is determined on a fair and equitable basis; * provide for cultural and linguistic diversity, and gender and sexual orientation; and * recognise the importance of families and carers of people with a disability. The Commission further recommends that the terminology of the DSA should be updated. For example, terms which imply that people with a disability should adopt some normal majority lifestyle in order to become part of the community should be removed and replaced by terms which emphasise choice. The focus should be on inclusion in the community, not integration. 3. PLANNING Good public policy requires that the process by which public money is distributed for public programs should be transparent. The funds should be distributed equitably on the basis of

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