10.74 States and territories legislate for the provision of supports and services to persons with disability. The role of disability services legislation in regulating restrictive practices is discussed in Chapter 8, where the ALRC recommends the development of a national approach to restrictive practices in disability services.
10.75 As a national quality and safeguards system for the NDIS is being developed by COAG, the ALRC considers it desirable for state and territory governments to review their disability services legislation, with a view to reform that is consistent with the National Decision-Making Principles and the Commonwealth decision-making model. This might involve, for example, moving towards compliance with the CRPD, as well as preparing for the implementation of the NDIS.
10.76 The Disability Inclusion Act 2014 (NSW) is an example of legislation which moves towards more complete recognition of the right of persons with disability to make decisions that affect their lives and to have those decisions respected. The Act includes an objective to ‘enable people with disability to exercise choice and control in the pursuit of their goals’ and a general principle that ‘people with disability have the same rights as other members of the community to make decisions that affect their lives (including decisions involving risk) to the full extent of their capacity to do so and to be supported in making those decisions if they want or require support’.
Disability Act 2006 (Vic); Disability Inclusion Act 2014 (NSW); Disability Services Act 2006 (Qld); Disability Services Act 1993 (SA); Disability Services Act 1993 (WA); Disability Services Act 1993 (NT); Disability Services Act 1991 (ACT).
COAG Disability Reform Council, Meeting Communiqué, 21 March 2014.
Disability Inclusion Act 2014 (NSW).
Ibid s 3(c).
Ibid s 4(5).