I rise to speak on my Disability Inclusion Bill 2024, which I proudly introduce today. The introduction of this bill marks years of work that my team and I have done and will continue to do. We have big plans for improving disability inclusion in Canberra and are very much looking forward to seeing how this bill will, in practice, help improve the lives of people with a disability.
The Disability Inclusion Bill 2024 is an act to promote the inclusion of people with disability in the ACT community in every respect. The bill recognises and applies the principles of the United Nations Convention on the Rights of Persons with Disabilities and establishes principles to protect and promote the rights of people with disability to fully realise their inclusion in the ACT community. Most significantly, the bill establishes a social model of disability within ACT law. A social model is a profound and important shift in the way we address inequity in our community.
The bill establishes a framework for creating disability inclusion strategies across government priority areas of participation, such as health, education, employment, justice and social inclusion. These are to be developed in consultation with people with disability and key stakeholders. It also requires ACT government agencies to develop disability inclusion plans which are specific to their organisation and to detail how they are going to adapt their work practices and programs to be more inclusive of people with disability. In line with the social model of disability, the bill puts the onus on those priority areas of participation to proactively remove existing barriers to full participation, equity and inclusion, rather than have people with disability individually and consistently seek the accommodations to which they are entitled.
I rise to speak on my Disability Inclusion Bill 2024, which I proudly introduce today. The introduction of this bill marks years of work that my team and I have done and will continue to do. We have big plans for improving disability inclusion in Canberra and are very much looking forward to seeing how this bill will, in practice, help improve the lives of people with a disability.
The Disability Inclusion Bill 2024 is an act to promote the inclusion of people with disability in the ACT community in every respect. The bill recognises and applies the principles of the United Nations Convention on the Rights of Persons with Disabilities and establishes principles to protect and promote the rights of people with disability to fully realise their inclusion in the ACT community. Most significantly, the bill establishes a social model of disability within ACT law. A social model is a profound and important shift in the way we address inequity in our community.
The bill establishes a framework for creating disability inclusion strategies across government priority areas of participation, such as health, education, employment, justice and social inclusion. These are to be developed in consultation with people with disability and key stakeholders. It also requires ACT government agencies to develop disability inclusion plans which are specific to their organisation and to detail how they are going to adapt their work practices and programs to be more inclusive of people with disability. In line with the social model of disability, the bill puts the onus on those priority areas of participation to proactively remove existing barriers to full participation, equity and inclusion, rather than have people with disability individually and consistently seek the accommodations to which they are entitled.
My team and I have been out in the community, talking with everyday Canberrans about disability inclusion and how this bill will help to better support some of its most vulnerable members. The support has been overwhelming, and we are spreading the word that for disability inclusion to really work it requires the whole community to drive change and accept responsibility for making our common places and spaces more inclusive to all. We can do better and we can be better.
It is clear that it should not be the responsibility of an individual with a disability to overcome challenges and obstacles that people without a disability do not have to overcome. Having a disability inclusion act will bring us in line with work that other Australian states have done, most notably New South Wales and South Australia, who already have disability inclusion acts. Naturally, they differ slightly from this bill, which has been developed with the intention of complementing existing policy and legislative frameworks. For instance, the ACT currently writes and implements disability inclusions strategies and so this bill directly addresses them, whereas other states do not. Additionally, South Australia’s legislation includes screening for workers participating in the NDIS, whereas we have dealt with this in separate legislation in the ACT.
I think it is also worth noting how this bill will work with other schemes to improve the lives of people with a disability. Australia’s Disability Strategy 2021-2031 is the national disability framework intended to drive action at all levels of government to improve the lives of people with disability. It supports Australia’s commitments under the United Nations Convention on the Rights of Persons with Disabilities. The ACT has signed up to Australia’s Disability Strategy 2021-2031 and is committed to realising the change that it seeks to achieve.
The Disability Inclusion Bill is intended to support the initiatives of Australia’s Disability Strategy 2021-2031 by applying the principles of the Convention on the Rights of Persons with Disabilities in ACT law to create a framework which drives the change that states and territories seek to achieve in the national strategy. This bill codifies the framework for the existing Disability Justice Strategy and Disability Health Strategy and will build on these by requiring further strategies across other key priority areas.
I would like to draw attention to some of the more significant clauses within the bill. Clause 5 sets out the object of the act. The object of the act is to ensure that people with disability are recognised as an important and valuable part of our diverse community and that it is the responsibility of all of us to foster a community where people with disability are included. The object outlines that, to do this, ableism must be addressed and barriers to accessibility must be not only identified but also removed.
This approach is core to moving to a social model of disability in the ACT, where people with impairments are not required to change to fit within the community but rather the community adjusts its structures and practices in a way that enables people with impairments to participate in society on an equal basis with others. The object is achieved by requiring the development of disability inclusion strategies to drive change across the whole community, and disability inclusion plans for the public sector so that government programs and services are inclusive.
Clause 5(3) notes that, to achieve the objective of the bill to an extent that is reasonably practicable, the principles of the United Nations Convention on the Rights of Persons with Disabilities and other relevant human rights instruments affecting people with disability, as enforced from time to time, are to be supported. The UNCRPD is pivotal in progressing disability rights globally and supporting the implementation of the social model of disability. Australia ratified the UNCRPD on 17 July 2007 and it came into force in 2008.
In 2009, Australia ratified the Optional Protocol to the Convention on the Rights of People with Disability. The Optional Protocol came into force in Australia in 2009. Both documents therefore influence the legislative and policy approach of the Australian government and the states and territories. In implementing the requirements of this bill it is crucial to consider these documents, as well as other instruments that may be in place, to make sure the responses arising from the actions of this bill are consistent with our wider commitments and obligations.
Clause 6 defines the terms “disability inclusion” and “ableism” for the purposes of this act. The concepts involved in these definitions are central to this act and its implementation. As we move to a social model of disability, commonly held practices and perceptions will be challenged. The concepts outlined in this section are intended to provide a clear basis from which disability inclusion under a social model should be approached as the objects of the act are implemented.
Clause 8 sets out the meanings of priority inclusion areas and the responsible minister for the purposes of disability inclusion strategies. The priority inclusion areas are intended to cover the priories outlined in Australia’s Disability Strategy, as well as providing for the minister to declare additional priority inclusion areas.
Clause 9 sets out certain parameters to guide the development of disability inclusion strategies for priority inclusion areas. Disability inclusion strategies are intended to be high-level documents across a range of stakeholders in a priority area and are not limited to one organisation.
Clause 9(1) establishes a requirement that the minister responsible for a priority inclusion area must make a strategy for that priority inclusion area. The minister responsible must make the strategy in consultation with the minister responsible for this bill, which will be the Minister for Disability. This is an important aspect to the development of strategies. To drive the change sought by this bill, all ministers with responsibility will need to direct change within their portfolio areas. Consultation with the minister responsible for this bill will allow the minister responsible for this bill to meet any obligations they have for the implementation of this bill, as well as meet their portfolio responsibilities.
Clause 10 sets out the minimum requirements for consultation when developing a strategy for a priority inclusion area. Importantly, this clause requires that consultation must be undertaken in a way that is inclusive of people with disability and in ways that are accessible to all abilities.
Clause 13 sets out certain parameters to guide the development of disability inclusion plans for a public sector entity. Disability inclusion plans focus on the actions that a specific entity will undertake to improve the inclusion of people with disability and to address ableism across their organisation.
Clause 14 sets out the minimum requirements for consultation when developing a disability inclusion plan. Importantly, this clause requires that consultation must be undertaken, again, in a way that is inclusive of people with disability, and in ways that are accessible to people of all abilities.
Clause 15 allows a public sector entity required under another territory law to prepare an inclusion plan or plans to avoid duplication by preparing a single plan that will be taken to meet the requirements of this act and the other acts. This is particularly relevant in the context of positive community obligations.
Clause 17 establishes the Disability Advisory Council. Clause 19 sets out the number of members, roles and make-up of the council. Importantly, this clause requires that the minister must take all practicable steps to ensure that membership of the council reflects the diversity in the community. Clause 21 establishes that the council has the autonomy to operate in a way that it considers appropriate.
Clauses 1.1 and 1.2 in schedule 1 outline the general principles that should be applied when devising strategies and actions to achieve disability inclusion plans.
In finalising my remarks today, I would like to thank the people and organisations that have provided feedback and shaped this bill into the best that it can be. It has been a privilege to walk this path with so many advocates for change who, in their own work, do so much to make this world a more inclusive place. I am grateful for the time they have taken to share their expertise and truly consider every aspect of the bill so that it meets its full potential. I look forward to continuing to work with all these people as we take the next step in making the ACT a more inclusive place for people with disability. Thank you.
