Wednesday, 21 September 2022

Bills

Disability Amendment Bill 2022

Second reading

Debate resumed on motion of Mr BROOKS:

That this bill be now read a second time.

Mr KENNEDY (Hawthorn) (10:49): I am glad today to be speaking on the Disability Amendment Bill 2022. Earlier this year we committed to legislative amendments that would increase residential protections for Victorians in disability accommodation as well as improve quality and safeguards in service for people with a disability. In preparing this speech today I had not come across this item which just has come to my notice, and that is some recent research in a report from the New South Wales Bureau of Crime Statistics and Research. The report, released earlier this week, found people with disabilities are more than twice as likely to be victims of violent crime as the general population. It also found disabled victims of violence are about 17 per cent less likely to either see their cases proceed to court or see an outcome outside court. This link between disability and becoming a victim of violence has always been an issue, but now we have seen some research that supports that contention.

As my colleagues stated yesterday, the Disability Act 2006 review has been underway since 2018. We are a government committed to ensuring that our legislative frameworks are modern and fit for purpose and create meaningful change for people with disability. Historically this is a policy area that has been largely ignored. Our society was not built for disabled individuals, and now in 21st century Victoria we are faced with the challenge of reworking our society to make it accessible for all Victorians. This bill is part of this reworking. It is a contribution to the realignment of the way we govern to encompass people no matter their disability. It is important to remember that this forms part of the broader reform of the Disability Act currently being undertaken, in which work is being progressed over three stages. The second stage of this review is currently being completed.

Whilst legislation like this is an important start, attitudes must change, as must our infrastructure. Just a little word on the way now about train stations—you would know that this is one of my favourite topics given my hefty use of the train. We have 10 train stations in the electorate of Hawthorn, and constituents have come to me time and time again with different issues relating to these stations. Earlier this year the Minister for Public Transport accompanied me to Riversdale station to inspect it as I explained how that station and stations like it in the electorate can be improved. Consequently we saw a commitment in this year’s budget of $250 000 to develop plans to make six stations in Hawthorn more accessible for all Victorians. Unlike community car parks at Hawthorn train stations, this is something that the community is calling for and will actually be investigated and planned out properly before we invest in it.

This is a solid start, but there are still further accessibility issues with Hawthorn public transport that need to be improved, as indeed there are across the state. I know that this government is always looking to make our tram network more accessible, and it has been encouraging to see the new order of low-floor trams as well, as these will make travelling on our great tram network far more accessible to all Victorians. Our work making the train stations more accessible is an important start, and accessibility in Hawthorn will be aided by this bill. But we have more work to do. I am glad to see these changes to the overarching legislative framework because it will take more than these important local projects to improve accessibility. Changes like the removing of unnecessary barriers that hinder the sharing of critical information between service providers or clarifying residential rights and duties for people subject to civil and criminal orders in disability residential services and parameters for service providers in delivering residential and treatment services may not be flashy, but they will change lives.

People often make the mistake of thinking that accessibility issues are niche and do not really affect them. However, around 20 per cent of our population live with a disability of one kind or another. We are a government that are conscious of these issues, which is why our changes go beyond the local and the legislative. We are delivering the $1.6 billion disability inclusion package. However, for decades little or no consideration was given to accessibility issues.

We now face the enormous task of reworking our infrastructure and systems to be inclusive of all Victorians, especially the 20 per cent living with a disability. We promised to introduce legislation in 2022 to improve support for disabled Victorians, and today we are delivering on that promise. These are vital reforms, with effects ranging from better safeguards for Victorians with a disability to better quality services for these Victorians. At a fundamental level the effect of this bill will be to improve service provision to people with a disability. I think it is important to consider the depth of the challenge facing us in this policy area. It is multifaceted, affecting every department in this government.

Earlier I discussed the impact of historically discriminatory public transport infrastructure. Now I would like to talk a little about education. I regularly visit the Rossbourne School in Hawthorn, which serves students who have difficulties in mainstream schools due to their educational and social demands. I applaud the students and staff of Rossbourne, and I believe that they serve as a model for similar schools across Victoria. They implement innovative programs to support Hawthorn students, and I applaud their commitment. However, we must continue to support institutions like Rossbourne. I have used these Hawthorn examples today to display both the immense barriers facing disabled Victorians but also the diligent institutions that support them. The changes that we need to make to create a truly accessible Victoria will not happen overnight, but it is important that we keep reforming legislation and supporting good organisations like the Rossbourne School. It is important to remember throughout this debate that historically the lack of focus on disability inclusion has had the effect of locking out many Victorians from a large part of our society. It is imperative that this government continues to govern as it has for the last eight years—that is, for all Victorians.

I particularly notice that each year Rossbourne invites me to hand out badges of responsibility to the student council. Time and time again I have seen what might be described as disabilities or outbursts, or whatever it might be, but what strikes me each time is how beneficial to society these kids’ behaviours are. It is hard to explain, but that sometimes seemingly overly extroverted behaviour that I am greeted with every time I go to Hawthorn railway station, where they greet me with, ‘Hello, John. How are you?’ et cetera—you really could not imagine the average year 9 in almost any other school being so keen to meet the local member. That is the sort of thing I mean about harnessing those particular traits, if you like, and seeing that they can be then turned for the good of our society in Hawthorn, Victoria and beyond. Rossbourne is a great example, and it is one of my favourite places to visit, I have to say.

This bill forms part of a broader reform program, one that seeks to make our state accessible to all Victorians. I would like to thank all of those who made a contribution to the consultation in the process of the creation of this bill, and I appreciate their having shared their lived experiences. I am looking forward to further reform in this area as we continue to do everything we can as a government to promote disability equality and to boost the quality of our services. I commend this bill.

Mr MAAS (Narre Warren South) (10:59): It is a pleasure for me to rise and also make a contribution to the Disability Amendment Bill 2022. It is indeed always fantastic to rise to speak after the member for Hawthorn, who I might say at this point probably understated it a tad when he said that people would not be necessarily excited to meet their MP. Having been out on a few occasions of an evening after Parliament with the member for Hawthorn, it never ceases to amaze me how many people actually recognise him when we are out dining at many of the fine establishments that are around the CBD. He is a well-known MP and a very hardworking MP for his constituency, and his influence is indeed known right around Melbourne. So fantastic work, member for Hawthorn.

On the Disability Amendment Bill, the overall objective is that it forms part of stage 2 of the Disability Act review and will introduce critical amendments to enhance services, safeguards and protections. The bill will also amend the Residential Tenancies Act 1997 to promote residential rights in specialist disability accommodation and the Disability Service Safeguards Act 2018 in relation to worker screening. The Disability Act 2006 is being amended so that rights for persons residing in residential services and those subject to compulsory treatment and restrictive practices are uplifted and to align and reduce duplication of requirements for the use and authorisation of restrictive practices by registered NDIS providers and disability service providers. The bill will also amend the Disability Service Safeguards Act to remove duplication in the worker screening process for the Disability Worker Registration Board of Victoria, which will result in the board recognising national police checks completed by workers as part of the delivery of the national disability insurance scheme services. Finally, the Residential Tenancies Act will also be amended to ensure that there are no gaps in residential rights and protections for people living in specialist disability accommodation.

This is all being done in this context. It is to acquit the Victorian government’s public commitment to amend the Disability Act to increase residential protections for Victorians in disability accommodation and to strengthen the quality and safeguards in services for people with disability. It was earlier this year, in March, that the government announced that legislative amendments would be made to increase residential protections for Victorians in disability accommodation and strengthen the quality and safeguards in services for people with disability. The bill is one of the key outcomes of the Disability Act review, which has been underway since 2018. It is a priority government reform aimed at ensuring our legislative frameworks are fit for purpose and contemporary and create meaningful change for people with disability. The second key piece to be delivered before caretaker is the release of an exposure draft of a new disability inclusion bill for public consultation. The exposure draft of this bill will include a proposal for a commissioner for disability inclusion.

The passage of the Disability Amendment Bill is important to ensure services, safeguards, rights and protections for Victorians with a disability are protected and enhanced. The bill clarifies residential rights and duties for people subject to civil and criminal orders in disability residential services and parameters for service providers in delivering residential and treatment services. It also ensures residential rights and protections for people living in specialist disability accommodation that do not meet the current definitions in the Residential Tenancies Act. The bill aligns and removes duplication. It also ensures accountability and consistency of approval requirements for the use of restrictive practices for both NDIS and state-funded disability service providers. It also addresses gaps and clarifies the criteria and processes for compulsory treatment and placement in residential treatment facilities to support client and operational safety and strengthen clinical oversight of admissions and extensions of admissions.

The bill also allows the minister to declare additional categories of disability accommodation so that community visitors can inquire into the quality and standard of support provided to residents. Of course better service and coordination is key, and the amendments will strengthen and clarify information-sharing provisions by removing unnecessary barriers that hinder the sharing of critical information between service providers.

In terms of this bill coming to this house, there has indeed been much stakeholder consultation. The bill itself has been informed by submissions which were received during the public consultation process in 2021, engagement with the expert Disability Act review advisory group and targeted consultation across the sector and government. Stakeholders are in broad agreement with the proposed reform. More significant and complex areas of the Disability Act are expected to be considered next year as part of stage 3 of the Disability Act review. This will enable more time for detailed consultation with the public advocate and other key stakeholders as well as enabling the review to be informed by emerging recommendations of the disability royal commission ahead of their final report in September 2023. In terms of that consultation, there were various bodies that were consulted in terms of giving that broad approval to the terms of the bill: bodies such as VCAT, the Office of the Public Advocate, the Victorian senior practitioner, the Office of the Victorian Information Commissioner, the health complaints commissioner, Victoria Legal Aid, National Disability Services, Victorian Council of Social Service, Carers Victoria, Melba Support Services, Yooralla, Possability, Scope and the Victorian Disability Worker Commission. Consultation has occurred across government with the departments of Premier and Cabinet, Justice and Community Safety, Health, Transport, and Education and Training, as well as Victoria Police and the Transport Accident Commission, all of whom support these reforms.

Also key is what actual effect the amendments in this bill will have on workers. The reforms will make it both easier and cheaper for workers with an NDIS clearance to voluntarily register under the Victorian disability worker regulation scheme. The registration process will be easier to navigate for workers as they will not have to request an additional criminal history check. The cost of registration and any fee that will be applied as the scheme matures will be lower as applications will be cheaper to process if the Victorian Disability Worker Commission does not have to administer and pay for the criminal history checks to be completed for all applicants. The registration status of workers who are currently registered will not be affected by the amendments. However, workers will need to re-register annually, and the amendments will make it easier for these workers to register in future if they have an NDIS clearance. The Disability Amendment Bill 2022 has had some degree of consultation and work that has been put into it. On that basis, I would like to commend the bill to the house.

Mr EREN (Lara) (11:09): It is with pleasure and also a bit of sadness that I speak on this bill today, which is my last bill before the house. Obviously my valedictory speech will be this afternoon, and this is the last bill that I will be speaking on. But it is a pleasure to have such a bill before the house. I have been proud of every single bill that I have spoken on, indeed every single bill that has come through this house, while I have been a member here. It is all about making sure that we have a fairer society, a just society and a society where you do not leave anyone behind, and that is exactly what this bill does. It is about making sure that we do not leave anyone behind. The Disability Amendment Bill 2022, which is before the house, does exactly that, and I am so pleased to be a part of a government that is continuing on with the work of making Victoria a fairer place.

I am obviously very pleased to be speaking on this bill. I just want to go through some of it. It was eloquently put before the house by the member for Narre Warren South, but I will repeat some of those things that he said. I think it is important to put on the record some of the important changes that are happening in relation to this bill, so if you bear with me, I will refer to some copious notes.

This bill forms part of stage 2 of the Disability Act 2006 review and will introduce critical amendments to enhance services, safeguards and protections, which is obviously fantastic. The bill will also amend the Residential Tenancies Act 1997 to promote residential rights in specialist disability accommodation and the Disability Service Safeguards Act 2018 in relation to worker screening. The bill is one of the key outcomes of the Disability Act review, which has been underway since 2018. It is also a priority government reform aimed at ensuring our legislative frameworks are fit for purpose and contemporary to create meaningful change for people with disability.

The second key piece to be delivered in this release is an exposure draft of a new disability inclusion bill for public consultation. The exposure draft of that bill will include a proposal for a commissioner for disability inclusion. The passage of the Disability Amendment Bill this year is important to ensuring services, safeguards, rights and protections are protected and enhanced for Victorians with a disability. On 14 March 2022 the Victorian government announced that legislative amendments would be made this year to increase residential protections for Victorians in disability accommodation and to strengthen quality and safeguards in services for people with disability. The Disability Amendment Bill acquits this commitment. Key amendments in this bill include increased rights and protections. The bill clarifies residential rights and duties for people subject to civil and criminal orders in disability residential services and parameters for service providers delivering residential and treatment services. The bill also ensures residential rights protections for people living in specialist disability accommodation that does not meet the current definitions in the Residential Tenancies Act.

The bill will also improve services, which is obviously needed and important. It removes duplication and ensures accountability and consistency of approval requirements for the use of restrictive practices for both national disability insurance scheme—the NDIS—and state-funded disability service providers. It will also address gaps and clarify the criteria and processes for compulsory treatment and placement in residential treatment facilities to support clients and operational safety and strengthen clinical oversight of admission and extensions of admissions.

The bill allows the minister to declare additional categories of disability accommodation so that community visitors can inquire into the quality and standard of support provided to residents. Importantly, the bill will also improve service coordination. These amendments will strengthen and clarify information-sharing provisions by removing unnecessary barriers that hinder the sharing of critical information between service providers.

The bill clarifies the functions and responsibilities of the Secretary of the Department of Families, Fairness and Housing to ensure that the secretary is only responsible for services that the secretary funds. It also clarifies the secretary’s function in relation to the acquiring, holding or disposing of land or granting of land.

Finally, the bill reduces duplicative requirements by allowing an NDIS worker screening clearance in lieu of a criminal history check for voluntary registration of disability workers. I think the member for Narre Warren South mentioned extensively some of the important issues that relate to that as well.

This bill has been informed by submissions received during the public consultation process in 2021, engagement with the expert Disability Act review advisory group, chaired by Graeme Innes AM, Australia’s former disability discrimination commissioner, and targeted consultation across the sector and government. So we are not bringing a bill before the house without consultation; we have done wide consultation, with the agreement of the stakeholders to bring this legislation before us today. The stakeholders are in broad agreement with the proposed reforms. More significant and complex areas of the Disability Act are expected to be considered next year as part of stage 3 of the Disability Act review, and this will enable time for detailed consultation with the public advocate and other key stakeholders as well as enable the review to be informed by emerging recommendations of the disability royal commission ahead of their final report in September 2023.

It is so important that we ensure our disability legislation is contemporary and fit for purpose. This bill will bring about critical reforms that will improve the delivery of disability services and enhance safeguards for Victorians with disability. Again I have got to say the bill is one of many reforms of our government which will promote disability equality and inclusion and enhance the quality and effectiveness of our services. Therefore obviously I commend the bill to the house.

Ms COUZENS (Geelong) (11:16): I am pleased to rise to contribute to the Disability Amendment Bill 2022, and it is a great pleasure to follow the member for Lara and hear his final speech on a bill. I know how passionate he is about providing services for people with disabilities. I do want to take this opportunity to thank people with disabilities, their carers and their families who have provided input into this bill and many other changes that we have made since coming to government in 2014. I had the privilege of being on the Family and Community Development Committee inquiry into abuse in disability services back in 2016. The final report highlighted the need to build a culture of zero tolerance, supported by a skilled and qualified workforce. I am delighted that over that period of time we have started to make significant changes in our community. Through that inquiry we heard from many people with disabilities and their families about their experiences, the need for change and what they saw as priorities for them and their family members in our community. This government has rolled out many of the recommendations from that inquiry.

Since becoming the member for Geelong back in 2014 I have passionately worked with people in my community who have lived experience of disability, in particular through the accessible and inclusive city work that we did for the community of Geelong. That was a group of people with disabilities coming together and talking about their experiences and what they see as being an accessible and inclusive environment for them to live, work and play. One of the areas that they expressed real concern about is that accessibility and inclusiveness have been lacking in years past. So through that coming together of people with lived experience we then looked at, ‘Well, what do we need to do to ensure that at some point Geelong becomes a wholly accessible and inclusive city for people with lived experience?’. The minister at the time, the member for Albert Park, committed funding for a piece of research to be done that looks at accessibility and inclusiveness in our community of Geelong. Deakin University undertook that research, and that was completed in 2020. Unfortunately due to COVID there have been some delays in further work on that, but I am delighted that the Victorian government has taken on that important accessibility and inclusiveness work.

I want to thank all of those people with lived experience who contributed to that research and identified some of the key factors around housing and transport and around having that accessibility around our city which will make a huge difference to their lives. Over the last couple of years we have been able to ensure that we have Changing Places facilities incorporated into our city. What we heard from people with disabilities time and time again was that they needed those Changing Places facilities to be able to go in and have dinner in the city or go down to the waterfront and enjoy that. For many people that was not an option because the Changing Places facilities were not there. I am delighted to say that we just recently opened up the Changing Places facility at Kardinia Park—and go Cats, of course, this weekend. In mentioning Kardinia Park, I cannot not say that.

Sarah Albon was an integral part in ensuring accessibility and inclusiveness, the ability for fans to go to Kardinia Park and enjoy the game. The incorporation of the sensory room some years ago has been absolutely incredible for so many people that really need that sort of facility. It is utilised very strongly during game days now, and many, many families are now saying it is the first time that a member of their family has been able to go to watch a game at Kardinia Park because of that sensory room being there and having access to that alongside, of course, the Changing Places facility. For a lot of people in my community, they have not been able to go and watch a game at Kardinia Park—go Cats—because they have not been able to use the toilet facilities.

Members interjecting.

Ms COUZENS: I am getting it in as much as possible. We also saw the introduction of a hoist at the Barwon River for people to get into a canoe or a paddleboat or do whatever they want to do. Having that hoist there enables them to do that. This is about incorporating these sorts of facilities so that people in our communities actually have access and feel included in our community. These sorts of things are really important for people with disabilities.

A lot of the work, as I said, around the accessible and inclusive Geelong work that we have been doing has identified where we need to improve. There are a number of things on the agenda which are really exciting for people with disabilities, but looking at all people with disabilities, not just those with physical disabilities. These are important steps for my community, and I know that for people in Geelong this bill is important and having more legislative changes and providing more facilities for people with disabilities is really important.

In March 2022 the Victorian government announced a legislative amendment would be made this year to increase residential protections for Victorians in disability accommodation and strengthen quality and safeguards in services for people with disability. As I said, through the inquiry into abuse in disability services we heard a lot about the issues confronting people with disabilities, particularly in home care situations. The bill is one of the key outcomes of the Disability Act 2006 review, which has been underway since 2018. It is a priority government reform aimed at ensuring our legislative frameworks are fit for purpose and contemporary and create meaningful change for people with disability.

The second key piece to be delivered before caretaker is the release of an exposure draft of a new disability inclusion bill for public consultation. The exposure draft for this bill will include a proposal for a commissioner for disability inclusion. This is very exciting I know for my community and I am sure for other communities across Victoria because these are the very things that have been put forward time and time again, as I said, in my community but also in other communities across Victoria. That inclusiveness is so important. When you think about people who cannot go out to work or to any of our tourist attractions, not being able to do that is wrong. They should have access just like anyone else, and that is why I really appreciate the fact that this bill is so important to people in my community.

The Disability Amendment Bill 2022 amends the Disability Act 2006, the Residential Tenancies Act 1997 and the Disability Services Safeguards Act 2018 to bring about critical amendments that will increase rights and protections, improve services, bring about better service coordination, clarify functions and responsibilities and reduce duplication. The passage of the Disability Amendment Bill this year is important to ensure services, safeguards, rights and protections are protected and enhanced for Victorians with disabilities. We are talking about some of the most vulnerable people in our community. Giving them access, as I have already gone through, providing a safe and secure environment for everyone in our community, including people with disabilities, is really, really important. I am really proud of the work that has been done in my community by people with lived experience. It is important to them. It impacts on their lives and the lives of their families, who are often restricted in what they can do. I am delighted to commend this bill to the house. Go Cats!

Ms THEOPHANOUS (Northcote) (11:26): It is with pleasure that I rise to speak in support of the Disability Amendment Bill 2022. As my colleagues have noted, this bill delivers on Labor’s commitment to promoting and protecting the rights of over 1 million people with disability who call Victoria home. This is all part of our broader work to review and improve the Disability Act 2006 which has been underway since 2018. It is a priority reform for this government aimed at ensuring our legislative frameworks are fit for purpose and contemporary and create meaningful change for people with a disability.

In the first stage of the review, technical changes were made to the act to facilitate the transition to the national disability insurance scheme. The amendments contained in this bill deliver the next round of critical changes to improve the delivery of state-funded disability services by ensuring that legislative protections provide enhanced services, safeguards, rights and protections for people with disability, bring about better service coordination, address implementation issues with the NDIS, clarify functions and responsibilities and reduce duplication. Before we move into caretaker mode, we will take the next important step with the release of an exposure draft of a new disability inclusion bill for public consultation. The exposure draft of this bill will include a proposal for a commissioner for disability inclusion.

This third stage will consider more significant and complex areas of the Disability Act and will enable more time for detailed consultation as well as enabling the review to be informed by emerging recommendations of the disability royal commission ahead of their final report in September 2023. At every stage of this process consultation has been key and listening has been key. I want to take this opportunity to thank and acknowledge all those who have participated in the development of these reforms as well as all those throughout our state and our nation’s history who have fought with passion and untiring determination to improve outcomes for people with disability, because we need to acknowledge that this road has been long and it has been hard. As we continue to see through the testimony to the federal Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, we need to acknowledge that there is still a way to go on this journey together.

As governments we have an obligation to listen to and reflect on and stand with people with disability as well as their carers as we continue to make critical change, because we have come a long way. In many ways the 1981 International Year of Disabled Persons was a turning point, a milestone in the movement towards inclusion and recognition of the rights and dignity of people with disability. In the years following, Australia saw both legislative and societal change. The very next year the Equal Opportunity (Discrimination against Disabled Persons) Act 1982 extended protection against discrimination to people with disability. In 1992 the Keating government introduced the federal Disability Discrimination Act, which would for the first time at a national level make it unlawful for people with disability to be discriminated against. More recently we have seen the introduction of the NDIS by the Gillard government, a world-leading and transformational scheme that changed the focus from crisis-driven welfare to a system with autonomy, choice and control at its heart, a system that recognises that the barriers preventing people with disability from fully participating sit with society rather than the individual. Now, there are problems with the NDIS. I recognise that, and we need to work through those at the federal level. Throughout, the disability advocacy movement have been a driving force for change, and they remain so today.

I was honoured to work closely with sector stakeholders and people with lived experience as part of the Legislative Assembly Economy and Infrastructure Committee inquiry into access to TAFE for learners with disability. We heard that while around 12 per cent of Victorians aged 15 to 64 live with a disability, only around 9 per cent of TAFE students have a disability. They are under-represented, but this is changing. In its first two years free TAFE enabled 41 per cent more students with disability to commence courses. We must ensure that TAFEs are accessible to everyone so we can maximise the opportunities presented by the NDIS and our free TAFE reforms. During its 12-month investigation the committee heard learners with disability can struggle with transition into TAFE and to fully participate because of barriers set up by poor career advice, the physical environment, inaccessible technology and of course people’s attitudes to disability. We also found many learners with disability who enrol at TAFE do not disclose their disability to staff and so miss out on receiving support to help them with their training.

From this work the committee drew a number of recommendations, including that TAFEs employ transition officers to help students with disability navigate the transition into TAFE and that TAFEs create a safe space for learners with disability to share their diagnosis and seek support. We also recommended providing learners with disability with wraparound support, informal peer networks, better access to assistive technology and more flexibility in course design and assessment. Learners with disability have the right to participate in TAFE on the same basis as their peers. Critically the committee recommended introducing dedicated funding to TAFEs based on the number of enrolled students with disability and the complexity of their needs. I am immensely pleased that the Andrews Labor government has welcomed these recommendations, and work is already underway on many of the areas we identified in our inquiry. This includes the delivery of the TAFE disability inclusion strategy in 2022, which will build on our progress to date with support from the committee inquiry’s findings.

Change requires rethinking and transforming the very infrastructure of our society, the way our programs are designed and the way we socialise and think about disability. In my own electorate of Northcote we have seen some important developments towards greater accessibility and inclusion, particularly in relation to transport and education. People with disability have the right to access and participate in education on the same basis as people without a disability, and one element of this is making sure our classrooms and our playgrounds are inclusive. As an inner-urban electorate Northcote has many local schools with buildings that are reaching their centenary or have already reached it and that in no way meet the needs or community expectations of families. Across our suburbs we have seen some exciting projects completed and underway to make buildings more accessible, and this goes beyond the implementation of things like wheelchair accessibility, although that in itself is important.

It also means accessibility is built into the foundations of our major capital works, and that means implementing aspects of universal design, classrooms that support flexible learning, breakout rooms and lifts. We also worked with a number of our schools to support successful applications to our inclusive schools program. As a result, Thornbury Primary, Westgarth Primary and Pender’s Grove Primary all have inclusive, welcoming outdoor play spaces on the way. We are also supporting our local special school, the wonderful Croxton School. Most recently we have delivered $7.9 million to construct a new specialist building as part of our broader $388 million investment in upgrading specialist schools as part of the 2020–21 budget, which is the largest ever investment in specialist schools in Victoria, and I believe now every single specialist school in Victoria has been funded for upgrades, which is quite extraordinary.

On the other side of this coin is ensuring students have the support they need to pursue their educational and career aspirations, and here again we have seen significant reform. Our new disability inclusion program is investing almost $1.6 billion to ensure that every student, regardless of their ability, thrives at school. Locally we have also recently seen some important improvements in the transport space, including safer and more accessible shared pathways around the Chandler Highway bridge, and there are more underway through our level crossing removals in Preston.

This year we also announced funding to deliver critical accessibility improvements at Thornbury and Merri stations, including boarding ramps and tactile ground surfaces, which are critically important to allow people with disability and mobility issues to get around safely on our public transport system. When it comes to accessible transport, one of the big remaining gaps for locals in Northcote is the availability of level-access tram stops, particularly along the route 86. We are fortunate to have the trams on our local lines that are level access, but the infrastructure still has a way to go to catch up. From stop 33 to stop 54 there are no level-access stops, and that traverses part of Northcote, the entirety of Thornbury, the entirety of Preston and some of Reservoir, so we still have a fair amount of work to do in that space. Locals know how many venues, services and shops are located along that route.

This is a big, complex job. Victoria has one of the oldest and largest tram networks in the world, but we are getting on with it. As is the case with so many big reforms and projects across our state, Victorians know that a Labor government will deliver for them. The amendments contained in this bill are a fundamentally important part of this broader work to build a fairer and more inclusive and equitable future for Victorians. It is work that goes to the heart of what kind of state and what kind of society we want to create: one that is inclusive and one that is accessible to everyone, where everybody has the same opportunities and rights. This Disability Amendment Bill is critically important to that. With that, I commend this bill to the house.

Ms CONNOLLY (Tarneit) (11:36): I too rise to speak on the Disability Amendment Bill 2022. This is a really important bill, because we know there are more than 1.1 million people in Victoria that are living with some form of disability. I think it can be really easy to come into this chamber and talk about disability and talk about legislation and the changes that legislation like the Disability Amendment Bill will make without reflecting on the people around us that might actually have a disability.

As the member for Northcote quite eloquently talked about, the Andrews Labor government’s commitment to upgrading and delivering better services and facilities at some of the most important schools in our community, the special needs schools, has been a real cornerstone of this government. I certainly have got numerous special needs schools in my community, including Warringa Park School. We have a primary that is there in the seat of Werribee, but we also have the high school of Warringa in Hoppers Crossing—a fabulous school that is doing great work with kids. Yes, life is challenging for those kids and their families, but they do have a really great opportunity to get an education at that school that is going to suit them and their lifestyle and what they want to go ahead and do. I certainly commend the families and the students at schools like Warringa and also the incredible teachers that work at those schools, who are able to help students meet their fullest potential.

It is really interesting for me, because I have spoken in this place many times about people with disabilities in Victoria but I have never actually spoken about the person in my family. Sometimes I think she was the matriarch of my family, and still to this day I smile because she most certainly was that, even though, sadly, she has been passed away for some years now; I think about my nanna, Nanna Jean. I know my daughter is here in Parliament today, and she is watching and glued to the TV. I thought I would give a shout-out to my nanna, Jean—so Emily’s great-nanna. Nanna, as I said, was a true matriarch of our family. Grandad had passed away many, many decades previously; he passed away when I was only about two or three years old, and he was certainly unable to see the birth of my siblings. Nanna had quite a significant disability, but no-one in my family ever considered it a major barrier or challenge to her. She certainly did not treat it as a disability. She was deaf. She went deaf at age 50—completely deaf, did not hear a thing. But I remember her telling us from a really young age that even though she could not remember ever hearing us speak as children and young adults she knew what our voices sounded like. She could hear it; we had our own sound to her.

I remember Nanna was an absolute expert lip-reader. She never learned sign language or anything like that. My family never learned how to communicate with sign language. Certainly over the last two years, watching Auslan and things like that when the Premier stood up to give his daily press conference was really interesting. I know Nanna watched a lot of TV—and this was before you could actually have the writing at the bottom of the screen for people who were deaf—but she would be lip-reading, so she was an expert lip-reader. It is really funny growing up only having memories of Nanna being completely deaf, never hearing a thing, because you always felt like she heard everything, and that is because she was such a great lip-reader. There was no way anyone could have a conversation around her and Nanna not know what we were saying.

But when I think about the types of challenges and the disabilities I see in my local community as the member for Tarneit and I reflect on Nanna now as an adult, it must have been incredibly challenging for her and indeed isolating. Nanna is not the only person that is deaf in my family. Her youngest son also started going deaf at around about the same age—around about 50 years of age. And I remember my Uncle Paul over a very long period of time was able to hear less and less. He loved live music. Whether that was a contributor to it or whether it was something genetic and hereditary we do not really know. But I remember for Uncle Paul we used to have to speak really loudly, and we never had to speak really loudly in front of Nanna because she could just lip-read us. But it was really different with Uncle Paul and watching him slowly going deaf. It was a really demoralising, challenging time in his life, and you could see the social isolation starting to happen. At family gatherings and get-togethers he could not hear the jokes, he could not hear the chatter, and he withdrew from conversation more and more.

It has been a while since I have seen Uncle Paul, but the last time I did see him—a couple of years ago—he had gone and done what we as a family had begged him to do for years. He had gone and gotten that cochlear implant. It was very, very expensive for him, and back then the cost was prohibitive of him actually going ahead and spending that money so he could hear properly. But having a conversation with him and watching him interact with family members—he was a completely changed man because he could hear. It was quite extraordinary, and again it really made me reflect on Nanna, who spent at least close to half her life completely deaf, not hearing a single thing.

If I come back to the bill, when we look at legislation and put bills through this house and this place it is really important that our laws go ahead and reflect every person in Victoria. Like I just said, 1.1 million people are living with a disability. It is really important that our laws reflect them and the challenges they face and most importantly afford them every right to live their lives freely and most importantly fairly to the fullest potential. I have to say it is really fantastic to see how a Labor federal government can make such a difference. It is fantastic to see a federal government in power that not only takes the national disability insurance scheme seriously but is actively ensuring that those who rely on it get the support they need.

The contents of this bill in particular build off a staged review of the Disability Act 2006, which kicked off in 2019. It is really important that the changes in this bill are delivered before caretaker mode kicks in, so I am really pleased to see this bill before the house on the last day of this term of Parliament. But it is really important that they are delivered before caretaker mode kicks off in order to make sure that our legislative framework is fit for purpose and that the services, the safeguards, the rights and the protections that Victorians with disabilities rely on are enhanced. The bill also precedes the release of a new exposure draft for the establishment of a new disability inclusion bill, which will go out for public consultation and include a proposed new role of commissioner for disability inclusion. I hope to be back next term in government in this same place to see this bill become a reality.

This bill does make a number of technical changes, and I am not going to talk about them in detail. I think my colleagues on both sides of this house have talked about them and the importance of them. These technical changes sometimes do not seem significant. They do not make the front page of the papers and there is not much retail value in them. But they do have really important consequences for Victorians living with a disability. Sadly, some Victorians living with a disability find that they do not feel like they have a voice. But they have a voice, and we are making sure that that voice is heard here in this place, which is part of this bill.

This bill is going to have important consequences, especially for people living in residential treatment facilities and those in specialist disability accommodation, because every Victorian living with a disability deserves to be able to live their life with dignity and with fairness, and I think this bill will go a long way to helping advance those goals. We say in Parliament all the time that equality is not negotiable, and now that we have fully acquitted the review into the Disability Act 2006 we are yet another step closer towards achieving that very, very important goal. That is exactly why I stand here and very proudly commend the bill to the house.

Mr BRAYNE (Nepean) (11:46): I also rise today to speak on the Disability Amendment Bill 2022. The Victorian government is determined to protect and support the many Victorians who are living with disability and to deliver reforms to better support them, their families and their carers. This bill helps do exactly that, ensuring better support and protections for Victorians living with disability. The bill will protect safeguards, rights and services, it will clearly define bureaucratic and department responsibilities and it will help reduce red tape in worker screening processes.

The Disability Act 2006 requires amendment in order to achieve the following outcomes: to promote rights for persons residing in residential services; to reduce duplication of requirements for the use of restrictive practices for registered disability service providers; to improve processes relating to supervised treatment orders; to provide a clearer legislative authority to disclose protected identifiable information; to clarify the secretary’s functions in relation to a number of items; to dissolve the Disability Services Board, as the role of the board has been substantially reduced, with the majority of service providers obviously transitioning to the NDIS; and to allow the minister to declare additional categories of disability accommodation so that community visitors can inquire about the support provided to residents.

On 14 March this year the Victorian government flagged these amendments in order for us to get on with increasing residential protections for Victorians living in disability accommodation. In doing so these changes will strengthen the quality and safeguards of those utilising such services. These amendments are key outcomes of the Disability Act review, which has been underway since 2018 and remains a key priority of the Andrews Labor government, getting on and making sure that current arrangements are appropriate, current and meaningful for people with a disability. In doing so this amendment bill will amend the Disability Act 2006, the Residential Tenancies Act 1997 and the Disability Service Safeguards Act 2018, resulting in better service coordination and increased protections. It is critical that the passage of this bill is achieved through the Parliament before it rises to ensure we can achieve what this bill will deliver in a timely manner.

When I was elected in 2018 one of the first things I needed to do was meet with community members and community advocates. Marie Hell and Kevin Turner from my community were two such people, relentless and committed to making positive change in the carer space, chairing the Community Lifestyle Accommodation group, or CLA as they are known. I met with them very early on in my term as their local member of Parliament. They told me the work they have been doing in our region and why it is so important. CLA have worked hard on lobbying for housing projects; providing information, peer support and social functions; and making submissions to all levels of government. They are a grassroots carers group who are considered leaders in speaking out and advocating for and on behalf of carers and their families on the Mornington Peninsula. I have been pleased to meet with the group and attend functions on many occasions, where I continue to be blown away by the good work that so many people do right across the Mornington Peninsula, frequently unrecognised.

It is vital that we pass these amendments before the end of the year for many reasons, so I will now turn to some of the amendments in detail. Firstly, the bill will help clarify the rights and duties for residents who are subject to orders in disability residential services. It will also provide the parameters for service providers delivering services in those settings. It will ensure residential rights protections for those in specialist disability accommodation where the current definitions in the Residential Tenancies Act are not met. Secondly, this amendment will act to address the protocols and processes for compulsory treatment and then placement in facilities to help support clients and improve safety. This will also add to strengthening the clinical oversight of admission. It will also clarify information-sharing provisions and remove unnecessary barriers that hinder the ability for service providers to work together and share vital information.

This bill has been part of a public consultation period and process over the past year. The chair of the Disability Act review advisory group, Graeme Innes AM, has received submissions from the public and used these to engage with government and across the disability sector. Importantly, the amendments I am speaking on today have received widespread agreement across the sector. It is vital that acts that affect many Victorians keep up to date in the context of an ever-changing disability sector and the national disability insurance scheme. So much has changed since the Disability Act was enacted in 2006. In order to ensure the legislation is effective, the Disability Act review ensures that legislation is not letting down Victorians with a disability.

The review of the act will occur in three stages. Stage 1 in 2019 made amendments to the Disability Act in readiness for the NDIS. Stage 2 resulted in the development of the Disability Amendment Bill and the exposure draft for the disability inclusion bill. Stage 3 is expected to take place next year, and it will enable a more thorough review of complex safeguarding provisions. Additionally, it will make further consideration of issues that any stakeholders may have as well as undertake a forensic review of other relevant state and commonwealth reforms.

I have reiterated many times during my contribution that it is critical that this bill be passed before the end of the year. Why is that? Well, the amendments meet stakeholder legislative expectations. Simply put, it is what Victorians living with a disability expect us to do. Addressing gaps in the current system is always time-critical, and we will not sit idly by until after an election to make changes that need to happen now. Additionally, the changes to the Residential Tenancies Act 1997 are quite urgent. These issues were raised by stakeholders during the public consultation process, and there are a few legislative issues that need immediate fixes. For example, people with a disability who do not meet the criteria under the Disability Act or Residential Tenancies Act currently have no protections afforded to them. This inflexibility is something we must address. Critically, this bill also addresses issues raised by the NDIS Quality and Safeguards Commission where Victorian legislation is out of date. This relates to authorisation of restricted practices and must be rectified with these changes. Similarly, amendments are required for supervised treatment order provisions due to the Victorian law not reflecting the changed requirements of the commission. The resulting operational changes mean there are some gaps that need to be addressed. Finally, the information-sharing provisions between providers are outdated, and the bill will help rectify issues surrounding the disclosure of identifiable information and the ability of providers to carry out their work.

There have been monumental changes to disability care, disability accommodation and the provision of disability services over the past 10 years, headlined of course by the rollout of the national disability insurance scheme across the country. This government is committed to ensuring that disability legislation is up to date, contemporary and best serving Victorians. The reforms outlined in this bill will improve the delivery of services and improve protections for Victorians with a disability. The stakeholder engagement and public submission process has been extensive and thorough, and all Victorians and members of my community should be confident these amendments will enhance and improve the legislation and protect those Victorians with a disability. I commend this bill to the house.

Mr TAYLOR (Bayswater) (11:55): It is a great pleasure to rise and speak in support of the Disability Amendment Bill 2022 and, as always, acknowledge the minister’s work on this; of course the staff and the team—always behind every piece of legislation that makes its way to this place is the hard work on the ground by departmental staff; and everyone who has been consulted—stakeholders, individuals—on what is a really significant piece of legislation that we are hopefully going to be passing through this place today.

It is fantastic to hear about the passion from across the board—from all members of this place— when it comes to disability inclusion and equal access, particularly from previous contributors I have heard since I have made my way back into the chamber. The member for Nepean, the member for Northcote and the member for Tarneit were talking about not just some of their personal experiences but some of the local context with how the Andrews Labor government is making for Victoria and indeed their local communities a more inclusive and more accessible space for those who need it. It is a great privilege to serve as part of a government, the Andrews Labor government, that takes very seriously the importance of reforms in disability and making sure that no matter your ability, no matter your disability, everyone has a fair go. We are continually looking for ways to make sure that we level the playing field and give everyone every opportunity in life. This legislation here today in front of us is but another important piece of the puzzle in what this government is continuing to do. Of course we have had some great reforms across the area—not all of them directly related but many of them indirect reforms—through pieces of legislation that have passed through this house, particularly around mental health very recently. That will have a significant impact in making sure those who need support absolutely get it and in building the fair and very best mental health system that Victorians deserve. They are significant pieces of legislation, and this one is also critically important to our government’s work in making our state fairer and inclusive for all.

I will say it has been quite heartening to hear from our federal counterparts in the new federal Labor government through comments from the Minister for the National Disability Insurance Scheme, Bill Shorten, about some of the important work that he will be undertaking as minister. As a government we know the NDIS is a critically important scheme but certainly an imperfect scheme. A lot of bureaucracy can be really hard for people to navigate their way through. It is indeed an important scheme, delivering critical support to those who need it, but it is really important that, as we have done with this legislation, we keep listening to people—people with disabilities, people with lived experience, those key stakeholders—to make sure that we keep levelling the playing field. I was really glad to hear from Bill Shorten that they will be conducting reviews into a lot of the issues that the NDIS system is currently facing. No system is perfect, but when it is something as important as this—and of course, as with all things in government, there is always room for improvement, particularly when it comes to the NDIS—it is very important that we keep improving it and making it more equitable, accessible and everything else in-between.

We know that this bill forms part of stage 2 of the Disability Act 2006 review, and it will introduce critical amendments to enhance services, safeguards and protection. The bill will also amend the Residential Tenancies Act 1997 to promote residential rights in specialist disability accommodation and amend the Disability Service Safeguards Act 2018 in relation to worker screening. On 14 March we announced that legislative amendments would be made this year to increase residential protections for Victorians in disability accommodation and of course strengthen quality and safeguards in services for people with disability. This legislation acquits well and truly this commitment. This bill is but one of the key outcomes of the Disability Act review announced earlier, which has been underway since 2018. It is a priority government reform aimed at ensuring our legislative frameworks are fit for purpose and contemporary and create meaningful change for people with disability.

The second key piece to be delivered before caretaker is the release of an exposure draft of the new disability inclusion bill for public consultation. The exposure draft of this bill will include a proposal for a commissioner for disability inclusion as well, a very critical piece of work and I know something that certainly has been raised time and time again, and I am glad that our government is getting on with that important work. The Disability Amendment Bill 2022 does, as discussed, amend the Disability Act 2006, the Residential Tenancies Act 1997 and the Disability Service Safeguards Act 2018 to bring about critical amendments that will increase rights and protections, improve services, bring about better service coordination, clarify functions and responsibilities and reduce duplication. Of course passage of the Disability Amendment Bill this year is important to ensure services, safeguards, rights and protections are protected and enhanced for Victorians with disability.

Before I get onto some of the key amendments, I just want to importantly note that when it comes to improving lives for all and making sure we level the playing field for people with disabilities, the local context and local investments are also critically important, and that is why I am glad we have just finished and we are about to open up officially the new Wantirna public aged care facility. That is an important facility for people with complex care needs—obviously our senior Victorians—and that is a really profound investment in our community. I am sure we will all have a story—perhaps not as big as that—across every single community in this area that hopefully we are all equally as proud of, because I know that is going to make a huge difference for people in my community who need it most.

I know the member for Northcote was talking about some of our inclusive, accessible programs through business-as-usual government programs. The Inclusive Schools Fund is making a huge difference. We built playgrounds for people in the community that I represent in Bayswater—at Bayswater West, for Lily-Fay, who otherwise could not have used the playground equipment. I know that she and her family are so excited about the new playground that we are going to be constructing there. Sometimes it is important to just take a step back and remember the things that we are doing here are so critically important. It is not always the big things. This playground is $178 000 but will make a world of difference to a girl who has not had the opportunity otherwise. Of course that is just one example. I know there will be many children there who will benefit from those upgrades, so these are just a couple of examples.

With the indulgence of the house, I just want to say a few words. This is the last bill I am talking on for this sitting term, so I want to importantly thank the clerks of Parliament and all the staff. Hansard, thank you very much for replying to my emails. You are pretty much used to getting them as soon as I finish a bill speech, so thank you very much. I really appreciate everything you guys have done.

Importantly, to my staff over the four years to date, I want to say a massive thankyou, and I hope I do not forget anyone. Julie Buxton is an absolute legend. I am still very good friends with her. She is an amazing human. Will Broadbent does the best graphics in town and the best videos. He is an amazing young man. It has been so great to watch him grow these last four years. He is an absolute gentleman, and I am very proud to have him as part of the team. Eve Cain-McAliece was a fantastic member of the team, particularly during the pandemic. She copped a lot of grief during that time and she handled it absolutely amazingly, so thank you very much to Eve. James Gan and Adam Abramovich were the OG team back in the day, when I first got elected. Thank you very much to both of those fantastic humans. Liam Pierides is a young, energetic bloke, and there is not much I ask that he does not do. In fact I do not think there is—he is just the Energizer bunny—so thank you so much to Liam. Patrick Kelly, we are like Shrek and Donkey. I am not sure who is Shrek and who is Donkey, but Patrick has just been amazing. I cannot thank him enough. He is the office manager, and he has gone above and beyond. He is the most amazing bloke and a great and dear friend, as are all of the people who have worked with me on an ongoing basis.

A big shout-out as well to Maria Avocone, my dad’s partner, who is going through a really difficult time at the moment. I will send her a copy of this. I really wanted to get her name in Hansard. She is going through a very, very difficult time at the moment, so I want to say I wish her very well. I know that my dad, David Pearson, is doing a great job looking after and supporting her. Last and not least, my partner, Natasha Russo, my fiancée, is one of a kind, the best human, the best person I will ever meet. I am very glad that she has accepted my proposal to spend the rest of her life with me.

Members interjecting.

Mr TAYLOR: I know, right? She is a gorgeous human. I am sure Tash would like me to say this will not be my last speech in Parliament. I will be back again, and I will be back again because of the great support that I get from everyone around me. I commend this bill to the house.

Ms HALFPENNY (Thomastown) (12:05): I also rise to make a contribution to the Disability Amendment Bill 2022, a bill that is one of the key outcomes of the Disability Act 2006 review that has been underway for some time. Before I go into more details about the legislation, I want to raise an event that we are very proud of in the Thomastown electorate, where in the small suburb of Lalor there is an unassuming but thriving local bocce club called the Lalor United Bocci Social Club. This club on the weekend performed a most generous and compassionate act under the leadership of president Mr David Ellul. We celebrated their donation of $100 000 to the Royal Children’s Hospital. It was accepted by the Royal Children’s Hospital philanthropic representative Philippa Prescott, who commented that she normally works with big corporations and wealthy donor organisations, highlighting just how significant and special the Lalor United Bocci Social Club is. This is a club made up of everyday people, hardworking members of our community that have saved and built funds through raffles, events, dinners and barbecues, and now they are providing that $100 000 to the Royal Children’s Hospital to treat children, many of whom have disabilities as well as other illnesses and injuries. I think any parent will know of the Royal Children’s Hospital and will have visited there on many occasions.

This really demonstrates the multicultural nature of Victoria and the generosity of the multicultural community. The bocce club is made up of members of Victorian society that are of Maltese descent or background. It just shows that while they celebrate their Maltese heritage and background, they can also celebrate what it is to be Australian and to provide such a generous donation to the Royal Children’s Hospital, who do so much work to treat and support children so that they can also thrive and have a good quality of life.

In finishing off on that, as I mentioned, there are supports that the children’s hospital does provide for children with disability. Of course children grow up in many cases with disabilities that need continued support. This legislation that we are discussing and hopefully passing today is another aspect of the Victorian Andrews Labor government’s work on making sure that those that may be perhaps more vulnerable in our society are given stronger protections to ensure that they are not exploited and that they are able to have access to good services, including services such as housing.

I just want to go to one section of this disability legislation that we are discussing today. It is looking to increase the rights of those with a disability by addressing gaps in residential right protections for people with disabilities that are in specialist disability accommodation. The reason we need to incorporate it in here is because it was unanticipated with the introduction of the part 12A provisions to the Residential Tenancies Act 1997 that came into effect from July 2019 that perhaps there were some gaps in that legislation and we needed to ensure more holistic protection for residents that may not necessarily have been considered part of the protections in previous legislation. This is one of the important elements, especially when we know there have been a lot of media reports about some terrible situations and the exploitation and horrific behaviour of some individuals. It is sad that we have to constantly be changing legislation and introducing legislation in order to prevent loopholes and to respond to the very small proportion of people that do all they possibly can to get around systems in order to make a quick dollar for themselves. This legislation is important. While we are here on the last day of Parliament in the Assembly, this was a commitment—the government wanted to ensure that this legislation was introduced and debated and passed this year. That is why we are here talking about it now.

In line with other speakers, I would like to thank a few people in my office after such a hard year that we have had at the end of the term: Yammi El Rassi, who is the office manager; Lara Abuzaid and Holli Smith, who have both been with me for some time; others that have come in as casuals—Korey, Monika; and as Parliamentary Secretary for Workplace Safety, Monique works with me in that position. She has done a power of work and just never stops. I thank them for all their support and all the work they have done for residents and constituents that have really shown resilience but also experienced a lot of disadvantage and hardship over the last 12 months. The people working with me have really stood up to that task in helping residents. On that note, I will finish my contribution.

Ms CRUGNALE (Bass) (12:11): I too rise to speak on the Disability Amendment Bill 2022. The Disability Act 2006 was enacted in Victoria by the Bracks Labor government. In the 16 years since this act came into being we have seen many changes in the sector, one being the Disability Service Safeguards Act 2018. The current legislation makes amendments to both of these acts and also to the Residential Tenancies Act 1997. Health care comes, as we know, in many forms, and one is housing. Stable, suitable housing is a critical parameter for both physical and mental health outcomes. Similarly, unstable or unsafe housing can have a devastating impact on a person. Our government made a public commitment to increase residential protections for Victorians in disability accommodation, and we also committed to strengthening the quality and safeguards in services for people with disability. The reforms in this legislation acquit our commitment.

The legislation before this chamber is a result of submissions received during public consultations last year, and I thank the former Australian disability discrimination commissioner, Graeme Innes AM, for chairing the expert Disability Act review advisory group. Another notable contribution was that of the Victorian Disability Advisory Council, chaired by Dr George Taleporos. I also thank the many stakeholders, including the Office of the Public Advocate, the health complaints commissioner, the Victorian Council of Social Service and Carers Victoria, for being part of this process.

The Minister for Disability, Ageing and Carers, in speaking to this bill last month, noted that there are more than 1.1 million people in our community living with a disability. The Australian Bureau of Statistics 2021 census counted 6.5 million Victorian community members. This means that approximately one in six Victorians live with a disability, and this legislation is aimed at safeguarding and bettering the lives of not only the 17 per cent of our community who may need services but also those who work in the sector, and supporting their families of course.

I have often spoken about the diversity of my electorate of Bass and how it encompasses the outer suburbs of Melbourne, the agriculture areas around Koo Wee Rup and Lang Lang, the magnificent coastal stretches down in the Bass Strait and the quiet waters of Western Port Bay. I have often spoken about the diverse needs of my community as well, and this includes disability care for clients and service providers. It does not matter which part of the electorate you live in, the issues surrounding disability services are close to home.

One amendment in this bill streamlines the registration process for workers under the Disability Service Safeguards Act 2018, and it will allow the Disability Worker Registration Board of Victoria to accept an NDIS clearance in lieu of a criminal history check. For example, a worker with a national clearance relocating to Victoria will be able to start work immediately rather than waiting for a state-based clearance check, reducing the red tape and duplication of the current system. We expect that this will encourage more disability workers to register and negate the additional payment requirements that currently exist. Workers will still need to prove that they have appropriate and adequate qualifications or experience to be a registered disability worker. They will still need to complete ongoing professional development and demonstrate that they are competent in the English language. There is no lessening of the profession, just of the red tape. We have all witnessed firsthand the shortage of care workers over the years of this pandemic, and we are committed to streamlining processes so that people can get back to work, ensuring that workers are professional and that those they care for are protected and safe.

Another important change will occur in the Residential Tenancies Act 1997. This bill will remove barriers for residences or group homes provided by disability service providers to receiving rights under the act. Residential rights and protections will also be afforded to residents in specialist disability accommodation under a residential rental agreement. Rental providers will be required to offer the option of entering into a specialist disability accommodation residential agreement. The bill also clarifies residential rights for those people subject to civil and criminal orders in disability residential services and parameters for service providers.

There will be a stronger and clearer information sharing provision as a result of this legislation. Unnecessary barriers that hinder sharing of critical information between service providers are being removed. The Disability Amendment Bill before the house will improve services, rights, protections and safeguards for people with disability. It complements and strengthens our ambitious reform agenda endorsed in the Inclusive Victoria: State Disability Plan 2022–2026, and it satisfies the requirement of the Charter of Human Rights and Responsibilities, which provides that every person has the right to enjoy their human rights without discrimination—the most fundamental human right of all—along with the requirement that we have the right to equal protection of the law without discrimination. Again returning to the fine work of Dr George Taleporos in his message launching the plan, he wrote:

Victorians with disability are resilient and proud … We still face segregation and exclusion.

That means one in six Victorians face segregation and exclusion because of a disability, and that is a problem for all of us, really. Bills like the one before us are part of a mainstream solution, along with mandating the Livable Housing Australia design guidelines silver standard as a minimum accessibility requirement in Victoria for new social housing construction through our $5.3 billion Big Housing Build.

Lastly, this bill is not in isolation. It is the result of hard work by committed people. It is underpinned by the six systemic reforms that are at the core of the plan. The last two are disability-confident and inclusive workforces and effective data and outcomes reporting, which have been mentioned in my address. The other four, such as Aboriginal self-determination, are equally as important and are included in our government’s commitment for the next four years to inclusive communities, health, housing and wellbeing, fairness and safety, and opportunity and pride. Across our state government all departments have agreed that these six systemic reforms will be embedded in their policies, programs and services, and they will be reinforced by this stronger disability inclusion legislation, supporting the vision of a barrier-free Victoria. I commend the bill to the house.

Mr McGUIRE (Broadmeadows) (12:19): What we are talking about is giving greater opportunity to people, giving them access and giving them a better life. I want to commend this bill straight off the top as a great initiative from the Victorian government. It is a new disability plan, and it will provide fairer communities and support every Victorian to fully participate in all areas of life. It is really about ability, and it is about access to opportunity. I think that if you have a look at what has been done through the NDIS scheme in particular, we have a national approach, and I want to particularly acknowledge Bill Shorten for his vision, plan and leadership and now for trying to make sure of the delivery. This is complex. It is groundbreaking. It will be one of the defining areas for extending equality of opportunity, and that is at the heart of why Labor in power matters.

I want to add from the recent Commonwealth Parliamentary Association conference in Canada that I totally supported what was being done there for inclusion. This is for parliaments. There are some great ideas on how we can use new technology. In particular one of the speakers talked about how we can now look at bespoke technology. He has cerebral palsy, and he described how he is working with big ICT companies to look at how you can have tailor-made access through a mouse that is particularly designed for your access to be able to change the way you live. Bespoke technology will provide greater access. I was delighted as a representative of the Victorian Parliament to be there. The recommendation was that parliaments around the Commonwealth should introduce this, and I was delighted to move the amendment that they must introduce this, because I think the technology is the tool that can be harnessed and the creativity of how we can do this is wonderful. Here was a really smart application.

You can see that through harnessing this technology and people who are highly creative will work first of all for various people in these communities, but it will spread everywhere else. This will be innovation at a really high level. You can see how this will be the breakthrough and then you will see in the future how further adaptations will go into the entire community. I thought that was one of the best presentations I have heard on this innovation. I have already discussed this with Bill Shorten as the federal minister involved, and I had a quick discussion with the member for Ivanhoe as the new Minister for Disability, Ageing and Carers here. I do want to connect everybody up on this because we have this world-leading ICT company that is now wanting to do this; we can get the software, we can get the bespoke pieces of equipment, and that just means that you can unlock the talent and give people access, because that is really all they are looking for.

Particularly with Parliament, this building—we know its history and its heritage—was never designed in that way, but here is a way we can, through smart technology, get over the barriers of the past that have been inherent. I want to put that on the record as something that I know the Commonwealth Parliamentary Association will pursue as well, but it is really important to get that done. When you think of the reach and the breadth of the Commonwealth of Nations, we have been reminded very much this week of how significant it can be. You have G20 countries, you have the UK, India, Canada and Australia, and then you have all of these other nations as well. I think if we can use technology, it knows no barriers, and this is the value that we can have by coming up with smarter ideas. These will become ideas right through the community because they will make the difference, make the breakthrough. You create the opportunity, and you watch how people will thrive and the value that will be added through inclusion. I was delighted to represent the Victorian Parliament at that conference and to be able to move that amendment saying, rather than we should do it—because that is just a wishing and hoping kind of proposition—that we must do it, and that was unanimously supported. I think that is something we need to do to make it compelling so that we get the result.

Just on the bill itself, I want to commend the minister and the Victorian government. This is part of a long-term strategy for an inclusive Victoria, and the consultation was thorough. What it looks to do is to promote rights for people residing in residential services and those subject to compulsory treatment and restrictive practices to give them better opportunity and to align and reduce duplication of requirements for the use and authorisation of restrictive practices for registered NDIS and disability service providers. I know it is really important to get this alignment right because just this week I heard Bill Shorten on the ABC talking about what we are trying to do to manage people’s individual concerns and opportunities—because that is really what they are—and how to make it work for the specifics of each individual. We are all unique, so how do you actually harness the connection to make this have high value for each individual and give them the best opportunity in life? That is why Labor in power matters. It is about creating opportunity, connecting the disconnected and making sure that you allow them to flourish and to thrive so that everyone leads the best life they can. It is pretty simple in the abstract, but it is incredibly difficult to make work. Therefore you need innovation, you need to harness technology and you need the creative backing to make sure that can work.

Just on what has been going on at a federal level, I want to acknowledge the work that is being done to address the NDIS to make it fit for purpose and to make sure that people are included. I know that the Victorian government will look to continue to take out these barriers to inclusion. If you think through where this could have really good applications, what I said to the speaker from Canada is that we want to make a proof of this concept in Broadmeadows under the global learning village model, so here would be the final piece. We have got the models for lifelong learning, skills and jobs and better health and for connecting the disconnected. This is how you change the social determinants of health. We have now got models that are based around libraries as the foundation stone for the enlightenment. Then we have the health model, recently opened. We have another one centred around sport, but all the connectors are into lifelong learning.

I want to land this as my last contribution in this Parliament to give that opportunity to people so that we look at your ability—what you have and how we can harness that—and give you a better opportunity in life. If we can complete all of that, here is a perfect place to launch it. I would like to, whatever happens, be part of that at some time in the future because I think you have got to drive that. I have looked at technology-empowered leadership for more than two decades. We went from no library to a global learning village, an ideas lab, getting Silicon Valley to come and a multiversity. This would be the final critical addition.

Mr TAK (Clarinda) (12:29): I am delighted to rise today to speak on the Disability Amendment Bill 2022. It is even better to follow the member for Broadmeadows. I wish him all the best and thank him for his advocacy and strong representation for his electorate.

This is another important bill being delivered by this government and one that is very important to many of my constituents. Last month I had the pleasure of sitting down with Rev. Deacon Andrea Mayes from the Heatherton-Dingley Uniting Church as well as Mark Zirnsak, the Uniting Church senior social justice advocate, to discuss the importance of this reform and the difference that it will make to the lives of some of the members of the Heatherton-Dingley church. I have had the pleasure of working with Mark across several social justice issues in my short time here in Parliament. It was great to meet both him and Andrea to discuss this important reform that will enhance services, safeguards and most importantly protections. Social justice is a key principle of this government. Equality, fairness, promoting an inclusive society and a cohesive society—these are some of the pillars of the government’s agenda. We can see that again here in this important legislation before us today.

There is an expectation from many stakeholders that this important legislation move quickly to address gaps in residential protections for Victorians in disability accommodation and to strengthen equality and safeguards for people with disability. We see that expectation in the community, and we have also seen that through feedback received through the consultation process on the Disability Act 2006 on Engage Victoria in September 2021. Just on the consultation process, there was a considerable process conducted throughout 2021. The bill has been informed by submissions received during the public consultation process in 2021, engagement with the expert Disability Act review advisory group chair, Graeme Innes AM, Australia’s former disability discrimination commissioner, and targeted consultation across the sectors and government. This is a broad process and stakeholders are in broad agreement with the proposed reforms.

Further areas of the Disability Act are expected to be considered next year as part of stage 3 of the Disability Act review. This will enable more time for detailed consultation with the public advocate and other stakeholders as well as enabling the review to be informed by emerging recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability ahead of their final report in September 2023. I am looking forward to the recommendations and the outcome of that process. There are a host of critical amendments here which I am very happy to support. I hope they have broad support moving through this Parliament.

The bill forms part of stage 2 of the Disability Act review. Stage 1 of the review in 2019 made critical amendments to the Disability Act in readiness for the NDIS. Stage 2 has resulted in the development of the Disability Amendment Bill and the exposure draft for the disability inclusion bill. As mentioned, stage 3 is expected to occur in 2023 and will enable a more thorough review of complex forensic disability and safeguarding provisions, further consideration of stakeholder issues and examination of relevant state and commonwealth reform.

On the back of stage 2 there are three major elements of the bill, the first of which are important amendments to the Disability Act 2006. The act is being amended to promote rights for persons residing in residential services and those subject to compulsory treatment and restrictive practices, and to align and reduce duplication of the requirement for the use and authorisation of restrictive practices by registered NDIS providers and disability service providers. The amendments will also improve processes and practices relating to the supervision of treatment orders, provide clear legislative authority to disclose protected identifiable information and clarify the functions and responsibilities of the Secretary to the Department of Families, Fairness and Housing. These are extremely important and sensitive changes that need to be urgently delivered.

In addition to making changes to the Disability Act 2006 the bill will amend the Disability Service Safeguards Act 2018 to remove duplication in the worker screening process for the Disability Worker Registration Board of Victoria. This will result in the board recognising national police checks completed by workers as part of the delivery of the national disability insurance scheme service. These are also sensible and important changes.

Finally, the Residential Tenancies Act 1997 will also be amended to ensure that there are no gaps in residential rights protections for people living in specialist disability accommodation—again really important changes. Special residential protections were introduced as part 12A of the Residential Tenancies Act in 2019 to ensure that residential rights of people with disability living in specialist disability accommodation are upheld and protected alongside those of the rest of the Victorian community under the same legislation. The part 12A provisions are based on protections provided under the Disability Act 2006 for group homes and the mainstream residential rental protections under part 2 of the Residential Tenancies Act, with additional protections for people living in specialist disability accommodation, such as strengthened protections against evictions, provider obligations for maintenance and urgent repairs and tailored notification and information provisions. For example, the public advocate, the National Disability Insurance Agency and relevant funding authorities are to be notified when a resident is issued with a notice of temporary relocation or to vacate.

However, there is an issue with the current definition of an ‘SDA enrolled dwelling’ and an ‘SDA resident’ in the Residential Tenancies Act. With the current definitions it means that some residents are excluded from these protections. So the amendments will ensure that people currently excluded and all people who are residents of disability group homes within the meaning of the Disability Act can transition to these new protections. These are sensible and important changes and ones that I am happy to support here today.

Lastly, I would like to thank the Minister for Disability, Ageing and Carers for bringing these important changes forward. We had the minister out in the Clarinda district earlier this month for the launch of the design of the new four-storey aged care facility at the Kingston Centre in Cheltenham. An amazing project, the $134.6 million aged care facility will cater for 150 residents with more complex needs. The designs look amazing, and I am looking forward to working with the minister to deliver that important project and to deliver the changes here in this bill. Again, this is an important bill that will deliver increased rights and protections for those in disability residential services and specialist disability accommodation as well as improved services, addressing gaps and clarifying criteria and processes for compulsory treatment and placement in residential treatment facilities. These are important reforms that will enhance services, safeguards and protections for Victorians, and I commend the bill to the house.

Ms D’AMBROSIO (Mill Park—Minister for Energy, Minister for Environment and Climate Action, Minister for Solar Homes) (12:39): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned until later this day.