The Disability Act 2006 (Vic) ("Disability Act") came into full operation on 1 July 2007 and replaced the Disability Services Act 1991 (Vic) and the Intellectually Disabled Persons' Services Act 1986 (Vic). The Disability Act is the legislative basis for services to people with disabilities, including those with intellectual disabilities, and provides for the funding of service providers or researchers in accordance with scheduled objects, principles, objectives and funding agreements. The provision of these services is administered by the Disability Services Division of the Department of Human Services (DHS), which is a component of the portfolio of the Minister for Community Services, the Minister for Mental Health and the Minister for Senior Victorians.
A key component of the Disability Act is the establishment for the first time of a Disability Services Commissioner ("the Commissioner") whose role is to investigate and conciliate complaints about the delivery of services by a provider and to make recommendations to ensure the best quality disability services.
A complaint can be made in writing, in person, or over the phone, but it is best to make a written complaint whenever possible. The Commissioner may also consider complaints against a disability services provider who has not responded in an appropriate manner to a client’s initial complaint. In all cases, the Commissioner may decline to investigate complaints that are lacking in substance, are vexatious, have already been determined or are currently being considered by another body, or if the subject matter of the complaint relates to an incident that occurred more than 12 months before the complaint is made. The Commissioner may allow late complaints provided the delay is not unreasonable and there is good reason for the delay.
The Disability Act also created the position of the Senior Practitioner, vested with extensive powers to set standards and guidelines, and monitor direct disability service providers in relation to the use of restrictive interventions and compulsory treatment.
Other Acts discussed in this chapter in relation to provision of services to people with a disability are the Equal Opportunity Act 1995 (Vic) ("EO Act") and the Disability Discrimination Act 1992 (Cth) ("DDA"). Some provisions of the DDA relevant to this chapter have been amended by the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth), which takes effect from 5 August 2009.
The CRS assists people with disabilities to retain employment or make substantial gains towards employment or personal independence within their home and community. To be eligible for rehabilitation assistance from CRS, a person must:
- be an Australian citizen or permanent resident;
- be at least 14 years of age but less than 65 years of age; and
- have a disability that:
- is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments; and
- results in substantially reduced capacity to obtain or retain unsupported paid employment or to live independently.
CRS services are free to those receiving income support payments from Centrelink. The insurer of people receiving workers compensation benefits usually pay the costs of CRS. A CRS management plan may provide:
- suggestions on ways to manage a client's disability;
- on-the-job training and support;
- counselling;
- work experience; and/or
- training courses, and retraining if the client is unable to return to their previous job.
A client may appeal against a decision of CRS to the Commonwealth Ombudsman or to the Administrative Appeals Tribunal.
Medical practitioners, hospitals, welfare agencies, employers, people with disabilities or their families can make a referral to the CRS. Application forms are available at CRS regional units in metropolitan and country Victoria, or from the head office of the CRS. See: Chapter 16*1 Disability Overview, "Contacts", for details.
The A&EP is administered by the Disability Services of the DHS to help people to live independently in the community by providing them with equipment, aids and home modifications. To be eligible, a person needs to:
- be a permanent resident of Victoria with a long-term (12 months or more) or permanent disability; and
- hold a Medicare card.
The following persons are not eligible:
- those who receive any form of compensation, or are able to claim the cost of the aid through a private health insurance provider;
- those who live in a nursing home or government-subsidised residential service; or
- those who receive aids and equipment through other government-funded programs.
The A&EP provides:
- non-disposable continence aids such as catheters;
- electrolarynxes and voice prostheses;
- electronic communication aids;
- environmental control units (electronic devices used to activate household appliances);
- equipment for personal use, such as shower chairs, home hoists and specialised beds;
- basic home modifications, such as grab rails and basic bathroom alterations to allow access;
- lymphedema compression garments;
- breast prostheses;
- mobility aids, such as walking frames;
- orthoses, such as ankle foot orthoses, braces and surgical shoes;
- oxygen;
- pressure care equipment, such as mattresses and cushions;
- ramps (permanent and portable);
- wheelchairs (manual/electric); and
- wigs.
The A&EP retains ownership of the equipment and lends it as long as it is needed, except for:
- home modifications, which become the property of the owner of the building;
- items for personal use such as surgical shoes, wigs and mammary prostheses; or
- if you have put more than 50% towards the cost of the item you can:
- own the item and be responsible for the cost of ongoing maintenance and repairs; or
- transfer ownership of the item to the A&EP and the costs of ongoing repairs (except tyres and tubes for wheelchairs) will be covered by the A&EP.
It does not provide for a refund if the person with a disability has bought the equipment before or after applying for assistance. Application forms are available at A&EP issuing centres located in metropolitan and regional Victoria. Most hospitals have an A&EP coordinator.
Assessment by an appropriate health professional is required to determine the type of aid or equipment needed. To find out the nearest location of an issuing centre, contact the DHS:
The state Department of Education & Early Childhood Development Program for Students with Disabilities provides additional support to either a mainstream public school or one of the various specialist schools for eligible students with disabilities. The disability must be one of the following:
- physical disability requiring regular paramedical support;
- severe language disorder with critical education needed;
- severe emotional disorder;
- hearing impairment;
- intellectual disability;
- visual impairment; or
- autism spectrum disorder.
Support is in the form of a funding allocation for each eligible student. The fund forms part of the global budget for the school that the student attends. The school principal advises the parent of the student about the program, establishes a student support group for each student with a disability and sends the application for funding to the Assistant General Manager, Student Welfare Group and Department of Education & Early Childhood Development.
It is essential that the student's disability be documented by reports from doctors, physiotherapists and other specialists. The Resource Coordination Group considers the application and decides on the eligibility of the applicant.
All new applications, reapplications and reappraisals are also directed to the Assistant General Manager, Student Welfare Branch. A special panel may be constituted to ensure impartiality in reappraising an application.
The federal Department of Education, Employment and Workplace Relations (DEEWR) also provides assistance to students with disabilities through a program called the Literacy, Numeracy and Special Learning Needs Program. The most immediate contact person to access this program is the school principal. More details are available on the DEEWR website at www.deewr.gov.au, or call 1300 363 079.
VicRoads provides a statewide Disabled Persons' Parking Scheme administered by local councils. There are two permit categories with varying parking concessions, based on the applicant's need for assistance.
Category 1 permit holders are those with significant intellectual or ambulatory disabilities, who meet the eligibility criteria. They are entitled to park a vehicle:
- in a special bay reserved for people with a disability, for the specified time only; or
- in any ordinary area or bay for twice the specified time (upon payment of any initial parking fee, if applicable).
Under Category 2, permit holders who require rest breaks when walking may park a vehicle in any ordinary area or bay for twice the specified time (upon payment of any initial parking fee, if applicable). They are not permitted to park in special disabled persons' parking bays.
Application forms are available from municipal councils. The application must be supported by a certification from a medical practitioner. Permits will only be issued to established residents of a municipality. Where an application is refused, the council must give reasons for its decision in writing and reconsider your application if you provide a second opinion from another medical practitioner or clinical psychologist.
The permit may be issued to the passenger with a disability, the driver or an organisation providing a transport service for people with disabilities.
If you have a permanent disability you will be issued with a permit for three years. At the end of this period your local council will inform you whether a new application is required to renew the permit. Temporary permits will be issued for a disability that is not likely to improve within six months, and a further medical certificate must be presented for renewal of the permit. Organisations will receive a permit for 12 months. A permit is automatically cancelled after the expiry date and may be cancelled at any time for wilful misuse or breach of the conditions of use. Penalties may be imposed for misuse of the permit.
The Australian Government is developing an Australian Disability Parking Scheme (ADPS) to harmonise all disability parking permit schemes and to ensure that there are clear, fair and robust policies that make it easier to identify those eligible for disability parking permits. The proposed scheme will help applicants by making the rules better and easier to understand. The agreed permit design was launched on 6 November 2009 and the ADPS is expected to be operative in the near future.
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SERVICES :: Last updated: Thu Jul 1st 2010