The Disability Information and Resource Centre

The Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 is a bill to amend the Disability Discrimination Act 1992 and other laws relating to human rights. The text of the amendment bill can be found here.

A preview of the Disability Discrimination Act 1992 with the amendments incorporated into it can be found here.

A press release from the Attorney General’s department on the consolidation of racial discrimination, sex discrimination, disability discrimination and age discrimination legislation into a single act can be found here.

Carers Australia have released the following:

Carers Australia welcomes National Carers Recognition legislation

Carers Australia welcomes the tabling of the National Carer Recognition Bill in Parliament today as an important first step in the introduction of a broader framework to support carers.

Carers Australia CEO Joan Hughes said “This legislation is an important landmark and one that we have been working towards for some time.

“We believe all carers should have the same rights and opportunities as other Australians to enjoy optimum health and social wellbeing and to participate in family, social and community life. It is encouraging that this is reflected under the principles of the legislation.

“While this legislation is a valuable progression, many carers still struggle financially, find themselves socially isolated and have difficulties accessing appropriate services. It is important that we continue to work towards the development and implementation of more practical measures and supports.”

The National Carer Recognition Bill consists of ten core principles that acknowledge the diversity of carers and identify key areas to be addressed in a national carers strategy including health and wellbeing, financial stability and employment and education participation.

Carers Australia is particularly pleased to see a principle devoted to young carers. “Young carers have now been identified as a group at risk of long-term disadvantage,” said Ms Hughes.

“We are very excited about the prospect of changes in policy and program areas that will address and support the needs of young carers.”

This legislation is just one part of a broader National Carer Recognition Framework announced by Jenny Macklin, Minister for Families, Housing, Community Services and Indigenous Affairs, in October of last year.

Under this framework the government has committed to the establishment of national goals and a national carers strategy with the aim of improving policy and service delivery to better support carers.

It is important that this legislation is given a quick passage through both houses of Parliament so we can begin to work towards the realistic changes carers need. All political parties need to come together to ensure that this long awaited legislation is passed.

We look forward to working with the government to implement a nationally consistent and supportive framework which delivers tangible change for carers across Australia.

For media inquiries contact Edward Allpress on 02 6122 9917 or 043 4805 194

CARER RECOGNITION BILL 2010 (FED)

Second reading speech by the Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, introducing the legislation.

The Bill is available here.

The Explanatory Memorandum is available here.

The amendments to the Equal Opportunity Act come into force on 2 October 2009.  For details of the amendments, visit our website at www.eoc.sa.gov.au

The new laws apply to events that happen on or after 2 October 2009.  The old law continues to apply to events that happened before that date.

If you would like a briefing on the changes or an article for your newsletter, or would like to arrange an EO Health Check for your organisation, please contact Cecilia White on 8207 1977.

On 14 July 2009, the SA Parliament passed the Equal Opportunity (Miscellaneous) Amendment Bill, strengthening SA laws and giving South Australians better options to solve discrimination problems locally.

There is more protection for:

• people who care for a dependent child or a family member
• people with a mental illness, or an infection without symptoms
• domestic partners
• people discriminated against because of their spouse or partner
• contractors
• people who have been sexually harassed.

Workers have better protection, if they:

• are sexually harassed and the employer has not taken reasonable steps to prevent the harassment
• are harassed by customers or clients – such as waiters harassed by patrons, and care workers harassed by residents
• wear dress or adornments symbolic of their religion.

Schools and universities must have sexual harassment policies.  And, students and staff are able to lodge a complaint about sexual harassment by any student aged 16 or over.

The time limit for lodging a complaint is doubled, from six months to twelve months.

Also, some outdated laws have been repealed:

• clubs and associations may not turn away homosexual members
• small partnerships may not refuse to admit new members to partnership on the ground of their sexuality
• church-run hospitals, aged-care homes and welfare agencies may not discriminate on sexuality.

A commencement date for the new law is yet to be fixed.  For more information, go to:  www.eoc.sa.gov.au

The NHRC is an historic opportunity for individuals and communities throughout Australia to improve our democracy.  The Human Rights Law Resource Centre encourages all Australians to have their say about the protection of fundamental values such as freedom, respect, dignity and a fair go.

There are at least 3 significant ways in which you could contribute to the NHRC and support improved protection of human rights in Australia:

1.    Make a submission.  Submissions to the National Human Rights Consultation are due by 15 June 2009 and should address the following questions:

Which human rights (including corresponding responsibilities) should be protected and promoted?
Are these human rights currently sufficiently protected and promoted?
How could Australia better protect and promote human rights?
The Human Rights Law Resource Centre has developed a range of resources to help stakeholders make a submission, including a comprehensive discussion paper and case studies on how a Human Rights Act can promote dignity and address disadvantage (at www.hrlrc.org.au).

Submissions can be made online at   www.humanrightsconsultation.gov.au

2.   Encourage and work with clients and networks to make a submission.  The Centre has developed a ‘Consultation and Submission Toolkit’, available at www.hrlrc.org.au.

3.   Attend, and mobilise clients and networks to attend, one of the Community Roundtables being run by the NHRC.  There are Community Roundtables being run in the following towns in the week beginning 19 April 2009:

·         Adelaide;
·         Mintabie;
·         Coober Pedy;
·         Whyalla; and
·         Mt Gambier.

The specific dates, times and venues of the Roundtables being held in South Australia are as yet unannounced but will be posted at www.humanrightsconsultation.gov.au in the near future.

Please inform all clients and networks that they should register their intention to attend the Roundtables as early as possible at   www.humanrightsconsultation.gov.au

A letter from Carer’s SA supporting the State Government’s Mental Health Bill 2008

Dear Friends

The Government has introduced the Mental Health Bill 2008 to replace current Mental Health Act 1993 and provide a contemporary framework.

Carers SA has sought for some years now provisions in mental health legislation that recognise the role of Carers in the care and treatment of people with a mental illness.

Carers frequently take responsibility for the care of the consumer in the community including medication and medical appointments, social and living arrangements, pre and post acute care in the community and emergency assistance.

The strongest message from family Carers has been that legislation needs to recognise the role of family Carers as partners in care by:

· Providing Carers with relevant information.

· Including Carers in the development of ongoing treatment plans and discharge planning.

We are therefore pleased to see, in particular, that this Bill:

· Defines a Carer within the meaning of the Carers Recognition Act 2005.

· Acknowledges in its Guiding Principles the role of Carers in the development of treatment and care plans.

· Includes within its Guiding Principles that Carers, along with the consumers and others, be provided with comprehensive information about the illnesses, orders, legal rights, treatments and other services.

· Provides for Carers to receive copies of statements of rights and detention and treatment orders and to be able to exercise appeals concerning orders.

· Provides for Carers to receive information about consumer transfers.

· Includes Carers, along with others, in the preparation of treatment and care plans.

· Provides for Carers to be able to support consumers in communications with and examinations and treatments by medical practitioners.

· Allows for the disclosure to the Carer of information related to the treatment, care or rehabilitation of the consumer.

Carers SA believes that this Bill is an important step in the continuing improvement of attitude to, and treatment of, people with mental illness in this state, and in particular in the acknowledgement of the role of the family Carer in these processes.

Carers SA has written to our state parliamentarians urging their support for this important legislation..

You can help by also contacting your local MP and the members of the Legislative Council to indicate your support for the Bill.

Carers SA

Ph: 8291 5600

To see a copy of the legislation follow the link to
MENTAL HEALTH BILL

Do you want to know more about the proposed changes to the Equal Opportunity Act 1984 (SA)?

A new downloadable document on the Equal Opportunity Commission website – Proposed Equal Opportunity Changes 2009 – outlines:

• the reasons for change
• new and expanded grounds of discrimination
• how the law will change for carers, people with disability, religious institutions, and contractors
• how the law will change in relation to sexuality and sexual harassment
• the Commissioner’s role.

Link to the site here.