ACT Disability Advisory
Council 2011-2014
End of Term Report
April 2014
Table of Contents
Executive summary ................................................................................................................................. 1
About the Council ................................................................................................................................... 4
Vision:.................................................................................................................................................. 4
Mission: ............................................................................................................................................... 4
Council members ................................................................................................................................ 5
Secretariat and ex-officio members ................................................................................................... 5
Council Support................................................................................................................................... 5
Special guests ...................................................................................................................................... 6
Council Work Plan ................................................................................................................................... 6
Research and Reports ............................................................................................................................. 7
National Disability Strategy – Mapping a new pathway for disability in the ACT .............................. 7
Whole of life learning Issues Paper..................................................................................................... 9
Supporting Housing Choice’ research project .................................................................................. 10
Data set investigation project ........................................................................................................... 11
Community Engagement & Consultation ............................................................................................. 12
Kambah Village Creek ....................................................................................................................... 12
Council Communication .................................................................................................................... 13
Draft National Standards for Disability Services ............................................................................... 13
Access to education for students with disability relating to the Gonski Review .............................. 13
Implementation of the ACTPS Employment Strategy for People with Disabilities 2011-2015 ........ 14
ACT Human Rights Commission ........................................................................................................ 15
Wheelchair accessible taxis .............................................................................................................. 16
Accessible voting ............................................................................................................................... 16
National Disability Strategy Development Officials Working Group (NDS DOWG) .......................... 16
Qantas Wheelchair Policy ................................................................................................................. 16
14th National Disability Advocacy Conference: Advocating for inclusion ........................................ 18
Riskman Trending Report.................................................................................................................. 18
Future role and function of the Disability Advisory Council ................................................................. 19
Refresh of the DAC ............................................................................................................................ 19
Strategic framework ......................................................................................................................... 21
Policy Advice ......................................................................................................................................... 22
Increase the number of ACT Government scholarships for people with disability. ......................... 22
Reduction in land tax for lessors who rent to a person with disability. ........................................... 22
Rate deferment scheme for a property owner with disability. ........................................................ 22
Future Directions: Towards Challenge 2014 (Future Directions) ......................................................... 23
Executive summary
The 2011-2014 Disability Advisory Council (DAC) met for the first time on Tuesday 24 October 2011.
The term of this council, 2011-2014, has been a critical time for people with a disability both in the
ACT and across the country.
On 10 August 2011 the Productivity Commission released its final inquiry report on disability care
and support in Australia. The report found that the current disability support system is underfunded,
unfair, fragmented, and inefficient, and gives people with a disability little choice and no certainty of
access to appropriate supports. It recommended that there should be a new National Disability
Insurance Scheme that provides insurance cover for all Australians in the event of significant
disability, including funding long-term high quality care and support for people with significant
disabilities.
In response to the Productivity Commission’s report, the Council of Australian Governments (COAG)
agreed to the need for a reform to disability services through a National Disability Insurance Scheme
(NDIS). At a meeting of the Select Council on Disability Reform in October 2011, all state and
territory Ministers agreed to develop the underpinning groundwork for the NDIS to be implemented
by mid-2013.
Not only was this bipartisan support achieved in quick succession to the release of the report, it also
set a target for implementation that was a year ahead of the timetable set out by the Productivity
Commission report.
So by the start of the first Council meeting in October 2011, it was clear that the Council would need
to develop a fast paced and flexible work program that took into account both the existing
environment that people with a disability in the ACT were experiencing and also to develop key
strategies and advice to meet the new opportunities and challenges of the NDIS.
An equally important reform for people with a disability in Australia had also been endorsed on 13
February 2011 when COAG ratified the National Disability Strategy 2010–2020 (NDS). The Strategy
outlines a ten year national policy framework to drive improvement across mainstream policies,
programs, services and infrastructure as well as the specialist disability services system, so that
people with disability can participate as equal citizens.
It was with these key reforms under way that provided the background for the work plan that
Minister Joy Burch tasked the Council at its first meeting. She reminded members that the Council
has a strong and proactive history and the potential to bring about real and sustainable change. She
advised the members to become familiar with the work being undertaken, to engage closely with
projects and to offer alternative options wherever possible.
She encouraged the Council to work closely with her office, build on its previous strengths, consult
with grass roots community and be enthusiastic and proactive. The Minister also identified
accommodation and transport issues among a wider range of topics as areas for the Council to focus
on during its term.
This End of Term Report provides an overview of how the Council approached and delivered on this
challenge. Members were also keen to build on previous Disability Advisory Council’s work such as
the Access to Government Strategy which was developed by the DAC in 2003; the 2004 Quality of
Life Grants which was the first direct funding program; the 2005-06 Citizens Jury which was a
program to identify evidence of how well the government was delivering on its Challenge 2014 and
the 2010 proposed accreditation system for business and industry groups.
An agreement was reached at a July 2012 COAG meeting to proceed with the launch of the NDIS,
and three jurisdictions—South Australia, Tasmania and the Australian Capital Territory—agreed to
participate in the trial. Since then, New South Wales, Victoria, Western Australia and the Northern
Territory have agreed to host trial locations.
In March 2013 the NDIS legislation was passed. The NDIS Act 2013 created the Agency—National
Disability Insurance Agency, and regional offices have been established in each of the first year trial
sites to manage implementation on the ground.
The NDIS is a generational reform that will deliver a national system of disability support focused on
the individual needs and choices of people with disability. The NDIS will provide people with
disability reasonable and necessary supports to live life their way, achieve their goals and participate
in social and economic life.
The changing landscape of the disability sector impacts on the future role and function of the ACT
Disability Advisory Council. Members acknowledged that the Council needs to be refreshed so that it
can better advise the Minister and ACT Government and respond to the needs of the community in
this time of change.
The Council undertook a public consultation on the future of the Council. The principle outcome of
the consultation process was to garner the views of people with disability, carers, family members
and the broader community on the future role and function of the Council.
Future Directions is in its final year of implementation. A final report will be prepared for the DAC at
its completion, in line with the recommendation in the SGG finalisation report. The finalisation of
Future Directions provides an opportunity both for reflection of the outcomes to date and direction
to plan for the future in line with the ACT’s obligations under the National Disability Strategy. The
framework for oversight of a new plan, and the potential role DAC could play, is still in development
and progress will be shared with the new iteration of the DAC.
The Council developed the report National Disability Strategy, Mapping a New Pathway for Disability
in the ACT. This report outlines a number of recommendations to support the development of the
ACT next Territory wide Disability Plan. The report and recommendations are framed for the whole
of the ACT Government. The purpose of the NDS report is to provide direction for the ACT
Government into the future and feed into the next iteration of Future Directions while meeting the
obligations of the National Disability Strategy. While there is a necessary focus on the NDIS, these
recommendations focus beyond this and work to realise positive social and economic outcomes for
the Canberra community.
About the Council
The Disability Advisory Council was established in May 2003 to independently advise and make
recommendations to the Minister for Disability and other Ministers as appropriate across a range of
issues in relation to people with disability.
The ACT Disability Advisory Council is a non-statutory body whose Members are approved by
Cabinet. The Council has representation from a broad cross-section of the disability community and
each Council is appointed for a two-year term.
The Council has broad terms of reference and is tasked with: advising the Minister on disability
issues working in partnership with Disability ACT on key activities; communicating the needs of
people with disabilities and families; and establishing links with other national disability advisory
bodies.
Vision:
To work in partnership with the community and government to improve outcomes for Canberrans
with disability, their families and carers.
Mission:

advise the ACT government, through the Minister for Disability, Children and Young People on
issues, policies and practices that influence people with disability, their families, their carers and
service providers

monitor progress of Future Directions: Towards Challenge 2014

feedback issues arising out of community consultations, complaints and feedback mechanisms

work in partnership with the community and government in developing and implementing
projects that influence the lives of people with disability, their families, their carers and service
providers

promote the needs of people with disability, their families, their carers and service providers
across the ACT Government, business and community sectors

receive advice from, and provide information to, different sections of the community to ensure
that a divergence of perspectives and creeds are heard and considered.
Council members
Council Members bring a diversity of strengths and perspectives to Council work. In 2012 two
members received recognition for their contributions to their community. Mary Webb was
congratulated on becoming ACT Volunteer of the year for 2012. This award had been made in
recognition of Mary’s service to the Multiple Sclerosis Society.
Louise Bannister was awarded the Margaret Spalding award at the 2012 Chief Minister’s Inclusion
Awards. This award recognises an individual who has significantly raised the profile, visibility,
inclusion and respect of people with disability in the ACT community.
Council Members that served throughout the 2011-2014 term include:

David Long (Chair)

Louise Bannister (Deputy chair)

Sherrill Bell

Philip Brown

Peter Granleese

Mary Hodges

Lauren Kish

Sue McIntosh

Mary Webb
Secretariat and ex-officio members

Martin Hehir, Director General, Community Services Directorate

Natalie Howson, Director General, Community Services Directorate

Lois Ford, Executive Director, Disability ACT

Meredith Whitten, Executive Director, Disability ACT

Lorna Sullivan, Executive Director Disability ACT

Kate Starick, Director, ACT NDIS Taskforce

Richard Baumgart, Director, Disability ACT
Council Support

Heather McKeon

Latha Sathyanarayanan

Neil Finch

Bronwyn McNally


Rex O'Rourke
Amanda Charles
Special guests


Justin Le Couteur, Senior Policy Officer, Chief Minister and Treasury Directorate
Craig Wallace, Marketing Manager, NICAN

Allison Cooper-Stanbury, student, University of Canbera Project Student

Mary Durkin, Disability and Community Services Commissioner, ACT Human Rights Commission

Kelly Swan, Principal Disability Advisor, ACT Human Rights Commission

David Addison, Senior Disability Advisor, Human Rights Commission

Kerrie Heath, Manager, ACT Education and Training Directorate

Sue Salthouse, Convenor, Women with Disabilities ACT

James Wunsch, Director of Research, Colmar Brunton
Council Work Plan
In terms of shaping the broader content of the work plan, the DAC focused efforts on making the
ACT an inclusive society where barriers to participation for people with disability are minimised.
There is a strong desire for people to be empowered in terms of knowing the range of financial,
social and physical supports available to people with disability and their families (across all layers of
government) and in choosing the supports or treatments that best meet their needs.
Research and Reports
Over the 2011-2014 term the Council has engaged in a number of research projects framed within
the six policy outcomes areas of the National Disability Strategy 2010-2020.
National Disability Strategy – Mapping a new pathway for disability
in the ACT
On 13 February 2011 COAG formally endorsed the National Disability Strategy 2010–2020 (NDS).
The NDS is a 10-year national policy framework for improving the lives of Australians with disability,
their families and carers. It represents a commitment by all levels of government, industry and the
community to a unified, national approach to policy and program development.
The NDS implements a new approach aimed at addressing the challenges faced by people with
disability, both now and into the future. It sets out six priority areas for action. These are:
1.
Inclusive and accessible communities—the physical environment, including public transport;
parks, buildings and housing; digital information and communications technologies; and civic
life, including social, sporting, recreational and cultural life.
2.
Rights protection, justice and legislation—statutory protections, such as anti-discrimination
measures; complaints mechanisms; advocacy and the electoral and justice systems.
3.
Economic security—jobs, business opportunities, financial independence and adequate
income support for those not able to work; and housing.
4.
Personal and community support—inclusion and participation in the community; personcentred care and support provided by specialist disability services and mainstream services;
and informal care and support.
5.
Learning and skills—early childhood education and care, schools, further education and
vocational education; transitions from education to employment; and lifelong learning.
6.
Health and wellbeing—health services, health promotion and the interaction between
health and disability systems; and wellbeing and enjoyment of life.
The NDS aims to direct public policy across governments and intends to bring about change in all
mainstream services and programs as well as community infrastructure. The NDS commits the
Commonwealth, state and territory governments to a wide-ranging set of directions for disability.
The National Disability Strategy – Mapping a new pathway for disability in the ACT (DAC NDS Report)
aimed to give a perspective to how the goals of the NDS might be achieved in the ACT. The DAC sees
the NDS as a key driver for change in the ACT Government and the community, and the paper was
produced at a time where two key ACT disability strategic documents—Challenge 2014 and Future
Directions: Towards Challenge 2014 —need to be reviewed and updated. There have also been
some changes in the key strategic plans and consultative forums around the NDS. With the current
term of the DAC coming to an end and the finalisation of the Strategic Governance Group (SGG) now
is the time to set a new strategic direction and implement new consultative forums to progress the
goals of the NDS in the ACT well into the future.
The DAC believes that while it was appropriate to discontinue the SGG as a group, it is still important
to continue the oversight role that the group originally set out to achieve. The DAC NDS Report
provides a number of recommendations that will help transition the role of the SGG into a new
governance framework for disability in the ACT. A key recommendation from the DAC NDS Report is
for the DAC to take over the governance role of ensuring that there is an appropriate plan in place
within the ACT in response to the NDS and to monitor its implementation.
The DAC currently sits within the Community Services Directorate (CSD). It is a strong
recommendation of the DAC that it continues to work with the Minister for Disability, as this has
been a valuable and productive relationship. However, as the voice of people with disability ought to
be heard across all areas of government, it would be more beneficial for the Minister if the DAC sits
across all directorates, not just under CSD, with senior ex-officio representation from all directorates
at DAC meetings. This would allow disability issues to be addressed more broadly and more
efficiently across the whole of government. It is still proposed that the Minister for Disability would
be the appropriate person to advise on issues related to people with disability at the Cabinet level.
The DAC recognises that while the National Disability Insurance Scheme (NDIS) is an important
change to the way people access funding and supports, it will not be the only solution to improving
the lives of people with disability in the ACT, nor will it encompass everyone with disability. Because
of the significant number of people with disability who will not be eligible for NDIS tier 3 funding, it is
essential that we don’t lose sight of the opportunity that the NDS offers to fill these gaps.
The DAC sees the NDS as an important mechanism driving change across the entire ACT Government
and community. One goal is to coordinate disability action plans for every directorate within 18
months and consolidate them into an ACT-wide action plan for government.
To achieve this and other reforms identified in this paper, the DAC strongly recommended that the
ACT Government appoint a Disability Access and Inclusion Commissioner who would be responsible
for the cross-directorate coordination of strategies to address issues for PWD within the ACT. It is
proposed that the Commissioner have a small unit that sits within the Chief Minister and Treasury
Directorate in order to provide advice at the Cabinet level through the Chief Minister.
The Commissioner would work together with all directorates to develop a whole-of-government
approach to addressing the needs of PWD in the design and delivery of all government policies,
programs, services and facilities. This would include helping each directorate develop key
deliverables for PWD and publish progress through each directorate’s annual report.
The Commissioner would also be responsible for developing ACT Public Service (ACTPS) wide
programs for engaging people with disability to ensure that they have a voice in government. This
would include developing an ACTPS wide program for employing people with disability so that the
ACTPS was truly representative of the community that it serves. The ACT should be a leader for
employing people with disability. The ACT Government should take affirmative action in achieving
targets, possibly in the form of setting quotas.
It is further recommended that the DAC works in partnership with the Commissioner, to undertake
to promote the inclusion of PWD in the Canberra community, in conjunction with other groups such
as the ACT Inclusion Council (formerly Business Leaders Innovative Thoughts and Solutions) and
community-based organisations. In this model, the DAC would become a key driver of a two-way
discourse between the government and the community on issues relating to people with disability.
The Commissioner would also be best placed to become responsible for liaison with national
disability advisory bodies, which is currently organised through COAG and its Disability Reform
Council.
Another important role would be to undertake consultation and provide advice on all legislation
from a person with disability’s perspective. It is recognised that this is already done, but not in a
coordinated or consistent way. The Commissioner would also be responsible for undertaking
consultation, whether through the DAC or through community-based activities, in order to both
gather and disseminate information to PWD in order to foster an inclusive and accessible
community.
Whole of life learning Issues Paper
The Whole of Life Learning Issues Paper outlines the unique learning needs of people with moderate
to severe intellectual disability (MSID). This paper explored and discussed issues in relation to the
following broad research questions:

Why is whole-of-life learning essential for people with MSID?

Why are non-school-sector settings essential training environments for people with MSID
and what is the role of non-school-sector educators in providing such training?

What are the evidence-based instructional practices in which non-school-sector educators
need to be skilled via training?

Why do non-school-sector educators need training support?
The key points of the paper include:

People with intellectual disability have significantly different training needs than cognitively
able people with or without other disability. This is particularly the case for people with
moderate to sever intellectual disability.

These different training needs arise from social, linguistic, cognitive and learning
characteristics common to many people with intellectual disability.

To ensure that people with MSID achieve the optimal educational outcomes demonstrated
to be possible by empirical research, their education must be lifelong, pervasive and
provided by all people with a significant role in their lives. These people include both schoolsector educators, such as teachers and learning support assistants, and non-school-sector
educators, such as parents and disability support workers (DSWs).

Four evidence-based instructional practices are identified in the paper as high priority in the
training of both school-sector and non-school-sector educators. These are: applied
behaviour analysis (ABA), positive behaviour support (PBS), functional communication
strategies (including augmentative and alternative communication strategies (AACs) and
visual supports) and community-based instruction (CBI).
Disability ACT referred the paper to the Canberra Institute of Technology for noting when officers
review their course content. Disability ACT will also consider the Whole of Life Learning Issues Paper
when developing induction processes and ongoing professional development of disability support
workers. The paper is available on the Council’s web page at
http://www.communityservices.act.gov.au/disability_act/disability_advisory_Council/publications
Supporting Housing Choice’ research project
Consideration of various accommodation options for people with disability is an area of great
interest to the current Minister. She requested the Council make this a key focus of its work.
The purpose of the Supporting Housing Choice project was to provide advice to the Minister for
Community Services about how to best support people with disability in the ACT to have a choice of
housing and to gain or maintain tenancy.
The project came about because individuals and families of those with disability have difficulty in
securing and maintaining suitable housing. This came to the attention of the Minister and was
referred to the Council for advice. Independently, through anecdotal evidence, it also came to the
attention of the Council that families are struggling to find a way to support family members in their
preferred housing options.
Main findings of the project include the need to provide those with disability high-quality
information processes to enable them to adequately assess and choose services to maintain
housing. This is coupled with the need for adequate funding—attached to the individual, not the
housing—which provides for a flexible service with well-trained and monitored staff who can help
with information about services. The report also discussed the need for support staff to work flexibly
to help people with disability to stay in the home of their choice, to enable inclusion, and to support
ageing in place with the help of home maintenance. This information is crystallised in the seven
recommendations for government action.
The Council supported the spirit of recommendations contained in the report and requests that
these issues be considered as part of the implementation of the National Disability Insurance
Scheme and with particular reference to improved information services and professional
development. The report can be accessed at
http://www.communityservices.act.gov.au/disability_act/disability_advisory_Council/publications
Data set investigation project
In June 2013, the DAC commissioned Women with Disabilities ACT (WWDACT) to undertake work to
find what survey and data information about women with disabilities in the ACT is available in the
areas of services for health and wellbeing and participation in social and economic life.
In the ACT 17.8% of women and 14.4% of Men identified as having a disability. However men
accounted for around 60% of users across a range of government funded services such as
accommodation support and community access services. A key challenge for the NDIS will be the
extent to which it can address these existing deficiencies in an equitable, efficient, cost-effective and
accountable way. The project was also to investigate how this information can enable the Council to
provide policy advice to the Minister for Disability, Children and Young People. The report will be
submitted to the Minster for consideration.
Community Engagement & Consultation
Kambah Village Creek
The Council was concerned about the large numbers of issues which were being raised by consumers
with disabilities and others about the Village Creek Centre, in particular, around the issues of
accessibility and access using public transport. Overall the issues raised fell under the four categories
of:

Access

Food Services

Health and Safety

Transportation
The Council developed a paper with the purpose of outlining these and to suggest recommendations
that would alleviate the difficulties some people are facing in accessing the centre.
It was agreed between Ministers that it was more appropriate for the Health Directorate to take the
lead on responding to the report. As a result of the report, a meeting was held in September 2011
with senior representatives from the Community Services Directorate, including from Community
Services Directorate; Territory and Municipal Services Directorate, including ACTION; and ACT Health
to resolve the issues identified in the report.
A number of steps were taken to resolve issues identified including, but not limited to:

a meeting with key representatives from Rehabilitation, Aged and Community Care, Business
& Infrastructure staff and Mary Durkin, Health Services Commissioner, to discuss the
Council’s recommendations and the works undertaken by the Health Directorate at Village
Creek;

a general access audit was completed;

a sample survey was completed to understand the different modes of transport used to
access the services,

improved signage for the centre; and

improvements to the concrete pathways to better comply with access standards AS1428.1
and produce a front entrance that would improve consumer satisfaction.
Council Communication
The Council identified the need to increase the level of communication and developed a quarterly
newsletter for dissemination to the community. Each newsletter featured a message from the
Minster, updates on Council work, new policy initiatives and programs, important dates and
community events.
Draft National Standards for Disability Services
Council members attended consultations and provided input into the draft National Standards for
Disability Services. At the 18 December 2013 meeting of the Standing Council on Disability Reform
Ministers from all jurisdictions endorsed the revised National Standards for Disability Services. These
new standards are seen as a transitional reform enabling nationally consistent quality standards to
apply for the disability services sector. They have a greater focus on person centred approaches and
promote choice and control by people with disability. These are considered critical under the
National Disability Insurance Scheme.
The new document is comprised of a set of six standards that are able to be applied across a broad
range of circumstances. They are:

Rights

Participation and Inclusion

Individual Outcomes

Feedback and Complaints

Service Access

Service Management.
A copy of the standards including an easy read version can be found at http://www.dss.gov.au/ourresponsibilities/disability-and-carers/standards-and-quality-assurance/new-national-standards-fordisability-services
Access to education for students with disability relating to the
Gonski Review
The Council developed a positive working relationship with Kerrie Heath, Manager Disability
Education, ACT Education and Training Directorate. Ms Heath met with the Council to highlight a
review recommending a nationally consistent standard on access to education for students with
disability and that work will be carried out to establish the levels of adjustment required in each
jurisdiction. These adjustments would include both physical (built environment) and non-physical
curriculum adjustments.
Ms Heath also detailed the approach to disability education in the ACT and the four public school
networks. A number of reforms had recently been introduced including an early intervention
programm and a more holistic approach to the needs of students with disability and their transition
from school.
Council Member Ms Sue McIntosh represented the DAC on the Disability Education Reference
Group. This reference group provided an opportunity for the community to have an important role
in formulating advice to the Directorate on the education of students with disability.
Implementation of the ACTPS Employment Strategy for People with
Disabilities 2011-2015
The Council provided input into the Implementation of the ACTPS Employment Strategy for People
with Disabilities 2011-2015.
Jason Le Couteur, Chief Minister and Treasury Directorate provided the Council with an overview of
the strategy indicating that it was developed following the People with Disability Making Diversity
Work report (2009). A key challenge of the strategy will be to increase disability confidence and
awareness of staff across all directorates.
A number of initiatives have been planned across the life of the strategy. The ACTPS employment
strategy for people with disability sits under the Government’s Respect Equity and Diversity (RED)
Framework. An objective of the strategy is to effect further management cultural change resulting in
considering the employment of the best person for the job regardless of disability or not. The aim
over the next 2 years is to increase the number of people with disability in the ACTPS.
The Council recommended:
•
That the strategy is employed across the whole ACTPS not limiting people with disability to
“pocket” areas
•
Cultural change should be initiated at the point of recruitment and could be brought about
through an increase in disability awareness and confidence training and knowledge of
reasonable adjustments for all staff.
•
Flexible work arrangements and environments should be considered to promote full
participation in the workplace.
ACT Human Rights Commission
The role of the ACT Human Rights Commission is to review complaints, provide input into
legislation, facilitate community education, and conduct training programs. The Commission
has three Commissioners with separate areas of responsibility.

Ms Helen Watchirs – Human Rights, Discrimination

Mr Alistair Roy – Children and Young People

Ms Durkin – Disability and Community Services, Older People.
The Council has enjoyed a productive working relationship with the Commission over the
life of the Council’s term. The Council was invited to act as the Commission's reference
group for the development of the Commission’s Disability Action Plan (DAP). It was
acknowledged as the key advisory body to the ACT Government on disability issues. The
Disability Action Plan reflects a commitment to inclusion and is a proactive approach for
organisations to comply with the Disability Discrimination Act (DDA) and to make
organisations or events as accessible, welcoming and inclusive as possible.
As an organisation created explicitly to serve the interests of people with disability, amongst
others, the ACT Human Rights Commission has a unique leadership role in the ACT
community. As such, the Council saw the Commission taking an active role in the promotion
of issues relating to people with disability and the development of DAPs as a way to turn
this commitment into a reality.
The Council acknowledged that the Commission's role to monitor and report on human
rights compliance and undertake audits of government services uniquely places it to
proactively engage the government and wider community in the development of DAPs and
other inclusion strategies. The Council believes that the development of DAPs is a key step
in eliminating barriers to participation for people with disability in the ACT community.
The Council supported the Commission’s approach to develop an initial one year plan
focused on reviewing current practices, to identify barriers specific to the Commission and
to establish a baseline for future plans.
The Council encouraged the Commission to take an active approach to reporting on its
achievements against the objectives of the DAP. To this end, the Council recommended that
the Commission include a report on achievements against the DAP in its annual report.
Wheelchair accessible taxis
Kerry Bell and Wayne Daly presented on the Wheelchair Accessible Taxi (WAT) Review. The
Review found there was enough work to support a fleet of up to 30 vehicles.
Accessible voting
Elections ACT invited a representative from the Disability Advisory Council to try out the eVACS
voting terminal with the new telephone style keypad attached to it, and with the assistance of the
audio script which is built into eVACS to assist blind and vision impaired voters. In doing so,
Elections ACT received comments regarding the audio script and its appropriateness for use by blind
vision impaired voters.
National Disability Strategy Development Officials Working Group
(NDS DOWG)
Chair of the Council, Mr David Long had the opportunity to attend the National Disability Strategy
Development Officials Working Group (NDS DOWG) meeting for Disability Advisory bodies in 201113. The NDS DOWG has the remit of supporting the Community and Disability Services Ministers in
the implementation of the Strategy. DOWG membership includes representation from departments
with responsibility for specialist disability services and central agencies in each jurisdiction.
Qantas Wheelchair Policy
The Minister for Community Services had asked the Council to consider some of the issues faced by
wheelchair users using Qantas services. A Canberra Times article (Wheelchair Users Grounded, 8
June 2012) was circulated to Council members for consideration.
On Friday 13 July, 2012, an article appeared in The Canberra Times about the experience of Garry
Croker, a wheel chair bound ACT resident who was refused access to a Qantas flight from Canberra
to Sydney. Mr Croker was in the restroom when his flight was announced and did not hear the
boarding announcement. The aircraft was a Dash 3 which is loaded on the tarmac via the back stairs,
necessitating the use of a mobile lift to place Mr Croker on the aircraft. Qantas claimed that there
was no time to board Mr Croker onto the plane by the take-off time. Mr Croker was offered a seat
on the next flight, which he accepted, and also a free hire car service from the airport to his
destination, which he refused.
Section 32(1) of the Disability Discrimination Act 1992 Act states: “The Minister may by way of
legislative instrument formulate standards to be known as Disability Standards in relation to any
area in which it is unlawful under this Part to discriminate against another person on the grounds of
a disability of the other person”. The Act seeks to eliminate discrimination as far as possible against
people with disabilities, including discrimination in respect to public transport which is a service
covered by The Act.
One issue that has generated a great deal of discussion is the two wheel chair policy adopted by
some airlines. This policy has been the subject of legal action in the Federal Court in King v Jetstar.
Mrs King had booked a seat on a flight from Brisbane to Sydney over the internet but was
subsequently advised by Jetstar that she could not travel on that flight because that flight had
already reached its limit of two wheel chair passengers, under its two wheel chair policy. This policy
does not apply to all of Jetstar’s aircraft, only certain narrow bodied types. Mrs King was offered a
seat on a subsequent flight free of charge, but declined the offer.
Mrs King complained to the Human Rights Commission without success. She then applied to the
Federal Court seeking declarations for orders that Jetstar had contravened the Disability
Discrimination Act and an order directing Jetstar to cease enforcing its two wheel chair policy. The
Court found at first instance, upheld on appeal by the Full Court, that Jetstar had discriminated
against Mrs King on the basis of her disability, but found discrimination in this case, was not
unlawful, as Jetstar had proved the defence of unjustifiable hardship. Section 20 (2) of the Act as it
then was (now reproduced in the Act as section 30), states that it is not unlawful discrimination if
the provision of the services or the making available of the facilities would impose unjustifiable
hardship on the person.
In coming to its decision, the Court took into account

The low cost carrier model which is dependent on high aircraft utilisation and tight turn
around;

That an increase in the two wheel chair policy would increase the turn-around time
inconveniencing other passengers resulting in a significant loss of revenue;

The two wheel chair policy only applied on narrow bodied aircraft and the fact that Mrs
King was not denied access generally but only on that particular flight
The concerns mentioned above when looked at in the light of King v Jetstar, although discriminatory
against people with a disability, may be defensible on the grounds of unjustifiable hardship. For
example, abolition of the first on last off policy adopted by most airlines may substantially increase
the aircraft turn-around time and inconvenience the majority of passengers.
On the other hand, the requirement that wheelchair passengers arrive at the airport an hour before
departure, even though they are boarded just before other passengers, would seem to be
unreasonable and quite discriminatory. It will be noted that Mr Croker’s complaint arose after he
arrived at the departure gate too late for the necessary arrangements to board him before
departure. The Council considered these issues and maintained a watching brief on the situation.
14th National Disability Advocacy Conference: Advocating for
inclusion
Council Members Mary Webb and Mary Hodges attended the 14th National Disability Advocacy
Conference: Advocating for inclusion held in Melbourne between 30 April and 1 May 2012. The
conference included a frank discussion of the advocacy strategies that can be used in seeking the
inclusion and participation of people with disability.
Council Members found this to be a very useful conference in terms of raising their awareness of a
broader range of disability issues, particularly in the area of intellectual disability, and the rights of
people with intellectual disability. It was found to be of great benefit when considering matters of
relevance raised at the DAC.
Riskman Trending Report
Following the Riskman Trending Report FOI and Sunday Canberra Times article of 26 August 2012,
Council Member Phillip Brown tabled a paper in which he outlined some specific requests for
information on injury to staff and clients and positive behaviour training for support workers. Anna
Fieldhouse, Senior Manager Services for Adults, Disability ACT gave a presentation to members on
the approach taken by Disability ACT towards Positive Behaviour Support Training for its Disability
Support Officers (DSO’s).
The presentation highlighted that training in Positive Behaviour Support is provided to DSO’s at
three key career points; induction training, refresher training and specific training to meet the
support needs of particular clients. Specific training could include behaviour support, mealtime
management and new and developing medical issues.
When required, Health Professionals develop Behaviour Support Plans for specific clients. Health
Professionals develop these plans in collaboration with a number of agencies, the client, parents and
carers.
Future role and function of the Disability
Advisory Council
Refresh of the DAC
The ACT is experiencing immense change with the launch of the National Disability Insurance
Scheme in July 2014. This is a critical time to raise awareness and consciousness of disability issues
and to provide a forum to drive outcomes for people with disability in the Canberra community.
Refreshing the Disability Advisory Council created the opportunity to be responsive to the needs and
aspirations of the community through the launch and transition phases of the National Disability
Insurance Scheme. To achieve this, the Council sought to garner the views of the community on the
Council’s role and function into the future.
This project came at a critical point in time for people with disability in the ACT. The role and
function of the ACT Government will change with the introduction of the NDIS in the ACT in July
2014. The Territory will continue to be required to meet its obligation to implement the National
Disability Strategy and be expected to update the ACT Government’s plan for the implementation of
the National Disability Strategy, Future Directions: Towards Challenge 2014.
Research objectives
The purpose of this research was to inform the review and potential refresh of the ACT Disability
Advisory Council. Specifically the overall objectives of this research were to:
•
Engage people with disability and the community through a variety of mechanisms to garner
views on the future role and function of the Disability Advisory Council;
•
Gather input to the Disability Advisory Council’s work to ensure it is representative of the
voices of people with disability and is responsive to the needs of the Canberra community;
and
•
Gather an evidence-base for the future direction of the Disability Advisory Council beyond
March 2014.
Colmar Brunton was approached by Disability ACT, in consultation with the DAC, to conduct research
to inform the review and potential refresh of the Council. The following presents a snaphot of the
findings of this research.
Quantitative Results

A total of 94 surveys were completed. Just under one third of participants who completed the
survey indicated that they were from a service provider for people with disability (29%),
followed by participants who identified as a person with disability (28%)

Two-thirds of participants indicated that they had heard of the DAC (66%), while 34% indicated
that they had not heard of the DAC.

Three-quarter of respondents indicated having a Disability Advisory Council was either very
valuable (56%) or valuable (20%), while only 8% indicated that it was not very valuable or of no
value at all.

Participants ranked the six policy areas of the National Disability Strategy in terms of a need for
improvement or reform. The highest proportion of participant’s first ranking was assigned to
inclusive and accessible communities (27%), followed by health and wellbeing (22%) and rights,
protection, justice and legislation (22%).

Participants indicated that the most critical issues facing people with disability in the ACT that
DAC should focus on was greater clarification and information regarding the pending NDIS
introduction in the ACT. This was followed by adequate information about support and
assistance available for those with a disability and their families (16%), employment related
support in both securing and sustaining meaningful employment (15%) and ensuring adequate
financial support to minimise barriers to participation (15%).

All participants (100%) indicated that people with disability should be represented on the
Council. Large proportions of participants also indicated the family members of people with
disability (97%), advocates (88%), service providers who work with people with disability (88%)
and practitioners / researchers in areas relevant to the lives of people with disability (87%)
should also be represented.
Recommendations of the report covered six themes
1) Membership of the DAC – to be well advertised, transparent process and be targeted to those
people with a direct link to disability;
2) DAC Secretariat & website – independent website and the secretariat services being delivered
by a professional external third party
3) Work plan – DAC must have a manageable and achievable work plan with a focus on the NDS
and making the ACT an inclusive society
4) Engagement with the Minister and ACT government – Minister (or a nominated representative)
regularly attend DAC meetings and encourage a ‘closing of the loop’ on advice provided by the
DAC
5) Improve connection with people with a disability, their families, carers and the broader sector
– need for the DAC to create a common database for contacts
6) Improve communications and dialogue with the sector – there is significant interest in receiving
more regular updates regarding the issues the DAC is considering and how it is developing its
advice to Government
The report has been submitted to the Minster for consideration.
Strategic framework
The Strategic Framework has been developed by the 2011–2014 Council to assist future Councils to
provide advice to the Minister. The framework sets out four focus areas which the Council believes
reflect its responsibilities:
•
Focus Area 1—Getting everyone’s input
•
Focus Area 2—Connecting with government, business and the community
•
Focus Area 3—Promoting disability confidence
•
Focus Area 4—How the Council works.
In each focus area, the draft framework sets out what the future Council could do under the
subheadings ‘What we are going to do’ and ‘How we are going to do it’.
In reflecting on its term, the outgoing Council recommends that the future Council consider adopting
a more formal approach to developing priority areas for attention during its term, in which both
planned and responsive priorities are identified and incorporated into a work plan, which is
reviewed annually. The Council should primarily consider and addresses planned issues that are
underpinned by this Strategic Framework and one of the six outcome areas of the National Disability
Strategy.
Policy Advice
Throughout its term the Council provided comments and perspectives on a number of policy matters
and programs being considered by Disability ACT. These include but are not limited to:
Increase the number of ACT Government scholarships for people
with disability.
DAC member commented that there was a lack of scholarships currently available to students with
disability and that those currently available did not meet the full cost of study. Council advised that
Disability ACT should approach local universities and companies to encourage the development of
further grants and scholarships to provide enhanced educational opportunities for people with
disability.
Reduction in land tax for lessors who rent to a person with
disability.
DAC members commented that this proposal could make it possible for some people with disability
to access the private rental sector and make it more attractive for private landlords to make some
adaptations to their properties. However it was also noted that many people with disability find it
difficult to sustain a private tenancy.
The Council noted that Disability ACT were developing an Innovative Housing Unit aimed at
diversifying the housing options available for people with disability in the ACT. Members
recommended that further scoping and development of the initiative be progressed through the
Innovative Housing Unit.
Rate deferment scheme for a property owner with disability.
All Council members commented favourably on this proposal whilst also highlighting a number of
issues for further consideration. Issues included thinking through eligibility issues and any liability for
differed rates where a homeowner with disability dies leaving a partner in situ. Council members
agreed that this policy proposal should also be considered as part of the Innovative Housing Unit.
Future Directions: Towards Challenge 2014 (Future Directions)
In its finalisation report the Strategic Governance Group (SGG) identified the Disability Advisory
Council as best placed to provide oversight of the progress against Future Directions. Disability ACT
has provided two updates to the Council in November 2013 and February 2014.
The Council noted the following progress against Future Directions:

The delivery of a Youth Civics program – an initiative which continues to promote
inclusion and raise awareness about disability. The program will be available on-line
early 2014, and a total of 14 primary schools have either been involved with, or
planning future delivery of the program.

Volunteering Project – a project to enhance participation of people with disability
was developed through community engagement and provided by Volunteering ACT.
By the end of 2013 the Inclusive Volunteering Program had succeeded in placing 33
vulnerable people, including people with disability in volunteering placements.

Official Visitor Scheme – compliments the suite of safeguards in place for people
with disability. The official visitor commenced visits in November 2013 to residential
aged care facilities, Disability ACT supported accommodation and respite services
and disability accommodation operated by community organisations. A second
official visitor, with lived experience of disability will commence 1 March 2014.

Enhanced Service Offer - The Enhanced Service Offer (ESO), provided grants to
support the ACT community to prepare for the NDIS. Since July 2013 there have
been two rounds of the Enhanced Service Offer delivered as grants to individuals to
increase readiness for the NDIS. Under the ESO $7.7 million will be allocated for
supports to assist people with a disability, including psychosocial disability.
The progress reports also highlighted areas which required further attention including improving
pathways to access to mainstream health services, ageing people with disability policy, and inclusive
justice.
Future Directions is in its final year of implementation. A final report will be prepared for the Council
at its completion, in line with the recommendation in the SGG finalisation report. The finalisation of
Future Directions provides an opportunity both for reflection of the outcomes to date and direction
to plan for the future in line with the ACT’s obligations under the National Disability Strategy. The
framework for oversight of a new plan, and the potential role DAC could play, is still in development
and progress will be shared with the new iteration of the DAC.