Senate debates

Friday, 17 November 2023

Bills

Disability Services and Inclusion Bill 2023, Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023; Second Reading

10:33 am

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | Hansard source

I want to echo the comments of my colleague Senator Steele-John and acknowledge his amazing work and knowledge in this space. I also want to acknowledge the work of the First Peoples Disability Network, who have worked endlessly and continue to work so hard in advocating for First Nations disabled people. They do some amazing work, and it's so important that we take this time to acknowledge the hard work of organisations and services who are on the ground and who are absolutely are seeing firsthand what the issues are and fighting to fix them. Whilst the Greens welcome the repeal of the Disability Services Act 1986, we are absolutely disappointed—and it was very evident during Senator Steele-John's speech on the second reading—and frustrated by the Disability Services and Inclusion Bill 2023 and related bill before the Senate today. I echo his frustration and disappointment in that.

The Greens understand and see the efforts expended by the disability community in particular to clearly state what those barriers are that disabled people actually face and exactly what is needed to break those barriers down. This bill does not listen to those voices—absolutely not. I wholeheartedly agree with the comments of Senator Reynolds, as well, from the coalition. It seems that this is a habit of this government, so we completely agree on that, Senator Reynolds. I know that in both my portfolio areas of resources and First Nations time and time again I am told that people's voices are not being listened to, and that's a slap in the face for everyone. During the election process this government promised that they wouldn't leave anybody behind. They are, in fact, leaving the disabled community behind in this instance.

During the inquiry into this bill the disability community were very clear that this could have been an opportunity to put into action Australia's commitment to the Convention on the Rights of Persons with Disabilities. This would include committing to time frame for ending the segregated employment, the segregated education and the segregated housing that we've heard about today. There was also an opportunity to tangibly and immediately improve the lives of disabled people. The Greens know that the only barrier to a lot of those solutions is actually the political will to get on with the job. The Greens have a few amendments to this bill, and Senator Steele-John and I have co-sponsored two of those. I know he will continue to speak to those on my behalf. These amendments seek to highlight the intersections for First Nations disabled people and the unique needs and considerations that First Nations disabled people need in order to obtain culturally safe and appropriate care and support while ensuring that they still have connection to their culture and their community. The importance of this issue is something which I have spoken about many times in this place.

This government has a duty to ensure that key pieces of legislation such as this both enliven and give effect to the rights contained in the UN Declaration on the Rights of Indigenous Peoples. I'll be on my way to a committee meeting shortly to look at the chair's report from the committee that's looked at the domestication of the UNDRIP. The UNDRIP has four key principles that can and must be brought to life through this piece of legislation and many others across various portfolios. They are about self-determination, participation in decision-making, respect for culture and the protection of culture, equality and non-discrimination. I don't think it's very hard for those in this place and the other to take these principles into consideration when we are drafting legislation and pushing it through the parliament. Our amendments highlight how this bill can and should feed into closing the gap, which is such a big agenda for First Nations communities. Whilst there is no specific target for closing the gap, there are many targets that relate back to the quality of life and the connection to culture that disabled First Nations people deserve. These targets include increasing life expectancy, inclusion in employment and education, access to housing, lowering incarceration rates and reducing suicide rates.

As Senator Steele-John has already mentioned the royal commission's work, I want to specifically refer to something from that report that talks about the overrepresentation of First Nations people with cognitive disability who are in custody. This particularly applies to youth detention. The report states that this is largely a hidden national crisis, and I can vouch for and attest to this because it is such a huge issue for us in our home state of Western Australia, which Senator Steele-John and I represent. We know these gaps exist for First Nations people, and they are even wider for disabled First Nations people. Having quality, accessible, affordable and culturally appropriate care is paramount for disabled First Nations people in closing these gaps. This government must ensure that the decisions made under this legislation relate back to closing the gap and to UNDRIP. That's how we can ensure that decisions are made in the best interests of those people who will be directly impacted by the decisions that we as elected representatives in this place make.

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