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Welfare Reform — Priority Issue

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Contents

1. Introduction

2. Introducing PDCN

3. PDCN's Starting Position

4. Adopting a rights-based, holistic approach to disability

5. PDCN Response to Part 3 of the Inquiry

- (a) “current unmet need”

- (b) “the adequacy of the Government’s response to unmet need to date”

 - (c) “the need and level of provision for respite care”

- (d) “the availability and distribution of supported accommodation, respite care and other disability services for people in rural and remote communities, needs of people with disabilities and their families in rural and remote areas, and the need for government to make particular provision for their needs.”

- (e) “the security of ongoing funding arrangements for the non-government sector”

- (f) “the desirability or otherwise of a continuing role for Government in the direct provision of services for people with a disability.”

- (g) “the adequacy of administrative arrangements between the Ageing & Disability Department and the Department of Community Services inrelation to the disability services provided by the Department of community Services.”

- (h) “the status of the implementation of the Disability Services Act (1993)

6. Conclusion

7. Summary of PDCN Recommendations


1. Introduction

The Physical Disability Council of New South Wales Inc., (PDCN) welcomes the Inquiry into residential and support services for people with disability. We applaud the Legislative Council’s decision to launch an inquiry by the Standing Committee on Social Issues. We believe that such an inquiry is both necessary and long overdue, particularly with regard to questions relating to “unmet need”.

In this paper PDCN will set out its response to Part 3 of the Inquiry Terms of Reference. Our comments will concentrate on matters of particular concern to people with physical disabilities. We believe, however, that many of the points of principle relate equally to all people with disabilities.

We will attempt to address all the areas identified by the Standing Committee. We will not limit ourselves, however, to consideration of “residential and care services for people with disabilities”. PDCN believes that “unmet need” is a broader and more complex issue than just questions of how we fund and organise adequate provision of specialist services, important as those questions are. We will, therefore, ask Members of the Standing Committee on Social Issues, and Parliament as a whole, to consider the totality of unmet need experienced by the estimated 1.5 million people with disabilities of all ages living in New South Wales.

We try in the pages that follow to focus on the real needs of people with disabilities. Part of the debate will focus, necessarily, on the expenditure of tax dollars. We hope, nevertheless, that the Government will engage productively with the whole debate. No one will be assisted by parrot-like repetition of the too-familiar official line that ‘funding has increased by such and such an amount since we came to power’. Facts are facts and need to be recognised. Dogma, on the other hand, helps no one.

PDCN’s prime concern, when it comes to disability related budgets, is with outputs. All taxpayers need confirmation that the best use is being made of tax dollars to deliver the best set of outputs for people with disabilities. In short, whatever the costs, we need to ensure that the right things are being done and done well.

2. Introducing PDCN

PDCN is the peak body representing people with physical disabilities in New South Wales. We are part of a network, which make up the membership of the Physical Disability Council of Australia. At all times 75% of the members of PDCN must be people with a physical disability. We believe, therefore, that what we say and the representations we make to Government are based on the direct experience of people with disabilities. We are, we believe, an ‘expert organisation’.

PDCN operates democratically as part of an effective network of disability sector organisastions. We work collaboratively with agencies that share common goals. We strive to bring about significant, permanent and positive changes in the circumstances of people with disabilities. Our goal is to secure equal civil and human rights for people with disabilities.

  • PDCN assists people with physical disabilities to represent themselves and express their own points of view to decision-makers in all sectors.
  • PDCN helps to keep people with disabilities informed of developments of all types that might affect the lives of people with disabilities.
  • PDCN represents the views and interests of people with disabilities to government and non-government decision-makers.
  • PDCN works to educate members of the general public about the needs and aspirations of people with disabilities.

Membership of PDCN is open to individuals with a physical disability living and to any person or organisation with a commitment to consumer rights and the empowerment of people with disabilities. PDCN’s Management Committee has twenty-one members, most of who are people with physical disabilities. Parents of children under 16 years of age are members of our committee. One third of the committee places are reserved for people with physical disabilities who are not resident in greater metropolitan Sydney.

PDCN is funded by the Ageing and Disability Department of the NSW Government. We employ two members of staff, based in our offices in Glebe.

3. PDCN's Starting Position

PDCN starts from the position that all people with disabilities have a right to expect that all sections and every aspect of Australian society should respect and respond equitably to our aspirations to be thought of and treated as full members of Australian society. We believe that the Inquiry into “unmet need” must acknowledge, therefore, the breadth, complexity and inter-relatedness of the issues at stake.

It will not be sufficient to consider the topic of “unmet need” only in relation to questions of specialist service delivery or the constraints of the Commonwealth / State Disability Agreement (CSDA) or the current circumstances of the Program of Aids for People with disabilities (PADP) or the waiting lists for Attendant Care Programs, Home Care Services and children’s therapy services or the inadequate number of wheelchair accessible houses for people to live in. All of these are important matters - as are many others – and we will refer to them in this submission.

We share the view of many disability sector organisations that each of the individual components of the current system of planning, organising, financing and providing services must be considered fully during the course of the Inquiry. However, we believe that a more comprehensive approach is also urgently required.

If the Standing Committee on Social Issues wants to make the best use of the information provided to it during the Inquiry, its analysis of “unmet need” must be located within the context of a ‘whole-system’ approach. Such an approach must understand the needs, rights and responsibilities of people with disabilities as equal citizens, not merely as passive recipients of service system outputs.

4. Adopting a rights-based, holistic approach to disability

PDCN believes that people with disabilities should be able to participate in Australian society on the same basis and to the same extent as expected by most Australians.

There needs to be, we believe, a recognition that people with disabilities are members of a social minority in Australia that is economically, culturally, politically and socially disadvantaged by systemic failures and inadequacies, including institutional and individual discrimination. The funding and organisational problems of “unmet need”, in relation to formal systems for delivering social welfare services, are but two aspects of a much larger failing of our social infrastructure as a whole.

Direct experience tells us that people with disabilities live with the consequences of social exclusion every day of our lives and in all aspects of our lives. This is the ‘unmet need’ that the Standing Committee on Social Issues, Parliament and Australian society as a whole must address as a matter of urgency.

The objectives of public policy in relation to meeting the needs of people with disabilities should be:

  • To empower people with disabilities so as to make it possible for every individual to be treated equitably by society.
  • To transform the social infrastructure by eradicating systemic barriers to participation by people with disabilities.
  • To provide person-centred support to people where necessary, based on appropriate and sensitive assessment of individual need.

People with disabilities should be liberated from social disadvantage and freed from the constraints imposed upon them by a dependency culture fostered by the distorting effects of a medical model of disability. To achieve these goals, Australian society must respond to and meet people with disabilities’ unmet need for:

  • Personal dignity in the social relationships we establish in family life, community settings or through work, leisure and our connection to service providing systems.
  • Independence in making decisions about our lives in all their aspects.
  • Informed choice from a range of options that has not been constrained by systemic failures and/or discriminatory barriers.
  • Participation in all aspects of Australian society on the same terms as other Australians.
  • Civil and Human Rights clearly established in Law, based on inclusive principles and supported by institutional mechanisms that are capable of assisting society to meet the legitimate aspirations of people with disabilities.

5. PDCN Response to Part 3 of the Inquiry

Part 3 of the Terms of Reference of the Inquiry makes specific mention of a number of key areas of concern for the Standing Committee on Social Issues. In this section of the PDCN submission, we seek to address each of those issues.

(a) “current unmet need”

PDCN believes that the evidence showing substantial amounts of unmet need is beyond dispute. That evidence has been established and quantified in many reports and papers over many years. We earnestly hope that the Standing Committee and Parliament accept that sufficient data already exist, providing convincing proof that “unmet need” is real and exists at levels which indicate a chronic problem for people with disabilities, bordering upon crisis proportions for many.

According to the Australian Bureau of Statistics (ABS), people with disabilities make up the same proportion of the population in New South Wales as they do for Australia as a whole, i.e. 19 per cent of the total.1 The ABS observes that:

  • “Of those with a disability, 87% (3.2 million) experienced specific restrictions in core activities, schooling or employment”
  • “Self care, mobility and communication are fundamentally important activities underlying all aspects of everyday life. Most people with a disability (78%, or 15% of the total population) were restricted in one or more of these core activities.”
  • “Depending on the level of assistance needed or difficulty experienced, restriction in core activities was profound (3% of the total population), severe (3%), moderate (4%) or mild (6%)”

Clearly a substantial proportion of the population of New South Wales are people with disabilities. Demographic changes, principally the increasing number of Australians living to reach older age, suggest that the proportion of the population with a disability will increase also. As the ABS statistical reports indicate, about one-fifth of the population encounters restrictions, barriers and/or limitations in key areas of their lives. The solution to these problems, in PDCN’s view, is to accelerate the pace of systemic change, including the development of new and reformed service systems designed to promote and facilitate social inclusion.

It is no less clear that the need for change and improvement is overdue. Even if one restricts the focus of examination to the narrow definition of ‘unmet need’ promulgated by the Australian Institute of Health and Welfare (a limitation that PDCN would not endorse) it is clear that much still needs to be done. As long ago as July 1996, Professor Anna Yeatman wrote in “Getting Real: The Final Report of the Review of the Commonwealth/State Disability Agreement”2 that she found,

“…critical and urgent unmet need in virtually all areas of service provision.

  • 135,000 people with severe and profound handicaps are in critical need of accommodation, accommodation support or respite care services;
  • 7,700 people with severe and profound handicap have a carer over the age of 65;
  • 7,000 carers of people with severe and profound handicaps say they can’t access respite; and
  • up to 70,000 people with sever and profound handicaps may need access to day / recreation activities.”

PDCN believes that the situation has worsened since Professor Yeatman’s report was published. We believe that a substantial body of written analysis exists (some published and some unpublished) to support PDCN’s observations.

For example, the Australian Bureau of Statistics wrote that:

“In 1998, 57% of the 3.4 million people [in Australia] with a disability living in households needed assistance to move around or go out, shower or dress, prepare meals, do housework, light property maintenance or paperwork, or communicate.

Most people in need of assistance received some help: 64% had their need fully met, and 32% partly met. However, there were 4% who felt their needs were not met at all. … People with profound or severe restriction who need assistance were very likely to receive help; however they were less likely to have their needs met fully than those with milder restrictions.”3

PDCN believes that the ABS analysis underestimates the true picture of unmet need. Nevertheless, ABS data provide compelling evidence. More than one-third of Australians do not have their needs met fully or at all by current service systems. And the more profoundly people with disabilities are the more likely they are to have unfulfilled service needs.

Professor Yeatman’s report and the ABS statistics add to the body of irrefutable evidence showing that people with disabilities experience substantial levels of ‘unmet need’ in many aspects of their lives, including social welfare services. It is of debatable worth, however, to limit the field of inquiry to the very narrow base of issues identified as ‘unmet need’ within the CSDA. PDCN is not alone in such a view.

The New South Wales Government led by Premier Carr, for example, asserted in 1996 that

“Through promoting greater equity, rights, access and participation, NSW will become a genuinely richer society.”4

In relation to addressing the needs of people with disabilities in particular Premier Carr’s Government resolved:

“ to have a whole of government approach [to people with disabilities] with, as a major objective, the co-ordination of programs across government agencies.”5

And

“to ensure that each person with a disability is supported as an individual in all policies, by all agencies and all programs”6

PDCN urges the New South Wales Government, through the Inquiry of the Standing Committee on Social Issues, to re-commit itself to the objective of “promoting greater equity, rights, access and participation”. We agree with the Government’s observation in 1996 (which appears to have slipped to a very low position on the ‘to do list’ of policy implementation) that social investment - driven by a “whole government approach” - can lead to a “genuinely richer society”.

Premier Carr’s Government clearly agrees, in policy terms, with PDCN’s view that social investment to facilitate the participation of people with disabilities enriches the whole of New South Wales’ society, not just those individuals being supported. The goal of social inclusion through which social diversity is celebrated appears to have informed the NSW Government’s own words, which commit its “whole of government approach” to a policy framework for people with disabilities that seeks:

“A society in which individuals with disabilities and their carers live as citizens with optimum quality of life, independence and participation.”7

PDCN believes that the Inquiry of the Standing Committee on Social Issues offers the Government a defining moment to re-commit itself to policies, infrastructure developments, funding arrangements, service systems and verifiable actions that create, promote and sustain a community that excludes no-one. We believe, therefore, that the debate about how best to eradicate ‘unmet need’ must be informed by and located within the overall context of the experiences and circumstances of people with disabilities today. There is much to consider.

People with disabilities need …

a. Economic independence and security.

The overwhelming majority of people with disabilities are not in paid employment. 8% of all people with disabilities are under 15 years of age.8 34% of people with disabilities are beyond working age.9 And in the population of people with disabilities of working age, 47% are not in employment.10

People with disabilities are much more likely to be outside the Labour Force than are Australians in general. According to the ABS, more than 80% of the population of working age with no disability are Labour Force participants. For all people with disabilities of working age, however, the participation rate is only 53%. And the more profoundly disabled a person is, the more likely it is that the individual will be excluded from the Labour Force. 60% of people with a “severe core activity restriction” do not participate in the Labour Force. For people with “profound core activity restriction” the exclusion rate is an astonishing 80%.

In total, at least 70% of all people with disabilities receive no income of any amount from employment.

PDCN recognises that income support is principally a matter for the Federal Government to act upon. Like many other organisations in the disability sector, PDCN has submitted a detailed response to the deeply troubling Discussion Paper on so-called welfare dependency issued by Senator Newman. However, as the Legislative Council considers the question of ‘unmet need’ it is essential that its deliberations acknowledge and seek to respond to the realities of the economic circumstances of people with disabilities. Ample evidence exists to show that, generally, people with disabilities of all ages live on incomes that are below the state and national averages. At the same time, we believe, people with disabilities face higher costs of living than the population in general.

The combination of lower incomes and higher expenditure patterns places people with disabilities in seriously disadvantaged economic and social circumstances. Financial barriers created by the extra costs of living of people with disabilities re-enforce social trends and systemic inadequacies, which further exclude people with disabilities. It is critically important that the development of new or existing services for people with disabilities are designed with service user participation to break down, rather than perpetuate, the social isolation and marginalisation common to many people on low incomes.

PDCN RECOMMENDATION 1

The NSW Government should accept that people with disabilities generally live on below average incomes and that there are extra costs of living with a disability created by systemic barriers and discrimination. All Government programs should, therefore, take account of the economic disadvantages experienced by people with disabilities. Eligibility criteria, means tests and charging policies should be revised to better fit the true financial circumstances of people with disabilities.

b. An accessible environment.

Any review or inquiry into the ‘unmet need’ of people with disabilities, which seeks to consider how service systems can be improved, must help to encourage change in the acutely hostile built environment in which ‘normal’, ‘mainstream’ or ‘day to day’ activities occur. High on the list of the problems of ‘unmet need’ is the continuing denial of citizens’ full access rights in a built environment that discriminates against people with disabilities.

Historically, one of the responses of service systems and funding regimes to the reality of inaccessible buildings and services used by the community as a whole has been to develop (then extend or modify) segregated, so-called specialist services and buildings. This has been a costly and deeply flawed strategy.

PDCN is deeply committed to the creation of a barrier-free built environment. The Standing Committee on Social Issues should unambiguously and strongly assert recommendations that are intended to eradicate expenditure on segregated facilities. Services and service support should allow people with disabilities genuine choice. The failures of design and construction – still too common throughout New South Wales - should not be tolerated in the civilised society we believe ourselves to be. People with disabilities should have no more or less choice than other Australians about where they go, what they do, and with whom they do whatever it is that passes for ‘normal’ activity in our complex, multi-faceted modern world, where people from many different backgrounds and experiences seek to exercise rights to independence and participation.

PDCN RECOMMENDATION 2

All new-build developments and rehabilitation projects should be required to comply with the highest possible standards of barrier-free design and construction. No building should be ‘signed-off’ as fit for public use unless and until the developer and/or owner can verify that access for all has been included and meets the standards required.

PDCN RECOMMENDATION 3

No money raised by Government from any source should be allocated to any development or rehabilitation project that does not guarantee access for all as integral feature of the design, construction and use of a building.

c. An accessible and integrated system of public transport

It is beyond dispute that New South Wales needs a fully accessible public transport system if the social inclusion of people with disabilities is to become a reality. The pressing urgency for improvement cannot be overstated.

Not one component of the public transport network is yet fully accessible to all people in New South Wales. Although there have been important and welcome initiatives taken by publicly owned or regulated private sector providers, the pace of change remains too slow. By comparison, too many private sector transport providers have not moved at all to eliminate discrimination.

It is regrettably clear that transport operators and planners have decided on access implementation cycles of between 10 and 20 years duration. Most Australians would regard a half-hour delay in the arrival of a bus, train, taxi or ferry to be excessive, bordering on the inexcusable. Some Australians - those of us with mobility impairments - are being told it is reasonable to wait up to 1, 2, 10 or 20 years before we can board the next ferry, taxi, train or bus.

There can be little doubt that there is substantial ‘unmet need’ in relation to accessible transport. In almost every survey and/or discussion about the general ‘problems’, issues of concern and anxieties of people with disabilities, transport comes high on the list. The lack of accessible transport is often cited as the biggest problem people face because mobility is a key requirement of participation in the activities of the communities in which we live, work, take leisure and use services.

PDCN RECOMMENDATION 4

All transport systems should be made fully accessible at the earliest opportunity to meet the needs of all people in Australia. The NSW Government should invest $5 million in an incentive fund to accelerate the pace of development of accessible buses.

PDCN RECOMMENDATION 5

The RTA (Public Transport Improvements Initiatives Program) should allocate $5 million of capital funds over the next three years to assist local government to improve access in the physical environment to and for low-floor buses.

PDCN RECOMMENDATION 6

All vehicles used in any transport service or system supported by NSW Government policy, action or funding must be designed and operated to promote all people’s participation in ‘mainstream’ activities, organisations and community life.

PDCN RECOMMENDATION 7

An additional $30 million should be invested by the NSW Government in an accelerated program of improvements to rail stations as part of CityRails’s Easy Access scheme.

PDCN RECOMMENDATION 8

$10 million should be added to the recurrent spending budget of the Taxi Transport Subsidy Scheme to increase the subsidy limit from 50% of the metered fare to 75%.

PDCN RECOMMENDATION 9

No public money or services should be allocated to purchase or lease vehicles or operate services that are inaccessible and/or cannot meet the transport needs of all potential service users.

d. An accessible home of one’s own

Most people with disabilities live in their own homes. This has always been the case and always will be. With the adoption of ‘devolution’ policies by the NSW Government it is certain that the proportion of people with disabilities living in long-stay, institutional care will reduce even further.

PDCN believes that accessible housing is one of the foundation stones of independent living. By designing and building houses to meet the needs of all people, we can create a housing stock that is flexible and capable of adaptation to the changing circumstances of occupants over many years. By ‘factoring-in’ accessibility from the outset, financial resources will be saved over the longer-term life of a property by minimising the need for and cost of access modifications in years to come.

Sadly, only a very small proportion of houses in New South Wales have been built to Australian Standard 4299, the fundamental requirement for barrier-free design. The shortage of accessible accommodation creates unnecessary and avoidable costs and demands on social welfare support systems (both formal and informal).

By failing to meet the need for ‘life time’ housing design that is barrier-free, we distort the demands made by people with disabilities on service budgets. For example: By designing a kitchen to meet barrier-free standards it could become possible for a wheelchair user to no longer rely on paid or unpaid support around the home. Such intervention is often made necessary solely because a sink, cooker or washing machine has been designed and located without consideration of the access needs of all. In such a scenario, barrier-free design becomes a ‘win-win-win’ concept. The wheelchair user maximises her or his independence.The inappropriately deployed, paid or unpaid support can be targeted to other people with needs or (in the case of unpaid ‘carers’) freed from a task that ought not to be theirs. Precious tax dollars can be ‘re-provisioned’ to people with real support needs that have not been created artificially by housing design failures.

The Standing Committee on Social Issues should recommend that NSW regulatory bodies and planning agencies insist that all new housing developments be built to the highest possible standards of barrier-free design. Such compliance should be required because

  • Barrier-free design is the only long-term solution to people’s unmet need for accessible housing.
  • All people will need accessible housing at some stage of their lives, particularly in the circumstances of a trend towards substantially more people living to older ages.
  • Barrier-free design is cost-effective and saves money in the long term.

PDCN RECOMMENDATION 10

All new housing should be built to the highest possible standards of barrier-free design and never to less than the requirements of Australian Standard 4299.

e. Aids & equipment that support independence

The Review of the Program of Appliances for People with disabilities 11 (PADP) written by Carla Cranny & Associates described in comprehensive detail and depth the operation of this crucial scheme in NSW. The contents of that report and the history of the difficulties surrounding its release to the public are well known and a matter of record. PDCN urges members of the Standing Committee on Social Issues to re-familiarise themselves with the findings and recommendations of the Cranny Report.

PDCN believes that people with physical disabilities must be provided with the essential aids and equipment they need to achieve the quality and standard of living that make it possible for us to participate as independent citizens in our communities. It is crucial, therefore, that the state-wide Advisory Committee on PADP established after the publication of the Cranny Report be encouraged and supported to conclude its deliberations as swiftly as possible.

As we noted earlier in this submission, most people with disabilities derive no income from employment and many people live on lower than average incomes. However, the extra costs of living that most people with disability encounter mean that the purchase costs of aids and equipment can create financial difficulties, even for people whose income exceeds the levels at which disability and health related benefits and pensions are set by Government. Many people with disabilities, including people in employment, cannot afford to buy wheelchairs, special seating, hoists, prostheses and other aids necessary for their independent daily living. In an escalating spiral of problems faced by people with disabilities, the need to purchase essential items adds to the costs of living with a disability.

PDCN believes that the PADP budget remains under-funded, in the light of the evidence of unmet need revealed by the Cranny Associates Report. The experiences of people with a physical disability who contact PDCN about the aids and equipment program confirm the findings of the Cranny Report, which show that PADP services are not provided with consistency across the whole of New South Wales. We believe also that the assessment processes can and do create problems for people. We agree with authors of The Equipment Study that there need to be changes made to the method and systems of assessment.

Given our earlier observations about the low incomes and extra costs common to many people with disabilities, PDCN believes that the income threshold above which applicants receive no support must be raised substantially. PDCN knows from the personal experience of many people whose needs are not being met that the current levels of means testing cut-off do not accurately reflect the real costs of living with a disability. The knowledge we have gained from the reports from individuals with physical disabilities experiencing difficulties meeting the costs of aids & equipment has been confirmed by surveys of need, such as that conducted by the Australian Quadriplegic Association.

PDCN RECOMMENDATION 11

Substantial increases in the funds available to PADP are required. Such is the scale of unmet need that we believe the PADP budget should be increased from $13 million to $26 million per annum.

PDCN RECOMMENDATION 12

Eligibility for support through PADP should be extended to people with disabilities on income levels up to and including the median Australian income.

PDCN RECOMMENDATION 13

Oxygen and oxygen related expenditure should be held in its own program, separated from a revised, fully funded PADP.

PDCN RECOMMENDATION 14

The assessment and service delivery processes should be streamlined to provide an efficient, consistent, and fair PADP system across the State.

PDCN RECOMMENDATION 15

PADP management processes should be appraised and reformed to reduce waiting times and optimise the use of tax dollars.

f. Personal Assistance to Support Independent Living

It is not only in the area of aids and equipment for independent living that people with disabilities have unmet needs. Human support to provide personal assistance is no less vital to many people.

PDCN believes that people with disabilities must be enabled to choose from a diverse and broad range of person-centred options of personal assistance and support for independent living. The purpose of such support systems and services should be to help people realise their legitimate aspirations to control their personal living arrangements and facilitate participation in community life.

Attendant or personal assistance is an essential support service for many people with disabilities, particularly those with more profound and/or complex impairments. Such assistance makes it possible for people with high levels of support requirements to control the performing of everyday tasks that most people take for granted such as taking a shower, dressing or preparing a meal.

Attendant or personal assistance service systems can make it possible for people to live as independently as anyone else in the community, to exercise the fundamental rights of citizenship and to make the same set of lifestyle choices as their peers who have no disability. To do so, personal assistance service systems need to be adequately funded, sensitively managed and, at the point of delivery, under the control of the person receiving the support.

Personal or attendant assistance to people with disabilities is provided in several ways. PDCN wishes to comment on 4 methods in particular. We believe it to be critically important that the Standing Committee on Social Issues acknowledge the true extent and nature of the unmet need in these areas.

We implore the Committee to recommend substantial changes to the status quo, including significant increases to specific budgets. New funding arrangements should be introduced by transferring funds from areas of current expenditure that perpetuate institutional living or other service distortions that do not contribute to genuine independence and participation. Such re-provisioning of existing funds will require transitional funding to be available to make possible a smooth period of transfer of budgets from older and inappropriate forms of support to newer and more responsive systems. If and where necessary, funds should be increased to ensure that people making the transition from institutional living experience no reduction in the quality of support received.

‘The informal network of care’, which usually means family members or friends providing unpaid support to people they know personally.

PDCN believes that one the ultimate goals of developing appropriate, fully funded service systems that respond appropriately to need is to release people with disabilities and informal ‘carers’ from the emotional trap of ‘informal care’. The unpaid, unregulated personal assistance provided to people with disabilities by their parents, children, partners, other relatives and/or friends represents a massive subsidy of Government by taxpayers who happen by the accidents of circumstance, birth or personal relationship to know and care for ‘loved ones’. The support that ‘the informal network of care’ provides to people with disabilities hides a mountain of unmet need.

We believe that people with disabilities, their families and friends should be liberated from the emotional trap of providing ‘informal care’. People with disabilities, family members and friends ought to be able to conduct their personal relationships (for good or ill) without the distorting consequences of receiving or providing ‘care’ that is truly the responsibility of Government agencies to make available from tax revenues.

The Home Care Service of New South Wales, funded under the Home And Community Care Program (HACC) and which is the largest single provider of personal assistance and support in the home for people with disabilities.

PDCN endorses the view of the Council of Social Service of New South Wales (NCOSS) that, “there is strong community support for the goals of the HACC Program which aim to provide support services … at home and in the community, thereby maintaining and improving [people’s] independence and preventing inappropriate entry to long-term residential care”12

We agree with NCOSS that “The need for HACC services has always been immense, and this need continues to grow at a far greater rate than the supply of services.”13

PDCN believes that considerable personal and research evidence exists that has established the key concerns of unmet need in relation to HACC funded home-care services. We believe that:

  • Insufficient funds have been allocated over the last decade and more to allow the provision of service to keep pace with legitimate demand and demonstrable unmet need.
  • Waiting lists have been created as a means of rationing access to service.
  • The fact of waiting lists has become a managerial tool used to justify periodic closure of application and assessment processes.
  • HACC funded services are not provided consistently and equitably across New South Wales.
  • Pressure has been created in assessment and periodic review processes to reduce the number of hours of support available to current users and to limit the number of hours available to new users. Budget constraints rather than assessed need for service have become the determining factor of the upper limits on support to be offered.

PDCN welcomes the introduction of a centralised and revised assessment and referral service for HACC funded ‘home care’ provided by the Home Care Service of New South Wales. We believe that the separation of assessment of need from the delivery of service has the potential to bring benefits and improvements for service users. We are certain, however, that all the potential benefits will be lost over time if the new arrangements become yet another mechanism for ‘gate keepers’ to ration supply and regulate demand from service users.

PDCN RECOMMENDATION 16

The budget for the HACC Program should be increased substantially from tax revenues to begin to address the chronic funding gap that has been growing since 1985.

The “Virtual Pool”

The “virtual pool” was established to provide a protected funding source across the state for people with disabilities with high levels of support needs and/or complex requirements. Eligibility for funding from the virtual pool is restricted to people requiring service support for 60 hours or more per month.

The funding available in the virtual pool for service provision is insufficient. There is substantial unmet need.

  • The lack of available funds mean that some people who would be and should be supported to live independently in their own homes are living inappropriately in long stay institutions, including hospitals. Hospital stays represent the highest cost form of supported living funded out of taxpayers’ money. Apart from the personal and human costs borne by the people living in such inappropriate settings the cost to the community as a whole is enormous. Paying for people to live in hospital because there are insufficient funds in the virtual pool wastes tax revenues, ties up much needed hospital resources and denies people with disabilities the fundamental right of living independently.
  • Service users funded from the virtual pool are unwitting competitors in a ‘grab for cash’. Pressures created by inadequate funding result in some users being ‘knocked out’ of service because of the requirements of people with more complex or substantial support needs.

PDCN RECOMMENDATION 17

The NSW Government should invest an additional $1.4 million in the recurrent spending budget available to the Virtual Pool.

The Attendant Care Program

A small (but important) group of people with physical disabilities receives support to live independently through the Attendant Care Program. Priority has been given to younger people who have been inappropriately placed in institutions or individuals in danger of institutionalisation.

PDCN reminds the Standing Committee on Social issues that ADD has already admitted that that there currently exists a backlog of 150 people waiting for support through the program. We agree with current estimates that new funding needs to be committed to meet the unmet need of an additional 100 people.

PDCN RECOMMENDATION 18

The NSW Government should honour its promise in previous budgets that 100 new places would be funded at the rate of 25 per year.

PDCN RECOMMENDATION 19

The Government should accelerate its timetable and introduce new funds now to meet the total estimate of 250 people whose need for support from the Attendant Care Program is currently unmet.

g. Adequate therapy services, particularly for children

The provision and delivery of therapy services to school-aged children are beset by substantial, sometimes overwhelming problems. In summary, PDCN believes these problems to be:

  • long waiting lists
  • lack of consistency of service across the State
  • service gaps, particularly where children are not ‘attached’ to a hospital, an existing service provider or the Department of Community Services (DoCS).

PDCN is additionally concerned that a policy of developing “consultative services” is clearly emerging, which is being increasingly implemented to de-professionalise therapy for children. We are far from convinced that this cascade approach to therapy for children, wherein trained therapists pass on elements of their skills and training to non-therapy professionals in other fields or to parents and family members, is adequate as a long-term strategy. PDCN is not wholly opposed to the introduction of some consultative arrangements. These should be seen as additions to the current arrangement rather than substitutes for adequate support.

We are deeply concerned that ill-conceived stopgap measures and inadequate levels of funding will further undermine the government’s commitment to therapy.

It has been clearly established through public consultations on therapy services (including PDCN consultation meetings) that parents of children with disabilities are deeply concerned about the lack of provision available.

We believe that two worrying trends are developing. They combine, we believe, in ways that undermine the viability of Government funded therapy services and distort our understanding of the nature and extent of the need for therapy services:

Parents with large enough discretionary incomes, or who sacrifice other expenditure in the family budget, are seeking private sector solutions.

In such circumstances, parents are paying twice for services that ought to be provided through the distribution of tax revenue.

  • Parents who do not have large enough discretionary incomes to buy in private services are receiving no support. Their children are being denied therapy services at crucial stages of development. In these circumstances, parents are paying with their taxes for services that their children never receive.

In both of the above circumstances children are losing out. An additional problem flowing from systemic failure today to provide adequate therapy service provision is that people will be denied the opportunity to maximise their independence in adult life. The effects on the individuals concerned will be substantial, adverse and all the more disturbing because they will have been preventable. The effects on New South Wales as a whole will be to unnecessarily inflate budgets in future years, to perpetuate service system distortions and to complicate planning priorities for the years ahead by failing to recognise the human, personal, economic and systemic value to everyone involved of early intervention.

(b) “the adequacy of the Government’s response to unmet need to date”

It should be clear from our comments in the previous section that PDCN believes that the Government’s response to the unmet needs of people with disabilities has been woefully inadequate. We believe that the failures have been evident in both the philosophical approach that underpins Government policy and in the provision of funding, which at current levels is dramatically lower than required.

We believe that Government should show itself through action as well as policy statement to be wholeheartedly committed to promoting the participation of people with disabilities in New South Wales’ society. In the short term we acknowledge that realising such a goal will require the expenditure of re-provisioned and new tax dollars. PDCN is convinced, however, that the longer-term social, economic, cultural and personal benefits to the whole of New South Wales will be enormous. We are certain that social investment made today to support and enhance the independence of people with disabilities will be returned with economic profit and social, cultural and democratic gains for the whole of New South Wales’ society in the future.

With specific reference to the questions posed in the Terms of Reference document Part 3 (b) (i) & (ii), PDCN urges the Standing Committee on Social Issues to accept:

the recommendations for increased funding that we propose in the previous section.

Additionally, PDCN urges the Inquiry to accept:

PDCN RECOMMENDATION 20

The NSW Government should accept the analysis on of the Disability Safeguards Coalition (of which PDCN is a member) that an additional $235.5 million expenditure is required over the next 5 years to meet known unmet needs.

PDCN RECOMMENDATION 21

That the Government should establish an accurate and reliable data set for planning purposes which reflects the reality of the numbers and circumstances of people with disabilities across New South Wales. Speaking at a meeting for peak organisations on service planning models (3/02/00) the Director of Strategic Policy & Planning of the Ageing & Disability Department acknowledged that no credible detailed data set exists for the population of people with disabilities.

In the absence of reliable data, we do not see how Government planning can be based on sound foundations.

(c) “the need and level of provision for respite care”

If the Standing Committee on Social Affairs wishes to do no more than consider the problems with and failures of the current dominant model of providing ‘respite care’, there is little need to read beyond the Community Services Commission’s publication “Respite Care: A System In Crisis”. PDCN believes that two of the most telling findings of that report give clear proof of the inadequacies of current service provision and the dominant service model. The Community Services Commission found that:

  • “of the 363 designated respite beds about 40% were not used for respite but instead were continuously occupied by 149 consumers who had been there, on average, for 3.3 years each (and in one case for 20.5 years);
  • while at least 4,500 people required but could not get a respite service, the high rate of access by some (343 consumers using on average 149 days respite each a year) meant that a further 40% of beds were permanently tied up by this one group;”14

The Commission’s report provides dramatic evidence of unmet need.

PDCN believes, however, that the Standing Committee on Social Issues needs to look beyond the appalling statistical evidence of unmet need presented so well by the Commission. We believe that the scale and nature of the problems revealed by the report are inherent in a deeply flawed model of providing short-term support and accommodation, commonly known as ‘respite care’.

The traditional and still most common model of ‘respite care’ was intended by its proponents and advocates to provide short-term relief, principally to unpaid ‘carers’ (usually family members), from the ‘burdens’ of caring for people with disabilities.

The model has a number of flaws that are exposed by the systemic failures identified in the Community Services Commission report. PDCN believes these failures of the traditional model of ‘respite care’ include:

  • Most commonly, the disabled person is removed from her or his home and family setting in a unique act of relocating one permanent resident to solve the problems of another permanent resident.
  • The need for ‘respite’ is predicated on a deeply flawed status quo. It is assumed that the principal provider of support to people with disabilities will be or is a member of the informal network of care, usually a family member or friend providing unpaid, unregulated support on a permanent or long-term basis.
  • ‘Respite care’ services get used as inappropriate and inadequate substitute providers of long-term support to people with disabilities. The Commission’s study reported that 40% of the designated short stay places were occupied by people who had stayed for more than three years on average.

The perceived “crisis” in the traditional model of providing ‘respite care’ or short-stay support to people with disabilities is more accurately described as a symptom of the much wider, deeper and more complex problems created by the lack of adequate funding for independent living accommodation and support services. PDCN believes that it would be unwise to commit additional taxpayers’ money to more traditional ‘respite care’ services.

PDCN RECOMMENDATION 22

Adequately funded support services should be provided to people with disabilities in their own homes. People with disabilities should not be required to leave home because a parent, child, other family member, partner or friend is exhausted by or cannot cope with caring tasks that ought not to be their responsibility in the first place.

PDCN RECOMMENDATION 23

Money that might be spent on the construction, equipping, maintenance, management, staffing and administration of new or refurbished facilities to provide traditional ‘respite care’ services should be re-provisioned to add to the available range of community-based, person-centred independent living services intended to support and maintain people with disabilities in their own homes.

(d) “the availability and distribution of supported accommodation, respite care and other disability services for people in rural and remote communities, needs of people with disabilities and their families in rural and remote areas, and the need for government to make particular provision for their needs.”

PDCN believes that people living in rural and remote communities experience additional difficulties in having their needs met. We believe that the reality of the inequity and inconsistency of service provision across New South Wales has been well documented and clearly established by evidence over many years.

PDCN believes that the Government should acknowledge what it already knows: that people in rural and remote communities receive even less comprehensive attention to their needs than people in the urban centres of New South Wales. PDCN believes that taxpayers (by which we mean everyone) should receive the same levels of service wherever they live in the state in which their taxes are paid.

We believe that Government should take a proactive and leading role to promote greater equity, rights, access and participation throughout New South Wales so that the State and its people can live in a genuinely richer society. We believe that Government should stick with that commitment made in the Premier’s Social Justice Directions Statement. Like the Government, we believe that social justice is not limited to urban centres. Government’s role and action must be understood and observable in all parts of New South Wales.

(e) “the security of ongoing funding arrangements for the non-government sector”

PDCN understand why the Standing Committee on Social Issues has asked this question. Respectfully, however, we wish to submit that the focus of this part of the Inquiry’s Terms of Reference misses the point.

The key question as far as PDCN is concerned must be how secure, or otherwise, are people with disabilities in the belief that they can act as independent citizens?

We believe that people with disabilities are neither as secure in their roles as citizens in their own right nor as secure in those roles as people who are not disabled by a society that discriminates against people with disabilities.

One of the goals of Government policy should be to create the circumstances in which people with disabilities have no greater insecurities than do others. Government must accept that it has a role to play in supporting people with disabilities to establish secure rights to service provision within an anti-discriminatory framework. In such circumstances it becomes necessary that Government ensures that any and all providers of services – government and non-government, specialist and generic – are adequately funded, well enough organised and capable of delivering sufficiently high standards to support people with disabilities with in a secure, reliable, ongoing, person-centred manner.

In short, therefore, the Government should be concerned with the security of people rather than organisations per se. Government and non-Government sector providers should be supported and funded by taxpayers’ money only in circumstances in which either can show demonstrable proof that their philosophies, principles, policies, services and actions are wholly committed to promoting the greater security of people with disabilities as independent, participative citizens with equal rights.

(f) “the desirability or otherwise of a continuing role for Government in the direct provision of services for people with a disability.”

It is both necessary and desirable that Government has a continuing role in direct provision of services. In a civilised society, one that is prepared to meet the challenges and priorities at the start of the 21st Century, this question ought to be beyond dispute. Anyone that suggests governments in the modern world have no role in direct service provision is a fool, incapable of learning anything from the failures of previous attempts by various governments around the globe to retreat from engagement with the needs of disadvantaged people.

(g) “the adequacy of administrative arrangements between the Ageing & Disability Department and the Department of Community Services inrelation to the disability services provided by the Department of community Services.”

It is not easy for a small, non-government agency such as PDCN to comment in detail on the relationships and arrangements between two Government departments. They ought to share a common commitment to enhance the position of people with disabilities but they appear, at times, to be working to entirely different agenda. We had understood from the Disability Policy Framework quoted earlier that there was supposed to be a “whole of government” approach to meeting the needs of people with disabilities. Perhaps Ministers ought to be reminded of this approach.

We can comment, however, on what we believe the relationships and administrative arrangements ought to be. PDCN believes:

  • People with disabilities and their representative organisations ought to be consulted about and involved in the preparation of any agreements between purchasing departments and providing departments when services for people with disabilities are discussed.
  • There should be transparency about all agreements between public bodies that concern themselves with the provision of human services.
  • Agreements should be readily available for public scrutiny.

PDCN further believes that the Standing Committee on Social Issues should be concerned about the actions of and agreements between all Government departments. People with disabilities are too often pigeonholed as being interested in, or of interest to, only certain areas of government responsibility, usually associated with social welfare. We know, however, that people with disabilities are whole people, nominally invested with the full rights of citizenship. And as citizens we are as likely to be interested in the behaviour of the Department of Fair Trading or the Roads and Traffic Authority as in the work of DoCS or ADD.

(h) “the status of the implementation of the Disability Services Act (1993) in respect to:

I. the provision of funding to assist services to reach conformity to legislative requirements, and

II. the implementation of the provisions dealing with individualised funding arrangements.”

PDCN draws the attention of members of the Standing Committee on Social Issues to the review of the Disability Services Act conducted by the Law Reform Commission of New South Wales. We believe that the Government should adopt the Commission’s recommendations in full.

PDCN strongly believes that laws, regulations, guidelines and other quality or standards indicators and measures are only as effective as the monitoring systems put in place to assess, analyse and evaluate performance. No proper or effective policing system with powers exists to ensure that service providers and services comply with their obligations. This weakness, which would not be tolerated in areas such as financial management or occupational health and safety, fatally undermines the intention of Parliament when it passed the Disability Services Act.

PDCN believes that no more than token attention has been paid to the development of individualised funding. We believe that no meaningful attempt has been made by Government to promote the principle and use of individualised funding in the form of ‘direct payments’ to people with disabilities.

Payment of a ‘ring-fenced’ grant in the name of a specified individual to a service-providing agency is not ‘individualised funding’. The key to success of individualised funding lies in an accountable system of ‘direct payments’ to specified individuals who then control the use of those funds to purchase services needed by them.

Unless and until a system of direct payments replaces the current arrangements of allocating funds to organisations in the name of individuals PDCN cannot see that any progress has been made towards individualised funding that empowers real individuals.

6. Conclusion

PDCN has submitted this lengthy, detailed and comprehensive response to Part 3 of the Terms of Reference of the Inquiry by the Standing Committee on Social Issues because few things are more important to us than finding solutions to the problems of unmet need. People with disabilities want to look forward with hope and excitement as we commence this new Century and prepare to celebrate 100 hundred years of Australian history as a unified nation.

There are, however, too many people with disabilities struggling to overcome the problems created by unmet need. Many people with disabilities feel that we are treated as no better than second class citizens, despite the apparently fine words of the anti-discrimination laws of our land. PDCN believes that Australia as a whole and New South Wales in particular still have far to travel to create the circumstances in which people with disabilities are valued, respected, supported and encouraged in their roles as full citizens of a fully inclusive society.

We welcome the opportunity to put our views to Parliament through the Standing Committee on Social Issues. We believe that the Committee’s Inquiry presents an opportunity to redefine the nature of the relationships between people with disabilities, service systems and society as a whole. We hope that the findings of the Committee will move forward and extend the rights and opportunities of all people with disabilities and, in so doing, strengthen, develop and improve the circumstances of everyone.

Dougie Herd
Executive Officer
Physical Disability Council of New South Wales Inc.
8 February 2000

 

7. Summary of PDCN Recommendations

PDCN RECOMMENDATION 1:

The NSW Government should accept that people with disabilities generally live on below average incomes and that there are extra costs of living with a disability created by systemic barriers and discrimination. All Government programs should, therefore, take account of the economic disadvantages experienced by people with disabilities. Eligibility criteria, means tests and charging policies should be revised to be