PDCN Bulletin #23 • August 1, 2003

latest news and views from PDCN

Bulletin Index

Our Publications

CONTENTS

1. Review of Personal Assistance & Support Services
2. NSW Ministerial Inquiry into Passenger Transport
3. IPART & Wheelchair Accessible Taxi Services
4. Changes to the NSW Mobility Parking Scheme
5. Australian Network for Universal Housing Design
6. Review of State Environmental Planning Policy 5
7. PDCN Survey of Local Councils
8. TAFE and Students with Disability
9. Review of the Disability Discrimination Act
10. Young People with Disability Out of Residential Aged Care
11. Join the PDCN Forum

Welcome to Issue No: 23 of THE PDCN BULLETIN, our topical issues resource and information source for opinion formers, decision-makers and others interested in disability sector topics. The bulletin is produced by the Physical Disability Council of New South Wales (PDCN). We are the peak body representing people with physical disability across the State.

Our aim is to provide readers with accurate, up-to-date and timely information, comment and analysis of disability sector issues from the perspective of people with physical disability in NSW, including children with disability and their representatives.

Everyone at PDCN - committee members, staff and volunteers - has been 'flat chat' since our last bulletin. To give you some idea of the breadth and depth of the work of PDCN over the past few months, here's an update on some of our priority areas of work. If you want to know more about any piece of work contact our Executive Officer at eo@pdcnsw.org.au or by phone 02 9552 1606.

1. Review of Personal Assistance & Support Services

Readers of the PDCN BULLETIN may recall that the NSW Minister for Disability Services, The Hon Carmel Tebbutt MLC, announced the establishment of a working party to "advise on the State-wide review of support services to people with physical disability". The announcement was made in Parliament at the Pre-Election Forum held by the NSW Disability Action Alliance on 13th November last year.

The Minister's announcement was a direct response to the call for service reform initiated by PDCN in our discussion paper Living On Our Own Terms (click on the link to view the discussion paper on our web site). Since its publication, PDCN has taken a leading role in co-ordinating the disability sector's efforts to establish a review.

The working party, Chaired by Marcia Dwonzyck, Deputy Director General Policy of DADHC, has been meeting regularly and frequently since December last year. We have been considering a broad range of questions connected to reform of the services available to support people with need of significant levels of personal assistance. Our aim is to create a new model of support in NSW that meets people's needs and makes it possible for people to live with dignity as autonomous participants in the community.

It's our aim to secure:

• A single service spectrum that offers flexibility, choice and control to service users;
• Needs-based eligibility criteria;
• Person-centred, individualised assessment;
• A range of service options based on the right model for each individual;
• Consistency of quality and portability across the State.

After seven months of discussion, the working party has almost completed its initial work. We will present a report, with recommendations for change, to a meeting with the Minister for Disability Services and the Director General of DADHC in just under three weeks. We hope to persuade the Minister to take on all of the recommendations of the working party. WATCH THIS SPACE FOR NEWS.

NEW ATTENDANT CARE PROGRAMME PLACES CONFIRMED

We were pleased to note that the 100 additional places on the Attendant Care Programme (ACP) announced by the Premier at the Spinal Forum in January were confirmed in the State Budget papers in June. We have been assured by DADHC that all 100 new places will be allocated to people with disability with significant support needs within the timeframe announced: 12 months. PDCN will keep a close watch on progress towards allocating these much needed funding packages. We expect the Department to meet its commitment and have each package allocated by the end of June 2004 at the very latest.

[Return to contents]

2. NSW Ministerial Inquiry into Passenger Transport

Following the State Election, the Minister for Transport Services, The Hon Michael Costa MLC, launched an inquiry into passenger transport in NSW. As anyone who reads THE PDCN BULLETIN would know, access to public transport is a key issue for people with physical disability.

PDCN has submitted its views to the Ministerial Inquiry. You can read what we have proposed to the Government in the submission we've posted to our web site. It's available at:

• www.pdcnsw.org.au/docs/03/mippt.html

We make 25 recommendations in our 46-page submission. They include:

• Annual public review of and bi-annual progress reports to stakeholder groups about the Ministry of Transport's plan for accessible transport.
• Re-establishment of accessible transport consultation committees abolished two years ago.
• All new wheelchair accessible buses to be allocated to timetabled services.
• NSW Government agencies should use their service sub-contracting powers to require any and all non-government transport providers (private sector and not for profit) to use only wheelchair accessible buses.
• Greater involvement of people with physical disability in State-wide, Regional and local planning of transport services.
• Action related to wheelchair accessible taxi services (see report below on IPART).
• Increase in the level of subsidy and maximum fare available through the Taxi Transport Subsidy Scheme (TTSS).
• A Ministerial Inquiry into NEXUS taxi licences.
• Acceleration of the Easy Access station improvement programme.

Our President, David Brice and Executive Officer will be meeting on Monday, 4th August with staff members of the Ministry of Transport to discuss our submission and other aspects of the review.

[Return to contents]

3. IPART & Wheelchair Accessible Taxi Services

The Independent Pricing And Regulatory Tribunal of NSW (IPART) is an independent body that oversees regulation in the water, gas, electricity and public transport industries in NSW. It makes recommendations to Ministers on questions such as fare levels and structures for public and passenger transport. IPART launched its review of fares for private transport services with the publication of an Issues Paper in April.

PDCN submitted a response to the IPART paper, concentrating on fares and incentives associated with wheelchair accessible transport services. Our Executive Officer gave evidence to the IPART Hearing on 6th June. (You can read the transcript of the IPART Hearing at ipt060606_forum.pdf)

You can read the full PDCN submission to IPART on our web site. It's located at:

• www.pdcnsw.org.au/docs/03/ipart.html

We make 7 key recommendations to the Tribunal. They are:

• IPART should do all that it can to expedite the introduction by Transport NSW of a Smart Card for the TTSS.
• IPART should reject proposals to introduce a pick-up fee for wheelchair passengers using WATs.
• We seek the introduction of a $6 performance incentive fee to be paid to drivers and radio operators if the wheelchair user is picked up within 20 minutes of the booked time.
• To offset some (perhaps all) of the additional costs of introducing a performance incentive, we propose that the annual charge for a wheelchair accessible taxi plate be increased to between $2,000 and $3,000.
• The level of TTSS subsidy should be increased from 50% of the metered fare to 75%.
• The upper limit of subsidised fare should be increased from $30 to $40.
• New performance standards for WAT services should be introduced by 1st January 2004.

IPART has not yet announced its recommendations.

[Return to contents]

4. Changes to the NSW Mobility Parking Scheme (MPS)

In late January, PDCN was invited to participate in a media conference with the Minster for Transport (at the time) The Hon Carl Scully MLA, about changes he proposed to introduce to the State's Mobility Parking Scheme. At the media conference the Minister explained that the proposals were inspired, in part, by the PDCN Discussion Paper on parking (which can be viewed on our web site).

The core components of the changes are these:

• A new style MPS permit will be introduced. It will be similar to driver licence cards, with security features such as holograms and a photograph of the permit holder. This will discourage other people illegally using the permit.
• All existing MPS permits (there are 160,000 in NSW) will be re-called by the RTA and new style permits issued to genuine applicants.
• A medical certificate will be required for all applicants. This will replace the current arrangement under which medical certificates are required only when an applicant does not apply in person at an RTA Motor Registry, or, where applying in person, the disability is not obvious to Registry staff.
• Two new offences with on-the-spot fines of several hundred dollars for abuse of the MPS will be introduced.
• The RTA will prepare enforcement guidance for local councils to help pinpoint ways in which abuse may occur and identify bogus permits.

  PDCN has met with officials of the RTA several times over the last few months to discuss aspects of the scheme. We will participate in another meeting on 7th August to learn more about the introduction of the new arrangements, which are due to commence on 1st September 2003.

[Return to contents]

5. Australian Network for Universal Housing Design

PDCN is the NSW State participant in this newly created, national network that campaigns for the introduction of State and national regulation of housing design. Our aim is to make all new private dwellings accessible to all, based on agreed definitions of terms such as visitable, adaptable and accessible.

PDCN was represented by our Executive Committee member Glenn Redmayne and our Executive Officer at the inaugural meeting of the Network in Sydney in April. Following that meeting, our Executive Officer was co-presenter of the Network's position paper to a national seminar hosted jointly by the Human Rights and Equal Opportunity Commission (HREOC) and the Australian Building Codes Board (ABCB).

PDCN was a member of the small group from the Network that met with the Executive Director of the ABCB in June to discuss how we can move towards national regulation of housing design to an agreed standard of accessibility. We are hopeful that progress can be made in this area soon.

The Network, which is auspiced by People With Disability Australia Inc., meets in a national teleconference each month. Our next face-to-face gathering will take place in November in Adelaide at the time of the national housing conference at which we will present a position paper on universal housing design and construction.

[Return to contents]

6. Review of State Environmental Planning Policy 5 (SEPP5)

SEPP5 is the sometimes controversial State policy that guides the development of housing for older people and people with disability. The Minister for Infrastructure, Planning and Natural Resources, The Hon Craig Knowles MLA, announced a review of SEPP 5 following the State Election.

PDCN has been consulted (as one of the Review's Terms of Reference key stakeholder groups) by each of three teams of consultants who are working on the review. Our Vice-President, Mark Relf, and Executive Officer attended a day-long stakeholder seminar hosted by the Department in June.

We have argued that questions of housing design for greater accessibility need to be separated from the hotly contested debate about housing density that is often linked to SEPP5. It was gratifying to note that all the participants in the seminar, from all backgrounds and interests, agreed that accessibility must be a key component of new regulations.

We believe that there does need to be some kind of State planning policy to govern how developers and Councils meet the housing needs of people with disability. We argue that meeting those needs requires a universal approach.

Based on the research and seminar, NSW Government planning officials will make a set of recommendations to Minister Knowles about SEPP 5. As soon as we hear what the Minister decides we'll let you know.

[Return to contents]

7. PDCN Survey of Local Councils

PDCN has started a survey of all the State's Local Councils to establish a picture of local planning on accessibility in the LOCAL ENVIRONMENT PLAN and the DEVELOPMENT CONTROL PLAN arrangements of each Council. So far we've received responses from more than 120 of the State's 171 Councils

[Return to contents]

8. TAFE and Students with Disability

On 30th July, PDCN President, David Brice, wrote to the NSW Minister for Education, The Hon Dr Andrew Refshauge MLA, requesting a meeting to discuss aspects of post-school education policy in NSW. In our letter we raise these concerns:

• We are concerned that educational opportunity for students with disability, as an equity group, has been lost in the re-structure of the Department.
• We are against the decision to abolish fee exempt courses.
• We do not favour limiting students to one personal fee exemption.
• We oppose the dramatic increase in course fees (between 15% and 132% depending on the course).
• We do not want to see a HECS style system develop in TAFE.
• We are concerned for the future of OTEN, the Open Training & Education Network, within TAFE.

WATCH THIS SPACE FOR NEWS OF THE MINISTER'S RESPONSE

[Return to contents]

9. Review of the Disability Discrimination Act

The Productivity Commission is conducting an inquiry into the Disability Discrimination Act, which became ten years old in March. The purpose of the inquiry is to

"examine the social impacts of the legislation on people with disabilities and on the community as a whole. Among other things, the Commission is required to assess the costs and benefits of the DDA and its effectiveness in achieving its objectives, which in summary are to:

• eliminate as far as possible discrimination on the grounds of disability
• ensure equality of people with disabilities before the law
• promote recognition and acceptance of the rights of people with disabilities."

An Issues Paper is available on the Productivity Commission web site.

PDCN submitted a response to the Commission's Issues Paper and our Executive Officer gave evidence at a Hearing in Sydney on the 15th July. You can read our submission on our web site at:

• www.pdcnsw.org.au/docs/03/dcpc.html

In our submission to the Commission we call for:

• Discussion of a new definition of disability discrimination.
• An end to DDA exempted legislation in areas such as immigration, insurance, superannuation and charities.
• Introduction into the DDA of the concept known as institutional discrimination.
• An end to temporary exemptions from the DDA.
• Clearer definition and separation of disability discrimination, reasonable adjustment and unjustifiable hardship as concepts used in the DDA.
• Introduction of a statutory duty to make reasonable adjustments.
• Removal of unjustifiable hardship from DDA Standards (but not from the Act).
• Mandatory Disability Action Plans
• HREOC to be empowered to initiate complaints.
• And more … read the submission and tell us what you think.

[Return to contents]

10. Young People with Disability Out of Residential Aged Care

PDCN is a member of the NSW disability sector alliance campaigning for adequate support services for people with disability so that no young person with disability will be required, in future, to live in a residential aged care facility. Our alliance's members have no argument with or comment to make about residential aged care services per se. We believe, straightforwardly, that people with disability under the age of sixty-five should not be required to live in aged care facilities because of lack of appropriate support in the community.

You can read the views of the NSW disability sector in the discussion paper on the subject. It's available on the PDCN web site at:

• www.pdcnsw.org.au/campaigns/pa/youth.html

PDCN Executive Officer, Dougie Herd, will present the case set out in the discussion paper to 250 members of the Residential Care Conference of the Aged & Community Services Association of NSW & ACT on Friday, 1st August in Brighton-Le-Sands.

[Return to contents]

11. Join the PDCN Forum

The PDCN Forum is an email list where people and ideas come together around issues of concern and interest to people with physical disability across NSW. The PDCN Forum is about people with physical disability in NSW and how we can contribute to re-shaping the society in which we live, making it more accessible, more inclusive and better equipped to ensure that the rights of people with physical disability are met.

http://www.pdcnsw.org.au/forum.html

We're not trying to re-invent the wheel here. PDCA and OzAdvocacy provide forums for national discussions, which we are part of. Our Forum focuses on NSW.

The PDCN Forum is for people with physical disability and others interested in the issues that concern the Physical Disability Council of NSW. We hope people will share ideas, debate issues and formulate new strategic directions for disability policy about and in New South Wales. The list is managed by Dougie Herd, PDCN Executive Officer and administered by our Project Officer, Craig Andrews.

[Return to contents]

12. About thePDCN Bulletin

TThe PDCN BULLETIN is compiled by Dougie Herd (PDCN Executive Officer). The views expressed in the BULLETIN are not necessarily those of PDCN. If you wish to comment on the BULLETIN or submit a short article for inclusion please contact:

Dougie Herd
PDCN Executive Officer
St Helen's Community Centre
3/184 Glebe Point Road
Glebe NSW 2037

Email: pdcnsw@pdcnsw.org.au
Tel: (02) 9552 1606
Freecall: 1800 688 831
Fax: (02) 9552 4644

[Return to contents]

Privacy

PDCN respects the right to privacy of all people receiving information by electronic or other means. PDCN distributes electronic mail to list members in such a way that no address or contact details are obtainable by others. PDCN does not release any information about individuals without permission.

Previous bulletins can be downloaded from the PDCN Web site

• www.pdcnsw.org.au/bulletin

PDCN welcomes comments and feedback about the bulletin. And please forward it to anyone who would find it useful. If you would prefer not to receive our bulletin please let us know and your address will be removed from list.

Tel: (02) 9552 1606; 1 800 688 831
Fax: (02) 9552 4644

PDC NSW Inc is funded by the NSW Government's Ageing and Disability Department. Views expressed by PDC NSW Inc are not necessarily endorsed by the NSW Government.

©PDCN, Physical Disability Council of NSW • 184 Glebe Point Road, GLEBE NSW 2037 Australia
Phone (02) 9552 1606 • Fax (02) 9552 4644 • TollFree 1800 688 831 (within NSW) • TTY (02) 8223 7579
URL www.pdcnsw.org.au • Email pdcnsw@pdcnsw.org.au