Policy Submission: Draft Health and Community Services Charter of Rights

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JFA Purple Orange this submission to the Health and Community Services Complaints Commissioner on the Draft Health and Community Services Charter of Rights.

We believe that the establishment of the HCSCC Charter is timely in the current environment. There is increasing demand for services due to changes in Australia’s population and demography. Further, there is national commitment to “ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities” through the ratification of the UN Convention on the Rights of Persons with Disabilities by Australia in July 2008.

Recommendations

Recommendation 1

The Julia Farr Association recommends that the term ‘reasonable’ and statement ‘within the resources available to the service provider’ be removed from the ‘Access’ right description, to reinforce to people and service providers that the focus of this right should be upheld according to the UN Convention on the Rights of Person with Disabilities and equivalent conventions, and not according to the capacity of the service provider.

Recommendation 2

The Julia Farr Association recommends that the ‘Safety’ right description include examples of ‘discrimination’ and ‘harassment’, to increase the awareness of people and service providers about what might constitute ‘discrimination’ and ‘harassment’.

Recommendation 3

The Julia Farr Association recommends that specific reference to services complying with the UN Convention on the Rights of Persons with Disabilities and the UN Universal Declaration of Human Rights be included in the ‘Quality’ right description, to reinforce to people and service providers that people’s fundamental rights should underpin how supports are provided.

Recommendation 4

We suggest the following rewording of the ‘Quality’ right description:

"You have a right to have services provided with care and skill. Services should promote your quality of life (in line with articles of the UN Convention on the Rights of Persons with Disabilities, the UN Universal Declaration of Human Rights, and other relevant conventions), and with careful regard for safeguards where these are needed to help ensure you are successfully supported in a way that is responsive to your life choices, and upholding of an ordinary valued life. Services received should comply with legal, professional, ethical and other relevant standards."

Recommendation 5

The Julia Farr Association recommends that the term ‘reasonably practical’ be removed from the ‘Information’ right description, to reinforce to people and service providers that the focus of this right is on the individual and not the capacity of the service provider.

Recommendation 6

The Julia Farr Association recommends that the term ‘right to be involved’ be replaced with the term ‘right to participate effectively’ in the ‘Participation’ right description, to reinforce to people and service providers that people need to actively participate, and have choice and control, about the supports they receive.