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It is important to be aware that there are laws, standards, values and principles that govern the way services and supports are provided for and to you. Listed below are references to some of the laws and standards.
In Australia and the ACT there is legislation and standards that set out to afford and protect people's basic rights.
The United Nations Declaration of the Rights of Disabled Persons (1975) provides that all individuals with a disability have a right to:
- respect and dignity
- education, training and work
- family and social life
- protection from discriminatory treatment, and
- assistance to enable them to become as self-reliant as possible
The Disability Discrimination Act 1992 (Australia) aims:
a) to eliminate as far as possible, discrimination against a person on the grounds of a disability in the areas of:
i. work, accommodation, education, access to premises, clubs and sport
ii. the provision of goods, facilities, and services
iii. existing laws
iv. the administration of Commonwealth laws and programs
b) to ensure, as far as practicable, that a person with a disability has the same rights to equality before the law as the rest of the community
c) to promote recognition and acceptance within the community of the principle that a person with a disability has the same fundamental rights as the rest of the community.
The Disability Standards for Education 2005 (Australia) set out how education and training are to be made accessible to students with a disability in the following areas:
- enrolment
- participation
- curriculum development, accreditation and delivery
- student support services
- elimination of harassment and victimisation.
For more information see www.ddaedustandards.info/
The Disability Services Standards are rules that tell Disability Employment Services how to make sure they provide people with a disability good quality service. In summary, the 12 Disability Services Standards are as follows:
- Service access: A fair go for everyone
- Individual needs: Getting help that is right for you
- Decision making and choice: Having your say
- Privacy, dignity and confidentiality: Respecting your privacy
- Participation and integration: Taking part in the community
- Valued status: Doing things the community thinks are important
- Complaints and disputes: Getting something done about a complaint
- Service management: Running the service well
- Employment conditions: Your right to fair wages and conditions
- Service recipient training and support: Learning the right skills for your job
- Staff recruitment, employment and training: Having staff who know the best way to help you
- Protection of human rights and freedom from abuse: Being safe and respected
Reasonable Adjustment versus Unjustifiable Hardship
Service providers and employers are required by law to make reasonable adjustments that are appropriate to lessen the impact of the disability but do not go so far as to impose unjustifiable hardships on the provider.
Advocacy and support
In the ACT there are services, which provide helpful, impartial, fair and professional advice on your rights. If you feel that you have been discriminated against because of your disability, discuss this with your service provider and/or contact one of the services listed below.
Disability Discrimination Legal Service
Disability Discrimination Legal Service (DDLS) is a service of the Welfare Rights and Legal Centre. It provides advice and assistance to people who have experienced discrimination on the basis of disability.
If you think you have received unfair treatment because of your disability, or because you are the associate of a person with a disability, the Disability Discrimination Legal Service will provide you with advice and may be able to help you to obtain a remedy under the Disability Discrimination Act 1992. The Disability Discrimination Legal Service can only help you if the discrimination has happened under circumstances recognised by the Disability Discrimination Act.
You can phone the service to discuss your case with their solicitors on:
- Tuesday between 9.30 am - 1.00 pm or
- Thursday between 2.30 pm and 4.30 pm
Havelock House, Gould Street, TURNER ACT 2612
PO Box 337, CIVIC SQUARE ACT 2608
Phone: 6247 2018
Fax: 6257 4801
TTY: 6247 2018
Email:
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www.welfarerightsact.org/
ACT Human Rights Commission
The Commission brings together the existing functions of the ACT Human Rights Office and the Community and Health Services Complaints Commissioner into a new agency for promoting rights and resolving complaints.
The Commission is an independent agency established to provide a fair and accessible process for dealing with complaints about:
- Discrimination
- Health services
- Disability services
- Services for older people
- Community services
- Services for children and young people
Linda Crebbin
Disability & Community Services Commissioner
Children & Young People Commissioner
Level 4, 12 Moore Street, CANBERRA ACT 2600
GPO Box 158, CANBERRA ACT 2601
Phone: 6205 2222
Fax: 6207 1034
TTY: 6205 1666
Email:
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www.hrc.act.gov.au
Complaints Resolution and Referral Service
The Complaints Resolution and Referral Service (CRRS) is an independent complaints resolution service for people using Australian Government-funded disability employment and advocacy services including:
- Disability Employment Network (DEN) services (formerly open employment services) including CRS Australia
- Business Services (supported employment services)
- Advocacy services
You can make complaints to the CRRS about:
- any problem you have with your disability employment or advocacy service, such as not getting a service or being unfairly exited
- issues related to the Disability Services Standards
- issues related to occupational health and safety or wages
Locked Bag 2705, STRAWBERRY HILLS NSW 2012
Phone: 1800 880 052 (free call)
Fax: 02 9318 1372
TTY 1800 301 130 (free call)
National Relay Service: 1800 555 677
Translating & Interpreting Service: 13 14 50
Email:
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www.crrs.org.au/
National Disability Abuse and Neglect Hotline
The National Disability Abuse and Neglect Hotline is a free service that takes reports of abuse and neglect of people with a disability and, in conjunction with callers, finds appropriate ways to have reports addressed.
Locked Bag 2705, STRAWBERRY HILLS NSW 2012
Phone: 1800 880 052 (free call)
Fax: 02 9318 1372
TTY 1800 301 130 (free call)
National Relay Service: 1800 555 677
Translating & Interpreting Service: 13 14 50
Email:
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www.disabilityhotline.org/
When attending important meetings the assistance of an advocate can be valuable. Apart from formal advocacy, the assistance of a friend, family member or neighbour that you can trust can provide the support you need.
If you require advocacy assistance there are two formal advocacy agencies in the ACT. The ACT Disability, Aged and Carer Advocacy Service (ADACAS) and Advocacy for Inclusion.
ACT Disability, Aged and Carer Advocacy Service (ADACAS)
ADACAS promotes, protects and defends the rights of people with disabilities, older people and their carers.
Canberra Technology Park, Suite 207, Block C, Phillip Avenue, Watson ACT 2602
PO Box 144, Dickson ACT 2602
Phone: 6242 5060
Fax: 6242 5063
TTY: 6242 5065
Email:
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www.adacas.org.au/
Advocacy for Inclusion
Advocacy for Inclusion provides individual and systemic advocacy to improve life for people who have a disability.
Pearce Community Centre, Room 17 and 18, Building 3, Collett Place, Pearce ACT 2607
PO Box 3653, Weston Creek ACT 2611
Phone: 6286 9422
Fax: 6286 9424
Email:
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www.advocacyforinclusion.org/
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