Hi all
THIS IS URGENT - PLEASE READ IT NOW AND ACT NOW!!!
First the Human Rights Bills
The disability community is about to make a futher concerted effort to
convince the Senate to reject the Human Rights Amendment Bill 1 and 2.
You will recall that these Bills will move discrimination cases to the
Federal Court at huge risk to complainants (if you lose, you could be
required to pay the other side's costs - maybe $100,000 or more). Bill
number 2 will officially change the name of HREOC, abolish our Disability
Discrimination Commissioner (well, the position anyway!!) and require HREOC
to seek the approval of the Attorney General before appearing in
discrimination cases in the Federal Court.
The disability community believes that the present system works well
enough, Brandy notwithstanding, and that moving discrimination cases into
the Federal Court will effectively destroy the DDA as no-one will be
prepared to risk their house or other assets for the chance of winning
access to a picture theatre or to the local bus service, for example.
To convince the Labor Party, the Democrats, the Greens and Senator
Harridine we need examples of people's experiences under the current system
and an opinion about whether you would have complained if the Federal Court
were where the case would have been heard.
Please send your examples or opinions to Paul Cain, NCID by email to
[EMAIL PROTECTED]
Secondly, the Prescribed Legislation
Regular readers of Ozadvocacy will be aware that several pieces of
legislation are proposed to be "Prescibed" under the DDA, meaning that
anything done under that legislation will be okay by the DDA.
The Federal Attorney-General has listed several NSW laws or regulations:
o Mental Health Act 1990: regulates the treatment of people with
mental illness in NSW. Defines mental illness and sets out when and how a
person can be made an involuntary patient, the rights of patients and ways
decisions can be reviewed.
o Mental Health Regulations 1990
o (This has now been withdrawn - power of the blind lobby??? if so
good on them!!) Regulation 18 Food (General) Regulations 1995: this
regulation prohibits animals or birds from being taken into 'any premises
that are used for the purpose of handling food' or 'any part of a vehicle
that is used for the purpose of storing or conveying food'. 'Premises' are
defined as 'any land... Any part of a building and any tent, stall or other
structure'. 'Handling' is defined as meaning 'preparting, preserving,
packing, storing, decorating, serving, conveying or delivering food'.
o Regulation 10(1)(c) and 11 Motor Traffic Regulation:: Regulation
10(1)(c) states that a licence will not be granted or renewed to any person
who is 'not competent and medically fit to drive a motor vehicle with
safety to the public'. Regulation 11 permits the licensing authority to
require 'medical, driving or other examinations or tests' or to provide
information.
The Federal Attorney-General has also listed several South Australian laws
or regulations:
o Sections 20 and 20A of the Firearms Act 1977: these provisions
allow the registrar to cancel, vary or suspend a firearms licence held by a
person with a 'physical or mental illness, disability or deficiency' where
that condition is thought to make it likely that it is unsafe for that
person to have a firearms licence.
o Sections 88 and 148 of the Motor Vehicles Act 1959: these
provisions require medical practitioners to advise the Registrar of any
patient who may have a condition that impairs their ability to drive, and
empowers the Commissioner of Police or Registrar to suspend the licence of
a person who 'is suffering from any disease (mental or physical) or any
disability' where that condition 'may at any time impair the person's
ability to drive'. The person has a right to appeal against the suspension.
o Sections 75 and 75A of the Education Act 1972: these provisions
require compulsory enrolment of all children in primary or secondary school
and permits the Director General to direct that a child with 'disabilities
or learning difficulties' be enrolled in a 'special school' rather than
their local school where it is considered by the Director General to be in
that child's 'best interests'.
o Regulation 11 of the Industrial and Employee Relations (General)
Regulations 1994: deals with industrial awards for people with disabilities.
o Section 30A and Schedule 3 of the Workers Rehabilitation and
Compensation Act 1986: section 30A sets out specific limits on whether or
not workers compensation can be paid for 'illness or disorder of the mind'.
Schedule 3 lists the percentage amount payable as lump sum compensation
according to type of disability.
The legislation to prescribe these pieces of legislation has now been
tabled in the Senate. We have 15 sitting days (from last Friday) to
convince the Senate to oppose this move.
We need you to help us.
Please think about how you might be affected by these pieces of legislation
being prescribed. Send us what you think. Email Paul Cain at NCID
[EMAIL PROTECTED]
THIS IS URGENT PLEASE DO IT NOW!!!!
And then take it easy!!
Regards
John
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