History of Disability in South Australia

For a large part of the 20th century people with a disability were shut away and ignored by government. During the 1970’s attitudes towards people with disabilities began to change. As a result, the State and Federal governments passed important anti-discrimination and equal opportunity legislation during the 1980’s and 1990’s. This legislation has produced positive changes and real improvements in the quality of life for people with disabilities.

Equal Opportunity Act

In 1978 the South Australian Government established the Bright Committee. It made recommendations on ways on how to improve the lot of people with a disability using the law and through policy. In 1984 the South Australian government introduced the Equal Opportunity Act to promote equality of opportunity and prevent discrimination based on sex, sexuality, marital status, pregnancy, race, physical or intellectual impairment or age. The Act aimed to: Promote equality of opportunity between the citizens of this State.[and] to facilitate the participation of citizens in the economic and social life of the community. Equal Opportunity Act 1984 (SA) s6 (3) The Equal Opportunity Act despite its importance only provided some protection of rights and opportunities to people with disabilities.

South Australian Disability Services Act

In the 1980’s de-institutionalisation had begun and the government had the responsibility to provide support services for people with a disability. In 1981 the State Government commissioned a report ‘A New Pattern of Services for Intellectually Handicapped People in South Australia’ focussing on the relationship between institutional and community based services and their service delivery. However, there were no reforms in disability services until the 1990’s. There was a major review on disability services called the ‘Disability Directions Project’ in 1992 and the ‘Disability Implementation Committee’ was formed in 1993 to report on how to implement change. The South Australian parliament passed the South Australian Disability Services Act in 1993 to provide for the funding and provision of disability services. South Australia had agreed, along with the other Australian states and territories to enact legislation that was complementary to the Commonwealth’s Disability Services Act. The Minister of Health, Family and Community Services in a speech on the second reading of the South Australian Disability Services Act stated: We are witnessing a constructive time of social reform, where Governments at all levels, together with non-government service providers, are working closely to provide a better quality of life for all people.It [the bill] thereby serves to endorse and protect the right of people with disabilities to dignity, autonomy and self-determination.

Commonwealth Disability Services Act

In the early 1980s the Commonwealth Government began a review of services for people with disabilities. The ‘Review of Handicapped Programs’ took the unusual step of involving people with disabilities and their families in the consultation process. The findings of the Review came out in 1985 in a document called ‘New Directions’. People with disabilities, their families and carers were critical of the existing services namely, institutional living arrangements, sheltered workshops and activity therapy centres. They wanted access to mainstream services, to be part of and to participate in the community, have access to paid employment and a choice in the services they used. The Disability Services Act passed by the Commonwealth Government in 1986 was a result of the findings of the Review. The Act covered the provision of services for people with a disability, set standards for their delivery and provided for action against services that did not meet those standards. The Act led the way for the inclusion of people with disabilities more widely into the community.

Disability Discrimination Act

During the 1980’s policy changes by the Commonwealth Government focussed mainly on service delivery and income support. By the beginning of the 1990’s the Government turned its attention toward formulating legislation that would eliminate discrimination against people with a disability. In 1992 the Disability Discrimination Act (DDA) was passed by the Commonwealth Government. It was an extension of the Human Rights and Equal Opportunities Act of 1986 and represented a step forward in the development of policies to support people with disabilities in Australia. The Act aimed to eliminate discrimination, ensure equality before the law and promote recognition and acceptance within the community of the fundamental rights of people with a disability.

The Disability Discrimination Commissioner is responsible for handling complaints under the Disability Discrimination Act. The Commissioner is a member of the Human Rights and Equal Opportunity Commission (HREOC). HREOC was established in 1986 to promote and protect the rights of all Australians. The Act was similar to legislative developments in other western countries, in particular the Americans with a Disability Act of 1990. It is similar to other Australian legislation created to protect the civil rights of other groups open to discrimination namely the Racial Discrimination Act of 1975 and the Sex Discrimination Act of 1984. The DDA represented a further step in the gradual process by which disability has come to be viewed as a civil rights concern and a community responsibility rather than a charity and later a welfare issue Lindsay, 2004, p.36

References

Life to live. 2007. [online]. [Accessed 15th May 2007]. Available from World Wide Web: http://www.dsa.org.au/life_site/text/employment/index.html

Lindsay, M. 2004. ‘Background Paper 2′ 1995-96: Commonwealth Disability Policy 1983-1995 [online]. [Accessed 22nd May 2007]. Available from World Wide Web: http://www.aph.gov.au/library/pubs/bp/1995-96/96bp06.htm

Turnbull, T. 1998. A social history of disability services in South Australia and a review of previous, current and future policy directions. Adelaide: University of Adelaide

Westhorp, G., Sebastian, A., Morrell, D. & Mayne, M. 1997. Advocacy and people with a disability: A learning package. Mile End, South Australia: Disability Action Inc