O family

planning nsw

Reproductive & Sexual Health

Committee Secretary

Senate Standing Committees on Community Affairs PO Box 6100 Parliament House Canberra ACT 2600 Australia

15“ January 2013

Re: National Disability Insurance Scheme Bill 2012

Thank you for the opportunity to comment on the National Disability Insurance Scheme (NDIS) Bill 2013. Please find following, the submission from Family Planning NSW.

Yours sincerely

Ann Brassil CEO

Attachment: submission

Family Planning NSW Ashfield 328-336 Liverpool Road Ashfield 2131 T 02 8752 4392 | F02 8752 4392 criminal services & information | education & training | research | international development NRS 133 677 www.fpnsw.org.au | talkline 1300 658 886 | bookshop

Family Planning NSW is 4 not-for-profit organisation funded by the NSW Ministry of Health ABN 75 000 026 335

Thank you for the opportunity to provide comment on the draft exposure Bill

for an Act to establish the National Disability Insurance Scheme, and for related purposes

We congratulate the Federal Government on the National Disability Insurance Scheme (NDIS) and welcome its introduction in the Hunter region in NSW later this year.

While we are generally supportive of the bill, we have made comment and recommendations on the issues that we believe should be taken into account by the Committee in finalising the Bill and ultimately the Act to establish the NDIS.

About Family Planning NSW

Family Planning NSW is the state’s leading provider of reproductive and sexual health services. We are experts on contraception, pregnancy options, STIs, sexuality and sexual function, menstruation, Menopause, common gynaecological and vaginal problems, cervical screening, breast awareness and men’s sexual health.

We have five fixed clinics in NSW (Ashfield, Fairfield, Penrith, Newcastle and Dubbo) and use innovative partnerships to deliver services in other key locations across the state with more 28,000 client visits annually. We also operate a free, confidential telephone and email information and referral service, connecting our expertise to communities across NSW.

We provide information and health promotion activities, as well as education and training for doctors, nurses, teachers and other health, education and welfare professionals.

As an independent, not-for-profit organisation, we recognise that every body in every family should have access to high quality clinical services and information, and we provide a safe place for people to talk about their most intimate and personal issues.

Our Services

Targeting Marginalised Communities

Our services are targeted to marginalised communities, including people from culturally and linguistically diverse and Aboriginal and Torres Strait Islander backgrounds, refugees, people with disability, young people, people from ural and remote communities and same sex attracted people.

Family Planning NSW’s Work in Asia Pacific Region

Family Planning NSW is working to assist poor and disadvantaged communities in the Asia Pacific region to access comprehensive reproductive and sexual health services. We collaborate with organisations at national and international levels to strengthen the ability of local health providers to deliver high quality family planning services.

Client Rights and Respect

We respect the rights of our clients to make choices about their reproductive and sexual health and we treat each and every person with respect, dignity and understanding.

Evidence-Based Approach

Our work is evidence-based, and shaped by our research through the Family Planning NSW Sydney Centre for Reproductive and Sexual Health Research, our published clinical practice handbooks on reproductive and sexual health, our nationally recognised data and evaluation unit and validated through our own extensive clinical practice.

Working With People With Disability

Equity Of Access To Information And Services

Equity of access to information and services is at the heart of our work with people with disability.

Advocacy For People With Disability

Family Planning NSW recognises the need to promote and protect the reproductive and sexual health rights of people with disability. We advocate for people with disability to have equity of access to reproductive and sexual health services. Despite being recognised as ‘human rights’, sexuality and relationships are ignored and contested aspects of the lives of people with disability. Reproductive and sexual health is often left out of policy, the disability and health research agenda, data collection and workforce development strategies.

Our Work

We know people with disability often face barriers to accessing information and services. We provide education and training for disability workers, family members and carers and our clinics are a safe place for people with disability to talk about intimate and sometimes difficult issues. We also produce innovative resources, written in simple English, to support our education activities.

Our most recent work includes:

• Providing training to staff of Ageing, Disability and Home Care (ADHC) of the NSW Department of Family and Community Services and non- government disability service providers

• Providing education services to groups of parents and carers of young people with intellectual disability

• Consulting with 20 peak organisations to explore the issues around HIV prevention, support and education for people with disability

• Developing specialised publications and resources to support people with disability, parents, carers and disability workers in reproductive and sexual health issues

• Ensuring equity of access to clinical services for people with disability. In 2011-2012 534 people with disability accessed our clinical services making 1,185 visits to our five NSW clinics

Our submission

Chapter 1 Introduction

Part 2-Objects and principles

3 Objects of the Act

Family Planning NSW generally supports the objects and general principles of the Bill, in particular we believe the following objects are important for the following reasons:

b) we acknowledge the legislation’s intent in supporting the independence and social participation of people with disability given that a person’s sexuality, sexual identity and sexual behaviour form an important part of their social participation, more generally

c) early intervention and the provision of support services are critical when it comes to the physical and emotional development of people with disability

d) people with disability must be able to exercise choice and control over the planning and delivery of support services including those services which address reproductive and sexual health and rights

f) clinical and support services to people with disability should be of high quality and innovative

g) it is important the Bill strives to raise community awareness to facilitate greater community inclusion by people with disability

We believe the Bill should more clearly explain object h) give effect to certain obligations that Australia has as a party to the Convention on the Rights of Persons with Disability. is our belief that Australia should have an obligation to deliver on all aspects of the Convention of the Rights of Persons with Disabilities.

General principles guiding actions of people who may do acts or things on behalf of others

While we support the inclusion of the cultural and linguistic circumstances of people with disability being taken into account when a decision is being made on behalf of someone with disability, we also believe it’s important the Act recognises the right of a person with disability to make a choice about expressing their sexual orientation and to be recognised as a sexual being. A person with disability should not be discriminated against based on their sex, sexuality or sexual orientation. It is critical this is addressed within this section of the Act.

Recommendations:

• That the Bill gives clarity to the obligations of Australia as a party to the Convention of the Rights of Persons with Disabilities
• That the Bill recognises that people with disability have the same right as everyone else to reach their goals and aspirations around relationships and sexual expression. This includes living healthy, safe sexual lives, having relationships and forming families

Chapter 2 Assistance for people with disability and others

Family Planning NSW supports the establishment of the NDIS Launch Transition Agency and the ability of the agency to provide assistance in the form of funding for persons or entities to enable people with disability to realise their potential for physical, social, emotional and intellectual development.

We believe it is important the Agency also plays a role in ensuring equity of access to services and information by people with disability. While we acknowledge there are organisations to monitor instances of discrimination, we believe it should also be the agency’s role to facilitate, where possible, equality of access for people with disability.

Recommendation:

• That the agency plays a role in ensuring equity of access to services for people with disability

Chapter 3 Participants and their plans

Part 1- Becoming a participant

Family Planning NSW requests the following comments be considered in the Act relating to “Becoming a participant”:

• The acceptance of a participant should not be solely at the discretion of the Agency CEO

• A review mechanism to determine a person’s eligibility should be established that is independent of the Agency

• Access to the scheme should not be onerous and must acknowledge the difficulties and lack of support currently provided to people with disability and their families and carers

Part 2- Participants’ plans

Division 1-Principles relating to plans

Section 31 Family Planning NSW supports the establishment of individualised

plans for people with disability. Under the current system, there is a limited ability for a person with disability to access education, health and support services for reproductive and sexual health, particularly as it relates to sexual health, sexuality, sexual behaviour, sexual orientation, relationship support and sexual function

c) While we acknowledge the support of families and carers in the life of a person with disability it is important that the development of the participant plan is underpinned by the right of the individual to exercise control over their own life. For example, it can sometimes be difficult for a family member/s to accept the sexual and physical development of their child and allow that person the freedom to explore their sexuality

d) We believe the development of the plan should not be limited to strengthening and building the capacity of families and carers to support only those participants who are children. Our work is largely with families or carers of people with disability across the lifespan with a focus on those who are going through puberty or approaching adulthood. We build the capacity of these families and carers to accept and support the sexual growth of a person

Division 2-Preparing participants’ plans

Section 34

e) While we support the general principles by which a support service will be assessed as being appropriate to fund, we believe 34 e) has the potential to either include or exclude the services provided by organisations such as ours. We support the inclusion of this section based on the assumption that it is reasonable to expect the provision of reproductive and sexual health, including services around sexual health, sexuality, sexual orientation and sexual behaviour to be funded or provided under the scheme. These would include education for people with disability and their carers, access to clinical services as well as workforce development for disability support workers, clinicians and teachers and the provision of accessible information.

Recommendations: 4. That the acceptance of a participant not be solely at the discretion of the Agency CEO 5. That a review mechanism be established to assess a person’s eligibility that is independent of the Agency 6. That access to the scheme not be onerous and must acknowledge the difficulties and lack of support currently provided to people with disability and their families and carers 7. That the development of the participants’ plan be underpinned by the right of the individual to exercise control over all aspects of their own life 8. That the development of the participants’ plan should not be limited to strengthening and building the capacity of families and carers to support only those participants who are children

Chapter 6 National Disability Insurance Scheme Launch Transition Agency

As previously mentioned we support the establishment of the NDIS Launch Transition Agency.

Part 1

Section 118 Functions of the agency

d) We believe the Agency’s functions should not be limited to building community awareness of disabilities and the social contributors to disabilities. We believe the Agency should also have a role in promoting and facilitating community acceptance of people with disability and their rights to make choices about all aspects of their life. The development of individual plans will necessarily highlight the different circumstances and needs of people and it is critical the Agency plays a role in advocating for community understanding of the rights of the individual to choose the services they believe will best assist them. This is particularly important when it comes to the rights of a person to make a choice about their reproductive and sexual health and whether their participant plan includes the accessing of reproductive and sexual health clinical, education and support services.

e) Family Planning NSW supports the Agency’s function to collect, analyse and exchange data about disabilities and the supports for people with disability. For example, there is currently little or no data available on notifiable STIs including HIV, use of different contraception methods, cervical cancer rates, use of reproductive and sexual health services etc.

f) Family Planning NSW supports the Agency’s function to undertake research relating to disabilities, the supports for people with disability and the social contributors to disabilities. For example, we believe research is critical in giving people with disability a voice about their sexual and relationships experience, ways they can be supported and what currently prevents organisations, staff and carers from providing such support.

Recommendation:

9. That the Agency has a role in promoting and facilitating community acceptance of people with disability and their right to make choices about their health and wellbeing (including reproductive and sexual health).