MATRIX OF STAKEHOLDERS REQUESTS MATTERS FOR CURRENT REVIEW Section Change Request Explanatory Notes Raised by Section 4(1) Change the definition of GAB suggests adopting their 1995 definition of disability: Guardianship and disability Administration Board Interpretation “disability means any restriction or lack (resulting from any absence, loss or abnormality of mental, psychological, Disability physiological or anatomical structure or function) of ability to perform an activity in a normal manner.” It is more than 20 years since the GAB adopted their definition of “disability” and policy and practice have moved considerably over those two decades Current State definition broadly aligns with NDIS definition which identifies “Disability requirements” rather than a definition of “disability” GAB submission is not recommended – see Review Committee Recommendation 1 Section 4(4)(b) Remove both “trustee” and The GAB noted that trustees and administrators deal with Guardianship and “administrator” financial matters and may not have the skills or the inclination to Administration Board (GAB) Reference to person act as nominated persons and so should be removed from this nominated by person with sub-section. disability Amend in current review Section 5 Review Principles to Principles in the Act are high level, “directional” statements that Consultations with NDIS and CRPD may not be specific enough to deliver safe, quality services to Principles Commissioner for Children particularly relating to people with disability children and young people There is no overarching human rights framework in Tasmania therefore the CRPD needs to be incorporated more transparently into the Principles, particularly those pertaining to children and young people in Article 7; aspects relating to children and young
MATRIX OF STAKEHOLDERS REQUESTS MATTERS FOR CURRENT REVIEW Section Change Request Explanatory Notes Raised by Section 4(1) Interpretation Disability Change the definition of disability GAB suggests adopting their 1995 definition of disability: “disability means any restriction or lack (resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function) of ability to perform an activity in a normal manner.” It is more than 20 years since the GAB adopted their definition of “disability” and policy and practice have moved considerably over those two decades Current State definition broadly aligns with NDIS definition which identifies “Disability requirements” rather than a definition of “disability” GAB submission is not recommended – see Review Committee Recommendation 1 Guardianship and Administration Board Section 4(4)(b) Reference to person nominated by person with disability Remove both “trustee” and “administrator” The GAB noted that trustees and administrators deal with financial matters and may not have the skills or the inclination to act as nominated persons and so should be removed from this sub-section. Amend in current review Guardianship and Administration Board (GAB) Section 5 Principles Review Principles to with NDIS and CRPD particularly relating to children and young people Principles in the Act are high level, “directional” statements that may not be specific enough to deliver safe, quality services to people with disability There is no overarching human rights framework in Tasmania therefore the CRPD needs to be incorporated more transparently into the Principles, particularly those pertaining to children and young people in Article 7; aspects relating to children and young Consultations Commissioner for Children
DS_Act_Review_Report_Final_ver_1.A_accessible.docx