Victorian Consolidated Legislation

Disability Act 2006 - SECT 5

Principles

5. Principles



(1) Persons with a disability have the same rights and responsibilities as
other members of the community and should be empowered to exercise those
rights and responsibilities.







(2) Persons with a disability have the same right as other members of the
community to-

   (a)  respect for their human worth and dignity as individuals;

   (b)  live free from abuse, neglect or exploitation;

   (c)  realise their individual capacity for physical, social, emotional and
        intellectual development;

   (d)  exercise control over their own lives;

   (e)  participate actively in the decisions that affect their lives and have
        information and be supported where necessary, to enable this to occur;

   (f)  access information and communicate in a manner appropriate to their
        communication and cultural needs;

   (g)  services which support their quality of life.

(3) Disability services should-

   (a)  advance the inclusion and participation in the community of persons
        with a disability with the aim of achieving their individual
        aspirations;

   (b)  be flexible and responsive to the individual needs of persons with a
        disability;

   (c)  maximise the choice and independence of persons with a disability;

   (d)  be designed and provided in a manner that recognises different models
        of practice may be required to assist people with different types of
        disability and at different stages in their lives to realise their
        physical, social, emotional and intellectual capacities;

   (e)  enable persons with a disability to access services as part of their
        local community and foster collaboration, coordination and integration
        with other local services;

   (f)  as far as possible be provided in a manner so that a person with a
        disability need not move out of his or her local community to access
        the disability services required;

   (g)  be of high quality and provided by appropriately skilled and
        experienced staff who have opportunities for on-going learning and
        development;

   (h)  consider and respect the role of families and other persons who are
        significant in the life of the person with a disability;

        (i)    acknowledge the important role families have in supporting
               persons with a disability;

   (j)  acknowledge the important role families have in assisting their family
        member to realise their individual physical, social, emotional and
        intellectual capacities;

   (k)  where possible strengthen and build capacity of families who are
        supporting persons with a disability;

   (l)  have regard for the needs of children with a disability and preserve
        and promote relationships between the child, their family and other
        persons who are significant in the life of the child with a
        disability;

   (m)  be provided in a manner that respects the privacy and dignity of
        persons accessing the disability services;





   (n)  be provided in a way which reasonably balances safety with the right
        of persons with a disability to choose to participate in activities
        involving a degree of risk;

   (o)  have regard for any potential increased disadvantage which may be
        experienced by persons with a disability as a result of their gender,
        language, cultural or indigenous background or location;

   (p)  be designed and administered in a manner so as to ensure that persons
        with a disability have access to advocacy support where necessary to
        enable adequate decision making about the services they receive;

   (q)  be designed and provided in a manner which continues to reflect the
        role of the Secretary in providing and funding planning for persons
        with a disability;

   (r)  be accountable for the quality of those services and for the extent to
        which the rights of persons with a disability are promoted and
        protected in the provision of those services.

(4) If a restriction on the rights or opportunities of a person with a
disability is necessary, the option chosen should be the option which is the
least restrictive of the person as is possible in the circumstances.

(5) It is the intention of Parliament that the principles specified in this
section should wherever possible be given effect to in the administration of
this Act and the provision of disability services.