The Disability Services Act 2006 (the DSA) and the Disability Services Regulation 2006 (the Regulation) came into effect on 1 July 2006.
Section 233 of the Act requires the Minister for Communities, Child Safety and Disability Services to review the Act as soon as practicable after the end of 5 years after commencement (that is, after 1 July 2011).
In October 2010, the Department undertook to review the DSA in two stages:
- Stage 1: review of the provisions of the DSA, and associated provisions in the Guardianship and Administration Act 2000 (GAA) that underpin the Positive Futures initiative, and regulate the use of restrictive practices.
- Stage 2: review of other provisions in the DSA.
Stage 1 – Review of restrictive practices provisions
The introduction of the restrictive practices regime was an important and necessary step to ensure adults with intellectual disabilities and challenging behaviour had their human rights properly recognised and could live better lives.
As part of the review of the regime, during October and November 2010, the department undertook consultation via 10 information consultation sessions across Queensland, and had face to face briefings with advocates, service providers and other key stakeholders.
The objective of the Stage 1 review is to determine whether the legislative provisions relating to Positive Futures (particularly part 10 of the DSA and chapter 5B of the GAA):
- sufficiently promote and progress positive outcomes for clients;
- provide sufficient support and benefits for clients;
- provide sufficient clarity and certainty for service providers;
- support the reforms recommended by Justice Carter; and
- focus too heavily on compliance, and not enough on quality of life and the use of positive behaviour support.
Stage 2 – Review of the remainder of the DSA
As outlined above, Stage 2 of the review will consider the remainder of the DSA, and will commence in 2013.
Further information regarding the review process, key information and dates will be posted here.
If you would like further information, or would like to speak with someone regarding the review of the DSA, please contact Legal Policy on 07 3006 2370.