Tasmanian Disability Services Act 2011 Review

Government Response to the independent Review of the Disability Services Act 2011

On 5 July 2018, the Minister for Disability Services and Community Development, the Hon Jacquie Petrusma MP, tabled in Parliament the Report of the Review Committee – 29 June 2018 (the Report). The Report was prepared by an independent Review Committee following stakeholder consultation and contains 19 recommendations.

The Government has considered the 19 recommendations in the Report and has agreed to progress legislative amendments.  These include:

  • updating Principles within the Act
  • making changes to the allow for interim authorisation of restrictive interventions
  • improving the scope of information sharing provisions
  • ensuring alignment with other relevant legislation.

Other recommendations were made by the Review Committee that do not require legislative amendment or were considered out of scope of the Terms of Reference for the Review. The Government will therefore to progress these recommendations through other means, such as the Disability Service Strategic Plan 2019-2021.

View the full Government response - Review of the Disability Services Act 2011 Tasmania:  Tasmanian Government Response to the Review.

The Government is committed to supporting people with disability and their carers, and has invested and extra $900 million over the next four years for disability services and support, which includes $878.7 million to fund the National Disability Insurance Scheme (NDIS).

The independent review was required under the Disability Services Act 2011 and was undertaken following extensive consultation throughout Tasmania.

The review was governed by an independent Review Committee with wide representation and focussed on the Act’s operational effectiveness since implementation. The review also considered issues which arose as a result of the Tasmanian Bilateral Agreement for transition to the NDIS.

The independent review also considered how well the Act has delivered, or not delivered, benefits to people living with disability.

The report of the Review Committee outlined 19 recommendations identified under 14 key themes some of which were for immediate consideration while others are to be considered following the full roll out of the NDIS in Tasmania.

Report of the Review Committee - 29 June 2018 - Accessible Version

Report of the Review Committee - 29 June 2018 - Printable Version

A submission included in the Review was attributed incorrectly to the Mental Health Tribunal and was in fact a submission by the Equal Opportunity Tasmania.

Background

A review of the Disability Services Act 2011 (the Act) was undertaken by an independent consultant under the auspices of a Review Committee. Membership of the Review Committee is listed below and its Terms of Reference are available here

The Act began operating on 1 January 2012. It describes how specialist support services funded by the Tasmanian Government are provided to people with disability in Tasmania. A copy of the Act is available on the Tasmanian Legislation website

Information about the Act and further supporting information is also available on the DHHS Tasmanian Disability Services Act 2011 webpage

More information about the review is available in the Scoping Paper

The Review Committee wanted to understand how the Act:

  • promotes the needs and best interests of people with disability, considers individual wishes in decision-making, and respects their dignity and autonomy
  • provides coordinated, quality, safe services through disability services providers or individual plans
  • protects the safety and wellbeing of people with disability, including authorising and monitoring the use of restrictive interventions
  • provides for transparent and accountable reporting
  • supports the transition to the NDIS
  • operates effectively with other Tasmanian legislation
  • meets your expectations overall.

This review was followed by a more comprehensive assessment of the Act once the NDIS is fully implemented in Tasmania in 2019.

Review Committee Membership and Terms of Reference

NameOrganisation
Barbara Hingston Health, Mental Health and Social Services
Donna Bain Self Help Workplace
Karen Renetzeder Department of Justice
Jane Wardlaw Wardlaw & Brown Consulting
Jenny Dixon Speak Out
Natasha Street Minister’s Disability Advisory Committee
Ingrid Ganley Disability and Community Services
Charley Hodgson Disability and Community Services
Bruce Paterson Legislative Review and Legal Support (DHHS)