Inclusive SA

Principles

  1. The following principles are to be observed in the operation, administration and enforcement of the Act:
    1. people with disability have the same fundamental human rights and responsibilities, and the same right to autonomy, as other members of the community;
    2. people with disability have an inherent right to respect for their worth and dignity as individuals;
    3. people with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their ability to do so;
    4. people with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities;
    5. people with disability have the right to make decisions that affect their lives including decisions involving risk to the full extent of their capacity to do so;
    6. in cases where a person with disability wants or requires assistance in making a decision, supported decision‑making is to be preferred over substituted decision‑making;
    7. people with disability have the right to access information in a way that is appropriate for their disability and cultural background, to enable them to make informed choices;
    8. people with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs;
    9. people with disability have the same rights to privacy and confidentiality as other members of the community;
    10. people with disability have the right to live free from neglect, abuse and exploitation;
    11. people with disability have the same rights as other members of the community to pursue complaints and access justice;
    12. the crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected;
    13. people with disability are free to associate with families, carers and other persons as they see fit, and should be supported where necessary to engage in family, social and friendship activities;
    14. the needs of children with disability as they develop, and their rights as equal members of the community, are to be acknowledged and respected;
    15. the changing abilities, strengths, goals and needs of people with disability as they age are to be acknowledged and respected.
  2. In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of the Act as it relates to women with disability:
    1. many women with disability face multiple disadvantages and are potentially more vulnerable to risk of abuse or exploitation;
    2. the provision of mainstream supports and services to women with disability should recognise and seek to address such disadvantage and vulnerability, and should be informed by working in partnership with women with disability to enhance their lives.
  3. In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of the Act as it relates to children with disability:
    1. children with disability have the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life;
    2. decisions affecting children with disability under the Act should be child‑centred;
    3. without limiting paragraph (b), the responsibilities, rights and duties of a parent or other person legally responsible for a child with disability must also be considered in relation to giving appropriate direction and guidance for the child’s welfare;
    4. the views of a child with disability will be listened to, and they should be given developmentally appropriate opportunities to participate in decisions that affect them;
    5. children with disability are more vulnerable to risk of abuse or exploitation;
    6. the developmental needs of children with disability must be taken into account, with particular focus on critical periods in their childhood and adolescence;
    7. the provision of mainstream supports and services to children with disability should recognise and seek to address such risks and vulnerabilities, and should be informed by working in partnership with children with disability, and in consultation with their parents and other persons responsible for them, to enhance their lives.
  4. In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of the Act as it relates to Aboriginal and Torres Strait Islander people with disability:
    1. Aboriginal and Torres Strait Islander people with disability have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters;
    2. many Aboriginal and Torres Strait Islander people with disability face multiple disadvantages;
    3. the provision of mainstream supports and services to Aboriginal and Torres Strait Islander people with disability should recognise and seek to address such disadvantage, and should be informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.
  5. In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of the Act as it relates to people with disability from culturally and linguistically diverse backgrounds:
    1. cultural, language and other differences create barriers to providing supports and services to people with disability from culturally and linguistically diverse backgrounds;
    2. the provision of mainstream supports and services to people with disability from culturally and linguistically diverse backgrounds should recognise and seek to address those barriers, and should be informed by working in partnership with people with disability from culturally and linguistically diverse backgrounds, and in consultation with their communities, to enhance their lives.
  6. Each person or body engaged in the administration, operation or enforcement of the Act must exercise their powers and perform their functions so as to give effect to the principles set out in this section.

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Provided by:
Department of Human Services
URL:
https://inclusive.sa.gov.au/have-your-say/review-disability-inclusion-act/principles
Last Updated:
12 Aug 2020
Printed on:
22 May 2022
The Inclusive SA website is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016