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Definition of "disability"
Background
The new Disability Services Act 2011 began on 1 January 2012.
The main features of the new definition in the Act include:
- a broader human rights view in line with the United Nations Conventions on the Rights of Persons with Disabilities
- the addition of cognitive impairment
- how much a person's disability is affecting their everyday life and participation
- the person's need for continuing significant support.
Cognitive impairment
The addition of 'cognitive impairment' in the definition of disability does not mean that people with cognitive impairment have not been eligible for services in the past.
It was understood that 'intellectual' impairment encompassed 'cognitive' impairment under the old Act.
It does not matter what type of impairment a person might have. The new Act looks more closely at the impact of the person's disability on their everyday life. This means that:
- people will need to have an impairment (disability) of one type or more
- that they will have this disability for life
- the disability limits them in certain areas
- the person needs ongoing supports and services.
However, even if a person is eligible for specialist disability support they may not automatically receive funding for that support. All eligible people with disability are prioritised for funding relative to their level of need.
Capacity to carry on a profession, business or occupation, or to participate in social or cultural life
This new part of the Act looks at how much a person's disability is affecting their everyday life and it reflects the contemporary human rights perspective of placing the emphasis on the impact of the impairment on the individual.
The assessment process for specialist disability services will be the same. This means that the person's capacity in learning, communication and mobility will still be assessed as it has been in the past.
The need for continuing 'significant' support services
This part of the new Act says that to be eligible for specialist disability services a person must require significant and continuing supports.
The needs of a person with disability will be assessed and prioritised along with other people who are waiting for services.
This part of the new Act aims to make sure that the prioritisation process is consistent, fair and transparent for everyone.
Summary
The new Act has a focus on how a person's disability impacts on their everyday life.
The target group for people accessing specialist disability services will be the same.
Changes to the Act mean that policies and guidelines developed by Disability and Community Services will be updated and will focus on human rights.