Report No. 48, 57th Parliament - Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024

Bill Lapsed

The 57th Queensland Parliament has been dissolved by proclamation dated 1 October 2024. Therefore all Bills, all portfolio committees, and any committee Inquiries have lapsed.

At some time after the State election, a new parliament will commence and new committees will be appointed. 

Where relevant, a new committee may have regard to evidence and submissions received by its predecessor committee.

Committee’s report

The committee tabled its Report No. 48, 57th Parliament - Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024 on 2 August 2024. The Government's Response to this report was tabled on 19 September 2024.

View: Report
View: Government response

About the Bill

On 14 June 2024, Hon Charis Mullen MP, Minister for Child Safety, Minister for Seniors and Disability Services and Minister for Multicultural Affairs introduced the Bill into the Queensland Parliament.  The Bill was referred to the Community Support and Services Committee for detailed consideration.   

View: Explanatory speech
View: Bill 
View: Explanatory Notes
View: Statement of compatibility

The policy objectives of the Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024 are to:

  • promote the reduction and elimination of the use of restrictive practices in relation to people with disability receiving National Disability Insurance Scheme (NDIS) supports or services or state disability services under the Disability Services Act 2006 (DS Act)
  • move toward greater national consistency in authorisation processes based on the Principles for nationally consistent restrictive practices authorisation processes
  • align Queensland’s restrictive practices authorisation framework with the national NDIS (Restrictive Practices and Behaviour Support) Rules 2018
  • expand the reportable deaths in care framework to reinstate coverage for persons who receive disability supports under the Commonwealth Government’s Disability Support for Older Australians (DSOA) program.

To achieve these objectives, the Bill proposes to amend:

  • the DS Act to implement a reformed authorisation framework for the use of regulated restrictive practices in relation to people with disability when receiving NDIS supports or services or state disability services, including establishing the office and functions of the senior practitioner and vesting QCAT with merits review jurisdiction over all authorisation decisions by the senior practitioner
  • the Guardianship and Administration Act 2000, Public Guardian Act 2014, Coroners Act 2003, and the Queensland Civil and Administrative Tribunal Act 2009 to remove the current approval processes for restrictive practice matters and make other consequential amendments
  • the Coroners Act 2003 to expand the reportable deaths framework to reinstate coverage for deaths in care for people in Queensland who receive disability supports under the DSOA program
  • the Forensic Disability Act 2011 to reflect terminology under the reformed authorisation framework.

Timeline

Submissions closed5 July 2024 - see ‘View Submissions’ tab
Public briefing:9 July 2024 - Broadcast - Transcript
Public hearing(s):19 July 2024 - Broadcast - Transcript 
Report: 2 August 2024 - Report

 

 

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