South Australian Current Acts South Australian Current Acts (1) The following
principles are to be observed in the operation, administration and enforcement
of this Act:
(a)
people with disability have the same fundamental human rights and
responsibilities, and the same right to autonomy, as other members of the
community;
(b)
people with disability have an inherent right to respect for their worth and
dignity as individuals;
(c)
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;
(d)
people with disability have the right to realise their physical, social,
sexual, reproductive, emotional and intellectual capacities;
(e)
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;
(f) 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;
(g)
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;
(h)
people with disability have the right to respect for their cultural or
linguistic diversity, age, gender, sexual orientation and religious beliefs;
(i)
people with disability have the same rights to privacy
and confidentiality as other members of the community;
(j)
people with disability have the right to live free from neglect, abuse and
exploitation;
(k)
people with disability have the same rights as other members of the community
to pursue complaints and access justice;
(l) 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;
(m)
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;
(n) the
needs of children with disability as they develop, and their rights as equal
members of the community, are to be acknowledged and respected;
(o) 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 this Act as it relates to women with
disability:
(a) many
women with disability face multiple disadvantages and are potentially more
vulnerable to risk of abuse or exploitation;
(b) 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 this Act as it relates to children with
disability:
(a)
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;
(b)
decisions affecting children with disability under this Act should be
child-centred;
(c)
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;
(d) 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;
(e)
children with disability are more vulnerable to risk of abuse or exploitation;
(f) the
developmental needs of children with disability must be taken into account,
with particular focus on critical periods in their childhood and adolescence;
(g) 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 this Act as it relates to Aboriginal and
Torres Strait Islander people with disability:
(a)
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;
(b) many
Aboriginal and Torres Strait Islander people with disability face multiple
disadvantages;
(c) 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 this Act as it relates to people with
disability from culturally and linguistically diverse backgrounds:
(a)
cultural, language and other differences create barriers to providing supports
and services to people with disability from culturally and linguistically
diverse backgrounds;
(b) 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 this Act must
exercise their powers and perform their functions so as to give effect to the
principles set out in this section.