Mention: Ageing and Disability Commissioner Bill 2019

I speak in debate on the Ageing and Disability Commissioner Bill 2019 and to the proposed amendments. First, I congratulate the Minister and the Government on introducing the legislation and also the Leader of the House on his comments. As other speakers in this debate have noted, this is an important development in protecting the vulnerable in our State. It is a positive sign that this is the first legislation to come before the Fifty-Seventh Parliament. I will comment on two of the Opposition's proposed amendments and make two points regarding the legislation's implementation. The amendments proposed by the Opposition are well meaning and I join all speakers in being horrified by the accounts of abuse that we have heard. However, I believe the introduction of requirements for referral as proposed and the potential for prison sentences will diminish the operation of the commissioner.

According to the evidence presented, in the vast majority of cases there are families under stress who need support. The community needs to be aware of this and to know how to refer matters and seek assistance. We do not want people to fear referral because of the perception that it will lead to criminal action.That will simply stop people bringing forward their concerns. Families are complex. It is hard enough for some to understand their situation and navigate the system without adding the judgement of an outside agency that is investigating whether or not they are criminals. Instead, I believe we need to work with families, carers and the community, focusing on education and support. In my view, the report of the upper House inquiry understood the complex nature of the issues involved, which is why it recommended:

That the NSW Government embrace a comprehensive, coordinated and ambitious approach to elder abuse with the following elements: a rights based framework… a major focus on prevention and community engagement…an ambitious training plan. In particular, I am concerned that introducing the concepts of mandatory reporting and criminal offences will alienate Aboriginal and Torres Strait Islander communities, whose memory of other Government interventions that broke up families will rightly make them fearful. Feedback from my electorate has indicated that this issue must be handled carefully.

That brings me to two additional points I wish to make. First, the commissioner must communicate carefully with the community. Discussion of reportingand making reports may have the effect of preventing concerns being raised or, worse, it may mean the commissioner becomes an unwitting tool in family disputes. Instead, we want our community to be aware of how to recognise signs of abuse and seek help and support for those affected. Secondly, there mustbe ongoing funding of our disability advocacy services beyond 2020. The public statements and actions of the Prime Minister since the election indicate an acknowledgement that all is not well with the National Disability Insurance Scheme. I believe it will be some time before that is fully addressed. We should not rely on government bureaucracy on its own to look after our most vulnerable citizens; ensuring that our vulnerable citizens have strong independent advocates is crucial. I strongly encourage the Government to consider that point.