Legal problem types specific to people with disability | Article

Key Finding 4

This key finding looks at legal problem types specific to people with disability. In Western Australia, individuals with disability encounter distinct legal issues that require comprehensive understanding and proactive solutions. These concerns span several topics, including guardianship and administration, restricted practices, NDIS service agreements, sexual harassment, disability discrimination, supported decision making, consumer rights, cases of mentally impaired accused, and NDIS appeals.

Guardianship and Administration: This involves legal decision-making on behalf of those who may not be fully capable due to disability. The abuse of such positions, however, is a critical concern. It underscores the need for rigorous checks and safeguards within this system to protect the rights of individuals with disability.

Restricted Practices: This refers to restrictions imposed on persons with disability, which can sometimes infringe upon their rights and freedom. Understanding the fine line between care and control is essential to ensure that restrictive practices do not become abusive.

NDIS Service Agreements: Misunderstandings or misuse of these agreements can lead to significant issues, such as inadequate care or financial exploitation. Hence, legal clarity and enforcement are vital in the proper execution of NDIS service agreements.

Sexual Harassment: Individuals with disability often face a higher risk of sexual harassment and abuse. This issue highlights the urgent need for increased legal protections, support services, and education around consent and rights.

Disability Discrimination: Discrimination can occur in various sectors such as employment, housing, and education. Legal efforts must continue to combat these pervasive biases and uphold the rights of individuals with disability.

Supported Decision Making: This is an approach that assists those with disability to make their own decisions, reinforcing their autonomy. However, a lack of understanding or respect for this process can lead to rights infringement and legal disputes.

Consumer Rights for People with Disability: These individuals often face unique consumer issues, such as exploitation or unfair treatment due to their disability. Ensuring their consumer rights are protected is an essential aspect of upholding their legal rights.

Mentally Impaired and Accused: The justice system often struggles with fair treatment and proper accommodation for accused persons with mental impairments. Legal reforms and education are needed to ensure people receive fair trials and appropriate support.

NDIS Appeals: Issues can arise regarding the appeal of decisions made under the NDIS. Ensuring that the appeal process is transparent, accessible, and fair is a key legal concern for individuals with disability.

In addressing these issues, the development of tailored referral pathways to community legal services for individuals with disability is pivotal. Such referral pathways can ensure swift and effective access to necessary legal services, enhance understanding of their rights, and foster a more inclusive and accessible justice system in Western Australia.

Further Reading | Legal problem types specific to people with disability

(1) Rights of people with disability – Western Australian Government. https://www.wa.gov.au/organisation/department-of-communities/rights-of-people-disability.

(2) State Disability Strategy 2020-2030 – Western Australian Government. https://www.wa.gov.au/government/document-collections/state-disability-strategy-2020-2030.

(3) Home – Australian Centre for Disability Law. https://disabilitylaw.org.au/.

(4) Mental Health Legislation and Human Rights. https://humanrights.gov.au/our-work/disability-rights/publications/mental-health-legislation-and-human-rights.