Kathleen O'Meara (Labour)

I very much support this important amendment. The Long Title sets out the intention of the legislation. Senator Terry seeks to delete the following words: "occasioned to persons with disabilities by their disabilities, to enable Ministers of the Government to make provision, consistent with the resources available to them and their obligations in relation to their allocation,". Allocations are always made consistent with the resources available; that is automatically a condition.

By contrast, Senator Terry's amendment will ensure the Long Title is clear, straightforward and powerful. It would state, "An Act to enable provision to be made for the assessment of health and educational needs of persons with disabilities, to enable Ministers of the Government to make provision for services to meet those needs...". This is a critical difference in emphasis because the conditionality of the Long Title is removed.

It would not then mean Ministers would have to make provision without the necessary resources available but it would empower them to make the necessary provision. It would also make clear that the legislation is designed to make provision where required. This is the core concern of people with disabilities regarding the legislation. They are concerned the same conditions will apply as previously and people with disabilities will find themselves at the end of the line when resources are allocated. For example, spending on mental health services has decreased considerably during the lifetime of the Government, despite the greater availability of resources. Unless a direct and powerful statement is made, there is always the fear and possibility that the necessary resources will not be allocated. This amendment is, therefore, important.