Kathleen O'Meara (Labour)

I move amendment No. 29:

In page 17, subsection (1), between lines 15 and 16, to insert the following new paragraph:

"(b) the contents of the assessment;".

I speak on behalf of the Labour Party. Senator Tuffy has done and continues to do sterling work on the Bill. For the information of the Minister of State and the House, Senator McCarthy and I will manage the business on our side today.

The amendment relates to section 14, which deals with complaints regarding assessments or service statements, an important section of this important Bill. The area of assessments and service statements is critical for the person with disability in regard to accessing the services required and meeting needs, which one would hope and I assume, from all the Government has said, is the intention of the Bill. The issue of assessments and service statements is, therefore, one of the core elements of the Bill.

The Labour Party put down the amendment because we believe section 14(1)(b) in particular is unnecessarily restrictive. Section 14(1) states:

An applicant may, either by himself or herself or through a person referred to in section 9(2), make a complaint to the Executive in relation to one or more of the following:

(a) a determination by the assessment officer concerned that he or she does not have a disability;

(b) the fact, if it be the case, that the assessment under section 9 was not commenced within the time specified in section 9(5) or was not completed without undue delay;

The amendment seeks to insert a new paragraph after paragraph (b) above which will read: "(b) the contents of the assessment;". We seek to allow an applicant the right or facility to have an appeal against the contents of the assessment. The section as currently drafted only permits an appeal in regard to a contention that the assessment was not conducted in a manner conforming to standards set under section 9.

This is a vital amendment, indeed, we contend it is one of the most important amendments to the Bill. The existing wording is inadequate because it prevents any appeal against the contents of the assessment. The amendment would allow such an appeal. We believe it is fundamental that this facility would be available to the applicant under the Bill. Without the amendment, the Bill is inadequate and undermines the rights of an applicant.

The whole area of an appeal against an assessment is an important one. I would like the Minister to consider that the section, as drafted, is not adequate to meet the spirit of the Bill as set out. The amendment is put down in an attempt to be helpful and to allow the Bill to be as powerful as it can be. In particular, it is to ensure that the needs of the person making the application, who should be at the heart of the legislation, namely, the person with a disability, are fully met. The concept of the appeal and the manner in which an appeal can be made are important in that regard. I look forward to the Minister's reply.