Federal and State Government Context
Since the early 1990s, both the Commonwealth and State governments have passed disability related legislation and implemented initiatives to:
- eliminate discrimination against people with disabilities
- promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community, and
- ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.
The MFB ‘s Disability Action Plan takes into consideration the Commonwealth Disability Discrimination Act (1992), the Victorian Disability Act (2006) and the Victorian Charter of Human Rights and Responsibilities Act (2006)
The Victorian Disability Act 2006
The Victorian Disability Act 2006 provides for a fairer and more coherent approach to the provision of services for people with a disability in Victoria. The Act is guided by the principles of human rights and citizenship and provides substantial reform to the law concerning people with a disability in Victoria. The Act aims to ensure that services are of high quality and accountable to people with a disability who use those services.
Section 38 of the Disability Act 2006 requires each public sector body, including statutory authorities such as the MFB, to develop a Disability Action Plan to:
- Reduce barriers to accessing services and facilities
- Reduce barriers to obtaining employment
- Promote inclusion and participation
- Achieve tangible changes in attitudes and practices which discriminate against persons with a disability.
Charter of Human Rights and Responsibilities Act 2006
The Victorian Charter of Human Rights and Responsibilities Act 2006 sets out the rights and freedoms to which all Victorians are entitled, and the responsibilities that go with them. The Charter focuses on civil and political rights, and includes well known democratic rights such as the right to vote and freedom of expression.
Other rights protected by the Charter include:
- Protection from forced work
- The right to privacy
- The right to a fair trial
- Cultural rights
The Charter is an agreed set of human rights, freedoms and responsibilities protected by law. Government departments and public bodies must observe these rights when they create laws, set policies and provide services.
This means that they must act in a way that is consistent with the human rights protected under the Charter, comply with the Charter and take human rights into account in their day-to-day operations.