Lack of Freedom for People with Disability to Move within Australia
All Australian governments have a role in providing different aspects of support to people with disability. These support systems have been found to be “broken”, fragmented and significantly underfunded.325 (See also Article 26) People with disability who are fortunate to receive supports may be restricted to the region, State or Territory they currently live in, as supports are often not portable outside the regions, States or Territories from which they are funded. If a person needs or chooses to move to another region, State or Territory, then supports, such as personal care, aids and equipment cannot be taken with the person. For example, in New South Wales, a person is made ineligible for the Attendant Care Program if they intend to move permanently interstate.326 This restricts or limits many people with disability to move freely within Australia.
Freedom to move freely within Australia has a significant adverse impact on Aboriginal and Torres Strait Islander people with disability, who may need or want to move within the traditional ‘boundaries’ or lands of different Aboriginal and Torres Strait Islander communities. For example, it is not uncommon for Aboriginal people with disability to be moving or wanting to move between Northern Territory, Western Australia and South Australia to visit community members. However, regional, State or Territory borders are often inconsistent and incompatible with traditional ‘boundaries’, and this imposes an additional barrier to an Aboriginal or Torres Strait Islander with disability to maintain their disability support to move freely as well as participate freely in cultural life.327 (See also Article 30)
Case Study
Jayne has a physical disability. She had great difficulties attempting to move interstate as her funding for personal care was not portable — her supports could not be transferred from New South Wales to South Australia. The SA disability service system also claimed they did not have the resources to support Jane. Jayne only managed to receive inadequate minimal assistance by taking the problem to the South Australian Minister for Disabilities. She waited ten months for her home to be assessed for modifications and seven months after that they still weren’t done.328
