The Federation Press

Justice for People with Disabilities

Legal and institutional responses


The values underlying the delivery of services to people with disabilities have changed so that such people are now to be treated as full citizens with concomitant rights. This book deals with the nature of the change and its legal and institutional ramifications.

Tom Bellamy and Lynne Davis discuss the values which now govern the relationship between people with disabilities and society. What do we mean by ’citizenship’ and ’disability’? What are the implications of the federal government’s emphasis upon caring by family members and upon contracts for delivery of services? Can the market resolve all problems of access to social resources?

New values being established, what laws will support and reflect those values? Ruth Colker looks at affirmative action; Jones and Besser Marks at the Disability Discrimination Act; Alan Rose at the Disability Services Act; and the Forlins at inclusive schooling for children with disabilities.

Changes in values and laws require complementary changes in the institutions - families, government departments, etc - which realise them. How to effect change in the public service? in the voluntary sector? What of disability advocacy? or institutional culture? or crime prevention and patterns of offending? What of the move from segregation to community?

The contributors to this book provide a blueprint for meaningful reform.

Table of Contents

Legal Responses

The braid of progress: people with disabilities and modern societies
GT Bellamy
Rights replacing needs: a new resolution of the distributive dilemma for people with disabilities in Australia?
L Davis
Affirmative action, reasonable accommodation and capitalism: irreconcilable differences?
R Colker
The limitations on the use of law to promote rights: an assessment of the Disability Discrimination Act 1992 (Cth)
M Jones and LA Basser Marks
Australian Law Reform Commission review of the Disability Services Act 1986 (Cth)
AD Rose
The legal implications of including students with disabilities in regular schools
C Forlin and P Forlin

Institutional Responses

Moving towards accessibility for people with disabilities
R Barson
Voluntary-sector associations as part of the problem or part of the solution
WP Hanley
Disability advocacy: too much talk and not enough action
R Banks and R Kayess
Ethics and rights in the move from segregation to community
R Nicholls
Institutional culture and people with intellectual disabilities: experiences of an inquirer
DG Stewart
Consideration of crime prevention as part of institutional reform
M Hauritz
Patterns of offending amongst people with intellectual disabilities
OJ Webb


Of interest...