Part 2of this Act, the State Disability Inclusion Plan and disability access and inclusion plans are an expression of policy and do not in themselves—

Part 2 of this Act, the State Disability Inclusion Plan and disability access and inclusion plans are an expression of policy and do not in themselves— (a) create legally enforceable rights or entitlements; or (b) affect existing rights or liabilities (whether of a substantive, procedural or other nature). Part 2—Objects and principles 7—Act to support United Nations Convention on the Rights of Persons with Disabilities etc It is the intention of the Parliament of South Australia that, to such an extent as may be reasonably practicable, the operation, administration and enforcement of this Act is to support and further the principles and purposes of the United Nations Convention on the Rights of Persons with Disabilities, as well as any other relevant international human rights instruments affecting people with disability, as in force from time to time. 7A—Minister to seek views of people with disability (1) Without limiting any other provision of this Act, the Minister must, in accordance with any requirements set out in the regulations, seek the views of people with disability regarding— (a) the operation, administration and enforcement of this Act; and (b) furthering the objects of this Act (including by increasing the inclusion of South Australians with disability in all areas of life in this State). (2) Without limiting subsection (1), the Minister must establish a committee to advise and assist the Minister in relation to the operation of this section. (3) The membership of a committee established by the Minister under this section will be determined by the Minister but should, as far as is reasonably practical, include a diverse range of people with lived experience of disability. (4) The procedures of a committee established by the Minister under this section will be— (a) as determined by the Minister; or (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 7B—Minister to establish committee (1) Without limiting section 7A(2), the Minister must establish a committee to— (a) advise the Minister, taking into account the principles of co‑design, in relation to the preparation and review of the State Disability Inclusion Plan; and (b) perform such other functions as may be assigned to the committee under this or any other Act or by the Minister. (2) The membership of the committee will be determined by the Minister but should, as far as is reasonably practical, include a diverse range of people with lived experience of disability. (3) The procedures of the committee will be— (a) as determined by the Minister; or (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 8—Objects The objects of this Act include— (a) acknowledging that people with disability, regardless of age, have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights; and (b) promoting the independence and social and economic inclusion of people with disability, regardless of age; and (c) providing safeguards in relation to the delivery of all supports and services for people with disability, regardless of age; and (d) providing a framework to support a whole‑of‑Government approach to improving the inclusion of all South Australians with disability in all areas of life in this State; and (e) articulating and facilitating the roles of the State during and following the transition to the National Disability Insurance Scheme; and (f) making significant gains towards achieving an inclusive community where the principles outlined in the United Nations Convention on the Rights of Persons with Disabilities underpin the development and delivery of services, especially by removing barriers so that people with disability, regardless of age, are able to access services and to participate in the community in the same way as other members of the community. 9—Principles (1) The following principles are to be observed in the operation, administration and enforcement of this Act: (a) people with disability have the same fundamental human rights and responsibilities, and the same right to autonomy, as other members of the community; (b) people with disability have an inherent right to respect for their worth and dignity as individuals; (c) people with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their ability to do so; (d) people with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities; (e) people with disability have the right to make decisions that affect their lives including decisions involving risk to the full extent of their capacity to do so; (f) in cases where a person with disability wants or requires assistance in making a decision, supported decision‑making is to be preferred over substituted decision‑making; (g) people with disability have the right to access information in a way that is appropriate for their disability and cultural background, to enable them to make informed choices; (h) people with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs; (i) people with disability have the same rights to privacy and confidentiality as other members of the community; (j) people with disability have the right to live free from neglect, abuse and exploitation; (ja) people with disability have the right to be safe, and to feel safe, through the provision of appropriate safeguards, information, services and support, and through appropriate and accessible reporting mechanisms in cases of neglect, abuse or exploitation; (k) people with disability have the same rights as other members of the community to pursue complaints and access justice; (l) the crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected; (m) people with disability are free to associate with families, carers and other persons as they see fit, and should be supported where necessary to engage in family, social and friendship activities; (n) the needs of children with disability as they develop, and their rights as equal members of the community, are to be acknowledged and respected; (o) the changing abilities, strengths, goals and needs of people with disability as they age are to be acknowledged and respected; (p) people living with disability from a range of lived experiences, and their families and representatives, have a right to participate in the design and delivery of inclusive policies and programs including, as appropriate, through co‑design, consultation or other processes; (q) insofar as people with disability may not be able to find out about their rights, or may not be able to understand their rights, because of their disability, State and local government should take reasonable steps to assist them to learn about their rights and to develop ways in which they can, or their families or representatives can, report violations of those rights; (r) people with disability, and their families and representatives as appropriate, have a right to access and benefit from independent individual and systemic advocacy that assists in accessing services and addressing problems with services. (2) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to women with disability: (a) many women with disability face multiple disadvantages and are potentially more vulnerable to risk of abuse or exploitation; (b) the provision of mainstream supports and services to women with disability should recognise and seek to address such disadvantage and vulnerability, and should be informed by working in partnership with women with disability to enhance their lives. (3) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to children with disability: (a) children with disability have the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life; (b) decisions affecting children with disability under this Act should be child‑centred; (c) without limiting paragraph (b), the responsibilities, rights and duties of a parent or other person legally responsible for a child with disability must also be considered in relation to giving appropriate direction and guidance for the child’s welfare; (d) the views of a child with disability will be listened to, and they should be given developmentally appropriate opportunities to participate in decisions that affect them; (e) children with disability are more vulnerable to risk of abuse or exploitation; (f) the developmental needs of children with disability must be taken into account, with particular focus on critical periods in their childhood and adolescence; (g) the provision of mainstream supports and services to children with disability should recognise and seek to address such risks and vulnerabilities, and should be informed by working in partnership with children with disability, and in consultation with their parents and other persons responsible for them, to enhance their lives. (4) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to Aboriginal and Torres Strait Islander people with disability: (a) Aboriginal and Torres Strait Islander people with disability have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters; (b) many Aboriginal and Torres Strait Islander people with disability face multiple disadvantages; (c) the provision of mainstream supports and services to Aboriginal and Torres Strait Islander people with disability should recognise and seek to address such disadvantage, and should be informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives. (5) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability from culturally and linguistically diverse backgrounds: (a) cultural, language and other differences create barriers to providing supports and services to people with disability from culturally and linguistically diverse backgrounds; (b) the provision of mainstream supports and services to people with disability from culturally and linguistically diverse backgrounds should recognise and seek to address those barriers, and should be informed by working in partnership with people with disability from culturally and linguistically diverse backgrounds, and in consultation with their communities, to enhance their lives. (5a) In addition to the principles set out in any other provision of this section, the following principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with significant intellectual disability or who have high levels of vulnerability due to disability: (a) people with significant intellectual disability or who have high levels of vulnerability due to disability have a right to feel safe, to enjoy dignity in their lives, and to participate in the community in a meaningful way; (b) people with significant intellectual disability or who have high levels of vulnerability due to disability may face major barriers which they may not be able to understand and so need support from others to advocate on their behalf when seeking to remove, or deal with, those barriers. (5b) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who identify as LGBTQIA+: (a) cultural and other differences create barriers to providing supports and services to people with disability who identify as LGBTQIA+; (b) the provision of mainstream supports and services to people with disability who identify as LGBTQIA+ should recognise and seek to address those barriers and should be informed by working in partnership with people with disability who identify as LGBTQIA+ and in consultation with their communities, to enhance their lives. (5c) In addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who live in regional communities: (a) distance from metropolitan regions reduces the availability of supports and services to people with disability who live in regional communities; (b) the provision of mainstream supports and services to people with disability who live in regional communities should recognise and seek to address this availability shortage, and should be informed by working in partnership with people with disability who live in regional communities and in consultation with their communities, to enhance their lives. (6) Each person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the principles set out in this section.