Women with Disability Australia (WWDA) reports that it is continuing its systemic advocacy work in relation to the Federal, State & Territory Government's proposal to develop draft national, uniform legislation which sets out the procedures that jurisdictions could adopt in authorising the sterilisation of children who have an intellectual disability.
In November 2006, the Standing Committee of Attorneys General (SCAG) released for consultation with selected stakeholders, its draft Bill (Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006).
Over the past few months, in response to the draft Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006, WWDA has actively sought to re-iterate its recommendation to the Australian Government and the Standing Committee of Attorneys-General (SCAG) that:
the Federal Government develop universal legislation which prohibits sterilisation of children except in those circumstances which amount to those that are a serious threat to health or life. In the case of adults, WWDA also strongly recommends that sterilisation be prohibited in the absence of the informed consent of the individual concerned, except in those circumstances where there is a serious threat to health or life.
WWDA understands that the Standing Committee of Attorneys-General (SCAG) next meets in April 2007, where the draft (Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006) and the outcomes of the consultations, will be on the agenda. In recent correspondence to WWDA from the Victorian Department of Justice (Civil Law Policy) WWDA has been advised that:
‘An outcome of the consultation process is that a number of stakeholders have raised important issues in relation to the draft model Bill which will require the Working Group to revisit certain key aspects of the draft Bill. While it is our view that the draft Bill provided to WWDA for comment has been superseded due to the issues raised by stakeholders in relation to it...’ (22 March 2007).
WWDA is continuing our systemic advocacy work in this area, and has recently updated the WWDA website so that information relating to our current campaign is available. The following information can now be found on the WWDA website:
• WWDA Systemic Advocacy on the Unlawful Sterilisation of Minors with Disabilities – Background, Context & WWDA Position;
• Draft Children with Intellectual Disabilities (Regulation of Sterilisation) Bill 2006 [PDF version only];
• Standing Committee of Attorneys General (SCAG) Issues Paper on the Sterilisation of Intellectually Disabled Minors (September 2006);
• Responses to WWDA’s Sterilisation Advocacy Campaign (includes: Responses from the United Nations; Responses from Politicians; Other Stakeholders; Government Departments/Agencies; Submissions from Other Organisations/Bodies to the Draft Bill);