❓ A parliamentary question addresses the exclusion of children with disabilities from Out of School Hours Care (OSHC) and the adequacy of current regulations to prevent discrimination. The Minister's response identifies systemic issues and highlights existing legislative protections.
✅ AnsweredQoN 1199Legislative Council
Portfolio: Early Childhood
Question
The Education and Care Regulation Unit (ECRU) has investigated multiple complaints relating
to the exclusion of children with disability from the Out of School Hours Care (OSHC) service provided by Camp Australia. The Australian Human Rights Commission has accepted a federal
discrimination complaint relating to exclusion and discrimination by
association. Bearing all of this in mind, I ask:(a) what systemic issues were identified through these repeated ECRU actions;(b) how do enforceable undertakings intersect with exclusion practices affecting children with disability; and(c) does the Minister consider the current regulatory approach to be adequate to protect Western Australian children and families living with disability from discrimination?
Answer
(a) Issues include the adequacy and timeliness of Commonwealth Inclusion Support Program funding, the number of children attending Outside School Hours Care (OSHC) and the complexity of their support needs, workforce availability and, limiting service capacity to provide appropriate support for children with complex needs.
(b) An enforceable undertaking does not intersect with exclusion practices affecting children with disabilities.
(c) The National Quality Framework requires education and care services to provide inclusive programs, support equitable access and participation, and engage respectfully with families. These obligations operate alongside State and Commonwealth anti-discrimination legislation, including the Equal Opportunity Act 1984 (WA) and the Disability Discrimination Act 1992 (Cth) .
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