102.
We also consider the Government is potentially in breach of its domestic obligations under the Bill
of Rights Act 1990 and Human Rights Act 1993 through discriminatory treatment of those living with
FASD.
103.
In our view there is no logical basis to limit access to Disability Support Services for individuals with
FASD to those with an intellectual impairment only. The effect of doing so results in most people
living with FASD not being able to access support and given an opportunity to thrive.
104.
There is much to be done in New Zealand to better respond to FASD. The FASD Action Plan provided
a hopeful start but has failed to deliver to families and those with FASD. This report seeks to bring
these matters to the attention of the Prime Minister and requests direction be given to:
a. A discussion between Ministers, FASD-CAN, the Disability Rights Commissioner and
Children’s Commissioner on the best mechanism to advance the issues in this paper,
including a potential Select Committee Inquiry or other type of Inquiry;
Requests immediate direction to the following:
b. Seeking a Cabinet decision to amend the current eligibility criteria to provide for those with
a diagnosis of FASD (regardless of the presence of an intellectual disability) be able to access
DSS if they are assessed as needing those services;
c. Ensuring there is a commitment to implementing the 2016-2019 FASD Action Plan, in
particular the actions relating to supports. These should be implemented in partnership with
those affected. New timeframes should be established with appropriate governance put in
place to support successful outcomes;
d. Establishing a Ministerial roundtable of relevant Ministers to bring sufficient awareness and
action to these issues and address the apparent gap in a cross-agency focus to the FASD
Action Plan;
e. Conducting an FASD Prevalence study in New Zealand to better understand the population
and appropriate targeting of resources.
f.
In developing Policy advice, consideration should be given to making it easier for people with
other impairments to access appropriate supports.
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