Chapter 1 - Introduction and background

[1]        Journals of the Senate, No. 78, 6 December 2017, p. 2494.

[2]        The following section is based on information provided in Department of Health, Submission 98, and Department of Infrastructure, Regional Development and Cities, website Importing Vehicles into Australia: Import options, https://infrastructure.gov.au/vehicles/imports/import_options/orneao.aspx (accessed 2 July 2018), p. 5.

[3]        Department of Health, Submission 98, p. 4.

[4]        Department of Infrastructure, Regional Development and Cities, website Importing Vehicles into Australia: Import options, https://infrastructure.gov.au/vehicles/imports/import_options/orneao.aspx (accessed 2 July 2018), p. 5.

[5]        See, for example, Mr Sean Corcoran, Submission 5, Mr Peter Mitchell, Submission 13, Mr Ray Jordan, Submission 23, Mr Kevin Finlayson, Submission 27, Ms Marg Bell, Submission 41, and Ms Stacey Christie, Submission 66.

[6]        Australian Competition and Consumer Commission, Mobility scooter usage and safety survey report, September 2012, pp 7–8.

[7]        See for example, Ms Marg Bell, Submission 41, Ms Helen Mikolaj, Submission 46, Council on the Ageing (Victoria), Submission 49, Mr Joanne Berry, Submission 51, and Ms Stacey Christie, Submission 66.

[8]        Ms Stacey Christie, Submission 66, p. 1.

[9]        Tasmanian Department of Health and Human Services, Submission 50, p. 1.

[10]      Department of Health, Submission 98, p. 6.

[11]      The Essential Principles set out the design and manufacturing requirements for medical devices. The manufacturer must apply appropriate conformity assessment procedures to ensure compliance of their devices with the Essential Principles, to ensure – and be able to demonstrate – that the device is safe and performs as intended.

[12]      Department of Health, Submission 98, p. 6.

[13]      Department of Health, Submission 98, p. 6.

[14]      Department of Health, Submission 98, p. 6.

[15]      The sponsor is the person or entity in Australia importing, exporting or manufacturing the device and is responsible for the inclusion of the device in the ARTG. It may be the case that, in practice, a sponsor may not have a direct relationship with the end user of the medical device. A sponsor's responsibility is a result of their role in importing, exporting or manufacturing the medical device, which can then be supplied through distribution chains in the medical or consumer sectors.

[16]      Department of Health, Submission 98, p. 6.

[17]      The Department of Health's submission stressed that an adverse event report does not mean that the medical device is the cause of the adverse event.

[18]      Department of Health, Submission 98, p. 7.

[19]      Department of Health, Submission 98, p. 7.

[20]      Department of Health, Submission 98, p. 7.

[21]      Department of Health, Submission 98, p. 7.

[22]      Department of Health, Submission 98, p. 4.

[23]      Cited in Department of Health, Submission 98, p. 5.

[24]      Department of Health, Submission 98, p. 5.

[25]      Department of Health, Submission 98, p. 5.

[26]      Department of Health, Submission 98, p. 5.

[27]      Department of Health, Submission 98, p. 3.

[28]      Department of Health, Submission 98, p. 3.

[29]      Department of Health, Submission 98, pp 3–6.

[30]      Department of Health, Submission 98, p. 3.

[31]      Department of Health, Submission 98, p. 5.

[32]      Department of Health, Submission 98, pp 5–6.

[33]      Department of Health, Submission 98, p. 6.

[34]      Department of Infrastructure, Regional Development and Cities, Submission 125, p. 2.

[35]      Department of Infrastructure, Regional Development and Cities, Submission 125, p. 2.

[36]      Department of Infrastructure, Regional Development and Cities, Submission 125, p. 2.

[37]      Johnson, M., Rose, G. and Oxley, J., Australasian Transport Research Forum 2013 Proceedings, Motorised mobility scooters – understanding a growing transport mode for older Australians, October 2013, p. 1.

[38]      Muscular Dystrophy Queensland, Submission 121, [p. 3].

[39]      Johnson, M., Rose, G. and Oxley, J., Australasian Transport Research Forum 2013 Proceedings, Motorised mobility scooters – understanding a growing transport mode for older Australians, October 2013, p. 1.

Chapter 2 - Motorised mobility devices and the issue of safety

[1]        Various submissions to the inquiry raised concerns about the safety of mobility devices in general. However, a number of submissions which refer to specific accidents, incidents, or near misses (involving themselves or a family member) tend to identify the device involved as a 'mobility scooter'.

[2]        See, for example, Mr Ian Keith, Submission 6, Dr Colin Sheppard, Submission 8, Dr Trevor Hodson, Submission 15, Mr Frederick Charles, Submission 21, Ms Annette Philpott, Submission 34 and Ms Kathryn and Mr Mark Rorke, Submission 45.

[3]        Ms Jacqueline Walling, Submission 1, p. 1.

[4]        Ms Jacqueline Walling, Submission 1, p. 1.

[5]        Mr Frederick Charles, Submission 21, p. 2.

[6]        Mr Patrick Whitton, Submission 62, p. 1.

[7]        Mr Patrick Whitton, Submission 62, p. 2.

[8]        Mr Patrick Whitton, Submission 62, p. 1.

[9]        Mr Patrick Whitton, Submission 62, p. 2.

[10]      Dr Colin Sheppard, Submission 8, p. 1.

[11]      See, for example, Mr Ian Keith, Submission 6, p. 1, Mr Richard Bunting, Submission 9, p. 1, Dr Trevor Hodson, Submission 15, p. 1, Mr Ray and Ms Judy Taylor, Submission 16, p. 1, Mr Nigel Caswell, President, People with Multiple Sclerosis Victoria, Submission 18, p. 2, Ms Annette Philpott, Submission 34, p. 1, Ms Kathryn and Mr Mark Rorke, Submission 45, p.1, Mr Patrick Whitton, Submission 62, [p. 3], Ms Jenny Linton-Webb, Submission 67, p. 1, Ms Nancy Capel, Submission 69, [p. 2], Pedestrian Council of Australia, Submission 115, [p. 2] and Ms Linda McDouall, Submission 119, p. 1.

[12]      Australian Competition and Consumer Commission, Submission 87, p. 2.

[13]      Australian Competition and Consumer Commission, Submission 87, p. 2.

[14]      Australian Competition and Consumer Commission, Submission 87, p. 4.

[15]      Australian Competition and Consumer Commission, Submission 87, p. 3.

[16]      Australian Competition and Consumer Commission, Submission 87, p. 3.

[17]      The ACCC noted in its submission that it had only received a small number of reports relating to motorised mobility devices since 2010, so it was not possible to provide any updated trend analysis in relation to injuries.

[18]      Monash University, Department of Forensic Medicine, Targeted Study of Injury Data Involving Motorised Mobility Scooters: A report commissioned by the Australian Competition and Consumer Commission, March 2011, p. 5.

[19]      Monash University, Department of Forensic Medicine, Targeted Study of Injury Data Involving Motorised Mobility Scooters: A report commissioned by the Australian Competition and Consumer Commission, March 2011, pp 43–44.

[20]      This section of the report is based on information contained in Mobility scooter usage and safety survey report: A collaborative project involving the Australian Competition and Consumer Commission, NRMA Motoring and Services, CHOICE, EnableNSW and Flinders University, September 2012.

[21]      Those participants aged 18 years and over (who were asked to complete the shorter version of the survey) were weighted by age, gender, location and highest level of schooling completed to represent the Australian adult population.

[22]      Mobility scooter usage and safety survey report: A collaborative project involving the Australian Competition and Consumer Commission, NRMA Motoring and Services, CHOICE, EnableNSW and Flinders University, September 2012, p. 2.

[23]      Monash University Department of Forensic Medicine, Submission 92, p. 1.

[24]      The data provided by the Monash University Department of Forensic Medicine relates to mobility scooters, or as the Monash DFM refers to them, motorised mobility scooters – abbreviated to MMS. The information provided by the Monash DFM excludes electric wheelchairs.

[25]      Monash University Department of Forensic Medicine, Submission 92, p. 1.

[26]      Monash University Department of Forensic Medicine, Submission 92, p. 1.

[27]      Monash University Department of Forensic Medicine, Submission 92, pp 1–2.

[28]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[29]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[30]      This section of the report is based on information contained in CQUniversity Australia, Submission 97 and Professor Carolyn Unsworth, CQUniversity Australia, Committee Hansard, 23 July 2018, pp 23–35.

[31]      For the purposes of its inquiry, the Staysafe Committee defined 'non-registered vehicles' as vehicles which are mechanically powered and which are not required to be registered on NSW roads.

[32]      Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, Report 3/55, March 2014, p. 1.

[33]      Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, Report 3/55, March 2014, p. 98.

[34]      Link to NSW Staysafe Committee's report: Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, Report 3/55, March 2014, https://www.parliament.nsw.gov.au/ladocs/inquiries/2009/Non-registered%20Motorised%20Vehicles.PDF

[35]      This section is based on information contained in Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, Report 3/55, March 2014, pp 98–107.

[36]      NSW Government response to recommendations in the Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, 17 September, 2014.

[37]      NSW Government response to recommendations in the Parliament of New South Wales, Joint Standing Committee on Road Safety (Staysafe), Report on Non-Registered Motor Vehicles, 17 September, 2014.

[38]      Australian Competition and Consumer Commission, Submission 87, p. 1.

[39]      Mr Corey Irlam, Council on the Ageing Australia, Committee Hansard, 23 July 2018, p. 10.

[40]      See, for example, Ms Judi Potts, Submission 2,  Ms Robyn Hall, Submission 19, Mr Peter Fraser, Submission 28, Council on the Ageing Australia, Submission 101, p. 3,  Multiple Sclerosis Australia, Submission 96, p. 3, Combined Pensioners and Superannuants Association, Submission 65, p. 4.

[41]      Mr Peter Mitchell, Submission 13, p. 2.

[42]      Miss Stacey Christie, Submission 66, p. 1.

[43]      COTA Australia, Submission 101, p. 5.

[44]      See, for example, Dr Colin Sheppard, Submission 8 and Mr Paul Brand, Submission 55.

[45]      Ms Jacqueline Stalling, Submission 1, p. 2.

[46]      See, for example, Ms Judi Potts, Submission 2, Youth Disability Advocacy Network, Submission 7, Mr Arthur Comer, Submission 17, Mr Pete Reed, Submission 32, Mr Ron Henney, Submission 42 and Miss Stacey Christie, Submission 66.

[47]      Youth Disability Advocacy Network, Submission 7, p. 1.

[48]      See, for example, Mr Peter Mitchell, Submission 13, Dr Colin Sheppard, Submission 8, Dr Trevor Hodson, Submission 15, Ms Judy and Mr Ray Taylor, Submission 16 and Mr Jim Ashenden, Submission 59.

[49]      Mr Ray Jordan, Submission 23, [p. 3].

[50]      See, for example, Youth Disability Advocacy Network, Submission 7, Miss Erin Condrin, Submission 52, Mr John Moxon, Submission 56 and Miss Stacey Christie, Submission 66.

[51]      Darebin Disability Advisory Committee, Submission 102, p. 2.

[52]      NSW Council of Social Service, Submission 78, p. 1.

[53]      NSW Council of Social Service, Submission 78, p. 2.

[54]      NSW Council of Social Service, Submission 78, p. 2.

[55]      NSW Council of Social Service, Submission 78, p. 2.

[56]      See, for example, Mr Richard Bunting, Submission 9, p. 1, Dr T. Hodson, Supplementary Submission 15, p. 1, Mr Charles Nicholson, Submission 44, p. 5.

[57]      Mortenson, B. and Kim, J., Scoping Review of Mobility Scooter-Related Research Studies, Journal of Rehabilitation Research and Development 53, No. 5, 2016, cited in Combined Pensioners and Superannuants Association, Submission 65, p. 5.

[58]      Austroads Ltd, Submission 64, p. 2.

[59]      Austroads Ltd, Submission 64, p. 2.

[60]      Austroads Ltd, Submission 64, p. 3.

[61]      Australian Competition and Consumer Commission, Submission 87, pp 2–3.

[62]      Australian Competition and Consumer Commission, Submission 87, p. 3.

[63]      Australian Competition and Consumer Commission, Submission 87, p. 3.

[64]      Cassell, E. and Clapperton, A., Consumer product-related injury (2): Injury related to the use of mobility scooters, Hazard, Edition No. 62, 2006, p. 2.

[65]      Cassell, E. and Clapperton, A., Consumer product-related injury (2): Injury related to the use of mobility scooters, Hazard, Edition No. 62, 2006, p. 2.

[66]      Cassell, E. and Clapperton, A., Consumer product-related injury (2): Injury related to the use of mobility scooters, Hazard, Edition No. 62, 2006, p. 6.

[67]      Cassell, E. and Clapperton, A., Consumer product-related injury (2): Injury related to the use of mobility scooters, Hazard, Edition No. 62, 2006, p. 2.

[68]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[69]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[70]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[71]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[72]      See, for example, Combined Pensioners and Superannuants Association, Submission 65, p. 5, and Monash University Department of Forensic Medicine, Submission 92,p. 5.

[73]      Professor Joan Ozanne-Smith, Monash University Department of Forensic Medicine, Committee Hansard, 23 July 2018, p. 26.

[74]      This section of the report is based on information provided in Austroads Ltd, Submission 64 and Mr Nick Koukoulas, Chief Executive, Austroads Ltd, Committee Hansard, 23 July 2018, pp 45–57.

[75]      Austroads abbreviates the words 'motorised mobility device' to MMD in its submission.

[76]      Austroads Ltd, Submission 64, p. 4.

[77]      Austroads Ltd, Submission 64, p. 4.

[78]      Austroads Ltd, Submission 64, p. 5.

[79]      Austroads Ltd, Submission 64, p. 5.

[80]      Austroads Ltd, Submission 64, p. 5.

[81]      Austroads Ltd, Submission 64, p. 6.

[82]      It is noted that there are, however, provisions to ensure that existing motorised mobility devices, manufactured prior to the introduction of the ASTS certification scheme can continue to be used safely in public areas or on public transport (if DSAPT compliant) and if deemed fit for purpose prior to the implementation of the ASTS.

[83]      Austroads Ltd, Submission 64, p. 6.

Chapter 3 - Regulations governing the use of motorised mobility devices

[1]        The Transport and Infrastructure Council is made up of the ministers responsible for road safety matters in each state and territory, and the Commonwealth minister responsible for transport matters.

[2]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Austroads Ltd, Submission 64, p. 2 and National Transport Commission Submission 68, p. 2.

[3]        Under the Australian Road Rules, the term 'motorised wheelchair' refers to a chair that is mounted on two or more wheels, which is built to transport a person who is unable to walk or has difficulty walking, and which is propelled by a motor.

[4]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Part 14, Rule 18.

[5]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Part 14.

[6]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Rule 15.

[7]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Rule 16.

[8]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Parts 3–13, 16 and 18.

[9]        Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Rule 288.

[10]      Parliamentary Counsel's Committee, Australian Road Rules, as at 19 March 2018, Sub-Rule 288(3).

[11]      Based on information provided in Current NSW Road Rules and Laws in NSW, website https://www.advancedscooters.com.au/current-nsw-road-rules-and-laws (accessed 14 August 2018) and NSW Government, Submission 106.

[12]      The term mobility device is used by the New South Wales Government to vehicles, including motorised wheelchairs and mobility scooters that are specially constructed as a mobility aid for people with a disability and meet the classification of a 'non road' motorised wheelchair under the Motor Vehicle Standards (Road Vehicles) Determination 2017.

[13]      South Australian Department of Planning Transport and Infrastructure, Information Sheet 8, Version 6, Motorised mobility scooters, website https://dpti.sa.gov.au/__data/assets/pdf_file/0014/141620/Info_Sheet_8_June_2015_Web.pdf (accessed 27 August 2018).

[14]      The South Australian Department of Planning, Transport and Infrastructure note that motorised mobility scooters are also known as mobility scooters, motorised wheelchairs or gophers.

[15]      Based on information provided in Royal Automobile Club Victoria (RACV), Motorised mobility devices, website, https://www.racv.com.au/on-the-road/driving-maintenance/road-safety/road-rules/motorised-mobility-devices.html (accessed 27 August 2018) and Darebin Disability Advisory Committee, Submission 102, p. 1.

[16]      Tasmanian Department of Health and Human Services, Submission 50, p. 1.

[17]      Tasmanian Department of Health and Human Services, Submission 50, p. 1.

[18]      Tasmanian Department of Health and Human Services, Submission 50, p. 1.

[19]      Based on information provided in Government of Western Australia, Road Safety Commission, website, https://www.rsc.wa.gov.au/Your-Safety/Safety-Topics/Seniors (accessed 27 August 2018).

[20]      Based on information provided in Queensland Department of Transport and Main Roads, Registration, website, https://www.qld.gov.au/transport/registration/register/wheelchair (accessed 14 August 2018) and Brisbane City Council, Submission 53.

[21]      Based on information contained in Northern Territory Department of Infrastructure, Planning and Logistics, Submission 70, p. 2.

[22]      Based on information provided in ACT Government, Submission 103, [p. 2].

[23]      Ms Marg Bell, Submission 41, p. 1.

[24]      Ms Marg Bell, Submission 41, p. 1.

[25]      See, for example, Mr R. Fountain, Submission 12 and Supplementary Submission 12, Ms Joanne McWatters, Submission 30, Ms Saverina Cardamone, Submission 36, Mr John Moxon, Submission 56 and Ms Stacey Christie, Submission 66.

[26]      Mr Ray Jordan, Submission 23, [p. 2].

[27]      Ms Erin Condrin, Submission 52, [p. 1].

[28]      As the NDIS continues to roll out across Australia, it will be the agency responsible for the provision of mobility devices, such as mobility scooters, motorised wheelchairs and other mobility equipment. Older Australians who are not eligible for the NDIS will also be able to obtain mobility devices from schemes which are currently in place.

[29]      See, for example, Mr R. Fountain, Submission 12 and Supplementary 12, Ms Joanne McWatters, Submission 30, Ms Saverina Cardamone, Submission 36, Mr John Moxon, Submission 56, Ms Stacey Christie, Submission 66, NSW Council of Social Services, Submission 78, Physical Disability Council of NSW, Submission 79 and Queenslanders with Disability Network, Submission 82.

[30]      Office of the Public Advocate (Victoria), Submission 63, p. 3.

[31]      Office of the Public Advocate (Victoria), Submission 63, p. 3.

[32]      United Nations Human Rights, Office of the Commissioner, website: https://www.ohchr.org/en/professionalinterest/pages/olderpersons.aspx (accessed 21 August 2018).

[33]      United Nations, Department of Economic and Social Affairs, Division for Inclusive Social Development, website https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/guiding-principles-of-the-convention.html (accessed 23 August 2018).

[34]      United Nations, Department of Economic and Social Affairs, Division for Inclusive Social Development, website https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-20-personal-mobility.html (accessed 23 August 2018).

[35]      Australian Human Rights Commission, Frequently asked questions: Access to premises, website https://www.humanrights.gov.au/frequently-asked-questions-access-premises#footpath (accessed 23 August 2018).

[36]      Australian Human Rights Commission, Frequently asked questions: Access to premises, website https://www.humanrights.gov.au/frequently-asked-questions-access-premises#footpath (accessed 23 August 2018).

[37]      The Australian Human Rights Commission has determined that in these circumstances, an assessment would be required in relation to what is fair and reasonable in the circumstances, taking into account issues such as financial costs, and weighing the potential benefits of access or use to persons with disabilities against the detriment to the discriminator in providing that access or use.

[38]      Australian Human Rights Commission, Guidelines on application of the Premises Standards, website https://www.humanrights.gov.au/guidelines-application-premises-standards (accessed 14 August 2018).

[39]      Austroads Ltd, Submission 64, p. 3.

[40]      Austroads Ltd, Submission 64, p. 3.

[41]      See, for example, Ms Jacqueline Walling, Submission 1, Mr Ian Keith, Submission 6, Dr Colin Sheppard, Submission 8, Mr Peter Mitchell, Submission 13, Ms Judy and Mr Ray Taylor, Submission 16, Mr Ron Henney, Submission 42, Ms Helen Mikolaj, Submission 46 and Mr Paul Brand, Submission 55.

[42]      Ms Stacey Christie, Submission 66, [p. 3].

[43]      Mr Terry Flower, Submission 60, p. 1.

[44]      Mr Terry Flower, Submission 60, p. 2.

[45]      Based on information provided in Current NSW Road Rules and Laws in NSW, website https://www.advancedscooters.com.au/current-nsw-road-rules-and-laws (accessed 14 August 2018) and NSW Government, Submission 106.

[46]      Based on information provided in South Australian Department of Planning, Transport and Infrastructure, Information Sheet 8, Version 6, Motorised mobility scooters, website https://dpti.sa.gov.au/__data/assets/pdf_file/0014/141620/Info_Sheet_8_June_2015_Web.pdf (accessed 14 August 2018).

[47]      Darebin Disability Advisory Committee, Submission 102, p. 1.

[48]      Tasmanian Department of State Growth, Transport, Registration: Wheelchairs, website https://www.transport.tas.gov.au/registration/information/wheelchairs (accessed 27 August 2018).

[49]      Based on information contained in Western Australia Department of Transport, website License a motorised wheelchair, https://www.transport.wa.gov.au/licensing/license-a-motorised-wheelchair.asp (accessed 27 August 2018).

[50]      Based on information contained in Queensland Department of Transport and Main Roads, website https:/www.qld.gov.au/transport/registration/register/wheelchair (assessed 14 August 2018).

[51]      The Queensland Department of Transport and Main Roads refers to motorised mobility devices as 'motorised wheelchairs' rather than 'mobility scooters'.

[52]      Northern Territory Department of Infrastructure, Planning and Logistics, Submission 70, p. 2.

[53]      Brisbane City Council, Submission 53, [p. 2].

[54]      Brisbane City Council, Submission 53, [pp 2-3].

[55]      Brisbane City Council, Submission 53, [p. 1].

[56]      Brisbane City Council, Submission 53, [p. 1].

[57]      Office of the Public Advocate (Victoria), Submission 63, p. 4.

[58]      In June 2008, the NSW Government released its Guide to Better Regulation. The Guide outlines the requirements for best practice regulation-making across government, with agencies required to apply the seven 'better regulation principles' to avoid the creation of red tape in new regulatory proposals and reduce existing red tape (as legislation is reviewed).

[59]      NSW Government, Submission 106, p. 4.

[60]      Mr Charles Nicholson, Submission 44, p. 3.

[61]      NSW Department of Roads and Maritime Services, website http://www.rms.nsw.gov.au/roads/registration/get-nsw-registration/vehicle-sheets/tractor.html, (accessed 20 August 2018).

[62]      Mr Charles Nicholson, Submission 44, p. 3.

[63]      Ms Helen Mikolaj, Submission 46, [p. 1].

[64]      Ms Helen Mikolaj, Submission 46, [p. 1].

[65]      Dr Gary Musselwhite, Submission 61, [p. 4].

[66]      Dr Gary Musselwhite, Submission 61, [p. 4].

[67]      Dr Gary Musselwhite, Submission 61, [p. 4].

[68]      Some submitters suggested that these assessments should be undertaken by a general practitioner or other medical specialist, while a number recommended these assessments could be undertaken by an occupational therapist.

[69]      See, for example, Ms Jacqueline Walling, Submission 1, p. 2, Mr John McQuiggin, Submission 11, Mr Peter Mitchell, Submission 13, Mr Nigel Caswell, President, People with Multiple Sclerosis Victoria, Submission 18, Mr Kevin Finlayson, Submission 27, Ms Liz Black, Submission 39, Ms Margaret Bayley, Submission 48, Mr Paul Brand, Submission 55 and Ms Jenny Linton-Webb, Submission 67.

[70]      Ms Anita Volkert, National Manager, Professional Practice and Development, Occupational Therapy Australia, Committee Hansard, 23 July 2018, p. 24.

[71]      Professor Carolyn Unsworth, CQUniversity Australia, Committee Hansard, 23 July 2018, p. 25.

[72]      Office of the Public Advocate (Victoria), Submission 63, p. 2.

[73]      See, for example, Ms Jacqueline Walling, Submission 1, Mr John Halford, Submission 10, Mr Peter Mitchell, Submission 13, Mr Trevor Hodson, Submission 15, Mr Ray Jordan, Submission 23, Ms Liz Black, Submission 39 and Miss Joanne Berry, Submission 51.

[74]      Mr Nigel Caswell, President, People with Multiple Sclerosis Victoria, Submission 18, [p. 4].

[75]      See, for example, Mr R Fountain, Supplementary Submission 12, Ms Yvonne Sartori, Submission 14, Mr Arthur Comer, Submission 17, Ms Robyn Hall, Submission 19 and Miss Stacey Christie, Submission 66.

[76]      Mr Russell Anderson, Submission 3, p. 1.

[77]      Ms Robyn Hall, Submission 19, p. 1.

[78]      Mr Peter Fraser, Submission 28, p. 1.

[79]      Office of the Public Advocate (Victoria), Submission 63, p. 4.

[80]      Office of the Public Advocate (Victoria), Submission 63, p. 4.

[81]      Office of the Public Advocate (Victoria), Submission 63, p. 3.

Chapter 4 - Conclusions and Recommendations

[1]        Australian Human Rights Commission, Face the facts: Disability Rights, website https://www.humanrights.gov.au/face-facts-disability-rights (accessed 24 August 2018).

[2]        The Transport Standards prescribe minimum requirements to be met by transport operators and providers and includes performance requirements and timeframes for compliance. By December 2022, operators and providers are required to ensure that all public transport services (except trains and trams) fully comply with the relevant Standards.

[3]        Australian Human Rights Commission, Face the facts: Disability Rights, website https://www.humanrights.gov.au/face-facts-disability-rights (accessed 24 August 2018).

[4]        Australian Human Rights Commission, Disability discrimination at top of Commission complaints data, website https://www.humanrights.gov.au/news/stories/disability-discrimination-top-commission-complaints-data  (accessed 30 August 2018).

[5]        Australian Institute of Health and Welfare, Demographics of older Australians, website https://www.aihw.gov.au/reports/older-people/older-australia-at-a-glance/contents/demographics-of-older-australians (accessed 29 August 2018).

[6]        COTA Australia, Submission 101, p. 3.