{"id":435170,"date":"2026-05-19T15:14:18","date_gmt":"2026-05-19T15:14:18","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/435170\/"},"modified":"2026-05-19T15:14:18","modified_gmt":"2026-05-19T15:14:18","slug":"disability-support-services-bill-worst-piece-of-legislation-ive-ever-seen-advocate-2","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/435170\/","title":{"rendered":"Disability Support Services Bill \u2018worst piece of legislation I\u2019ve ever seen\u2019 \u2013 advocate"},"content":{"rendered":"<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">The legislation would reduce the Crown\u2019s exposure to fiscal and litigation risks, following that ruling.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">Advocate Jane Carrigan said family carers should clearly be considered employees, they were doing what was recognised as the <a href=\"https:\/\/www.nzherald.co.nz\/nz\/politics\/a-new-era-major-overhaul-of-disability-support-will-see-new-ministry-for-disabled-people\/7WQJJERKFN4ZDTD4B4XYEWNMGE\/\" target=\"_blank\" rel=\"noreferrer nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/nz\/politics\/a-new-era-major-overhaul-of-disability-support-will-see-new-ministry-for-disabled-people\/7WQJJERKFN4ZDTD4B4XYEWNMGE\/\">Government\u2019s responsibility.<\/a><\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cThey\u2019re providing disability support services. The Government\u2019s responsible, notwithstanding it bending over backwards in this legislation to suggest they aren\u2019t, for providing disability support services.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">There were \u201c40-odd\u201d people with family care-related cases filed with the Employment Relations Authority, who should be allowed to have them heard, she said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">This bill would pull the rug on their only chance at legal remedy, she said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cAll this, this piece of legislation is doing is <a href=\"https:\/\/www.nzherald.co.nz\/nz\/politics\/government-taken-to-court-over-tectonic-changes-to-disability-funding\/UDNASSWTT5BA3KXH32FH6KLYDE\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/nz\/politics\/government-taken-to-court-over-tectonic-changes-to-disability-funding\/UDNASSWTT5BA3KXH32FH6KLYDE\/\">limiting remedies for those people with the highest needs.\u201d<\/a><\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">She likened the bill\u2019s proposed changes to \u201cPart 4A\u201d \u2013 a law that was in place from 2013 to 2020 that allowed some people to be paid for caring for their disabled family members, while inhibiting others.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">Part 4A also prevented disabled people and their families from taking their complaints to the Human Rights Commission, or taking any legal proceedings on the basis of discrimination to their human rights.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cIt\u2019s cruel and perverse &#8230; It has to be the worst piece of legislation I\u2019ve ever seen.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">Carrigan said she was glad the bill had not been entered under urgency, as she would be fighting it throughout the select committee process.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cI\u2019ll be making the most of the fact that it\u2019s going through a standard committee, and I can tell you there will be a lot more like me.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">Family carers had been failed by the system, Carrigan said.<\/p>\n<p><img  alt=\"Minister Louise Upston says she wants a new support package for carers by the end of the year. Photo \/ Mark Mitchell\" class=\"article-media__image responsively-lazy\" data-test-ui=\"article-media__image\"\/>Minister Louise Upston says she wants a new support package for carers by the end of the year. Photo \/ Mark Mitchell<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cFamily carers are completely isolated. This is not a system that cares about them. This is a system that suddenly worry it might have to pay for the disability support services they\u2019re providing.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">Disability Issues Minister Louise Upston told RNZ there had \u201cnever been an expectation\u201d that the Ministry of Social Development would employ family member support workers.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">The bill would not affect the two already successful claims, but there were better ways to support family carers, she said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cI have commissioned further work in this space and will be consulting on a package for carers.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">She said that work was \u201cclearly overdue\u201d, and she would like to have that package by the end of the year.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cWe do need to make sure that it\u2019s fair, transparent, and sustainable,\u201d she said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">At the moment, the disabled person themselves could be considered to be employing their family member as a support worker, Upston said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cWhen somebody doesn\u2019t have the means to be able to do that as a disabled person, we need to look at how do we better legally protect them.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">In some cases, a third party called an \u201cagent\u201d was considered to be the employer.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">The bill clarified that Disability Support Services (DSS) funding was a \u201ccontribution\u201d towards disabled people being able to live an everyday life, Upston said.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u201cIt makes clear that families and wh\u0101nau have responsibility for the wellbeing of their members in the first instance and where appropriate.\u201d<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">This did not mean DSS would not help where disabled people\u2019s families were supporting them, she added.<\/p>\n<p class=\"mplxTcLUMibHPxLgQP\" style=\"display:none\">\u2013 RNZ<\/p>\n","protected":false},"excerpt":{"rendered":"The legislation would reduce the Crown\u2019s exposure to fiscal and litigation risks, following that ruling. Advocate Jane Carrigan&hellip;\n","protected":false},"author":2,"featured_media":435171,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[13038,16574,1054,6440,42,132905,21080,20513,43,1118,6943,9615,7812,1321,1886,40,38,41,39,8598],"class_list":["post-435170","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-advocate","tag-bill","tag-disability","tag-ever","tag-headlines","tag-ibell","tag-ive","tag-legislation","tag-news","tag-of","tag-paris","tag-piece","tag-seen","tag-services","tag-support","tag-top-news","tag-top-stories","tag-topnews","tag-topstories","tag-worst"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/435170","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=435170"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/435170\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/435171"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=435170"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=435170"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=435170"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}