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Our response to the Key Issues for Comment contained in your Discussion Paper follows. You will note that throughout this document we have referred to "Advance Directives" as we feel strongly that this is a preferable term, for the reasons stated below.

In South Australia, the general terms 'advance directive', or 'living will', usually refer to any written statement that expresses a person's wishes and/or directions whilst of sound mind (ie not mentally incapacitated*), in advance of any possible loss of decision making ability that may occur in the future. Of the advance directives made by South Australians, only the following are legally recognised and binding.

The Public Advocate of Western Australia supports the concept of people with mental illnesses having significant and formalised input into the treatment of their illness. A pre-planning instrument such as a living will is a useful tool for people with fluctuating illnesses to contribute to their management while they are unwell.

The Public Guardian of New South Wales is the legal guardian of over 1300 people with decision making disabilities. Of these approximately 150 have a diagnosed mental illness. The arrival of the commission's discussion paper on living wills is therefore a welcome opportunity to consider the issue of living wills and people with an incapacity to make decisions.

There is a need for Living Wills in the area of mental health, and they must carry weight ie. Mental Health professionals must listen to and be bound by them.

This is a submission from Brad Wronski, senior member of the Individual Advocacy (mental health) Program, at Disability Action Inc., South Australia. This program has been in existence for 4 1/2 years, in which time we have provided advocacy to over 370 individuals with various forms and degrees of mental illness. Issues surrounding involuntary treatment currently account for over 10% of our work - hence our special interest in the topic of "Living Wills".

The message coming through loudly and clearly from consumers is that the introduction of Living Wills which have some legal force would mean an improvement in the recognition of their rights.

The Guardianship Tribunal has authority under the Guardianship Act 1987 (NSW) to appoint substitute decision-makers for adults with disabilities who are unable to make their own decisions. The Tribunal also has functions as a substitute decision-maker for medical and dental treatment proposed for adults unable to give a valid consent to their own treatment.

It is common in the legal commentary to refer to child sterilisation as if it is a gender neutral issue, [1] but the overwhelming majority of sterilisations and certainly all the cases heard by relevant Australian courts and tribunals, involve female children with intellectual disabilities. There is social problem at the centre of the debate about sterilisation.

This paper explores trends in telecommunications technologies and services, and their impact on accessibility for people with disabilities, having regard to the legislative background and regulatory framework in Australia. It reviews the major issues for access to telecommunications services and equipment for people with disabilities, recommending strategies for maximising access and minimising discrimination.

Advances in telecommunications technology are rapid, but people with disabilities have been left out of the loop. This is the major message of this discussion paper on access to telecommunications for people with disabilities.

Australia has a modern and competitive telecommunications industry. Universal access is envisaged for all Australians, wherever they reside or carry on business, to the standard telephone service and to payphones. Australia's telecommunications network is modern and efficient, and customers have a variety of means for telecommunications: fixed telephones, terrestrial or satellite wireless phones, and access to the Internet.

Background and Purpose Disability Statistics DDA Telecommunications Complaints Technology and Service Access Fixed Line Telephony Cellular Mobile Telephony Internet Connectivity Next Generation Networks Policy and Regulation Telecommunications Act 1997 TCPSS Act 1999 Disability Discrimination Act Consumer Representation and Consultation Major Issues for People with disabilities Disability Equipment Programs Any-to-any Text Connectivity Telecommunications Disability Standard Mobile Phones Videocommunication Payphones Overseas Developments Conclusion

THIRTY-FIVE short years, and presto! the newborn art of telephony is fullgrown. Three million telephones are now scattered abroad in foreign countries, and seven millions are massed here, in the land of its birth.So entirely has the telephone outgrown the ridicule with which, as many people can well remember, it was first received, that it is now in most places taken for granted, as though it were a part of the natural phenomena of this planet.

2.1 Introduction 2.2 Telephone Network Evolution 2.2.1 Mainstream Technology Developments 2.2.2 Customer Access Alternatives 2.2.3 Implications for People with Disabilities 2.3 Wireless Communications 2.3.1 Mainstream Developments in Mobile Telecommunications 2.3.2 Implications for People with Disabilities 2.4 Development of the Internet 2.4.1 Mainstream Internet Development 2.4.2 World Wide Web 2.4.3 Media Streaming 2.4.4 Customer Access to the Internet 2.4.5 Implications for People with Disabilities 2.5 Next Generation Networks and Convergence 2.6 Telstra and Optus Initiatives 2.6.1 Telstra