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NGO PERSPECTIVES for Full Participation and Equality

Task force on Legislation

The Task Force Coordinator for "Legislation", JB Munro, New Zealand, with his colleague Graham McKinstry collected information on legislation concerning persons with disabilities in AP region. This energetic work covered 14 Pacific countries and 25 Asian countries.

In this RNN Report we re-arranged the information from country by country one to topic to topic one to make comparison easier. However, provably due to characteristics of the original data sources, categories (topics) of the information are different between Pacific and Asia, and therefore this report has two parts: part 1 on Pacific and Part 2 on Asia.

We deeply appreciate the historical work JB Munro and Graham McKinstry had done and hope more information would be added by many resources persons in the RNN network on the top of this data-base. This information will be used to improve legislation concerning persons with disabilities in this region. We also thank Mari Oho, Japan, for her work to re-arrange the data sent from New Zealand.

Hisao Sato, RNN Research Coordinator

Part 1

Part 1
NAME OF COUNTRY 2.1 To establish a suitable mechanism to examine and identify all substantive and procedural laws, such as those covering inheritance, marriage and properties, as well as criminal and civil procedure codes and policy provisions on various subjects.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4) : 4
Australian Commonwealth law has adopted all major UN conventions on human rights, including rights of children and persons with disabilities. It has a sophisticated legal text system so that legal information is readily accessible.
Australian states all have guardianship laws in respect of persons who are unable to manage property or welfare. Claims may be made against estates for reasonable provision for persons who were dependent upon the testator.
There is no impediment to marriage for persons with a disability.
There is a presumption of sanity until the contrary is proved, and criminal responsibility cannot be imparted to persons unable to understand the nature and quality of acts or omissions.
Australian states all have offences to engage in sexual relations with a person with an intellectual disability.
COOK ISLANDS Score ( 0>4) : 2
The Cook Islands has a system of consolidating statutes. The last consolidation was in 1994 with law to May 1994, and with annual legislation published after that date.
Estates and Inheitance. NZ Law applies.
Marriage. There s no impediment to marriage for persons with a disability.
Criminal Codes. There is a presumption of sanity until proved otherwise. No person may be convicted if he was labouring under natural imbecility or disease of the mind to such an extent to render him incapable of understanding the nature and quality of t

There is an offence of having sexual intercourse with a woman or a girl who is an idiot or imbecile.

FEDERATED STATES OF MICRONESIA Score ( 0>4)
The laws of FSM have all been codified.
Criminal Codes..
There is a defence to an allegation if the Court upon competent medical advice or other evidence decides that the accused was so insane that he did not know the nature and quality of his act. Similarly a person is not responsible for criminal conduct if h
It is a crime to deprive persons of their civil rights.
There is an offence of aggravated sexual assault where the victim was mentally or physically incapable of resisting.
MARSHALL SLANDS Score ( 0>4) : 2
The law of the constituent territories of the Marshall Islands was developed into a Code in 1975, and that Code was last revised to 1988. (Laws after 1990 not held at USP)
Estates and Inheritance. There is no prohibition to any person with a disability from inheriting an equal share of property.
Marriage. There is no impediment to marriage for any person with a disability.
Property. A provision for the appointment of a guardian for persons unable to manage their property or welfare exists under Title 25 of the Code.
Criminal Codes. There is a potential finding of insanity if a person was unable to know the quality and nature of his action.
NAURU Score ( 0>4) : 3
Nauru has a system of reprinting statutes, the last consolidation being to 1999.
Estates and Inheritance. Under the Succession, Probate and Administration Act 1976, if intestacy occurs, there is equal division between children. There is a power to appoint a Curator to administer intestate estates. There is no provision for making a cl
Marriage. There is no impediment to marriage for persons with a disability.
Criminal Codes. There is a presumption of sanity unless proved otherwise. A person cannot be tried if " he is in a state of mental disease or natural mental infirmity as to deprive him of the capacity to understand what he is doing, or the capacity to con
There is an offence of having unlawful carnal knowledge of a woman or girl, knowing her to be an idiot or imbecile.
There is a duty to provide the necessaries of life.
NIUE Score ( 0>4) : 3
In 1990, Victoria University, Wellington, completed the first full consolidation of the laws of Nuie. The last material available at USP was dated 1997. The main legislation remains the NZ Niue Act.
Estates and Inheritance. Intestate Succession determined by custom or under NZ Administration Act.
Marriage. There is no impediment to marriage for a person with a disability.
Property. Trustees for Niueans, Section 500 et seq.
Applies to any Niuean who is entitled to any interest in "any property, (other than an interest in Niuean land)". The jurisdiction is invested in the Land Court. It applies to any person under disability", being a minor, or of unsound mind, subject to any
If an order is made, it must state the nature of the disability or minority. The Court may define or limit the powers of the trustee/s, and the property must remain in trust.
Criminal Codes.
Section 238 Common Law defences to Criminal Charges." All rules and principles of the common law which render any circumstances a justification or excuse for any action, or defence to any charge remain in force..."
Part XXVI Persons of Unsound Mind.
Section 600 A "Medical Officer" may make application to the High Court for an order committing any person to medical custody on the grounds that the person is of unsound mind. Requires certificates of Director of Health or 2 Medical Officers that the pers
Section 616 Any person charged with an offence in the High Court found to be of unsound mind so that he cannot understand the nature of proceedings shall not be tried but maybe detained at the Governor Generals pleasure. See also Section 620, a finding of
A person who has charge of another who is unable to provide himself with the necessaries of life and care for himself by reason of age, sickness, insanity or any other cause is required to provide necessaries of life, and may be charged with omitting to p
It is an offence to have sexual relations with any woman or girl who is an idiot or imbecile.
PAPUA
NEW GUINEA
Score ( 0>4) : 2
Criminal Code. There is a presumption of soundness of mind. There cannot be criminal responsibility if at the time of he offence, the person was in such a state of mental disease or natural mental infirmity as to deprive him of the capacity to understand
There is an offence if a person, knowing a woman or girl to be an idiot or imbecile has or attempts to have unlawful carnal knowledge of her.
There is a duty to provide the necessaries of life to a person who is unable by reason of age sickness, or unsoundness of mind to provide for themselves.
SAMOA
[Statutory Reprints from 1978 to 1996 states law to 1/1/97. Older reprint series must be consulted for period prior to 1978. USP holds these reprints plus 1 volume for 1998 (in which there is nothing of relevance). USP also has obtained legislation till 2001 but this was not available as it was away to be scanned into the database. However this most probably will not be available for a month or more (from 21 /5).]
Score ( 0>4) : 3
Samoa has a system of reprinting statutes, with the last consolidation being to 1997. Samoa has are separate acts for the main topics referred to above, all of which acts follow New Zealand legislation in abbreviated form.
Estates and Inheritance. Under the Administration Act 1975 Part IV, an application for further and better provision can be made by widow/er, parent, child or grandchild where "insufficient provision" for them has been made.
Marriage. There is no impediment to marriage for persons with a disability.
Property. There is provision for statutory management of property for persons who are "mentally defective".
Criminal codes.
Criminal Ordinance 1961.
Matters of justification in relation to any offence. The provision follows the UK McNaghten Rules.
Section 13 Insanity. There is a presumption of sanity until the contrary is proved. There can be no conviction for an act or omission committed by anyone "while labouring under natural imbecility or disease of the mind to such an extent as to render him i
There is also a provision in the Mental Health Ordinance 1961, section 11, which says that an insane person is not to be tried, if a person is of unsound mind so that he cannot understand the nature of proceedings. Such a person may be detained at pleasur
There is an offence to have sexual intercourse with a woman or a girl who is an idiot or an imbecile if it is known or there is good reason to believe that the victim is an idiot or imbecile.
Section 77 of the Criminal Ordinance imposes a duty to provide the necessaries of life on a person who has charge of another who "is unable by reason of age, sickness, insanity or any other cause" to care for themselves.
THE SOLOMON ISLANDS Score ( 0>4) : 3
The Solomon Islands has a system of consolidating and reprinting statutes. The last consolidation was published in 1998, with law stated to the end of 1996. There are post-consolidation volumes.
Estates and Administration. The Wills, Probate and Administration Act provides that where a person leaves a Will "without making therein adequate provision for the proper maintenance and support of his spouse or children, the Court may in its discretion.
Marriage. There is no impediment to marriage for persons with a disability.
Property. Under the Mental Treatment Act, the High Court may make orders for the guardianship and management of the estate of persons of an unsound mind or in a mental hospital.
Criminal Codes. Under the Criminal Procedure Code, the Court may make an enquiry if it appears an accused is of unsound mind so as is incapable of making his defence. There is a presumption of sanity until proved otherwise. It is a defence if a person u
There is a duty to provide necessaries of life to a person unable to care for themselves by reason of age, sickness, unsoundness of mind..."
THE FIJ ISLANDS Score ( 0>4) : 3
Fiji has a system of reprinting its statutes, but the last main consolidation was in 1985. A general index was produced in 1999.
Estates and Inheritance. Applicants for further and better provision out of an estate include, parent, son or daughter " who by reason of some mental or physical disability is incapable of maintaining himself." The Court may order that reasonable provisio
Marriage. There is no impediment to marriage for a person with a disability.
Property. The Public Trustee may be appointed to have the management and care of the property of every person of unsound mind.
Criminal Codes. There is a presumption of sanity until proved otherwise. A person is not responsible for criminal acts or omissions if by reason of any disease affecting his mind, he is incapable of understanding what he is doing or of knowing that he oug
There is an offence of having unlawful carnal knowledge of any female person suffering from severe subnormality.
TOKELAU Score ( 0>4) : 2
Prior to 1996 the primary source of law was the NZ Tokelau Act 1948, until independence. In 1997, a compilation of laws applicable in Tokelau was completed. However, the main sources of law for Tokelau remain the custom of Tokelau, some of which has been
A considerable number of Acts of New Zealand remain in force.
No written "European style "legislation applicable to disability has yet been enacted by Tokelau. Tokelau has adopted the same UN Conventions as New Zealand.
TONGA Score ( 0>4) : 3
Tonga has a system of reprinting its statutes, last consolidated in 1988, with single volumes issued after that.
Estates and Inheritance. Tonga retains a system of succession to hereditary estates and titles, through the line from eldest male, but persons of unsound mind may not succeed. There is a system of inheritance on intestacy.
Marriage. There is no impediment to marriage for persons with a disability, except possibly in relation to marriage to a person in line of succession to the monarchy.
Property. Tonga has a Land Act, under which, in theory, all males are entitled to two allotments of land, and all are hereditary.
Criminal codes. Under the Supreme Court Rules, there is a right to a person of unsound mind, or who is incapable of managing his own affairs to sue or defend through a person entrusted to manage his property.
There is an exemption from criminal responsibility for acts or omissions if a person was insane in that he was suffering from such a state of mental disease as to deprive him of capacity to understand the physical quality and nature of the act or omission
The definition of rape includes a definition that the offender was aware that the victim was "feeble minded, insane, or was an idiot or an imbecile as to be incapable of giving or refusing consent". Note that this offence is defined as rape, whereas in al
TUVALU Score ( 0>4) : 2
Estates and Inheritance. Not known.
Marriage. There is no impediment to marriage for persons with a disability.
Criminal Codes. There is a presumption of sanity unless proved otherwise. There is no criminal responsibility for act or omission for any person if he is through any disease affecting his mind incapable of understanding what he is doing or knowing that he
There is an offence to have sexual intercourse with any female idiot or imbecile woman or girl.
There is a duty to provide the necessaries of life.
VANUATU Score ( 0>4) : 2
Vanuatu has a system of reprinting its statutes, with the last revised edition being till June 1988. It is difficult to ascertain clearly the current state of law, as some law which applied before the Constitution date remains in force.
Estates and Inheritance. Probate or authority to administer estate cannot be issued until the Court is satisfied that adequate provision has been made for the maintenance of the spouse and children under 18. Wills Act Section 13(2).
Marriage. There is no impediment to marriage for persons with a disability.
Criminal Codes. there is a presumption of sanity unless proved otherwise. The Court may order a medical report to determine whether a person, by reason of insanity or other mental disorder is unfit to plead or stand trial. If so, the Court may place the p
NAME OF COUNTRY 2.2 To amend substantive and procedural laws to include enabling provisions which would provide equal legal protection to persons with disabilities, including women with disabilities, and people with intellectual disabilities, repeal provisions that restrict their full participation and equalisation of opportunities, or which are discriminatory.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4) : 4
Australia has adopted all major UN Conventions on human rights, including rights of children, persons with disabilities and prevention of discrimination against women (CEDAW). Australia has a major Commonwealth statute, the Disability Discrimination Act 1992, which expressly prohibits discrimination on the grounds of disability, directly, indirectly or by harassment. The definitions employed are wide, and include disabilities with physical, systemic, or genetic origins. In the Commonwealth legislation, there is nothing which can be regarded as discriminatory, but duties imposed are community duties, so that for example, individuals as employers may be exempt from provisions which cast direct financial responsibility on them. The Disability Services Act 1986 has objectives to assist persons with a disability to take their place in the community, to achieve maximum potential and integration. The Act does not prescribe how this is to be done but relates to the provision of funding to assist towards these objectives.
COOK ISLANDS Score ( 0>4) : 3
The Constitution of the Cook Islands has a section on Fundamental Human Rights and Freedoms. Although there is no specific mention of the rights of persons with disabilities, or no prohibition of discrimination on the grounds of disability, all individuals have a right of equality before the law and a right of protection by the law. In 1998, an Electoral Act was passed which provides that "persons of unsound mind" are not eligible to vote.
Education. There is a compulsory requirement to attend school between the ages of 5 and 15, unless a child is receiving adequate education in another manner or is no longer benefiting from attendance at school. All children attending school are entitled to "medical and dental inspection, and treatment without cost."
Under the Entry, Residence and Departure Act, it is unlawful for any person who, in the opinion of the Director of Health, is mentally defective to enter the country.
After consultation with the Cook Islands, NZ ratified the UN Convention on Elimination of all Forms of Discrimination against Women (1981) in 1985, and therefore the Convention is adopted by the Cook Islands.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
Education. There is compulsory education up to the age of 14, including for children with disability. There is a requirement to establish the ongoing identification, diagnosis, certification and education of children with disabilities. These include children having mental retardation, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopaedic impairments, autism, traumatic brain injury, and specific learning disabilities.
Health needs are to be assessed on criteria including needs of low income persons, racial and ethnic minorities, women, handicapped persons and the elderly.
There is a prohibition against immigration of persons with serious mental irresponsibility, having been judged insane or incompetent, or having been treated for serious mental or neurological disorders.
MARSHALL ISLANDS Score ( 0>4) : 2
The Constitution (Section 12) provides for equal protection and freedom from discrimination. It does not refer directly to persons with a disability.
Under Section 15 of the Constitution, the Government recognises the right of the people to health care, education and legal services and the obligation to take every step reasonable and necessary to provide these services.
No permit or visa for immigration is available for a person of unsound mind or who is mentally defective, or irresponsible or an incompetent or a chronic alcoholic.
NAURU Score ( 0>4) : 3
The Constitution declares Nauru to be an independent Republic. It declares that every person in Nauru is entitled to fundamental rights, including respect for his private and family live. There is no specific prohibition against discrimination on the grounds of disability.
Education. There is a Compulsory Education Ordinance, requiring compulsory education for all Nauruan children between the ages of 6 to 16 (or 6-15 if they have European parents). There are no specific provisions for education of children with a disability.
Immigration. New Immigration legislation was passed in 1999, with a later commencement date. A copy was not available.
The Electoral Ordinance of 1965 states that persons of unsound mind are not entitled to vote.
NIUE Score ( 0>4) : 2
After consultation with Niue, NZ ratified the UN Convention on Elimination of all Forms of Discrimination against Women (1981) in 1985, and therefore the Convention is adopted by Niue.
S 23 A. (1) Duty of Director of Health to provide such medical and surgical services as maybe reasonably required and reasonably practicable
(2) Niueans are eligible for free medical and surgical treatment, aid and assistance provided by any medical officer employed by Public Service.
Section 61 requires the Cabinet to make provision for health welfare and other social services.
This section also requires the Cabinet to establish and maintain public schools, and make other provisions to provide educational opportunities.
No specific mention of persons with an intellectual disability in any provisions searched.
PAPUA NEW GUINEA Score ( 0>4) :
No information available
SAMOA Score ( 0>4) : 2
THE SOLOMON ISLANDS Score ( 0>4) : 2
The Constitution states that no law shall make any provision that is discriminatory, either of itself or in its effect. Discrimination is defined to mean "affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin,, political opinions colour, creed or sex, and suffers a disability because of these factors. There is no direct ground of discrimination relating to physical, mental or intellectual disability, but there is a qualification that a law that may appear discriminatory will not be considered as such if it is for "the advancement of the more disadvantaged members of the community".
The Education Act establishes an Education Board, and system for registration of schools. The age of entry into schools is 6 up to 9, but there does not appear to be a provision making education compulsory. There is nothing in the education law about provision for pupils with a disability, or establishment of special schools or services for pupils with a disability.
The Immigration Act contains a prohibition against a person if a Government Medical Officer certifies that the person is suffering from a mental disorder, or is a mental defective and that his presence in the Solomon Islands would be a danger to the community.
A person can be naturalised as a citizen if he "is of full age and capacity".
THE FIJI ISLANDS Score ( 0>4) : 3
Fiji passed a Human Rights Commission Act in 1999.
Fiji has enacted the Fiji National Council of Disabled Persons Act 1994, with advisory committees for health, education, legal matters, housing transport and environment, vocational training and employment and sports and recreation.
Education. The Education Act has a general principle that children should be educated in accordance with the wishes of their parents. There is compulsory education to an age specified by Ministerial Order.
Persons certified to be suffering from mental disorder or to be a mental defective are prohibited immigrants if their presence in Fiji would be a danger to the community.
TOKELAU -
TONGA Score ( 0>4) : 2
The Constitution of 1875 provides: -
" There shall be but one law for Tonga, for chiefs and commoners, for non-Tongans and Tongans. No laws shall be enacted for one class and not another class but the law shall be the same for all the people of the land".
There is almost universal suffrage but persons who are insane or an imbecile are not entitled to vote.
The Immigration Act (CAP 62) has prohibited classes of immigrants including any person who is certified to be suffering from mental disorder or is a mental defective, and that his presence in the Kingdom would be a danger to the community.
The Education Act (Cap 86), under Section 52 requires compulsory education between the ages of 6 and 13 inclusive for everyone living within 2 miles of a school unless other arrangements are made or the child is prevented from attending school by sickness or any other avoidable cause. There is nothing in the Act about education for children with disabilities, although the possibility of classifying schools for pupils and types of education does exist.
Some traditional land laws requires inheritance along hereditary lines, eg all to eldest son, subject to life interest to widow.
TUVALU Score ( 0>4) : 2
The Constitution guarantees freedom from discrimination. Disability is not specifically mentioned as a ground for discrimination.
Local Councils have a function to provide compulsory education for children between the ages of 5 and 15.
VANUATU Score ( 0>4) : 2
The Constitution created Vanuatu as a sovereign democratic state. It establishes basic human rights without specific reference to persons with a disability.
Vanuatu has encountered some conflicts between provisions in its Constitution, particularly in relation to customary land rights. In one case, the Court decided that, although Article 5 guaranteed equal rights for women, customary land must prevail to determine ownership of land, but customary rights were to be disregarded if their effect was discriminatory. However, in the case in question the outcome was that the right to income from land was granted, rather than ownership of land.
NAME OF COUNTRY 2.3 To enact a basic law with an effective in-built implementation and enforcement mechanism to protect the rights of persons with disabilities, including women with disabilities and people with intellectual disabilities, to promote affirmative action in their favour and to eliminate discriminatory practices as well as architectural and communication barriers.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4) : 4
Australia has adopted all major UN Conventions on human rights, including the rights of children, persons with disabilities, and prevention of discrimination against women, and has its own major Commonwealth statute expressly prohibiting discrimination against persons with a disability. It has a Disability Services Act to provide a basis for funding to assist persons with a disability to take their place in an integrated society. It has legislation allowing tenants with a disability to alter premises to make them accessible ( but also protecting the individual owners of those properties from financial exposure). The right to education may not be denied to persons with a disability unless the educational authority suffers unjustifiable hardship in providing particular services. It is unlawful to discriminate in employment against a person on the grounds that they have a disability. Rights of access to public places, to transport, and to communication are protected by equal opportunity legislation, unless there is an unjustifiable hardship cast on individuals.
COOK ISLANDS Score ( 0>4) : 2.
The Ministry of Health Act1996 establishes a Ministry, with prescribed functions, including "to foster the preservation of health and life among the people of the Cook Islands, recognising that the physical and social environment is an important determinant of health....". There is no specific mention of disability.
The Building Controls and Standards Act 1991 sets up a Building Controller and permits system, but says nothing in relation to access for persons with a disability.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
MARSHALL ISLANDS Score ( 0>4) : 1
The Planning and Zoning requirements do not specifically refer to access for persons with a disability.
NAURU Score ( 0>4) : 2
Health. There are no specific health provisions relating to persons with a disability, and the Public Health statute does not deal with access to buildings for persons with a disability.
The 1963 Mentally Disordered Persons Ordinance applies to a person, who, owing to his mental condition is incapable of managing himself and requires oversight, care or control for his own good or in the public interest. A Court, with the assistance of two medical practitioners may commit a person or a person found not guilty of an offence by reason of unsoundness of mind. The Court may order administration of the property of a person of unsound mind.
NIUE Score ( 0>4) :
No provisions found.
PAPUA NEW GUINEA Score ( 0>4) :
No information available.
SAMOA Score ( 0>4) : 2
The Health Ordinance 1959 sets out requirements for buildings, both residential and commercial, to allow them to be occupied. The main concerns are availability of water and sanitation. There is no provision to ensure access for persons with a disability.
There is a Housing Corporation Act 1990,which sets out functions to provide mortgage funding for residential housing. It does not contain any provision for persons with a disability, or for financial assistance for aids such as ramps, fencing etc.
The Mental Health Ordinance 1961 makes provision for persons who are mentally defective without any distinction between mental disorder and intellectual disability. However, the definition is wide: - "Mentally defective person means a person who, owing to his mental condition, requires oversight, care or control of himself or his property for his own good or in the public interest."
For such persons, a Court may order medical custody on application accompanied by 2 medical reports. The duration may be up to 6 months "in his own interests, or for safety of other persons." An order is renewable.
Under Part III of this Ordinance, the Registrar of the Court must advise the Public Trustee of the making of an order. Thereafter, the Public Trustee or a committee appointed has the custody and administration of the patient's estate.
Under section 25, the Court can, on the petition of the Public Trustee or anyone else "order an inquisition to be held as to whether any person alleged to be mentally defective is mentally defective and incapable of managing his affairs"" If so, a committee or the Public Trustee can be appointed.
THE SOLOMON ISLANDS Score ( 0>4) : 3
The Environmental Health Act contains a Part relating to building and housing, but it does not refer to access for persons with a disability.
The Ministry of Health is charged with providing primary health care services, and the Minister must provide hospitals for persons attending for treatment for illness. Illness is defined to include psychiatric illness, or mental retardation or injury or disability requiring services or treatment. Psychiatric illness is separately defined to be in relation to a person suffering from a mental disorder.
There are no specific provisions relating to disabilities, but the definitions quoted recognise a difference between a mental disorder and other disabilities.
However, the Mental Treatment act 1970 makes provision for persons suffering from mental disorder or mental defect. This act makes provision for voluntary patients, temporary treatment, or reception on Court order.
THE FIJI ISLANDS Score ( 0>4) : 2
The National Council for Disabled Persons Act 1994 promotes affirmative action for persons with a disability.
The Public Hospitals and Dispensaries Act sets out categories of persons entitled to free medical treatment but does not refer specifically to persons with a disability.
The Public Health Act does not refer specifically to persons with a disability, and although regulations under this Act deal with requirements for buildings, there is nothing in relation to access for persons with a disability.
The Mental Treatment Act makes provision for establishment of a mental hospital and treatment of persons of unsound mind or who are a danger to themselves.
TOKELAU
TONGA Score ( 0>4) : 3
Tonga has a Medical Services Act (CAP 76). Section 9 provides " The primary object of the public medical service and of every hospital and dispensary is to provide accommodation and medical and surgical aid for all Tongan subjects without individual payment.'
Tonga has a Public Health Act (CAP 74) but there is no specific mention of access or other matters in relation to persons with a disability. There are Building regulations but these too have no mention of access for persons with a disability.
Tonga has a Mental Health Act 1992 (which replaced the Lunatics Detention Act). This Act has two definitions which appear to recognise a distinction between mental disorder and intellectual disability. Mental disorder "means any mental illness, arrested or incomplete development of the mind, psychopathic disorder and any other disorder or disability of the mind". Mental handicap " means a state of arrested or incomplete development of the mind which can render a person incapable of independent living." The Medical Advisory Committee includes a representative of the Red Cross with special concern for mentally handicapped persons and a senior teacher with experience in the education of mentally handicapped pupils.
TUVALU Score ( 0>4) : 1
Local Councils have authority over the erection of buildings, but there is no specific mention of access for persons with a disability.
VANUATU Score ( 0>4) : 1
No specific post constitution education laws were found.
There are no statutes requiring access to buildings and public places for persons with a disability.
The Immigration Act prohibits immigration for a person suffering from a mental disorder, and that his presence in Vanuatu would be a danger to the community.
NAME OF COUNTRY 2.4 To introduce a national scheme of social security measures covering financial assistance and subsidies for persons with extensive disabilities and their families living in poverty, as well as primary breadwinners who become disabled and have no other means of income support for their dependants.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4): 4
Australia has an extensive social security system providing financial and other assistance to persons with disabilities on individual and class bases. It has workers compensation provisions.
COOK ISLANDS Score ( 0>4): 2
There are no generic social security provisions. There is the 1966 Aged Destitute and Infirm Persons Relief Act, which makes provision for a pension for persons over 65. There is a statutory Committee to make provision for assistance for persons who are unable to support themselves permanently. There is a benefit for all children up to age 10.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
There is a government insurance scheme giving disability benefits to insured persons if disabled for more than 3 months, and also for surviving children and spouse. These provisions only cover a disability acquired by an employed person.
MARSHALL ISLANDS Score ( 0>4): 1
The Social Security provisions require compulsory contributions to a fund by both employers and employees. Persons who are insured are entitled to a disability insurance benefit. If an insured person dies, the surviving spouse and children are entitled to a benefit.
NAURU Score ( 0>4): 2
Nauru has Social Services Ordinances, which provide for an Invalids Pension the qualification for which is an 85% incapacity for work, or blindness. There are means and income tests. There is also a widow's benefit, a sickness benefit for those temporarily incapacitated by sickness or accident, and a Child Endowment scheme for children who are ill or infirm.
NIUE Score ( 0>4): 2
Section 61 requires provision of health and education services. It also requires the Cabinet to establish and maintain such other institutions and services and to make other provision as it considers necessary to provide a reasonable standard of living for Niue and to secure their economic social and cultural welfare.
The Pensions and Benefits Act provides for benefits for those over 60. It also allows Niueans who are destitute or infirm to apply for a benefit.
The Child Allowance Act 1995 creates an allowance for children up to 18 if remaining at school or to the same age for a disabled or disadvantaged child not at school.
PAPUA NEW GUINEA Score ( 0>4): 2
The Child Welfare Act Chapter 276. Sections 13,14, 15, provide an allowance for widow, wife, deserted wife, divorcee, single woman or father incapacitated through mental or bodily infirmity, to care for destitute children up to 16.
Section 21 et seq provides for establishment of homes for mentally defective children "whose cases call for segregation and special treatment". Mental deficiency is defined as a condition of arrested or incomplete development or degeneration of mind from whatsoever cause arising".
SAMOA Score ( 0>4): 2
There are no social security provisions.
The Labour and Employment Act 1972 requires safety provisions in workplaces for electricity and machinery.
There is an Accident Compensation Act 1989. The Board appointed under this Act has a duty to promote safety and to prevent motor vehicle, work related and other accidents, personal injury by accident and occupational diseases. The Act provides for compensation for economic loss for the period of incapacity following a work accident or occupational disease, and lump sum compensation for permanent injury or impairment. If death occurs, there is compensation for dependents for up to four years. Compensation is available for non-workers for transport accidents or death by accident.
Civil liability for accidents is also retained for negligence or breach of statutory duty, or other fault. A claim may be made under the Act or civilly or both, provided civil damages refund statutory compensation.
THE SOLOMON ISLANDS Score ( 0>4): 2
There is no social security Act.
Employment law includes provision for maternity leave.
There is a Safety at Work Act, where an employer has a duty "to ensure as far as it is reasonably practicable, the health and safety at work of all his employees".
The Solomon Islands have a statutory scheme for compensation for employees injured at work, whereby an employer must pay compensation for personal injury by accident in the course of employment, or earnings related compensation for total or partial incapacity, or compensation upon death. These provisions include provision for compensation following occupational diseases.
THE FIJI ISLANDS Score ( 0>4): 3
Fiji has a statutory scheme for compensation for employees injured at work.
TOKELAU
TONGA Score ( 0>4): 1
There are no specific social security laws. Government employees may pay into a scheme and under the Retirement Fund Act 1992,there are benefits for total and permanent disability.
TUVALU Score ( 0>4):
Not known
VANUATU Score ( 0>4): 1
No specific post constitution social security laws were found.
There is a Mental Hospital Act for reception and detention of persons of unsound mind who are a danger to themselves or others or are wandering at large or not receiving proper care and attention. Detention must be on evidence and examination by a Medical Officer, and is subject to weekly review. A person who is charged but found to be of unsound mind may also be ordered to be confined
NAME OF COUNTRY 2.5 To review laws relating to customs duties and introduce amendments to provide exemptions from customs duties on the import of vehicles, assistive devices, health and medical supplies, including all equipment and materials needed to improve the quality of life, and in particular, to facilitate the education, employment as well as sports, leisure and cultural pursuit and daily living of people with disabilities, including women with disabilities.
AUSTRALIA Australia has social security, health services and disability service provisions which address these matters on a different basis so that the same objectives are achieved. Some exemptions from GST exist, so that this additional taxation does not impact on persons with a disability.
COOK ISLANDS Not checked.
FEDERATED STATES OF MICRONESIA. Not checked.
MARSHALL ISLANDS Not checked.
NAURU Not checked.
NIUE Not checked.
PAPUA NEW GUINEA Not checked
SAMOA Not checked.
THE SOLOMON ISLANDS Not checked.
THE FIJI ISLANDS Not checked
TOKELAU Not Checked.
TONGA
TUVALU Not checked.
VANUATU Not checked.
NAME OF COUNTRY 2.6 To review laws pertaining to taxation to provide tax benefits to persons with disabilities and incentives to employers of disabled persons, and manufacturers of indigenous assistive devices, including exemption from excise duties for such products and establish an in-built mechanism for periodic review of the list of items.
AUSTRALIA Not checked.
COOK ISLANDS Not checked.
FEDERATED STATES OF MICRONESIA. Not checked.
MARSHALL ISLANDS Not checked.
NAURU Not checked.
NIUE Not checked.
PAPUA NEW GUINEA Not checked.
SAMOA Not checked.
THE SOLOMON ISLANDS Not checked.
THE FIJI ISLANDS Not checked.
TOKELAU
TONGA Not Checked.
TUVALU Not checked.
VANUATU Not checked.
NAME OF COUNTRY 2.7 To enact and/or amend laws and regulations, including traffic and industrial/labour laws, for promoting health and safety in the workplace, in public places, in transport and in the home, as well as set safety standards for modes of conveyance, equipment, implements and other items of industrial, domestic and personal use, with particular attention to the needs of users with disabilities.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4): 4
Australia has an extensive system of health and safety provisions.
COOK ISLANDS Score ( 0>4): 1
There is a Workers Compensation Ordinance 1964, under which employers have a liability for compensation in case of death or incapacity arising from accidents at work or occupational disease.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
MARSHALL ISLANDS Score ( 0>4): 0
No provisions sighted.
NAURU Score ( 0>4): 2
Nauru has a statutory scheme for compensation for employees injured at work. Compensation is payable in respect of physical or mental injury or disease arising out of employment.
NIUE Score (0>4):
No provisions found.
PAPUA NEW GUINEA Score ( 0>4): 2
Papua New Guinea has a Workers Compensation scheme for employees injured at work. Chapter 179.
SAMOA Score ( 0>4): 2
Both the Labour and Employment Act 1972 and the Accident Compensation Act 1989 promote health and safety standards in the workplace and generally.
THE SOLOMON ISLANDS Score ( 0>4): 3
The Solomon Islands have a statutory scheme for compensation for employees injured at work, and to provide for health and safety at work.
THE FIJI ISLANDS Score ( 0>4): 3
Fiji has a statutory scheme of compensation for employees injured at work. It includes coverage for occupational disease or death.
The 1996 Health and Safety at Work Act creates a duty on employers to maintain plant and systems that are safe and without risk to health, and workers have a duty to take reasonable care not to create risk and use equipment as instructed.
TOKELAU
TONGA Score ( 0>4): 0
There are no specific laws in these categories.
TUVALU
Score ( 0>4):
Not known.
VANUATU Score ( 0>4): 2
Employers have a duty to provide safe working conditions and to rectify dangerous and insanitary premises. There is a Health and Safety at Work Act.
NAME OF COUNTRY 2.8 To establish a mechanism for periodic review of the list of items for exemption from customs duty.
AUSTRALIA Not applicable.
COOK ISLANDS Not checked.
FEDERATED STATES OF MICRONESIA Not checked.
MARSHALL ISLANDS Not checked.
NAURU Not checked.
NIUE Not checked.
PAPUA NEW GUINEA Not checked.
SAMOA Not checked.
THE SOLOMON ISLANDS Not Checked
THE FIJI ISLANDS Not checked
TOKELAU
TONGA Not Checked.
TUVALU Not checked.
VANUATU Not checked.
NAME OF COUNTRY 2.9 To provide for the coverage of people with disabilities in existing free legal aid service, or develop a free legal aid service for people with disabilities.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4): 4
A means tested legal aid system operates for the benefit of all persons including persons with a disability.
COOK ISLANDS Score ( 0>4): 0
There is no provision for legal aid for anyone.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
MARSHALL ISLANDS Score ( 0>4): 3
There is a Legal Aid Office, whose duties are to furnish, to the extent of its ability legal services to any citizen who it finds unable to afford legal services, and to represent persons accused of crime before the Court if so ordered by the Court.
NAURU Score ( 0>4): 2
Nauru has a system of "pleaders", set up by the Legal Practitioners Act. These are trained lay persons, not fully qualified lawyers, who are available to assist.
NIUE Score ( 0>4): 2
Niue appointed a Public Defender from 1976.
PAPUA NEW GUINEA Score ( 0>4): 2
The Office of the Public Solicitor was established in 1975.
SAMOA Score ( 0>4): 0
There is no scheme of free legal aid for anyone recorded up to 1997.
THE SOLOMON ISLANDS Score ( 0>4): 3
The Solomon Islands have an Office of the Public Solicitor. The duties include provision of legal aid to persons in need, or at the direction of the High Court, or subject to means testing.
THE FIJI ISLANDS Score ( 0>4): 3
Fiji has a 1996 Legal Aid Act. The Legal Aid Commission is required (subject to the resources available) to provide legal assistance to impoverished persons. Private practitioners, Commission employees or duty solicitors can deliver the service. The service may be free, or a contribution may be required.
TOKELAU
TONGA Score ( 0>4): 0
There are no specific laws in this category.
TUVALU Score ( 0>4): 2
Office of the Peoples Lawyer established in 1985.
VANUATU Score ( 0>4): 2
Vanuatu has an Office of the Public Solicitor, established under Article 54 of the 1980 Constitution.

NAME OF COUNTRY 2.10 To establish implementation and enforcement (such as ombudsmen) mechanisms for basic laws for the protection of the rights of people with disabilities and notify such rules and regulations for their effective implementation and enforcement.
Score ( 0>4)
Status of action towards target fulfilment by year 2002, and explanatory notes on status.
AUSTRALIA Score ( 0>4): 4
Australia has a full range of remedial processes if discrimination occurs, including recourse to a Equal Opportunities Board ad A Human Rights and Equal Opportunity Commission.
COOK ISLANDS Score ( 0>4): 3
The Cook Islands has its own legislation, the Cooks Ombudsmans Act 1984. Actions or inactions by governmental bodies may be reviewed by an Ombudsman, who has power to make recommendations as to remedial action. The decision as to whether a review should occur is discretionary. The jurisdiction includes review of improperly discriminatory action.
FEDERATED STATES OF MICRONESIA. Score ( 0>4) :
MARSHALL ISLANDS Score ( 0>4): 0
No provision was found.
NAURU Score ( 0>4): 0
No process found.
NIUE Score ( 0>4):
No provisions found.
PAPUA NEW GUINEA Score ( 0>4):
SAMOA Score ( 0>4): 3
Samoa has its Komesina o Sulufaiga ( Ombudsman)Act 1988. Actions or inaction of governmental bodies are subject to review at discretion of Ombudsman who may make recommendations for corrective action. Jurisdiction includes review of improperly discriminatory conduct. There is no enforcement power.
THE SOLOMON ISLANDS Score ( 0>4): 3
The Solomon Islands have provision for an Ombudsman in its Constitution, Chapter IX. The actions or inaction of governmental bodies may be reviewed at the discretion of the Ombudsman who may make recommendations for corrective action. The jurisdiction includes reviews of actions which are manifestly unreasonable. Further operative provisions exist.
THE FIJI ISLANDS Score ( 0>4): 3
The Fiji Islands has an Ombudsman set up in its Constitution Chapter 11 Pt 2. Actions or inaction of Governmental bodies are subject to review at discretion of Ombudsman, who may make recommendations for corrective action. The jurisdiction includes review of improperly discriminatory action. There is an additional Ombudsman Act 1998.
TOKELAU
TONGA Score ( 0>4): 0
There are no specific laws in this category.
TUVALU Score ( 0>4): 1
The Constitution gives a right to apply to the High Court to enforce the Bill of Rights.
VANUATU Score ( 0>4): 3
Vanuatu has an Ombudsman established under its Constitution, Chapter 9 Part 2. Actions or inaction of Governmental bodies may be reviewed at the discretion of the Ombudsman, who may make recommendations for corrective action. The jurisdiction includes improperly discriminatory conduct.
NAME OF COUNTRY 2.11 To amend laws relating to copyright and make provision for the protection of the rights of persons with disabilities to have access to educational, informational and recreational materials and for the transcription, transference, translation and reproduction of all such materials.
AUSTRALIA Not checked.
COOK ISLANDS Not checked.
FEDERATED STATES OF MICRONESIA Not checked.
MARSHALL ISLANDS Not checked.
NAURU Not checked.
NIUE Not checked.
PAPUA NEW GUINEA No information available.
SAMOA Not checked.
THE SOLOMON ISLANDS Not Checked.
THE FIJI ISLANDS Not checked.
TOKELAU
TONGA Not Checked.
TUVALU Not checked.
VANUATU Not checked.