Barrister, Castan Chambers, Melbourne, Victoria, Australia; Judge, Supreme Court of Nauru; Professorial Fellow of Law and Psychiatry, University of Melbourne; Adjunct Professor of Forensic Medicine, Monash University; Adjunct Professor, Australian Centre for Health Law Research, Queensland University of Technology; Adjunct Professor, Johns Hopkins University, Baltimore, Maryland, United States; Member, Mental Health Tribunal of Victoria.
J Law Med. 2021 Mar;28(2):323-335.
Historically, there has been inadequate recognition of the need for persons with disabilities to have the opportunity for meaningful sexual expression. Many impediments lie in the way of such recognition and, for some with a disability, professional assistance is required. In a precedent-setting decision by the Full Court of the Federal Court of Australia (National Disability Insurance Agency v WRMF (2020) 276 FCR 415; [2020] FCAFC 79) a woman with multiple sclerosis who had been accepted onto the National Disability Insurance Scheme was affirmed to be eligible for taxpayer-funded receipt of services from a sex worker, in spite of the National Disability Insurance Scheme having declined such services as not constituting a reasonable and necessary support. However, it may be that the decision will be overturned by a controversial legislative amendment. This section reviews the reasoning in the decision and the human rights and political issues raised by the decision that require consideration and engagement.
从历史上看，人们对残疾人有必要有机会进行有意义的性表达认识不足。许多障碍阻碍了这种认识，而对于一些残疾人来说，则需要专业的帮助。在澳大利亚联邦法院合议庭的一项具有开创性的决定中（National Disability Insurance Agency v WRMF (2020) 276 FCR 415; [2020] FCAFC 79），一名被纳入国家残疾人保险计划的多发性硬化症妇女被确认为有资格获得纳税人资助的性工作者服务，尽管国家残疾人保险计划拒绝了这些服务，认为它们不构成合理和必要的支持。然而，该决定可能会被一项有争议的立法修正案推翻。本节回顾了该决定中的推理以及该决定引发的人权和政治问题，这些问题需要考虑和参与。
