Legislative change

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Legislative change

  1. 1. Appendix 1 LEGISLATIVE HISTORYCommonwealth1State Other21900 Commonwealth power to pay age and invalid pensions.3An acceptance of community responsibility for the disabled saw the establishment ofinstitutions. These were often started by parents, and were diagnosis specific. Mostreceived some financial support from government.41908 Invalid and Old Age Pensions Act 1908.51941 Civilian Rehabilitation Scheme established.61954 Aged and Disabled Persons Homes Act7supports disabledaccommodation.81956 Home Nursing Subsidies Act9subsidises the expansion of homenursing services. 101963 Disabled Persons Accommodation (Assistance) Act,11(DPAAA)supporting organisations providing accommodation to workers insupported employment.1967 Sheltered Employment (Assistance) Act12replaces DPAAA forCommonwealth grants re supported accommodation.1968 Handicapped Children’s Benefit Act supports housing disabledchildren.131969 States Grants (Home Care) Act14to support States in providingdomestic assistance, and States Grants (Paramedical Services) Act15to1Including reports released where they were commissioned by the government of the time.2Including reports released by third parties, precedent setting court cases and other relevant influences.3Commonwealth of Australia Constitution Act, s 15xxiii.4Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).5Invalid and Old Age Pensions Act 1908 (Cth).6Janet Phillips, Disability Support and Services in Australia (2008)7Aged and Disabled Persons Homes Act 1954 (Cth).8A function previously carried out by the States.9Home Nursing Subsidies Act 1956 (Cth).10A function previously carried out by the States.11Disabled Persons Accommodation (Assistance) Act 1963 (Cth).12Sheltered Employment (Assistance) Act 1967 (Cth).13Previously the responsibility of the States.
  2. 2. © Naomi Anderson 2013Page 2 of 12Commonwealth1State Other2support States in providing paramedical services for aged or disabledpeople living at home. States Grants (Nursing Homes) Act16tosupport States in increasing number of nursing home places for the‘sick aged of little means’ and those with severe disability. 17197018Delivered Meals Subsidy Act19subsidises delivering meals todisabled. Handicapped Childrens Assistance Act20subsidises training& accommodation.21Disability rights movements gainedstrength in the 1970s and pressure fordeinstitutionalisation began to mount.1971 Senate Inquiry: Mentally and Physically Handicapped Persons inAustralia22United Nations Declaration on theRights of Mentally Retarded Persons197219731974 Handicapped Child’s Allowance23for parents of severely handicappedchildren requiring constant care and attention at home.24NursingHomes Assistance Act25funding charitable nursing homes, allocationof 5% of beds for non aged disabled.Handicapped Persons Assistance Act26(HPAA) significantlyincreased funding for training, therapy, rehabilitation.The Committee of Enquiry into Compensation and Rehabilitation, andCommission of Enquiry into Poverty re national rehabilitation serviceUnited Nations Declaration of Rightsof Disabled Persons14States Grants (Home Care) Act 1969 (Cth).15States Grants (Paramedical Services) Act 1969 (Cth).16States Grants (Nursing Homes) Act 1969 (Cth).17Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).18From 1970, every year is shown, even when there is no activity. This is intended to give the reader a greater sense of the uneven progression of change across time.19Delivered Meals Subsidy Act 1970 (Cth).20Handicapped Childrens Assistance Act 1970 (Cth).21Previously a State responsibility.22NB: Senate Inquiries are reported from 1970 only, due to limitations in the data available on the Parliamentary website. Only final reports are listed, and inquiries intoParliamentary references are excluded.23Handicapped Child’s Allowance Act 1974 (Cth).24Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).25Nursing Homes Assistance Act 1974 (Cth).26Handicapped Persons Assistance Act 1974 (Cth).
  3. 3. © Naomi Anderson 2013Page 3 of 12Commonwealth1State Other2assist people to become more active in the community.27Senate Inquiry: Rehabilitation Services for the Disadvantaged(Handicapped)197519761977 Royal Commission on Human Relationships of 1977; inadequacy ofdisability programs and detrimental consequences of focus onexclusion.28Report of the Victorian Committee on MentalRetardation suggests major shift away frominstitutionalisation.29197819791980 The 1980s saw an intensification of thedeinstitutionalisation movement.1981 International Year of Disabled PersonsThe beginning of a period where both State and Commonwealth governments began to take over the administration ofdisability education from the charities. State governments also began to expand their role in services for intellectualdisability and mental health.30First Australian Bureau of Statistics(ABS) survey of disability inAustralia.3110.9:100 ratio for disabled under 65institutionalised vs living inhouseholds321982 Report of the Ministers Committee forIntellectually Handicapped person, which leadsto protections for people with intellectualdisability and the establishment of the Office ofthe Public Advocate (OPA).3327Brian Howe, Empowering the Disabled (Paper presented at the ACE National Conference, Sunshine Coast, 2004), 2-3.28Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).29retardaCommittee on Mental Retardation, Parliament of Victoria, Report of the Victorian Committee on Mental Retardation (1977).30Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).31Australian Bureau of Statistics, Handicapped persons, Australia, 1981 (1981).32Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6.33Committee on Rights and Protective Legislation for Intellectually Handicapped Persons, Parliament of Victoria, The protection of intellectually handicapped persons and thepreservation of their rights (1982).
  4. 4. © Naomi Anderson 2013Page 4 of 12Commonwealth1State Other21983 The Spouse Carer’s Pension introduced, payable to a man caring forhis severely handicapped wife if she required constant care andattention in the matrimonial home. 34Mobility Allowance payable to severely handicapped persons unableto use public transport. 35Governmental review of HPAA programs, received scathing feedbackabout form, type and culture of services, and lack of integration withcommunity.36Establishment of the Disability Advisory Council of Australia.1984 Report of the Committee on the LegislativeFramework for Services to IntellectuallyDisabled Persons.371985 Spouse carer’s pension became the Carer’s Pension. 38Disability Services Act39providing funding for a much broader rangeof services, and confirming rights for the disabled. Home andCommunity Care Act40enacted to subsume previous Acts supportinghome based care of the elderly and disabled.Review of Handicapped programs41recognises need for culturalchange, and reduced emphasis on disadvantage, with more focus onimproving capacity.The Office of Disability established.1986 Home and Community Care Program commences, joint initiativebetween States and Commonwealth to avoid inappropriate hospitaladmissions for those who can be cared for in the homeGuardianship and Administration Act 1986(Vic)Intellectually Disabled Persons Services Act4334Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).35Ibid.36Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995)37Committee on a Legislative Framework for Services to Intellectually Disabled Persons, Parliament of Victoria, Report of the Committee on a Legislative Framework for Services toIntellectually Disabled Persons (1984).38Dale Daniels, above n 433.39Disability Services Act 1985 (Cth).40Home and Community Care Act 1985 (Cth)41Handicapped Programs Review (Australia), Parliament of Australia, New directions: report of the Handicapped Programs Review (1985).
  5. 5. © Naomi Anderson 2013Page 5 of 12Commonwealth1State Other2Establishment of the Human Rights and Equal OpportunityCommission42Mental Health Act 1986 (Vic)1987 Child Disability Allowance replaced Handicapped Child’sAllowance.44Report of the OPA on the Criminal JusticeSystem and the Person with an IntellectualDisability451988 Carers Pension extended to non family members46Disability Task Force established.47‘Towards Enabling Policies: Income Support for People withDisabilities’ report48Report of the OPA into a Study of People withIntellectual Disabilities as Victims of Crime4919891990 Senate Inquiry: Accommodation for People with Disabilities1991 Commonwealth State Disability agreement signed50Disability Support Pension replaced Invalid Pension51Senate Enquiry: Social Security (Disability and Sickness Support )Amendment Bill 1991.Disability Services Act521992 Disability Discrimination Act 1992; Modifications to the DisabilityServices Act.Senate Enquiry: Disability Discrimination Bill 1992 and HumanRights and Equal Opportunity Legislation Amendment Bill 1992Senate Inquiry: Employment of People with Disabilities43Intellectually Disabled Persons’ Services Act 1986 (Vic).42Human Rights and Equal Opportunity Commission Act 1986 (Cth).44Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).45Office of the Public Advocate, (Vic), Finding the way: The criminal justice system and the person with an intellectual disability (1987).46Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).47D. Cameron and F. Valentine, Disability and federalism: comparing different approaches to full participation (2001), 65.48B. Cass, F. Gibson and F Tito, Towards Enabling Policies: Income Support for People with Disabilities, Issues Paper No.5 (1988).49Office of the Public Advocate (Vic) et al, Silent victims: A study of people with intellectual disabilities as victims of crime (1988).50Janet Phillips, Disability Support and Services in Australia (2008).51Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).52Disability Services Act 1991 (Vic).
  6. 6. © Naomi Anderson 2013Page 6 of 12Commonwealth1State Other21993 Disability Services Standards agreed amongst Australiangovernments.53Burdekin Report54people with psychosocial disability experiencewidespread systemic discrimination and denial of rights.United Nations Standard Rules on theEqualisation of Opportunities forPersons with DisabilitiesABS Survey ‘Handicapped Persons,Australia, 1993’ reports 5.1:100 ratioinstitutionalisation.551994 Further Modifications to the Disability Services Program, followingongoing opposition from sheltered workshops and other services toconform to the requirements of the Act. Requirements for shelteredworkshops reduced.56Ten year Commonwealth Disability Strategy released, requiringgovernment departments to lodge Disability Action Plans with theHuman Rights and Equal Opportunity Commission.57Senate Inquiry: Matters Pertaining to the Marketing of the DisabilityReform PackageX v Tasmania58finds employerdiscriminated on basis of mentalillness.Maurice Corcoran reaches conciliatedagreement to prevent purchase of moreinaccessible public transport in SouthAustralia.59Kevin Cocks case sets precedent foraccess to public buildings.601995 Baume Review: highly critical of Disability Services Program andemphasis on inputs and funding rather than outcomes for clients, lackof performance criterion and reporting and inequitable distribution ofservices, and a failure to cease block funding arrangements. 61Initial amendment to Human Rights Legislation62in response todecision in Brandy.63Telstra ordered to provide TTYequipment to customers with hearingimpairment.64High Court finds determination powersof Human Rights Commissionunconstitutional.6553D. Cameron and F. Valentine, Disability and federalism: comparing different approaches to full participation (2001), 65.54B Burdekin, M Guilfoyle and D Hall, Report of the National Inquiry into the Human Rights of People with Mental Illness (1993).55Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6.56Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995)57Department of the Senate - Disability Action Plan<http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12February 2013 .58X v Tasmania [1994] HREOCA 15.59Australian Human Rights Commission, 20 Years 20 Stories: Access for All (2010) <http://humanrights.gov.au/podcasts/2010/podcast_2010_2.mp3 > at 13 February 2013.60Cocks v State of Queensland [1994] QADT 3.61Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).62Human Rights Legislation Amendment Act 1995 (Cth).63Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.
  7. 7. © Naomi Anderson 2013Page 7 of 12Commonwealth1State Other2Industry Commission Inquiry into Charitable Organisations, andNational Competition Policy (Hilmer Reforms) continued to seekaccountability, transparency and safeguards in disability services,especially those managed by charitable organisations.1996 Implementation of the Strategies Review of the Disability Strategy,and performance-based funding suspended.66Review of the Commonwealth-State Disability Agreement, includingdemand figures on unmet need.Australian Law Reform Commissionreport67echoed Baume Review, butalso commented on need for complaintprocedures and appeal processes.Australian Human Rights Commissionproposes disability employmentstandards, unable to reach agreement.681997 Crimes (Mental Impairment and Unfitness to beTried) Act 1997University ordered to move graduationceremony to accessible venue.691998 Disability, Ageing and Carers,Australia: Summary of Findings 199870Guidelines for Providers of Insuranceand Superannuation released byHuman Rights Commission71Council found to discriminate byapproving inaccessible development.721999 Carer Allowance replaced Child Disability Allowance732000 Human Rights Legislation Amendment74comes into force, reducingHuman Rights Commission powers to conciliations following decisionReport of the Victorian Auditor General intoServices for People with an IntellectualElectoral Council of Australia agreesto look into access for polling booths64Scott and Disabled Persons International v Telstra [1995] HREOCA 24.65Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.66D. Cameron and F. Valentine, Disability and federalism: comparing different approaches to full participation (2001), 66.67Australian Law Reform Commission, Making Rights Count: Services for People With a Disability, ALRC 79 (1996).68Australian Human Rights Commission, Initial Draft: Disability Standards for Employment (1996) .69Bradley Kinsella v Queensland University of Technology (1997) HREOCA.70Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings 1998 (1998).71Human Rights and Equal Opportunity Commission, Guidelines for Providers of Insurance and Superannuation (1998).72Ian Cooper on behalf of North Coast Dial Inc. v. Coffs Harbour City Council (1998) HREOCA.73Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).
  8. 8. © Naomi Anderson 2013Page 8 of 12Commonwealth1State Other2in Brandy.75Disability76following Human Rights Commissioncomplaint.772001 Report of the Review Panel Appointed toConsider the Operation of the DisabilityServices Statewide Forensic Service 782002 Senate Inquiry: Education of students with disabilities Standards for Public Transport Accesssigned.792003 Report of the Victorian Law ReformCommission into People with IntellectualDisabilities at Risk80Disability, Ageing and Carers,Australia: Summary of Findings2003.81High Court rejects presumption ofrequirement for reasonableadjustment.822004 Senate Inquiry: Provisions of the Disability DiscriminationAmendment Bill 2003Senate Inquiry: Disability Discrimination Amendment (EducationStandards) Bill 20042005 Standards for Education.832006 Special Disability Trusts introduced.Senate Inquiry: A national approach to mental health: From crisis toDisability Act 200685Office for Disability establishedHuman Rights Commission publishesreport on low employment levels ofdisabled people and recommendations74Human Rights Legislation Amendment Act (No 1) (1999) (Cth).75Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.76Auditor General Victoria, Services for people with an intellectual disability (2000).77Australian Human Rights Commission, Paving the way to Electoral Equality: New Access Standards for Polling Booths (2000)<http://www.humanrights.gov.au/about/media/media_releases/2000/00_8.html> at 31 December 2012.78Review Panel Appointed to Consider the Operation of the Disability Services Statewide Forensic Service, Report of the review panel appointed to consider the operation of theDisability Services Statewide Forensic Service (2001).79Disability Standards for Accessible Public Transport 2002 (Cth).80Victorian Law Reform Commission, People with intellectual disabilities at risk: A legal framework for compulsory care (2003).81Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings 2003 (2003).82Purvis v New South Wales (Department of Education and Training) (2003) HCA 62.83Disability Standards for Education 2005 (Cth).
  9. 9. © Naomi Anderson 2013Page 9 of 12Commonwealth1State Other2communityReview of Commonwealth Disability Strategy identifies variabilitybetween departments, recommending appointment of a leaddepartment.84Charter of Human Rights and Responsibilities86for improvement.87Public Service survey identifiesdeclining rates of employment ofdisabled people.882007 Public sector employment reporting transferred to Australian PublicService Commission.89Senate Inquiry: Funding and operation of the CommonwealthState/Territory Disability Agreement recommends increased fundingfor disability and a co-ordinated strategy for disability90Intellectual Disability in Victorian PrisonSystem Report91Criminal Justice Practice Manual92Disability Services Commissioner established93AIHW report describes significantunmet need in disability services andprojects increasing need942008 Ratification of Convention on Rights of People with Disability(CPRD)95Disability Investment Group convened96to explore innovative fundingideas for disability.Aviation Access Working Group (AAWG) established97National Disability Council established9885Disability Act 2006 (Vic).84Erebus International, Report of the evaluation of the Commonwealth Disability Strategy [electronic resource] / Erebus International, PANDORA electronic collection (2006).86Charter of Human Rights and Responsibilities Act 2006 (Vic).87Australian Human Rights Commission, WORKability II: Solutions - People with Disability in the Open Workplace, Final Report of the National Inquiry into Employment andDisability (2005).88Management Advisory Committee, Parliament of Australia, Employment of people with disability in the APS / Management Advisory Committee (2006).89Department of the Senate - Disability Action Plan.<http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12February 2013.90Standing Committee on Community Affairs, Parliament of Australia, Funding and operation of the Commonwealth State/Territory Disability Agreement (2007).91Department of Justice - Corrections Victoria, Intellectual Disability in the Victorian Prison System - Characteristics of prisoners with an intellectual disability released from prisonin 2003-2006 (2007).92Victorian Government Department of Human Services, Criminal Justice Practice Manual (2007).93Under Disability Act 2006 (Vic).94Australian Institute of Health and Welfare, Current and Future Demand for Specialist Disability Services (2007) 8 June 2007 <http://www.aihw.gov.au/publication-detail/?id=6442467994> at 6 December 2012.95Convention on the Rights of Persons with Disabilities 2006, Australian Treaty Series [2008] ATS 12.96Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138.97Australian Human Rights Commission, Twenty Years Twenty Stories Timeline (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013.
  10. 10. © Naomi Anderson 2013Page 10 of 12Commonwealth1State Other2Senate Inquiry: Building trust: Supporting families through disabilitytrusts reports low uptake of disability trusts due to restrictive design99Senate Inquiry: Towards recovery: Mental health services in Australia2009 Shut Out Report100finds significant flaws in the delivery of servicesfor disabled people, and ongoingPension Review Report recommends consideration of nationaldisability insurance scheme.101PriceWaterhouse Coopers Disability Investment Group outlinesproposal for a National Disability Insurance scheme.Disability Investment Group (DIG) Report102recommends nationaldisability insurance scheme, disability trusts, savings and investmentincentives, private housing investment, improving employmentopportunities, and best practice research.103Senate Inquiry: Disability Discrimination and Other Human RightsLegislation Amendment Bill 2008 [Provisions]Human Services (Complex Needs) Act 2009(Vic)Disability, Ageing and Carers,Australia: Summary of Findings20091042010 Electoral Amendment Act105enacted to provide electoral access andprivacy to vision impaired people.National Dialogue on Universal Housing Design released.106Senate Inquiry: Planning options and services for people ageing with adisabilityEqual Opportunity Act 2010 (Vic)Supported Residential Services (PrivateProprietors) Act provides additional protectionsfor tenants of supported accommodation.107Inquiry into Supported Accommodation98The Hon Jenny Macklin MP, Media Release: National disability council meets for the first time (2008) <http://jennymacklin.fahcsia.gov.au/node/218> at 9 December 101299Standing Committee on Community Affairs, Parliament of Australia, Building trust : supporting families through disability trusts (2008).100National People with Disabilities and Carers Council, Shut out : the experience of people with disabilities and their families in Australia : National Disability Strategy consultationreport (2009).101Dr Jeff Harmer and Housing Department of Families, Community Services and Indigenous Affairs, Pension Review Report (2009), xix.102Disability Investment Group, The Way Forward: A New Disability Policy Framework for Australia (2009).103Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138.104Australian Bureau of Statistics, Disability, Ageing and Carers, Australia: Summary of Findings 2009 (2009).105Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth).106Housing Department of Families, Community Services and Indigenous Affairs, National Dialogue on Universal Housing Design - Strategic Plan (2010)<http://www.fahcsia.gov.au/our-responsibilities/disability-and-carers/program-services/government-international/national-disability-strategy/livable-housing-design/national-dialogue-on-universal-housing-design-strategic-plan?HTML> at 3 January 2013.107Supported Residential Services (Private Proprietors) Act 2010 (Vic).
  11. 11. © Naomi Anderson 2013Page 11 of 12Commonwealth1State Other22011 National Disability Strategy released.108Productivity Commission recommends National Disability InsuranceScheme109Senate Inquiry: Disability and Ageing: lifelong planning for a betterfutureSenate Inquiry: Disability Impairment Tables: Provisions of Schedule3 of the Social Security and Other Legislation Amendment Bill 2011Senate Inquiry: The administration and purchasing of DisabilityEmployment Services in AustraliaSenate Inquiry: Commonwealth funding and administration of mentalhealth servicesAccess to Premises Standards.110NSW accessibility standards for taxischanged as a result of Federal Courtcomplaint.1112012 National Mental Health Commission established.112Carers Recognition Act113VLRC Guardianship Report114Shadow Report to United Nations onCPRD115Legal Australia-Wide survey116“Two wheelchair” policy excludingwheelchair users from Jetstar flightsupheld on basis of unjustifiablehardship.1172013 National Disability Insurance Act118Inquiry into justice system and people with anintellectual disability (Vic)119Federal Court finds for DisabilityCommissioner seeking audible train108Housing Department of Families, Community Services and Indigenous Affairs, (Cth), National Disability Strategy, 2010-2020: An initiative of the Council of AustralianGovernments (2011).109Productivity Commission, Disability Care and Support (2011).110Disability (Access to Premises – Buildings) Standards 2010 .111Killeen v Combined Communications Network Pty Ltd [2011] FCA 27.112Australian Human Rights Commission, Twenty Years Twenty Stories Timeline (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013.113Carers Recognition Act 2012 (Vic).114Victorian Law Reform Commission, Guardianship Final Report 24 (2012).115Disability Representative Advocacy Legal and Human Rights Organisations, above n 124.116Christine Coumarelos, above n 107.117King v Jetstar Airways Pty Ltd (No2) [2012] FCA 8.118National Disability Insurance Act 2013 (Cth).
  12. 12. © Naomi Anderson 2013Page 12 of 12Commonwealth1State Other2announcements.120Key:121Liberal/National/CoalitiongovernmentLabor government119Law Reform Committee, Parliament of Victoria, Inquiry into access to and interaction with the justice system by people with an intellectual disability and their families and carers(2013).120Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36.121The government in power is noted only by year, and not by date. Where a change occurred, if the change was in the latter half of the year, the outgoing government is notedas they were in power for the majority of the year. It is also noted that reports commissioned, enquiries commenced, and legislation proposed can cut across these timeframes. Abroad reaching enquiring commenced by one government may report back under another government, and the legislative reform recommended, and implemented, be attributedto them. On the assumption that this applies to both parties equally, not further attempt is made to break down the time periods, or attribute causality to change.

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