Louise Miller-Frost (Boothby, Australian Labor Party) Share this | Hansard source

I am very pleased to be speaking on the Disability Services and Inclusion Bill 2023. Over 4.4 million people in Australia live with some form of disability—that's approximately 20 per cent of all Australians—and this proportion increases as we age. For Australians over 65 it's about 40 per cent, reflecting the likelihood of disability increases with age. There are 2.1 million Australians of working age with disability, and 35.9 per cent of Australian households include a person with disability—and mine is one of those households. Disability is not an unusual experience in our country but people with disability are a group that often don't experience the same human rights as other Australians, and that's not good enough.

This bill is underpinned by the following principles, which should be uncontroversial:

(2) People with disability are individuals who have the inherent right to respect for their human worth and dignity, and live a life free from violence, neglect, abuse and exploitation.

(3) People with disability, whatever the origin, nature, type and degree of disability, have the same basic human rights as other members of Australian society.

(4) People with disability have the same right as other members of Australian society to realise their individual capacities for physical, social, emotional and intellectual development.

(5) People with disability have the same right as other members of Australian society to supports and services which will support their attaining a reasonable quality of life.

(6) People with disability have the same right as other members of Australian society to exercise choice and control in relation to the decisions that affect their lives.

(7) People with disability receiving supports or services have the same right as other members of Australian society to receive those supports or services in a manner which results in the least restriction of their rights and opportunities.

(8) People with disability have the same right as other members of Australian society to pursue any grievance in relation to supports or services.

This bill also explicitly reflects Australia's commitment to supporting people with disability in line with the United Nations Convention on the Rights of Persons with Disabilities.

The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 will replace the Disability Services Act 1986 with a modern legislative framework for the funding and regulation of programs targeted for the benefit of people with disability, their families and carers. The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 will make consequential amendments to legislation that reference the Disability Services Act to assure no adverse impact and assure continuity of services and arrangements. And I'll be referring to them collectively as the DSI bills.

In addition to expanding the population that can benefit from funding authorised by this bill, it also broadens funding options so that governments can respond to emerging needs and changing circumstances both now and into the future. The DSI bill contributes to improving and aligning quality and safeguarding arrangements for disability services by introducing a code of conduct and including the power to recognise other standards. To support an inclusive process, the bill uses modern language to establish a contemporary framework for disability supports and services that comply with the human rights approach.

There have been significant changes to the disability policy landscape since the Disability Services Act was introduced, which predates the internet, and this includes Australia's adoption of the Convention on the Rights of Persons with Disabilities in 2008; the introduction of the National Disability Strategy 2010-2020, which was followed by the development and implementation of Australia's Disability Strategy 2021-2031; and, of course, the establishment of the NDIS, which has been a game changer.

The disability sector has called for changes to disability services legislation so that it's more aligned with this transformed service delivery landscape and affirms the rights of people with disability to full inclusion in Australian society. The DSI bill is designed to help deliver the government's commitment to enable people with disability to participate fully in society, to exercise choice and control over their lives and to improve job opportunities, job readiness and support in employment.

Contemporary disability programs employ a range of service delivery models that were not envisaged when the current act was established, and their funding must currently be under the Financial Framework (Supplementary Powers) Regulation 1997. A single unified piece of enabling legislation authorising funding for disability services and supports will avoid the significant administrative delays and lack of effective regulatory oversight of the current system.

Providing a public code of conduct will ensure consistency in the quality of disability supports and services, helping to keep people with disabilities safe. Repealing the current act and replacing it with a modern and more broadly based framework offers the most effective means to create a fit-for-purpose legislative basis for disability programs. The new bill will allow for greater flexibility to respond to emerging needs and changing circumstances now and into the future.

This legislation is needed. Repealing the current act, replacing it with contemporary, modern and streamlined legislation is the most effective way to ensure that the government is able to support all people with disability and complement the supports provided to people with disability who are eligible for the NDIS. This new act will help deliver on the government's commitment to enable people with disability to participate fully in society and exercise full choice and control over their lives. This legislation will strengthen the provision of consistent, high-quality supports and services and ensure people with disability are safe when accessing them through introducing a code of conduct, compliance requirements for eligible activities and consistent and mandatory complaints management processes. Supports and services will continue to be subject to quality and safeguard checks to make sure they are appropriately delivered and that they are person-centred. Consistent national standards will ensure the rights and safety of people with disability in accessing support and services.

This bill embeds its objects and guiding principles in primary legislation, whereas under the Disability Services Act, the objects and guiding principles are prescribed via legislative instrument. This change fosters greater transparency, more certainty and clear articulation of aims and objectives, and provides clearer guidance for actions taken under the legislation.

This bill also supports the realisation of the CRPD by focusing on capacity, experience, empowerment, potential and goals for people with disability. It will also strengthen safeguards and support timely responses to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and non-NDIS initiatives arising from the NDIS review. The amendments will support the government's commitment to principles relating to the rights and opportunities for all people with disability, and will enable people with disability to participate fully in society and exercise full choice and control over their lives to improve their job opportunities, job readiness and support in employment.

The bill does not define disability. This ensures that the provisions in the bill are interpreted broadly and allows the bill to avoid unnecessarily restricting or excluding any person with disability from accessing the services and supports they need. The decision to forego a definition was made based on careful consideration of feedback from the first round of consultation and was tested through a second consultation, with the majority of feedback indicating support for the broad approach taken by the bill. The decision was also supported by a majority of witnesses who gave evidence to the Senate Standing Committee on Community Affairs, Legislation Committee.

The UN CRDP wording on disability is frequently raised as a potential definition. However, it does not define disability in article 2 - Definitions. The commonly referenced wording comes from article 1, which is about purpose:

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

The use of 'include' and the open-ended nature of various barriers in this clause would not be suitable for a legislated definition of disability and excluding these terms would narrow the definition, contrary to the intent of the bill. The lack of a definition does not create issues in targeting supports and services funded under the bill. Individual programs and measures funded under the bill can define appropriate target groups for their services, depending on the nature of the program, service or support.

The purpose of this bill is to enable funding for disability services and supports outside of the NDIS that are not covered by state, territory or local government obligations under Australia's disability strategy. It does not sit in isolation or give effect to international obligations or other legislation on its own. The bill is part of a broader suite of Commonwealth legislation, such as the NDIS Act, the Disability Discrimination Act and the Social Security Act, which all contribute to upholding and promoting the rights of people with disabilities. It complements other Commonwealth legislation, but does so within the scope and objects of the bill. The bill is an enabling legislative framework, offering flexibility and clear authority to fund future supports and services to respond to needs and changing circumstances. The design of new supports and services in the future will be determined by the government of the day, based on these needs and circumstances.

Unlike the National Disability Insurance Scheme Act 2013, the bill is not demand driven and does not create any obligation for the Commonwealth to fund services. This means that the types of services and supports which are funded and the level of funding allocated will remain a decision of the government of the day. Currently, the government can fund services for people with disability outside the current act. However, the new act provides for an improved and more systematic approach to quality and safeguarding arrangements for those services, as all relevant services will now be subject to those arrangements.

There has been extensive public consultation on the bill. The department of social security held public consultations between November 2022 and February 2023. This was to explain the intention to repeal and replace the current act and to give people a chance to provide feedback on what the new act should look like and achieve. The feedback received in the first consultation, including from people with disability, was used to draft the bill. The department then conducted a second consultation, from July 2023 to August 2023, to explain the exposure draft of the bill and invite feedback. This consultation included a number of public information seminars to explain the bill and answer any questions raised. People were invited to complete an online survey, upload a submission or both. Feedback received through both consultations has informed the bill.

The bill establishes a contemporary inclusive framework to fund Commonwealth programs targeted for the benefit of people with disability, their families and their carers. The impact of the bill will be felt across the disability services and support landscape and across the disability community through the government recognising their right to safe and inclusive services that protect their rights and across all of Australia by contributing to creating an inclusive society.

The bill promotes consistency, coordination and accessibility of support services for people with disability and provides a clear basis for the Commonwealth to continue funding disability services and supports alongside the NDIS and alongside state and territory services. Providers will also be subject to stronger and more consistent regulatory requirements to protect the safety and rights of people with disability. This will take into account the nature of the services they provide.

The bill represents significant legislative reform and demonstrates this government's continued commitment to breaking down barriers for people with disability and enabling participation. This bill will benefit all 4.4 million Australians with disability, their families, their carers, their friends and their loved ones by enabling inclusive, accessible and safe supports and services and, importantly, it will contribute to creating a more inclusive society.

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