Tracey Roberts (Pearce, Australian Labor Party) Share this | Hansard source

On 14 September, the minister introduced the Disability Services and Inclusion Bill 2023 into the House for the second reading, indicating that she would also be introducing the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023. Both bills will help to deliver on the Albanese Labor government's commitments to enable people with a disability to fully participate in our community, exercise choice and control over their lives and improve job opportunities, readiness and support in employment. It became clear that the Disability Services Act, more than three decades old, was outdated and too restrictive. Times have changed, and we have moved towards creating a more inclusive society. In the minister's second reading speech on the substantive bill, she advised:

In response to this changed landscape and taking into account comprehensive feedback from people with disability and the disability sector, the bill and the consequential amendments and transitional provisions bill establish a contemporary, inclusive framework to fund Commonwealth programs targeted for the benefit of people with disability, their families and carers—because this protection, safeguarding and inclusion should apply outside, not just within the NDIS.

I know that the bill supports inclusion of people with disability by broadening the support and services that can be funded under the bill and seeks to avoid placing unnecessary restrictions on who can and can't receive support and services. Both bills enable a response to findings and recommendations arising from the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and non-NDIS initiatives arising from the NDIS, National Disability Insurance Scheme, Review.

Given the recent release of the final report from the royal commission, there is more to be done to ensure everyone with a disability can take part and feel like they belong. The bill before us makes a start on the journey towards a more inclusive society. The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 will make amendments to existing Commonwealth legislation that are consequential to the repeal of the Disability Services Act 1986 and its replacement by the Disability Services and Inclusion Bill 2023. The bill also sets out savings, provisions and transitional arrangements for the transition period between the repeal of the Disability Services Act and the implementation of the new bill. It's important to note that grant agreements made under the Disability Services Act will continue operate under the provisions of that act until they conclude. All new grant agreements and financial arrangements will be made under the new Disability Services and Inclusion Act.

Schedule 1 of this bill repeals the Disability Services Act. Schedule 2 of this bill makes amendments to Commonwealth legislation to reflect the repeal and replacement of the Disability Services Act. Schedule 2 also provides some limited savings provisions to ensure a smooth transition between the old act and the new Disability Services and Inclusion Act. Schedule 3 sets out application and saving provisions for the Disability Services and Inclusion Act, both preliminary matters and the operational matters for the DSI Act and operation of the Disability Services Act.

We are advised that when the Disability Services Act was introduced it created a legislative framework for the Australian government to provide a range of disability services. The Disability Services Act focuses on assisting people with a disability to achieve independence, employment and opportunities to integrate into the community. The act also regulates the certification of service providers and specifies standards to adhere to in the delivery of services. During the ensuing years Australian governments have moved to solely direct service provision to include person-centred market models of service delivery and support, including through the NDIS, which I understand currently supports over 600,000 people with a disability.

One in six people in Australia are estimated to have a disability and it became clear that the Disability Services Act was no longer fit for purpose. A more modern streamlined legislative framework that will effectively facilitate funding to assist people with a disability for support and services is required, regardless of whether they are a NDIS participant. As stated previously, schedule 1 of the bill before us repeals the Disability Services Act 1986. Replacing the act will ensure that government is better able to respond to recommendations of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the review of the NDIS. The bill will provide a source of legislative authority with consistent statutory requirements for funded providers.

Schedule 2 makes important amendments that are consequential to the repeal of the Disability Services Act and the implementation of the Disability Services and Inclusion Act. These amendments are largely instrumental in protecting information under the relevant acts so that protected information can continue to be disclosed to the department administrating the Disability Services Act if there is a reasonable ground that the information will assist in the performance of the functions or the exercise of the powers of that department.

In relation to the Age Discrimination Act, section 41 provides that certain actions taken with respect to pensions, allowances, benefits and other things are not unlawful it done in direct compliance with certain Commonwealth legislation. The consequence of the amendment will be that any actions done in direct compliance with the Disability Services and Inclusion Act will not be unlawful under the Age Discrimination Act. The effect of the amendment to subsection 8(3) of the Australian Hearing Services Act is to provide that the authority, Hearing Australia, must as far as practical perform its functions in a manner consistent with the objects of the Disability Services and Inclusion Act and the principles set out in section 4 of that act.

Clause 28 of the bill sets out the consequences for the unauthorised use or disclosure of protected information under the bill. It is an offence for a person who has obtained protected information while performing functions or duties or exercising powers under the Disability Services and Inclusion Act to disclose or use that information in an unauthorised manner.

Again, other amendments pave the way for transition from any reference to the old Disability Services Act to the new act. One such example is an amendment recognising that currently employment services for people with a disability, such as vocational rehabilitation services, are provided under the Disability Services Act. In the future new or altered programs will be provided under the new act. It's important to note the changes in relation to operation of the old act and how they relate to the new act. The Disability Services and Inclusion Act will provide legislative authority for new spending on disability related programs outside the National Disability Insurance Scheme.

Arrangements and grants made under the Disability Services and Inclusion Act will be supported by appropriate quality safeguards, such as a code of conduct and certification standards. All providers funded under the bill will become subject to a single code of conduct which largely mirrors the NDIS code of conduct and the aged-care code of conduct. This ensures that people with disability know what to expect from their providers, consistent with the NDIS.

In future, when current funding arrangements end the bill will ensure flexibility to continue or redesign current programs as appropriate, subject to consultation with people with disability. This will allow for a smooth transition for people with disability and those providing support and services. When current service providers enter new or renewed funding arrangements, they will be subject to the full requirements of the bill. Service providers delivering regulated activities defined in the bill will be required to hold a certificate of compliance. I note that the human rights implications of the Disability Services and Inclusion Bill are set out in detail in the explanatory memorandum to the bill.

In conclusion, I acknowledge that the Disability Services Act is no longer fit for purpose and does not provide legislative authority for a range of disability programs. This can cause administrative delays in implementing important programs, and means that some programs are not subject to any form of quality standards or regulatory oversight.

In my first speech I spoke about my friendship with Robert Sully, a man special to me. Robert gave me a painting that I brought to Canberra with me, and it sits in my window in my room. It serves as a daily reminder of the importance of our decision-making and its effect upon people such as Robert. I continue to be driven by the desire to understand and be inspired by people such as Robert, to support them to live the best life possible with disability. What we do here today is in line with the government's commitment to enable people with disability to participate fully in society and to exercise full choice and full control over their lives. I commend the bill to the House.

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