Amanda Rishworth (Kingston, Australian Labor Party, Minister for Social Services) Share this | Hansard source

I thank all members who have contributed to this important debate on these two bills before us, the Disability Services and Inclusion Bill 2023 and the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023. The government has listened closely to the contributions of all members, and I'm pleased to address some of those contributions in this summing-up speech. I acknowledge all those who have provided input into the consultation process that has resulted in the bill we see before us today. I particularly acknowledge all those people living with disability that have contributed. I also acknowledge the Senate Community Affairs Legislation Committee for their consideration of the bill.

This bill will help deliver on the Albanese Labor government's commitment to enable people with disability to fully participate in our community and exercise agency over their lives. This bill will establish a contemporary framework to fund programs targeted for the benefit of people with disability and their families and carers, regardless of whether or not they receive support under the National Disability Insurance Scheme. It's been designed to complement other national legislation and, together with those laws and the laws of state and territory governments, give effect to international obligations, including the United Nations Convention on the Rights of Persons with Disabilities.

The bill, along with the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023, will replace the Disability Services Act 1986, which, after almost 40 years, is no longer fit for purpose. The bill broadens funding options and service categories to include an extensive range of disability supports to provide a basis to strengthen the inclusion of people with disability across our community. This will provide flexibility to allow the government to respond to changing circumstances now and into the future, including in the important context of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the review of the National Disability Insurance Scheme. The bill will improve quality and safeguarding arrangements, aiming to ensure the safety of people with disability and the quality of supports and services they receive. To this end, the bill introduces a mandatory code of conduct allowing people with disability and their families and carers to know what they should expect from service providers and supporting an avenue for complaints.

The government acknowledges the matters raised by the Australian Greens on this bill. They were also raised through the Senate Community Affairs Legislation Committee inquiry into this bill. It's important to recognise that the focus and intent of this bill is to provide for a broad, enduring and effective legislative authority for current and future Commonwealth disability policy and programs outside of the NDIS. This bill includes clear objectives to ensure that programs funded under it are designed to promote and realise the human rights of people with disability in Australia. This bill does not exist in isolation; it sits as part of a broader legislative ecosystem, including the Disability Discrimination Act 1992, which is the primary means of upholding the United Nations Convention on the Rights of Persons with Disability. The bill is intentionally broad, and of course allows the seeking of funding for all people with disability without specifying specific cohorts and settings. This is essential to maximise inclusion and to avoid unintended limitations. The bill explicitly includes as one of its objectives supporting access to supports or services that meet the needs of people with disability who experience compounding disadvantage, including Aboriginal and Torres Strait Islander people. Our government is committed to working in partnership with the First Nations People with Disability Network and other First Nations people with disability, consistent with our disability related commitments under the Closing the Gap agreement and Australia's Disability Strategy 2021-2031.

Throughout the development of this bill the government has demonstrated a clear commitment to consulting with people with disability, their representatives, carers and families, as well as the broader community. This has included two specific rounds of consultation undertaken by my department which supported the drafting of the bill and resulted in improvements to the bill. This consultation will continue in the context of the development of the instruments and implementation. The government is also committed to consulting on the recommendations of the disability royal commission to ensure a well-informed government response. We recognise that there is complexity and diversity in views across the community on central issues, including on segregated settings. In fact, even the commissioners were split on this issue. This clearly demonstrates that it would be pre-emptive to legislate what has been requested by the Australian Greens. I would also note that witnesses at the Senate inquiry highlighted that one of the key flaws in the current Disability Services Act is that it actually embeds exclusion and segregation for particular communities of people with disability, and we have removed that. We have listened to the disability community and have developed an act that specifically speaks about inclusion and which removes enablers of segregation.

The government also acknowledges the comments made by the opposition in relation to the removal of target groups. This differs from the approach taken in the Disability Services Act. When the act was designed almost 40 years ago it included the types of services now captured by the NDIS. This means it was appropriate to target supports—for example, to those with permanent disability that resulted in substantially reduced capacity in specified areas. This target cohort would now be largely captured by significant and permanent disability eligibility under the NDIS. Therefore this targeting is no longer necessary nor appropriate in a legislative framework focused on supporting all Australians with disability, and not just those who are eligible for the NDIS. The Disability Services and Inclusion Bill 2023 represents a clear step forward in providing authority for safe and inclusive supports and services to all people with disability. The bill will provide flexibility to the government to continue to adapt and improve the supports and services available to people with disability, and to build a more inclusive Australia.

In addition, I thank the members who contributed to the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023. This of course makes consequential amendments and provides transitional arrangements to support the proposed Disability Services and Inclusion Act 2023. This is in line with the government's commitment to enable people with disability to participate fully in society and to exercise full choice and control over their lives. This bill provides for the repeal of the Disability Services Act 1986 and facilitates the continued provision of disability supports and services funded under that act in accordance with the proposed new enabling legislation.

This will ensure the continuity of service and supports, and will prevent disruption of funding to disability service providers. Together with the Disability Services and Inclusion Bill 2023, the consequential transitional amendment bill will deliver much-needed support to Australia's disability service sector. It will ensure a seamless transition in funding arrangements for existing Commonwealth funded disability supports and services outside of the NDIS, demonstrating this government's commitment to the inclusion of all people with disability in Australian society and complementing existing legislation to fulfil Australia's obligations under the UN Convention on the Rights of People with Disability. I commend the two bills to the House.

Question agreed to.

Bill read a second time.

See this speech in context