Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Hansard source

Firstly, I note upfront that, while the opposition has some concerns with aspects of this bill that's in front of us, which I'll briefly outline, we will not be standing in the way of its passage. As background, the Disability Services and Inclusion Bill 2023 replaces the current Disability Services Act 1986. The current act has been in place for nearly 40 years and, in the decades since its introduction, it's obvious to everyone in this chamber, there have been quite substantial developments in the disability sector, including in the legislative framework, the regulations, the international agreements of which Australia is a party and, of course, the practical provisions of disability services. A huge amount has changed since the existing act was legislated. That's not to mention the establishment of the NDIS and the adoption of the Convention on the Rights of Persons with Disability.

As a country, we're onto our second national disability strategy. It's important, given these quite momentous changes, that Australia has the right framework in place to ensure Australians with disability, who we know are some of the most vulnerable people in our community, can access the right supports and services. These bills establish an updated framework for the funding and regulation of programs that support one in six Australians with disability. It is also to support their families and carers and, of course, to make a number of consequential amendments to other bills and smooth the transition through transitional arrangements.

The Disability Services and Inclusion Bill seeks to establish a streamlined framework to facilitate funding for supports and services, and we hope that, ultimately, this framework will assist with supporting all Australians with a disability, regardless of whether or not they participate in the NDIS. Much has been spoken about the NDIS, its great work and certainly its limitations, some of which have certainly been exacerbated under this government, notwithstanding a range of promises that were made by the then opposition—now in government—in relation to the NDIS.

The bill itself doesn't change or impact the NDIS or disability support pension paid under social security laws. Rather, it will provide legislative authority for new and existing spending on disability related programs outside the NDIS. In that respect it will operate in a similar way to the objectives of the existing framework, which sits within the 1986 legislation. The bill doesn't directly allocate funding for specific supports or services. Rather, it oversees the supports and services. Importantly, the bill improves quality and safeguard arrangements by the introduction of a mandatory code which will mirror the NDIS code of practice—on this we can provide bipartisanship. It's a quite important harmonisation between the largest single program in our nation for those with a disability and a broader framework of those with a disability who aren't necessarily within the NDIS. Under this bill, supports and services may be provided to any person with a disability, including those with physical, psychosocial, cognitive, intellectual or sensory impairment.

The Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023 also makes a range of consequential amendments as a result of the repeal of the 1986 legislation and its replacement by the Disability Services and Inclusion Bill. Schedule 1 repeals the 1986 act. Schedule 2 amends the Commonwealth legislation, reflecting the repeal and current replacement of the Disability Services Act. Schedule 3 sets out application and savings provisions for the Disability Services and Inclusion Bill, with part 1 dealing with some of the preliminary matters, part 2 dealing with the operation of the Disability Services and Inclusion Bill and part 3 dealing with the operation of the Disability Services Act.

In our view there are some issues and potential concerns about this bill. Most importantly the bill does not define target groups that will be eligible for supports and services. This is quite a departure from the existing legislation. Under section 8 of the current legislation, the 1986 act, a target group:

… consists of persons with a disability that:

(a) is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of such impairments;

(b) is permanent or likely to be permanent; and

(c) results in:

(i) a substantially reduced capacity of the person for communication, learning or mobility; and

(ii) the need for ongoing support services.

While we acknowledge that not having a slated definition of a target group quite obviously may provide greater flexibility in access to services and supports, without the additional infrastructure in place there may be unknown practical consequential impacts on the provision and delivery of timely support service to those who need it. We will be keeping a very close eye on this framework but we will not stand in the way of this bill.