Disability Services Act 1986

Overview

The Disability Services Act 1986, enacted by the Parliament of Australia, aims to replace the provisions of the Handicapped Persons Assistance Act 1974 and Part VIII of the Social Security Act 1947 with more flexible and responsive provisions to better meet the needs and aspirations of persons with disabilities. The Act seeks to assist persons with disabilities to receive necessary services that enable them to work towards full participation as members of the community. It also aims to promote services that assist persons with disabilities in integrating into the community, achieving positive outcomes such as increased independence, employment opportunities, and integration, and enhancing their self-esteem. The Act encourages innovation in service provision and aims to achieve positive outcomes for persons with disabilities of working age through comprehensive rehabilitation services.

Scope and Application

The Disability Services Act 1986 (Cth) applies to the Commonwealth, states, territories, and external territories (Cocos (Keeling) Islands and Christmas Island). It primarily applies to persons with a disability, including those with intellectual, psychiatric, sensory, or physical impairments, who require ongoing support services. The Act also applies to entities providing services to these persons, including states, eligible organisations (such as non-profit entities, local governing bodies, and tertiary institutions), and entities approved by the Minister. Additionally, the Act applies to Commonwealth employees, officers, and entities performing services on behalf of the Department. The Act governs the provision of services, including accommodation support, independent living training, information, recreation, respite care, and print disability services, to individuals with disabilities. It also regulates the funding of these services through grants and the accreditation and certification of certain services and programs. The Act is administered by the Minister and the Secretary, who have powers to formulate principles, guidelines, and standards, and to make orders and determinations. The Act extends to the Commonwealth, states, territories, and external territories, with certain exclusions and thresholds. The Act also applies to specific services and programs, such as employment services, advocacy services, and rehabilitation programs, which are subject to accreditation and certification by approved authorities and certification bodies. The Act establishes Disability Standards Review Panels for each state or territory to review the performance of services and make recommendations to the Minister. The Act also outlines procedures for the Minister to declare failure to meet applicable standards and take action against organisations that do not comply with the conditions of grants. The Act provides for the review of services funded under Part II, agreements with transferees of land or equipment, and the provision of rehabilitation services by the Commonwealth, including the cost of rehabilitation programs, training allowances, and living-away-from-home allowances. The Act also includes provisions for the review of decisions under Part III, the power to obtain information, and the secrecy of information acquired in the performance of duties or exercise of powers under the Act. Offences against the secrecy provision are indictable offences, and there is a time limit for the institution of prosecutions.

Key Provisions

• The Disability Services Act 1986 outlines the framework for providing services to persons with disabilities. The Act's main provisions include the establishment of standards for various services, the accreditation of service providers, and the distribution of financial assistance for eligible services. Section 5A allows the Minister to determine eligibility standards for services, disability employment standards, disability advocacy standards, and rehabilitation program standards. Sections 6B to 6E detail the accreditation process for certification bodies that assess compliance with these standards and can issue certificates of compliance. Financial assistance for services is discussed in Part II, where the Minister can approve grants for eligible services (Section 10), research and development activities (Section 12), and advocacy services (Section 13). Transitional and non-transitional grants for employment services are covered in Sections 12AB and 12AD respectively. The Act imposes obligations on the parties or entities it governs, such as ensuring that service providers meet the set standards and comply with the terms and conditions of grants. Failure to comply can result in the revocation of certificates of compliance or the cessation of financial assistance. Under the Act, the Secretary may take measures or enter into arrangements to provide rehabilitation programs (Section 20). The Act also outlines the recovery of costs of rehabilitation programs borne by the Commonwealth (Section 23) and the provision of training and living-away-from-home allowances (Section 24). Offences against the secrecy provision are considered indictable offences, punishable by imprisonment for up to 2 years or a fine not exceeding 50 penalty units (Section 29). The maximum penalty for non-compliance with the requirement to furnish information, produce documents, or give evidence is imprisonment for 6 months or 10 penalty units (Section 27). The Minister has the authority to make orders and declarations regarding the performance of services and the compliance of service providers with applicable standards. Declarations of failure to meet standards or hold certificates of compliance may be made, specifying actions to be taken as a result of the non-compliance (Sections 14G and 14GA). The Minister may also make available to the public information about the Minister's declaration in respect of an eligible organisation's provision of a service (Section 14J).

Legal classification tags

Area of Law

Disability Law

Social Services & Welfare

Instrument

Act

Concepts

Commencement Provisions

Licensing & Registration

Reporting & Disclosure Obligations

Regulatory Standards

Review & Sunset Clauses

Transitional Provisions