Disability Services Act 1986 - Principles and Objectives for the purposes of section 5

Administered by Department of Social Services

Legislation au F2009B00030 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

 

 

 

 

Disability Services Act 1986

 

 

 

 

PRINCIPLES AND OBJECTIVES FOR THE PURPOSES OF SECTION 5

 

 

 

 

 

I, CHRISTOPHER JOHN HURFORD, the Minister of State for Community Services, pursuant to section 5 of the Disability Services Act 1986 and section 4 of the Acts Interpretation Act 1901, hereby formulate the principles and objectives set out in the Schedule to be principles and objectives to be furthered in the administration of the Disability Services Act 1986.

 

______________________________

 

 

SCHEDULE

 

PRINCIPLES AND OBJECTIVES

 

Preliminary

 

1. In this Schedule, unless the contrary intention appears -

 

"advocate" means a person who assists -

 

(a) people with disabilities; or

 

(b) the families of people with disabilities,

 

to represent their interests;

 

"programs" means programs for people with disabilities administered by the Commonwealth pursuant to the Disability Services Act 1986 (the Act); and

 

"services" means services provided to people with disabilities and includes rehabilitation programs provided under Part III of the Act.

 

 


Principles

 

2. (1) People with disabilities are individuals who have the inherent right to respect for their human worth and dignity.

 

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

 

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

 

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

 

 (5) People with disabilities have the same right as other members of Australian society to participate in the decisions which affect their lives.

 

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

 

 (7) People with disabilities have the same right of pursuit of any grievance in relation to services as have other members of Australian society.

 

 

Objectives

 

3. (1) Services should have as their focus the achievement of positive outcomes for people with disabilities, such as increased independence, employment opportunities and integration into the community.

 

 (2) Services should contribute to ensuring that the conditions of the every-day life of people with disabilities are the same as, or as close as possible to, norms and patterns which are valued in the general community.

 

 (3) Services should be provided as part of local co-ordinated service systems and be integrated with services generally available to members of the community, wherever possible.

 

 (4) Services should be tailored to meet the individual needs and goals of the people with disabilities receiving those services.

 

 (5) Programs and services should be designed and administered so as to meet the needs of people with disabilities who experience a double disadvantage as a result of their sex, ethnic origin, or Aboriginality.

 

 (6) Programs and services should be designed and administered so as to promote recognition of the competence of, and enhance the image of, people with disabilities.

 

 (7) Programs and services should be designed and administered so as to promote the participation of people with disabilities in the life of the local community through maximum physical and social integration in that community.

 

 (8) Programs and services should be designed and administered so as to ensure that no single organisation providing services shall exercise control over all or most aspects of the life of a person with disabilities.

 

 (9) Organisations providing services, whether those services are provided specifically to people with disabilities or generally to members of the community, should be accountable to those people with disabilities who use their services, the advocates of such people, the Commonwealth and the community generally for the provision of information from which the quality of their services can be judged.

 

 (10) Programs and services should be designed and administered so as to provide opportunities for people with disabilities to reach goals and enjoy lifestyles which are valued by the community generally and are appropriate to their chronological age.

 

 (11) Services should be designed and administered so as to ensure that people with disabilities have access to advocacy support where necessary to ensure adequate participation in decision-making about the services they receive.

 

 (12) Programs and services should be designed and administered so as to ensure that appropriate avenues exist for people with disabilities to raise and have resolved any grievances about services.

 

 (13) Services should be designed and administered so as to provide people with disabilities with, and encourage them to make use of, avenues for participating in the planning and operation of services which they receive and the Commonwealth and organisations should provide opportunities for consultation in relation to the development of major policy and program changes.

 

 (14) Programs and services should be designed and administered so as to respect the rights of people with disabilities to privacy and confidentiality.

 

 

 

 

 

 

Dated third day of June 1987

 

 

 

 

 

C J Hurford

Minister of State for

Community Services

Overview

The Disability Services Act 1986 was enacted to establish principles and objectives for the provision of disability services across Australia, ensuring that people with disabilities are afforded respect, dignity, and equal rights in line with the broader community. This legislation was brought into effect by the Commonwealth Parliament to address the gap in comprehensive disability services and support, aiming to ensure that such individuals have access to quality services that enhance their independence, community integration, and overall quality of life. The Act, through its formulation of guiding principles and objectives, seeks to embed a framework that promotes the autonomy, rights, and social inclusion of people with disabilities, ensuring services are tailored to individual needs while fostering broader societal recognition and respect for their capabilities and contributions.

Scope and Application

The Disability Services Act 1986, as supplemented by the principles and objectives formulated under the legislative instrument F2009B00030, applies to people with disabilities, their families, and the providers of disability services in Australia. The principles and objectives aim to guide the administration of disability services across the Commonwealth, ensuring that these services respect the human rights, dignity, and individuality of people with disabilities. The act is designed to ensure that people with disabilities have access to services that enable them to achieve a reasonable quality of life, participate in community life, and make decisions that affect their lives. The services covered by the act are those administered by the Commonwealth under the Disability Services Act, including rehabilitation programs. The act extends to ensuring that services are tailored to individual needs, are integrated with general community services, and provide avenues for advocacy and grievance resolution. The objectives outlined in the legislative instrument aim to promote independence, community integration, and respect for the rights of people with disabilities, while also ensuring that service providers are accountable and that the services provided are of high quality. The act's reach is national, applying uniformly across Australia, with potential for further elaboration through subordinate instruments as necessary.

Key Provisions

The legislative instrument establishes the principles and objectives for the administration of the Disability Services Act 1986. The key provisions of the Act, as outlined in the Schedule, articulate the inherent rights and societal roles of people with disabilities, emphasising their fundamental rights to respect, equality, and participation. Specifically, Section 2 (1) through (7) affirm the rights of people with disabilities to human dignity, equal rights, and opportunities for development, quality of life, and decision-making. Section 3 (1) through (14) detail objectives for disability services, focusing on positive outcomes, integration, individual needs, and community participation, among others. The Act imposes several obligations on the parties it governs. It mandates that disability services must be designed and administered in a way that supports the dignity, rights, and quality of life of people with disabilities, ensuring that their services are integrated with general community services, tailored to individual needs, and provided in a manner that respects their privacy and confidentiality. Services must also be coordinated and avoid placing excessive control over individuals’ lives, promoting their autonomy and active participation in decision-making processes. Furthermore, service providers must be accountable to the people they serve, their advocates, the Commonwealth, and the broader community, ensuring transparency and quality of service provision. Failure to comply with the Act’s principles and objectives can result in legal consequences. While specific offences and penalties are not detailed in the text, breaches of the Act could potentially lead to civil or criminal actions. This might include legal proceedings for non-compliance, fines, or other penalties as prescribed by relevant laws. The precise penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines that may be established to enforce the Act’s provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.