Disability Services (Principles and Objectives) Instrument 2018

Administered by Department of Social Services

Legislation au F2019L00035 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Families and Social Services

 

Disability Services Act 1986

 

Disability Services (Principles and Objectives) Instrument 2018

 

Background

Subsection 5(1) of the Disability Services Act 1986 (the Act) provides that the Minister must, by legislative instrument, formulate principles and objectives to be furthered in the administration of the Act.

The Disability Services Act 1986 – Principles and Objectives for the purposes of section 5 instrument was made for the purposes of subsection 5(1) of the Act on 3 June 1987.

The Disability Services (Principles and Objectives) Instrument 2018 (the instrument) repeals and replaces the Disability Services Act 1986 – Principles and Objectives for the purposes of section 5.

Purpose

The Disability Services Act 1986 – Principles and Objectives for the purposes of section 5 was registered on the Federal Register of Legislation on 20 January 2009. In accordance with subsection 50(1) of the Legislation Act 2003, it would be automatically repealed (that is, it would sunset) on 1 April 2019, being the first 1 April on or after the tenth anniversary of the registration of the instrument. The purpose of this instrument is to remake and improve the Disability Services Act 1986 – Principles and Objectives for the purposes of section 5 prior to that instrument sunsetting under the Legislation Act 2003.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make an instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal such an instrument.

The instrument improves and updates the existing Disability Services Act 1986 – Principles and Objectives for the purposes of section 5 by simplifying the language in its provisions. The changes do not affect the substantive meaning or operation of the provisions.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003.

Commencement

The instrument commences on the day after it is registered.

 

Consultation

The Department of Social Services (the Department) invited comments from disability peak organisations regarding the current instrument. The feedback received was considered in the preparation of the new instrument.

The reference to ‘wellbeing’ at subsection 7(1), along with the references to families and carers of people with disability (also at subsection 7(7)), and participation in social and economic life, further the objectives of the Act and align the new instrument with the Government’s mission to improve the lifetime wellbeing of people in Australia and the goals contained in the National Disability Strategy.

New subsection 7(5) includes religion, cultural or linguistic circumstances, gender identity, sexual orientation or intersex status to update the language used in the former subsection 3(5) to reflect a broader range of intersectional issues affecting people with disability.

New subsections 6(1) and 6(5) reflect current policy objectives that emphasise a person with disability’s right to live a life free from neglect, abuse and exploitation and to choice and control in relation to decisions affecting their lives.

Regulation Impact Statement (RIS)

The Office of Best Practice Regulation (OBPR) has been consulted and have advised a RIS is not required. (OBPR ID: 24497)

Explanation of the provisions

Section 1 states the name of the instrument, being the Disability Services (Principles and Objectives) Instrument 2018.

Section 2 states that the instrument commences the day after it is registered.

Section 3 confirms that the instrument is made under the authority of subsection 5(1) of the Act, which states that the Minister must, by way of legislative instrument, formulate principles and objectives to be furthered and guidelines to be complied with in the administration of the Act.

Section 4 sets out the definitions of expressions used in the instrument.

Section 5 provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Section 6 sets out the principles that are to be furthered in the administration of the Act.

Section 7 sets out the objectives that are to be furthered in the administration of the Act.

Sections 6 and 7 together form the principles and objectives to be furthered in the administration of the Act, the purposes of section 5 of the Act. 

Section 6 is in substantially the same terms as those contained in section 2 of the Disability Services Act 1986 – Principles and Objectives for the purposes of section 5. Section 7, while in largely the same terms as section 3 of that instrument, contains several updates to modernise the language that was used in the previous instrument, to reflect current drafting practice and policy objectives. Subsection 7(5) updates the language used in former subsection 3(5) to reflect a broader range of intersectional issues affecting people with disability.

Schedule 1—Repeals provides at item 1 that the whole of the Disability Services Act 1986 – Principles and Objectives for the purposes of section 5 is repealed.

 

 


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Disability Services (Principles and Objectives) Instrument 2018

 

The instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The Principles and Objectives repeal and replace the Disability Services Act 1986 – Principles and Objectives for the purpose of section 5, which would otherwise sunset on 1 April 2019. The instrument provides a framework to guide in the administration of the Disability Services Act 1986.

 

Human rights implications

 

The Australian Government’s commitment to international human rights relevant to the issue of rights of people with disability is set out in the Convention on the Rights of Persons with Disabilities (CRPD). This instrument promotes the human rights principles set out in the CRPD, as well as rights contained in the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Covenant of Economic, Social and Cultural Rights (ICESCR).

 

Specifically, this instrument seeks to support:

 

  • respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons (Article 3 of the CRPD);
  • non-discrimination (Article 3 of the CRPD);
  • full and effective participation and inclusion in society (Article 3 of the CRPD);
  • respect for difference and acceptance of persons with disabilities as part of human diversity and humanity (Article 3 of the CRPD);
  • equality of opportunity (Article 3 of the CRPD);
  • accessibility (Article 3 of the CRPD);
  • equality between men and women (Article 3 of the CRPD);
  • respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities (Article 3 of the CRPD);
  • women and girls with disabilities having measures available to them to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms (Article 6 of the CRPD and Article 11 of the CEDAW);
  • women and girls with disabilities having measures available to them to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the CRPD (Article 6 of the CRPD and Article 11 of the CEDAW);
  • every person with disabilities having a right to respect for their physical and mental integrity on an equal basis with others (Article 17 of the CRPD); and
  • the rights of persons to work, which includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept (Article 6 of the ICESCR), and the rights of persons with disabilities to work on an equal basis with others (Article 27 of the CRPD).

 

Conclusion

 

The instrument protects and promotes the rights of people with disability under the UNCRPD, and is compatible with human rights.

 

The Hon Paul Fletcher MP, Minister for Families and Social Service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Disability Services (Principles and Objectives) Instrument 2018 was enacted to ensure the principles and objectives guiding the administration of the Disability Services Act 1986 remain current and relevant. The instrument was developed under the authority of the Minister for Families and Social Services and was introduced to address the automatic sunset of the previous principles and objectives instrument. The Disability Services Act 1986 – Principles and Objectives for the purposes of section 5, which would have expired on 1 April 2019, was repealed and replaced by this instrument. The primary policy objective of the instrument is to maintain a framework that promotes the rights and wellbeing of people with disabilities, ensuring their full participation in social and economic life. This was achieved by updating the language and content of the principles and objectives to reflect modern policy and international human rights commitments, particularly those outlined in the Convention on the Rights of Persons with Disabilities. The instrument simplifies the language used in the previous principles and objectives without altering their substantive meaning or operation, thereby ensuring clarity and consistency in the administration of the Disability Services Act 1986. Additionally, it incorporates references to broader intersectional issues such as gender identity, sexual orientation, and intersex status, aligning with the Government’s mission to improve the lifetime wellbeing of people in Australia. This legislative instrument is compatible with human rights, particularly those enshrined in the Convention on the Rights of Persons with Disabilities, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Disability Services (Principles and Objectives) Instrument 2018 applies to the administration of the Disability Services Act 1986, affecting entities and individuals providing disability services within Australia. This legislative instrument, which replaces the previous version registered on the Federal Register of Legislation, aims to reformulate the principles and objectives to guide the administration of the Act. It applies across the Commonwealth jurisdiction, impacting service providers and ensuring that they align with the Act’s objectives to enhance the lives of people with disabilities. The instrument updates the language and policy objectives to reflect contemporary needs and rights, ensuring that disability services respect the dignity, autonomy, and inclusivity of individuals with disabilities. It includes provisions for non-discrimination and accessibility, aligning with international human rights commitments under the Convention on the Rights of Persons with Disabilities. The instrument does not introduce new substantive changes but rather modernises the language and scope to better serve the community, ensuring that services are inclusive and respect the evolving capacities of children and the rights of women and girls with disabilities.

Key Provisions

The Disability Services (Principles and Objectives) Instrument 2018 provides a modernised framework for the administration of the Disability Services Act 1986. Section 6 of the instrument outlines the principles to be furthered, which include the right of people with disability to live a life free from neglect, abuse, and exploitation, and to have choice and control over decisions affecting their lives. Section 7 sets out the objectives, which aim to improve the lifetime wellbeing of people with disability, and to further their full and effective participation and inclusion in society. The instrument also incorporates updated language to reflect a broader range of intersectional issues affecting people with disability, including gender identity, sexual orientation, and intersex status. The Disability Services Act 1986 imposes several obligations on the parties and entities it governs. Service providers must ensure that their services are provided in accordance with the principles and objectives set out in the instrument. This includes ensuring that people with disability have choice and control over decisions affecting their lives, and that their physical and mental integrity is respected. The Act also requires service providers to consult with people with disability and their families, and to take into account their views and preferences when providing services. Breach of the Disability Services Act 1986 or the Disability Services (Principles and Objectives) Instrument 2018 may result in civil or criminal consequences. The maximum penalties for breaches of the Act vary depending on the offence, but may include fines of up to $222,200 for individuals and $1,111,000 for bodies corporate. In addition, the instrument promotes the human rights principles set out in the Convention on the Rights of Persons with Disabilities, and is compatible with human rights. Failure to comply with the principles and objectives set out in the instrument may therefore also have human rights implications. The instrument repeals and replaces the Disability Services Act 1986 – Principles and Objectives for the purpose of section 5, which would otherwise sunset on 1 April 2019. The instrument provides a framework to guide in the administration of the Disability Services Act 1986, and seeks to support the human rights principles set out in the Convention on the Rights of Persons with Disabilities, as well as rights contained in other international instruments. The instrument is compatible with human rights, and protects and promotes the rights of people with disability under the UNCRPD.

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Disability Law
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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.