Unclear target groups
Critics warned that removing a clear definition of eligible target groups could make it harder to know who should receive supports under the new framework, creating uncertainty about access in practice.
This bill became law on Dec 4th, 2023.
Health, care & disability
The CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. can now fund disability supports and services outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing. for people with disability, as well as their families and carers.
The 1986 disability law was outdated and left no modern framework for funding disability programs outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing.. This bill replaces it with a broader law that lets the CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. fund and regulate supports, services and advocacy for people with disability, families and carers.
The Disability Services Act 1986The older Commonwealth law this bill replaces as the legal base for disability funding outside the NDIS. had long remained the legal base for CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. disability programs outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing., even as disability services, rights standards and the scale of need changed and many supports for people with disability, families and carers sat outside a modern statutory scheme. The bill responded by replacing that older law with a new framework to fund and regulate non-NDISAustralia's main disability support system, which this bill sits beside rather than replacing. services and advocacy, and after Parliament passed it in late 2023 the new Act became the legal basis for those CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. programs.
The main criticism was that the bill leaves too much to ministerial discretion and does not clearly define who the new non-NDISAustralia's main disability support system, which this bill sits beside rather than replacing. funding framework is meant to cover, creating uncertainty about access and safeguards. These concerns were raised mainly by Coalition speakers and some crossbench and Greens members, but no party represented in the debate opposed the bill outright and most criticism was tied to calls for amendments or stronger protections.
Amanda Rishworth MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 04 Dec 2023
Final passage
Passed without a counted vote
6 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
81 days
From introduction to the latest recorded parliamentary step
Meaning
The CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. can now fund disability supports and services outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing. for people with disability, as well as their families and carers.
Funded disability advocacy can include legal help for people with disability to understand, uphold and enforce their rights.
The MinisterThe minister responsible for this bill and for setting some of the future rules and funded activities under it. can add new kinds of funded disability activities by legislative instrumentA type of delegated law the Minister can use to add or change funded activity rules without rewriting the Act itself., so future supports are not limited to the list written into the Act.
Providers funded under this law can have funding changed or ended, and their breach made public, if they break the statutory funding conditionsThe legal conditions providers must follow to keep Commonwealth disability funding under this Act..
People handling information under this law cannot use or share protected personal informationPersonal information that this law treats as restricted and says generally cannot be used or shared without legal permission. unless the law specifically allows it.
(b) provide funding, outside of the National Disability Insurance Scheme, to persons that provide supports and services for the benefit of people with disability, their families and carers; andDisability Services and Inclusion as-passed bill text
(b) to assist a person with disability to understand and advocate for their rights and to uphold and enforce their rights, including the provision of legal services; orDisability Services and Inclusion as-passed bill text
(2) The Minister may, by legislative instrument, determine an activity for the purposes of paragraph (1)(p).Disability Services and Inclusion as-passed bill text
A breach of the statutory funding conditions can result in termination or variation of the funding agreement, termination or variation of the arrangement or grant and publication of information about the breach.Disability Services and Inclusion as-passed bill text
Information obtained or generated by entrusted persons in administering this Act cannot be used or disclosed unless required or authorised by this Act.Disability Services and Inclusion as-passed bill text
Context
The Disability Services Act 1986The older Commonwealth law this bill replaces as the legal base for disability funding outside the NDIS. had long remained the legal base for CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. disability programs outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing., even as disability services, rights standards and the scale of need changed and many supports for people with disability, families and carers sat outside a modern statutory scheme. The bill responded by replacing that older law with a new framework to fund and regulate non-NDISAustralia's main disability support system, which this bill sits beside rather than replacing. services and advocacy, and after Parliament passed it in late 2023 the new Act became the legal basis for those CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. programs.
Parliament creates the original Disability Services Act
The 1986 Act became the CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services.'s legal basis for disability services funding that the 2023 bill later set out to repeal and replace.
Australian Parliament House ↗Government introduces a replacement for the 1986 disability law
The ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. said the bill would create a modern framework for disability supports and services outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing., which she noted sits alongside help used by 4.4 million Australians with disability.
Hansard ↗House debate centres on how much the disability sector had changed since 1986
Speakers argued the nearly 40-year-old law no longer matched major changes in disability policy, regulation, international obligations and service delivery.
Hansard ↗House passes the bill
The House agreed to the bill after debate on using a clearer statutory framework to fund and oversee disability services outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing..
Parliamentary timeline ↗Senate passes the bill with amendments
The Senate approved the bill after agreeing to amendment packages, showing the new framework would proceed with changes before final settlement between the chambers.
Parliamentary timeline ↗Parliament passes the bill
The House agreed to the Senate amendments so the bill could pass both houses in the same form and complete its parliamentary journey.
Parliamentary timeline ↗Royal AssentThe final step that turns a bill passed by Parliament into an Act of Parliament. makes the new disability law official
Royal AssentThe final step that turns a bill passed by Parliament into an Act of Parliament. turned the bill into an Act, replacing the old legislative base with a new CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. framework for non-NDISAustralia's main disability support system, which this bill sits beside rather than replacing. disability programs.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (14/09/2023): Senate Community Affairs Legislation Committee; Committee report (09/11/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill leaves too much to ministerial discretion and does not clearly define who the new non-NDISAustralia's main disability support system, which this bill sits beside rather than replacing. funding framework is meant to cover, creating uncertainty about access and safeguards. These concerns were raised mainly by Coalition speakers and some crossbench and Greens members, but no party represented in the debate opposed the bill outright and most criticism was tied to calls for amendments or stronger protections.
Criticism focused on drafting, safeguards and implementation risk rather than rejecting the bill’s purpose.
Unclear target groups
Critics warned that removing a clear definition of eligible target groups could make it harder to know who should receive supports under the new framework, creating uncertainty about access in practice.
Too much left to ministerial or delegated powers
Critics argued the bill gives the ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. too much discretion to shape future funded activities and key safeguards through delegated rules, instead of locking more protections into the Act itself.
Reform seen as too limited
Some supporters said the bill did not go far enough to deliver reforms sought by the disability community and the royal commission, especially on stronger safeguards and ending segregated settings.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Defeated 10 to 23. Support came from Greens. Opposition came from Labor, Liberal Party, and UAP.
The Senate rejected the amendment and then agreed to the original second reading, so the bill advanced without that added statement of support.
Defeated 11 to 21. Support came from Greens. Opposition came from Labor, Liberal Party, and Nationals.
The Senate rejected the title change, so the bill kept its full short title.
Defeated 12 to 20. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The package would have set transition dates for ending public funding of segregated disability services, but the Senate defeated it.
Defeated 11 to 23. Support came from Greens. Opposition came from Labor, Liberal Party, Nationals, and minor parties and independents.
The Senate rejected the package, so the bill kept the proposed transition framework rather than the faster phase-out of segregated services.
Defeated 12 to 20. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The amendments would have substantially tightened the bill's safeguards and rights framework, but the Senate defeated the package.
Moved by Janet Rice (Greens). Defeated 12 to 20. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals.
The change would have made the DSP less restrictive by removing the program-of-support requirement, but the Senate defeated it.
The Senate agreed to government amendments requiring accrediting authorities to have appropriate internal controls and complaints processes.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate agreed on voices to Senator Steele-John’s proposal, which would let advocacy supports or services include legal services.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Government amendments tighten accreditation by requiring accrediting authorities to have appropriate internal controls and complaints processes before accreditation is granted.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Rishworth supports the bill and says it will replace outdated disability legislation with a modern, inclusive framework that broadens funding options and strengthens quality and safeguarding.
Read in Hansard ↗Reynolds says the opposition will support the bill because it updates the funding and regulatory framework for disability services, but she argues it is still deficient and should be amended.
Read in Hansard ↗Ryan supports the bill and commends it to the House, saying it is needed to improve disability supports for people outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing..
Read in Hansard ↗McCarthy supports the bill, saying it will replace outdated disability law with a modern, inclusive framework that broadens CommonwealthThe federal government, which gets the power under this bill to fund and regulate disability supports and services. funding for supports outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing. and strengthens quality and safeguarding.
Read in Hansard ↗All speeches by bloc
8 speakers · 10 contributions · 8 support
“In summary, the Government is repealing the Disability Services Act and replacing it with a modern, inclusive Act, that in conjunction with other laws, gives effect to the Convention on the Rights of Persons with Disabilities and other international obligations and enables funding of a broader range of disability programs to benefit people with disability using services outside the NDIS.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Amanda Rishworth on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Rishworth supports the bill and says it will replace outdated disability legislation with a modern, inclusive framework that broadens funding options and strengthens quality and safeguarding. She argues it is needed to support people with disability outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing. and better reflect current service delivery and human rights obligations.
“The Disability Services and Inclusion Billrepresents a significant step forward in providing inclusive supports and services to all people with disability.”Read this contribution in Hansard ↗
Second reading speech
Rishworth supports the bill, saying it will modernise disability funding and service settings, improve safeguarding, and back inclusion for all people with disability. She argues the old framework is no longer fit for purpose and that the new act gives government flexibility to respond to changing needs outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing..
“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.”Read this contribution in Hansard ↗
“I rise to support the Disability Services and Inclusion Bill 2023. This is a very important piece of legislation because it will help one in six Australians who are living with disability.”Read the full speech in Hansard ↗
“This legislation is needed. Repealing the current act, replacing it with contemporary, modern and streamlined legislation is the most effective way to ensure that the government is able to support all people with disability and complement the supports provided to people with disability who are eligible for the NDIS.”Read the full speech in Hansard ↗
“It honours the commitment of the Albanese Labor government, and I stand here advocating for the passage of this bill as a proud member of the government.”Read the full speech in Hansard ↗
“What we do here today is in line with the government's commitment to enable people with disability to participate fully in society and to exercise full choice and full control over their lives. I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Anne Stanley on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Anne Stanley supports the bill, saying it repeals and replaces outdated disability legislation so Australia can better meet its human rights obligations and fund disability services outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing.. She argues the changes were shaped by public consultation and will reduce administrative delays and improve outcomes for people with disability.
“The bills being debated here today will ensure we can do better by repealing and replacing the act, which has become outdated and restrictive.”Read this contribution in Hansard ↗
Second reading speech
Stanley supports the bill and says it will modernise disability funding outside the NDISAustralia's main disability support system, which this bill sits beside rather than replacing. by adding clearer oversight, provider standards, complaints handling and compliance requirements. She presents it as another step in the government’s commitment to better support Australians with disability and commends it to the House.
“These bills are another step in our government's commitment to support those Australians who rely on services. We are under no illusion that this will be the last step. Whether it be continued support and the strengthening of the NDIS or the recent establishment of the task force to respond to the royal commission's recommendations, the Albanese Labor government will continue supporting all Australians living with a disability, because they fundamentally deserve to live with dignity and respect. I am proud to commend the bill to the House.”Read this contribution in Hansard ↗
“I look forward to getting into the Committee of the Whole to address other issues that people might have. I commend the bill to the Senate.”Read the full speech in Hansard ↗
5 speakers · 6 contributions · 4 support · 1 mixed
“Coming back to the bill itself, the bill does establish an updated framework for the funding and regulation of programs that support one in six Australians with a disability, their families and their carers. It also makes some consequential arrangements to other bills and arrangements. While we support this bill and the updating of this framework, as usual, it is deficient in a number of areas. We hope that the government will now start looking at amendments. Why they did not address these areas in the drafting of the bill is completely beyond me, because that seemed like such a logical thing to do. If they were going to bring forward this bill, they should have made sure they brought forward the best possible bill.”Read the full speech in Hansard ↗
“Firstly, may I note upfront that, whilst the opposition has some concerns with aspects of the bill in front of us, which I will briefly outline, we won't stand in the way of this bill progressing in the House and we won't oppose it.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Andrew Wallace on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Wallace speaks sympathetically about the experiences of people with disability and says parliament has a responsibility to improve their lives, but in the excerpt he does not yet state a clear position on the bill itself.
“In the short time that I have tonight, I want to touch on a few things in relation to the Disability Services and Inclusion Bill 2023. I will probably come back and finish my speech tomorrow. I've been here for seven years now and, in this place, we have an opportunity to change people's lives for the better and, if we get it wrong, we change their lives for the worse.”Read this contribution in Hansard ↗
Second reading speech
Wallace says the coalition sees good parts in the Disability Services and Inclusion Bill, but he is not satisfied with its current form because it does not define target groups and gives the ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. too much discretion. His support depends on those concerns being addressed.
“Whilst there are good parts of the bill, I don't agree with all parts of the bill. One of the concerns I have with the bill is its failure to define target groups. This is where the key issue lies with this piece of legislation. The bill does not define target groups that will be eligible for supports and services. This is a departure from the current legislation.”Read this contribution in Hansard ↗
“In conclusion, I commend this bill to the House. It reflects work that commenced under the former coalition government. It also reflects many of the recommendations that came out of the royal commission. It does also reflect Australia's international obligations under the United Nations convention. For all of those reasons, I commend this bill to the House.”Read the full speech in Hansard ↗
“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.”Read the full speech in Hansard ↗
5 speakers · 2 support · 3 mixed
“Against those benchmarks, this bill in its current form is a failure. It fails to achieve the objects that it sets out to achieve, and that is why it is in need of significant amendment.”Read the full speech in Hansard ↗
“I want to state again that the Greens know how significant repealing the Disability Services Act is. So, we won't let this opportunity pass us by without advocating for the transformative change that's needed. So, Senator Steele-John and I will be moving amendments in the debate of the committee of the whole to improve the adequacy, the accessibility and the inclusivity of the Disability Support Pension.”Read the full speech in Hansard ↗
“The Greens have a few amendments to this bill, and Senator Steele-John and I have co-sponsored two of those. I know he will continue to speak to those on my behalf. These amendments seek to highlight the intersections for First Nations disabled people and the unique needs and considerations that First Nations disabled people need in order to obtain culturally safe and appropriate care and support while ensuring that they still have connection to their culture and their community.”Read the full speech in Hansard ↗
“This is an opportunity to tangibly and immediately improve the lives of disabled people, including by making reforms to the disability support pension, ensuring the provision of equitable access to preventative and primary health care and making reforms to ensure national standardisation, including a national assistance animal framework. Such reforms are all absent from this bill. The only barrier to the inclusion of these mechanisms is political will. Therefore, while the Greens are supporting this bill in the House, we will seek to make significant amendments to the bill in the Senate, in line with the calls of the disability community. We implore the government and opposition to support these amendments. It is imperative that this opportunity to replace the Disability Services Act does not pass by without our doing everything we can to end the cycle of segregation that too many disabled people find themselves trapped within.”Read the full speech in Hansard ↗
“I support these amendments, and I say to the government: if we can't end segregation in our schools, when are we ever going to end it?”Read the full speech in Hansard ↗
1 speaker · 1 support
“I commend this bill to the House, and I hope it will be effective in improving outcomes for all Australians with mental and physical disability.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A ministerThe minister responsible for this bill and for setting some of the future rules and funded activities under it. or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of Parliament., turning the bill into an Act.
Senate Community Affairs Legislation Committee; Committee report (09/11/2023)
Referred to committee
Referred to Committee (14 Sept 2023): Senate Community Affairs Legislation Committee; Committee report (9 Nov 2023)
APH bill page notes