Australia's disability laws set to undergo first major shake up in nearly 40 years

The public will have their say on an overhaul of disability services, as the Albanese government launches a review into the legislation.

Social Services Minister Amanda Rishworth says all people living with disability, not just those connected to the NDIS, must get the right support. Source: AAP / Lukas Coch

Key Points

• The laws have not undergone significant change in nearly 40 years.
• The overhaul aims to improve outcomes for the one in six Australians living with a disability.
• It will take recommendations from the community and the Disability Royal Commission.

Australians will have their say as federal disability services laws undergo their first major shake up since 1986.

The Albanese government has launched a landmark review of the Disability Services Act and opened the legislation to public comment.

The Act dictates ways the Australian government can provide disability services beyond the National Disability Insurance Scheme.

Disability Employment Services, advocacy funding, service provider certifications and disability services regulation standards are all governed by this legislation.

The Disability Services Act has not undergone significant change in almost 40 years.

Since then, the federal government signed on to the UN Convention on the Rights of Persons with Disabilities and conducted a royal commission into the violence, abuse, neglect and exploitation of people with disability.

Bill Shorten is the federal minister responsible for the National Disability Insurance Scheme. Source: AAP / Mick Tsikas

The proposed overhaul hopes to improve outcomes for people with disabilities by updating support services in accordance with the country's diplomatic obligations and taking in recommendations from the community.

"One in six Australians are living with disability and it's important we look to how we can improve all our systems to make sure all people living with disability, not just those connected to the NDIS, get the right level of support," Social Services Minister Amanda Rishworth said.

During the consultation period, the federal government will discuss the act's aims, outline who the act should support, consider definitions and inclusive language, and review funding priorities.

In July, the disability royal commission heard people living with disabilities are at a greater risk of experiencing homelessness.

While the federal government has attempted to address this by funding Disability Employment Services, the inquiry found DES providers were not achieving outcomes.

Many job placements for people with disabilities ended abruptly or lasted only the duration of the government subsidies.

In the recent federal budget, the treasurer extended the DES scheme to 2025, allowing time to address concerns and make improvements.