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Guide to legislation

Australian Government employment service providers should be aware of the legislative framework for the provision of services for people with disability.

Commonwealth State and Territory Disability Agreement

The Commonwealth State and Territory Disability Agreement provides the national framework for the provision of government support to services for people with disability. 

Under the Agreement:

  • The Australian Government is responsible for the planning, policy setting and management of employment services for people with disability. 
  • State and territory governments are responsible for the planning, policy setting and management of accommodation support, community support, community access and respite care.
  • Both levels of government are responsible for advocacy and print disability services.

The Department of Families, Community Services and Indigenous Affairs has published a fact sheet that explains these responsibilities in detail—see Related Links. 

Commonwealth legislation

As an Australian Government employment service you should be aware of the Commonwealth Disability Services Act 1986. Disability Employment Services Services are funded under this legislation.

The Disability Services Act outlines arrangements for the provision of services for people with disability. 

The National Disability Services Standards sit under the Disability Services Act 1986 and applies to Disability Employment Services.  Service quality is assessed against the Disability Service Standards by skilled audit teams from accredited certification bodies.

State and territory Disability Services Acts

As part of the first Commonwealth State and Territory Disability Agreement all state and territory governments were required to introduce their own disability services legislation, to complement the Commonwealth Disability Services Act 1986.

Below you’ll find a list of the agencies responsible for administering the state and territory Disability Services Acts, including links to information about each of the Acts and contact details (please note that these links will take you to external site in a new window).

Australian Capital Territory

Disability ACT administers the Disability Services Act 1991. 

New South Wales

The Department of Ageing, Disability and Home Care funds programmes and services for people with disability in New South Wales.

Northern Territory

The Department of Health and Community Services is responsible for disability services in the Northern Territory and administers the Disability Services Act.

Queensland

In December 2005 new legislation, the Disability Services Bill 2005, was introduced into the Queensland Parliament. Disability Services Queensland is the responsible agency.

South Australia

The Department for Families and Communities', Office for Disability and Client Services supports agencies to provide a range of services for people with disability in South Australia.

Tasmania

The Department of Health and Human Services manages the Disability Services program in Tasmania, under the Disability Services Act 1992.

Victoria

There are currently two Acts for Disability legislation in Victoria, the Disability Services Act 1991 and the Intellectually Disabled Persons’ Services Act 1986.  Both Acts are currently being reviewed.

Western Australia

The Disability Services Commission is responsible for disability services in Western Australia.



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