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Disability law in Australia

You don’t need to be a legal expert when you have a child with disability, but it does help to have a general understanding of Australia’s main disability laws. These laws ensure that your child’s rights are protected, and that you and your child get the support and services you need.

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Carers who support and look after people with disability, including parents who care for children with disability, might be able to get a Carer Payment or Carer Allowance if they meet income and assets criteria set out in the Social Security Act.

Commonwealth laws
State and territory laws

Commonwealth laws

Disability Discrimination Act 1992
This Act upholds and protects the equality of people with disability. It makes discrimination against adults or children with disability unlawful in certain situations, particularly in employment and education.

Disability Services Act 1986
This Act is a detailed guide to the funding and provision of Commonwealth support services for people with disability. Under this Act, the Commonwealth is largely responsible for employment services. The states and territories focus on accommodation and other support services.

Social Security Act 1991
This Act lists the conditions for getting a wide variety of social security payments, including the following:

Disability Support Pension (DSP): This is a payment for people who are permanently blind or whose physical, intellectual or psychiatric disabilities prevent them from working. The DSP can be paid only to people over 16 years of age.
Sickness Allowance: This is a short-term payment in the form of income support to people who are temporarily unable to work because of a medical condition. It can be paid only to people over 21 years of age.

If eligible, people with disability might also be able to get pharmaceutical and other medical benefits, such as a Health Care Card.

State and territory laws

Each state and territory has disability services laws as well as specific services for people with disability, including programs especially designed for children and young people.

State/Territory	Law	Details
ACT	Disability Services Act 1991	Disability ACT outlines funding and services provided for people and children with disability in the ACT.
SW	Disability Services Act 1993	Ageing, Disability and Home Care, Department of Human Services, NSW, (ADHC) administers this Act. ADHC provides for the establishment and funding of disability services and sets out the terms under which non-government organisations receive funding. ADHC’s Family Assistance Fund provides a range of services to support families to care for children and young people with disability and funds these services. ADHC also manages the NSW Younger People in Residential Care Program.
NT	Disability Services Act 1993	The NT Department of Health and Community Services, Aged and Disability Services provides funding and services for people and children with disability in the Northern Territory.
Qld	Disability Services Act 2006	The Queensland Department for Disability Services administers this new Act.
SA	Disability Services Act 1993	The South Australian Department of Families and Communities has an Office for Disability and Client Services, which provides and funds services for people and children with disability.
Tas	Disability Services Act 1992	Disability Services is a division of the Tasmanian Department of Health and Human Services and is responsible for the funding, delivery and monitoring of services to people with disability.
Vic	Disability Services Act 2006	Victorian Disability Services administers this new Act. The Victorian Government’s DiVine website provides a wealth of information relevant to Victorians with disability, their families and carers, including information about support for parents caring for children with disability.
WA	Disability Services Act 1993	Disability WA funds and provides services under this Act.

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FaHCSIA - Disabilities

Last Updated 21-09-2007
Last Reviewed 04-08-2011
Acknowledgements
Content funded by NSW Department of Ageing, Disability and Home Care
Content developed in collaboration with the NSW Disability Discrimination Legal Centre Inc.

References