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Law Council of Australia


A New Act to Replace the Disability Services Act 1986

The Law Council of Australia thanks the Department of Social Services (Department) for the opportunity to make a submission in response to its ‘Consultation Paper: A New Act to Replace the Disability Services Act 1986’ (Consultation Paper).

The Law Council is grateful to its constituent body, the Law Institute of Victoria (LIV), for raising the issues addressed in this correspondence. It also thanks its National Elder Law and Succession Law Committee, and National Human Rights Committee for their input.

Executive Summary

1. The Law Council strongly supports the key objective1 of the consultation to ensure the new Act that will replace the Disability Services Act 1986 (Cth) (Disability Services Act) aligns with Australia’s obligations under the Convention on the Rights of Persons with Disabilities (CRPD).2

2. The rights, principles and obligations recognised by the CRPD are relevant to many questions in the Consultation Paper, including the questions relating to the objects of the Act, the definition of the ‘target group’ who may receive the services funded under the Act, a definition of disability, and the quality and safeguarding arrangements made under the Act.3


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