Legislative change

Appendix 1 LEGISLATIVE HISTORY
Commonwealth1
State Other2
1900 Commonwealth power to pay age and invalid pensions.3
An acceptance of community responsibility for the disabled saw the establishment of
institutions. These were often started by parents, and were diagnosis specific. Most
received some financial support from government.41908 Invalid and Old Age Pensions Act 1908.5
1941 Civilian Rehabilitation Scheme established.6
1954 Aged and Disabled Persons Homes Act7
supports disabled
accommodation.8
1956 Home Nursing Subsidies Act9
subsidises the expansion of home
nursing services. 10
1963 Disabled Persons Accommodation (Assistance) Act,11
(DPAAA)
supporting organisations providing accommodation to workers in
supported employment.
1967 Sheltered Employment (Assistance) Act12
replaces DPAAA for
Commonwealth grants re supported accommodation.
1968 Handicapped Children’s Benefit Act supports housing disabled
children.13
1969 States Grants (Home Care) Act14
to support States in providing
domestic assistance, and States Grants (Paramedical Services) Act15
to
1
Including reports released where they were commissioned by the government of the time.
2
Including reports released by third parties, precedent setting court cases and other relevant influences.
3
Commonwealth of Australia Constitution Act, s 15xxiii.
4
Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).
5
Invalid and Old Age Pensions Act 1908 (Cth).
6
Janet Phillips, Disability Support and Services in Australia (2008)
7
Aged and Disabled Persons Homes Act 1954 (Cth).
8
A function previously carried out by the States.
9
Home Nursing Subsidies Act 1956 (Cth).
10
A function previously carried out by the States.
11
Disabled Persons Accommodation (Assistance) Act 1963 (Cth).
12
Sheltered Employment (Assistance) Act 1967 (Cth).
13
Previously the responsibility of the States.

© Naomi Anderson 2013
Page 2 of 12
Commonwealth1
State Other2
support States in providing paramedical services for aged or disabled
people living at home. States Grants (Nursing Homes) Act16
to
support States in increasing number of nursing home places for the
‘sick aged of little means’ and those with severe disability. 17
197018
Delivered Meals Subsidy Act19
subsidises delivering meals to
disabled. Handicapped Children's Assistance Act20
subsidises training
& accommodation.21
Disability rights movements gained
strength in the 1970s and pressure for
deinstitutionalisation began to mount.
1971 Senate Inquiry: Mentally and Physically Handicapped Persons in
Australia22
United Nations Declaration on the
Rights of Mentally Retarded Persons
1972
1973
1974 Handicapped Child’s Allowance23
for parents of severely handicapped
children requiring constant care and attention at home.24
Nursing
Homes Assistance Act25
funding charitable nursing homes, allocation
of 5% of beds for non aged disabled.
Handicapped Persons Assistance Act26
(HPAA) significantly
increased funding for training, therapy, rehabilitation.
The Committee of Enquiry into Compensation and Rehabilitation, and
Commission of Enquiry into Poverty re national rehabilitation service
United Nations Declaration of Rights
of Disabled Persons
14
States Grants (Home Care) Act 1969 (Cth).
15
States Grants (Paramedical Services) Act 1969 (Cth).
16
States Grants (Nursing Homes) Act 1969 (Cth).
17
18
From 1970, every year is shown, even when there is no activity. This is intended to give the reader a greater sense of the uneven progression of change across time.
19
Delivered Meals Subsidy Act 1970 (Cth).
20
Handicapped Children's Assistance Act 1970 (Cth).
21
Previously a State responsibility.
22
NB: Senate Inquiries are reported from 1970 only, due to limitations in the data available on the Parliamentary website. Only final reports are listed, and inquiries into
Parliamentary references are excluded.
23
Handicapped Child’s Allowance Act 1974 (Cth).
24
Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).
25
Nursing Homes Assistance Act 1974 (Cth).
26
Handicapped Persons Assistance Act 1974 (Cth).

Page 3 of 12
Commonwealth1
State Other2
assist people to become more active in the community.27
Senate Inquiry: Rehabilitation Services for the Disadvantaged
(Handicapped)
1975
1976
1977 Royal Commission on Human Relationships of 1977; inadequacy of
disability programs and detrimental consequences of focus on
exclusion.28
Report of the Victorian Committee on Mental
Retardation suggests major shift away from
institutionalisation.29
1978
1979
1980 The 1980s saw an intensification of the
deinstitutionalisation movement.
1981 International Year of Disabled Persons
The beginning of a period where both State and Commonwealth governments began to take over the administration of
disability education from the charities. State governments also began to expand their role in services for intellectual
disability and mental health.30
First Australian Bureau of Statistics
(ABS) survey of disability in
Australia.31
10.9:100 ratio for disabled under 65
institutionalised vs living in
households32
1982 Report of the Ministers Committee for
Intellectually Handicapped person, which leads
to protections for people with intellectual
disability and the establishment of the Office of
the Public Advocate (OPA).33
27
Brian Howe, 'Empowering the Disabled' (Paper presented at the ACE National Conference, Sunshine Coast, 2004), 2-3.
28
29
retardaCommittee on Mental Retardation, Parliament of Victoria, Report of the Victorian Committee on Mental Retardation (1977).
30
31
Australian Bureau of Statistics, Handicapped persons, Australia, 1981 (1981).
32
Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6.
33
Committee on Rights and Protective Legislation for Intellectually Handicapped Persons, Parliament of Victoria, The protection of intellectually handicapped persons and the
preservation of their rights (1982).

Page 4 of 12
Commonwealth1
State Other2
1983 The Spouse Carer’s Pension introduced, payable to a man caring for
his severely handicapped wife if she required constant care and
attention in the matrimonial home. 34
Mobility Allowance payable to severely handicapped persons unable
to use public transport. 35
Governmental review of HPAA programs, received scathing feedback
about form, type and culture of services, and lack of integration with
community.36
Establishment of the Disability Advisory Council of Australia.
1984 Report of the Committee on the Legislative
Framework for Services to Intellectually
Disabled Persons.37
1985 Spouse carer’s pension became the Carer’s Pension. 38
Disability Services Act39
providing funding for a much broader range
of services, and confirming rights for the disabled. Home and
Community Care Act40
enacted to subsume previous Acts supporting
home based care of the elderly and disabled.
Review of Handicapped programs41
recognises need for cultural
change, and reduced emphasis on disadvantage, with more focus on
improving capacity.
The Office of Disability established.
1986 Home and Community Care Program commences, joint initiative
between States and Commonwealth to avoid inappropriate hospital
admissions for those who can be cared for in the home
Guardianship and Administration Act 1986
(Vic)
Intellectually Disabled Persons' Services Act43
34
35
Ibid.
36
Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995)
37
Committee on a Legislative Framework for Services to Intellectually Disabled Persons, Parliament of Victoria, Report of the Committee on a Legislative Framework for Services to
Intellectually Disabled Persons (1984).
38
Dale Daniels, above n 433.
39
Disability Services Act 1985 (Cth).
40
Home and Community Care Act 1985 (Cth)
41
Handicapped Programs Review (Australia), Parliament of Australia, New directions: report of the Handicapped Programs Review (1985).

Page 5 of 12
Commonwealth1
State Other2
Establishment of the Human Rights and Equal Opportunity
Commission42
Mental Health Act 1986 (Vic)
1987 Child Disability Allowance replaced Handicapped Child’s
Allowance.44
Report of the OPA on the Criminal Justice
System and the Person with an Intellectual
Disability45
1988 Carers Pension extended to non family members46
Disability Task Force established.47
‘Towards Enabling Policies: Income Support for People with
Disabilities’ report48
Report of the OPA into a Study of People with
Intellectual Disabilities as Victims of Crime49
1989
1990 Senate Inquiry: Accommodation for People with Disabilities
1991 Commonwealth State Disability agreement signed50
Disability Support Pension replaced Invalid Pension51
Senate Enquiry: Social Security (Disability and Sickness Support )
Amendment Bill 1991.
Disability Services Act52
1992 Disability Discrimination Act 1992; Modifications to the Disability
Services Act.
Senate Enquiry: Disability Discrimination Bill 1992 and Human
Rights and Equal Opportunity Legislation Amendment Bill 1992
Senate Inquiry: Employment of People with Disabilities
43
Intellectually Disabled Persons’ Services Act 1986 (Vic).
42
Human Rights and Equal Opportunity Commission Act 1986 (Cth).
44
45
Office of the Public Advocate, (Vic), Finding the way: The criminal justice system and the person with an intellectual disability (1987).
46
47
D. Cameron and F. Valentine, Disability and federalism: comparing different approaches to full participation (2001), 65.
48
B. Cass, F. Gibson and F Tito, Towards Enabling Policies: Income Support for People with Disabilities, Issues Paper No.5 (1988).
49
Office of the Public Advocate (Vic) et al, Silent victims: A study of people with intellectual disabilities as victims of crime (1988).
50
Janet Phillips, Disability Support and Services in Australia (2008).
51
52
Disability Services Act 1991 (Vic).

Page 6 of 12
Commonwealth1
State Other2
1993 Disability Services Standards agreed amongst Australian
governments.53
Burdekin Report54
people with psychosocial disability experience
widespread systemic discrimination and denial of rights.
United Nations Standard Rules on the
Equalisation of Opportunities for
Persons with Disabilities
ABS Survey ‘Handicapped Persons,
Australia, 1993’ reports 5.1:100 ratio
institutionalisation.55
1994 Further Modifications to the Disability Services Program, following
ongoing opposition from sheltered workshops and other services to
conform to the requirements of the Act. Requirements for sheltered
workshops reduced.56
Ten year Commonwealth Disability Strategy released, requiring
government departments to lodge Disability Action Plans with the
Human Rights and Equal Opportunity Commission.57
Senate Inquiry: Matters Pertaining to the Marketing of the Disability
Reform Package
X v Tasmania58
finds employer
discriminated on basis of mental
illness.
Maurice Corcoran reaches conciliated
agreement to prevent purchase of more
inaccessible public transport in South
Australia.59
Kevin Cocks case sets precedent for
access to public buildings.60
1995 Baume Review: highly critical of Disability Services Program and
emphasis on inputs and funding rather than outcomes for clients, lack
of performance criterion and reporting and inequitable distribution of
services, and a failure to cease block funding arrangements. 61
Initial amendment to Human Rights Legislation62
in response to
decision in Brandy.63
Telstra ordered to provide TTY
equipment to customers with hearing
impairment.64
High Court finds determination powers
of Human Rights Commission
unconstitutional.65
53
54
B Burdekin, M Guilfoyle and D Hall, Report of the National Inquiry into the Human Rights of People with Mental Illness (1993).
55
Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6.
56
Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995)
57
Department of the Senate - Disability Action Plan
<http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12
February 2013 .
58
X v Tasmania [1994] HREOCA 15.
59
Australian Human Rights Commission, 20 Years 20 Stories: Access for All (2010) <http://humanrights.gov.au/podcasts/2010/podcast_2010_2.mp3 > at 13 February 2013.
60
Cocks v State of Queensland [1994] QADT 3.
61
62
Human Rights Legislation Amendment Act 1995 (Cth).
63
Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.

Page 7 of 12
Commonwealth1
State Other2
Industry Commission Inquiry into Charitable Organisations, and
National Competition Policy (Hilmer Reforms) continued to seek
accountability, transparency and safeguards in disability services,
especially those managed by charitable organisations.
1996 Implementation of the Strategies Review of the Disability Strategy,
and performance-based funding suspended.66
Review of the Commonwealth-State Disability Agreement, including
demand figures on unmet need.
Australian Law Reform Commission
report67
echoed Baume Review, but
also commented on need for complaint
procedures and appeal processes.
Australian Human Rights Commission
proposes disability employment
standards, unable to reach agreement.68
1997 Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
University ordered to move graduation
ceremony to accessible venue.69
1998 Disability, Ageing and Carers,
Australia: Summary of Findings 199870
Guidelines for Providers of Insurance
and Superannuation released by
Human Rights Commission71
Council found to discriminate by
approving inaccessible development.72
1999 Carer Allowance replaced Child Disability Allowance73
2000 Human Rights Legislation Amendment74
comes into force, reducing
Human Rights Commission powers to conciliations following decision
Report of the Victorian Auditor General into
Services for People with an Intellectual
Electoral Council of Australia agrees
to look into access for polling booths
64
Scott and Disabled Persons International v Telstra [1995] HREOCA 24.
65
66
67
Australian Law Reform Commission, Making Rights Count: Services for People With a Disability, ALRC 79 (1996).
68
Australian Human Rights Commission, 'Initial Draft: Disability Standards for Employment' (1996) .
69
Bradley Kinsella v Queensland University of Technology (1997) HREOCA.
70
Australian Bureau of Statistics, 'Disability, Ageing and Carers, Australia: Summary of Findings 1998' (1998).
71
Human Rights and Equal Opportunity Commission, Guidelines for Providers of Insurance and Superannuation (1998).
72
Ian Cooper on behalf of North Coast Dial Inc. v. Coffs Harbour City Council (1998) HREOCA.
73

Page 8 of 12
Commonwealth1
State Other2
in Brandy.75
Disability76
following Human Rights Commission
complaint.77
2001 Report of the Review Panel Appointed to
Consider the Operation of the Disability
Services Statewide Forensic Service 78
2002 Senate Inquiry: Education of students with disabilities Standards for Public Transport Access
signed.79
2003 Report of the Victorian Law Reform
Commission into People with Intellectual
Disabilities at Risk80
Disability, Ageing and Carers,
Australia: Summary of Findings
2003.81
High Court rejects presumption of
requirement for reasonable
adjustment.82
2004 Senate Inquiry: Provisions of the Disability Discrimination
Amendment Bill 2003
Senate Inquiry: Disability Discrimination Amendment (Education
Standards) Bill 2004
2005 Standards for Education.83
2006 Special Disability Trusts introduced.
Senate Inquiry: A national approach to mental health: From crisis to
Disability Act 200685
Office for Disability established
Human Rights Commission publishes
report on low employment levels of
disabled people and recommendations
74
Human Rights Legislation Amendment Act (No 1) (1999) (Cth).
75
76
Auditor General Victoria, Services for people with an intellectual disability (2000).
77
Australian Human Rights Commission, 'Paving the way to Electoral Equality: New Access Standards for Polling Booths' (2000)
<http://www.humanrights.gov.au/about/media/media_releases/2000/00_8.html> at 31 December 2012.
78
Review Panel Appointed to Consider the Operation of the Disability Services Statewide Forensic Service, Report of the review panel appointed to consider the operation of the
Disability Services Statewide Forensic Service (2001).
79
Disability Standards for Accessible Public Transport 2002 (Cth).
80
Victorian Law Reform Commission, People with intellectual disabilities at risk: A legal framework for compulsory care (2003).
81
82
Purvis v New South Wales (Department of Education and Training) (2003) HCA 62.
83
Disability Standards for Education 2005 (Cth).

Page 9 of 12
Commonwealth1
State Other2
community
Review of Commonwealth Disability Strategy identifies variability
between departments, recommending appointment of a lead
department.84
Charter of Human Rights and Responsibilities86
for improvement.87
Public Service survey identifies
declining rates of employment of
disabled people.88
2007 Public sector employment reporting transferred to Australian Public
Service Commission.89
Senate Inquiry: Funding and operation of the Commonwealth
State/Territory Disability Agreement recommends increased funding
for disability and a co-ordinated strategy for disability90
Intellectual Disability in Victorian Prison
System Report91
Criminal Justice Practice Manual92
Disability Services Commissioner established93
AIHW report describes significant
unmet need in disability services and
projects increasing need94
2008 Ratification of Convention on Rights of People with Disability
(CPRD)95
Disability Investment Group convened96
to explore innovative funding
ideas for disability.
Aviation Access Working Group (AAWG) established97
National Disability Council established98
85
Disability Act 2006 (Vic).
84
Erebus International, Report of the evaluation of the Commonwealth Disability Strategy [electronic resource] / Erebus International, PANDORA electronic collection (2006).
86
Charter of Human Rights and Responsibilities Act 2006 (Vic).
87
Australian Human Rights Commission, 'WORKability II: Solutions - People with Disability in the Open Workplace, Final Report of the National Inquiry into Employment and
Disability' (2005).
88
Management Advisory Committee, Parliament of Australia, Employment of people with disability in the APS / Management Advisory Committee (2006).
89
Department of the Senate - Disability Action Plan
.<http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12
February 2013.
90
Standing Committee on Community Affairs, Parliament of Australia, Funding and operation of the Commonwealth State/Territory Disability Agreement (2007).
91
Department of Justice - Corrections Victoria, Intellectual Disability in the Victorian Prison System - Characteristics of prisoners with an intellectual disability released from prison
in 2003-2006 (2007).
92
Victorian Government Department of Human Services, Criminal Justice Practice Manual (2007).
93
Under Disability Act 2006 (Vic).
94
Australian Institute of Health and Welfare, 'Current and Future Demand for Specialist Disability Services' (2007) 8 June 2007 <http://www.aihw.gov.au/publication-
detail/?id=6442467994> at 6 December 2012.
95
Convention on the Rights of Persons with Disabilities 2006, Australian Treaty Series [2008] ATS 12.
96
Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138.
97
Australian Human Rights Commission, 'Twenty Years Twenty Stories Timeline' (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013.

Page 10 of 12
Commonwealth1
State Other2
Senate Inquiry: Building trust: Supporting families through disability
trusts reports low uptake of disability trusts due to restrictive design99
Senate Inquiry: Towards recovery: Mental health services in Australia
2009 Shut Out Report100
finds significant flaws in the delivery of services
for disabled people, and ongoing
Pension Review Report recommends consideration of national
disability insurance scheme.101
PriceWaterhouse Coopers Disability Investment Group outlines
proposal for a National Disability Insurance scheme.
Disability Investment Group (DIG) Report102
recommends national
disability insurance scheme, disability trusts, savings and investment
incentives, private housing investment, improving employment
opportunities, and best practice research.103
Senate Inquiry: Disability Discrimination and Other Human Rights
Legislation Amendment Bill 2008 [Provisions]
Human Services (Complex Needs) Act 2009
(Vic)
Disability, Ageing and Carers,
Australia: Summary of Findings
2009104
2010 Electoral Amendment Act105
enacted to provide electoral access and
privacy to vision impaired people.
National Dialogue on Universal Housing Design released.106
Senate Inquiry: Planning options and services for people ageing with a
disability
Equal Opportunity Act 2010 (Vic)
Supported Residential Services (Private
Proprietors) Act provides additional protections
for tenants of supported accommodation.107
Inquiry into Supported Accommodation
98
The Hon Jenny Macklin MP, 'Media Release: National disability council meets for the first time' (2008) <http://jennymacklin.fahcsia.gov.au/node/218> at 9 December 1012
99
Standing Committee on Community Affairs, Parliament of Australia, Building trust : supporting families through disability trusts (2008).
100
National People with Disabilities and Carers Council, Shut out : the experience of people with disabilities and their families in Australia : National Disability Strategy consultation
report (2009).
101
Dr Jeff Harmer and Housing Department of Families, Community Services and Indigenous Affairs, Pension Review Report (2009), xix.
102
Disability Investment Group, The Way Forward: A New Disability Policy Framework for Australia (2009).
103
Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138.
104
105
Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth).
106
Housing Department of Families, Community Services and Indigenous Affairs, 'National Dialogue on Universal Housing Design - Strategic Plan' (2010)
<http://www.fahcsia.gov.au/our-responsibilities/disability-and-carers/program-services/government-international/national-disability-strategy/livable-housing-design/national-
dialogue-on-universal-housing-design-strategic-plan?HTML> at 3 January 2013.
107
Supported Residential Services (Private Proprietors) Act 2010 (Vic).

Page 11 of 12
Commonwealth1
State Other2
2011 National Disability Strategy released.108
Productivity Commission recommends National Disability Insurance
Scheme109
Senate Inquiry: Disability and Ageing: lifelong planning for a better
future
Senate Inquiry: Disability Impairment Tables: Provisions of Schedule
3 of the Social Security and Other Legislation Amendment Bill 2011
Senate Inquiry: The administration and purchasing of Disability
Employment Services in Australia
Senate Inquiry: Commonwealth funding and administration of mental
health services
Access to Premises Standards.110
NSW accessibility standards for taxis
changed as a result of Federal Court
complaint.111
2012 National Mental Health Commission established.112
Carers Recognition Act113
VLRC Guardianship Report114
Shadow Report to United Nations on
CPRD115
Legal Australia-Wide survey116
“Two wheelchair” policy excluding
wheelchair users from Jetstar flights
upheld on basis of unjustifiable
hardship.117
2013 National Disability Insurance Act118
Inquiry into justice system and people with an
intellectual disability (Vic)119
Federal Court finds for Disability
Commissioner seeking audible train
108
Housing Department of Families, Community Services and Indigenous Affairs, (Cth), National Disability Strategy, 2010-2020: An initiative of the Council of Australian
Governments (2011).
109
Productivity Commission, Disability Care and Support (2011).
110
Disability (Access to Premises – Buildings) Standards 2010 .
111
Killeen v Combined Communications Network Pty Ltd [2011] FCA 27.
112
Australian Human Rights Commission, 'Twenty Years Twenty Stories Timeline' (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013.
113
Carers Recognition Act 2012 (Vic).
114
Victorian Law Reform Commission, Guardianship Final Report 24 (2012).
115
Disability Representative Advocacy Legal and Human Rights Organisations, above n 124.
116
Christine Coumarelos, above n 107.
117
King v Jetstar Airways Pty Ltd (No2) [2012] FCA 8.
118
National Disability Insurance Act 2013 (Cth).

Page 12 of 12
Commonwealth1
State Other2
announcements.120
Key:
121
Liberal/National/Coalition
government
Labor government
119
Law Reform Committee, Parliament of Victoria, Inquiry into access to and interaction with the justice system by people with an intellectual disability and their families and carers
(2013).
120
Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36.
121
The government in power is noted only by year, and not by date. Where a change occurred, if the change was in the latter half of the year, the outgoing government is noted
as they were in power for the majority of the year. It is also noted that reports commissioned, enquiries commenced, and legislation proposed can cut across these timeframes. A
broad reaching enquiring commenced by one government may report back under another government, and the legislative reform recommended, and implemented, be attributed
to them. On the assumption that this applies to both parties equally, not further attempt is made to break down the time periods, or attribute causality to change.

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