Advancing the human rights of people with disability

Tasmania's legislation to support Tasmanians with disability is the Disability Rights, Inclusion and Safeguarding Act 2024. It sets out things like:

  • The role of the Tasmanian Disability Commissioner.
  • The creation of a Disability Inclusion Advisory Council.
  • Promotion of a social model of disability (as set out under the United Nations Convention on the Rights of Persons with Disabilities and Australia’s Disability Strategy).
  • The creation of a Tasmanian Disability Inclusion Plan.
  • The role of the Senior Practitioner and their role in authorising all restrictive practices used by disability services providers.
  • A change to the way restrictive practices are authorised so people with disability are safe and their human rights are protected.
  • Opportunities for a community visitor scheme.

Key parts of the Act

Disability services providers

Section 7 says a disability services provider is:

  • A person or organisation funded under the National Disability Insurance Scheme (NDIS) or the Disability Rights, Inclusion and Safeguarding Act to provide services that support people with a disability.
  • A person or organisation defined in a legal document as a disability services provider.

The National Standards for Disability Services apply to disability services providers in Tasmania.

Related resources

Principles

Section 8 includes principles that promote the human rights of people with disability. The principles apply to every person, entity and provider who is doing something covered by the Act.

The principles reflect the United Nations Convention on the Rights of Persons with Disabilities.

Regulations

Part 5 sets out the standards that disability services providers need to follow. These standards are tied to the National Standards for Disability Services. The standards are made into regulations, which is another piece of legislation.

Related resources

Defined entities

Section 6 says a defined entity is:

  • A government agency (as in the State Service Act).
  • A person or organisation acting on behalf of the Tasmanian Government if that person or organisation is administering funding or services to the disability sector.
  • A Government Business Enterprise (as in the Government Business Enterprises Act).
  • Any other person or body or class of persons or bodies prescribed as a defined entity.

Each defined entity needs to develop a disability inclusion action plan. The plan must include strategies and measures that promote disability inclusion.

The Department of Premier and Cabinet runs a Defined Entity Working Group to assist in the development of the Tasmanian Disability Inclusion Plan and the associated disability inclusion action plans.

Related resources

Related relevant legislation

Tasmanian legislation

The Poisons Act 1971 and the Poisons Regulations 2018 set out when disability services workers are authorised to administer medicines and poisons.

The Guide Dogs and Hearing Dogs Act 1967 grants specific rights to individuals with guide or hearing dogs in public places and vehicles.

The Anti-Discrimination Act 1998 makes it unlawful for a person to be treated less favourably than other people because they have a particular characteristic, such as disability.

National legislation

The National Disability Insurance Scheme Act 2013 establishes the National Disability Insurance Scheme (NDIS) and the National Disability Insurance Agency.

The Disability Services and Inclusion Act 2023 sets out funding of disability support services and their quality and safeguarding requirements.

The Disability Discrimination Act 1992 makes it unlawful for a person to be treated less favourably or receive fewer opportunities because of disability.