Legislation, agreements and partnerships
Our work is governed by the legislation we administer and two agreements with the Australian Government.
We administer the following legislation:
- Disability Inclusion Act 2014
Promotion of community inclusion and the provision of funding, support and services for people with disability
- Disability Inclusion Regulation 2014
The Regulation provides the necessary detail so the Act can work properly
- Home Care Service Act 1988
Objects and functions of the Home Care Service in NSW.
- Carers (Recognition) Act 2010
Enacts NSW Carers Charter and establishes Carers Council.
- Guardianship Act 1987
Protecting and empowering people with a decision-making disability.
- Community Services (Complaints, Reviews and Monitoring) Act 1993
Resolving complaints about community services and programs (jointly administered by the Minister for Community Services, Minister for Ageing and Minister for Disability Services).
- Community Welfare Act 1987
Improving the wellbeing of the people of NSW and monitoring government policy implementation.
Other state and Australian government legislation relevant to older people and people with a disability include:
- Anti-Discrimination Act 1977 (NSW)
- Powers of Attorney Act 2003 (NSW)
- NSW Trustee and Guardian Act 2009 (NSW)
- Disability Discrimination Act 1992 (Commonwealth)
- Disability Services Act 1986 (Commonwealth)
- Home and Community Care Act 1985 (Commonwealth)
- Children and Young Persons (Care and Protection Act) 1998 (NSW)
Most of our funding (ninety-nine per cent) comes from the National Disability Agreement with the Australian Government.
The majority of our funding is spent under the provisions of the National Disability Agreement (NDA). This is an agreement with the Australian Government which provides a national framework for disability services.
This establishes the national reform priorities and the roles and responsibilities of the Commonwealth, state and territories for providing specialist services for people with a disability.
The Council of Australian Governments (COAG) Disability Reform Council is responsible for overseeing the implementation of the NDA.
The National Disability Research and Development Agenda, endorsed by Disability Ministers in November 2011, sets out national priorities, focus and direction for disability related research to improve the lives and outcomes for people with a disability. The Agenda identifies research and development to support the implementation of the National Disability Agreement and the National Disability Insurance Scheme.
Housing and Mental Health Agreement
The Department of Family and Community Services (FACS) and NSW Health have developed an important new agreement, the Housing and Mental Health Agreement. This Agreement aims to improve the housing outcomes and general wellbeing of people with mental health issues aged over 16 years and living in social housing or who are homeless or at risk of homelessness. It is an important step towards addressing the often complex needs of these vulnerable members of our community.
The Housing and Mental Health Agreement was developed with other government agencies and non-government organisations that FACS and NSW Health recognise to be:
- important providers of housing and mental health services
- critical to the successful implementation of the Agreement and to its ongoing work.
The Agreement provides an overarching framework for planning, coordinating and integrating services across these organisations more effectively so that people can access the full range of services available to them.
The Agreement replaces the Joint Guarantee of Service for People with Mental Health Problems and Disorders Living in Aboriginal, Community and Public Housing (JGOS). While it may make use of existing successful interagency structures wherever possible, it is envisaged the Agreement will reinvigorate existing activities to better coordinate housing, mental health and support services at the local level.
The Agreement defines the context of these activities more clearly and strengthens the governance structures that oversee their ongoing implementation.
By signing the Agreement, FACS and NSW Health have committed to:
- Promote good practice in delivering coordinated services at the local level
- Collaborate with non government organisations as equal partners
- Strengthen integrated service planning
- Deliver coordinated client-focused services
- Improve transition planning to prevent homelessness
- Embed the principles and commitments of the Agreement into standard business practice.
Further information can be found on the Housing NSW website.