Disability support reform: Government clarifies who the “employer” is
The Government has introduced the Disability Support Services (DSS) Bill to put disability support funding and delivery on a clearer legislative footing. This follows the Supreme Court decision of Fleming v Attorney‑General, where two full‑time family carers were found to be Government employees with associated employment protections.
Key takeaways for employers (particularly those in or around the disability sector):
- The Bill aims to clarify that the Government is not the employer of family carers.
- Where DSS funding is used to employ a carer, the Bill frames the employment relationship as between the disabled person and the carer.
- This Bill forms part of a broader trend to address uncertainty around “worker status’ in non-traditional working arrangements (for example, claims about whether Uber drivers are employees or contractors).
At this stage, there are no immediate changes to services, funding, or eligibility.
For organisations in or alongside the disability sector, now is a good opportunity to:
- Make sure your DSS‑funded arrangements clearly identify who employs and manages carers; and
- Stay across the Bill’s progress, including the Select Committee process.
If you have questions, please contact our employment law team.
Special thanks to Partner Scott Wilson and Law Graduate Emma Cunniffe for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
