This report examines the constitutional context within which Australian governments interact with persons with disability.

Specifically, the authors investigate the extent and use of the Commonwealth’s legislative powers that enable it to provide support for and protect the rights of persons with disability. In particular, they explore changing normative approaches over time and the related issues of constitutional authority.

The authors also address cooperative mechanisms involving the Commonwealth, states and territories regarding persons with disability. They conclude that there is considerable constitutional scope for the Australian government to expand its existing support for and protection of the rights of persons with disability.

The authors also identify potential constitutional limits that might arise from the impact on the states of potential expanded Commonwealth legislation regarding persons with disability.