Disability versus work health and safety: a safe workplace and the right to an 'ordinary life': commentary on 'Regulating disability services: the case of Australia's National Disability Insurance Scheme quality and safeguarding system' (Hough, 2021)

摘要

Regulating human behaviour through legislation is challenging at the best of times. The complex and, at times, competing web of objectives and values of individuals and the community as a whole can be difficult to articulate, let alone regulate. The challenges in getting the regulatory mix right in disability support services have been usefully illustrated by Hough (2021) in his examination of the design choices underpinning Australia’s National Disability Insurance Scheme (NDIS). The article provides particularly useful observations linking the component parts of the NDIS design to the broader literature on regulation, particularly leading thinkers on regulation such as Ayres and Braithwaite (1992), Baldwin et al. (2012), Black (2002, 2011) and Sparrow (2020).