Disability Inclusion Act and Regulations Commence in NSW

The Disability Inclusion Act 2014 (No. 41 of 2014) of NSW has just received commencement from 3 December 2014, despite being assented in late August 2014. To complement the Act, an accompanying principal Regulation, the Disability Inclusion Regulation 2014 (No. 751 of 2014) has also been released.

Objectives of the Act 

The objects of the Act are stated in section 3, and include acknowledging that people with disability have the same human rights as other members of the community, promoting the independence and social and economic inclusion of people with disability, enabling people with disability to exercise choice and control in the pursuit of their goals, providing safeguards in relation to the delivery of supports and services for people with disability, supporting (to the extent practicable) the purposes and principles of the United Nations Convention on the Rights of Persons with Disabilities and providing for State responsibilities during and following the transition to the National Disability Insurance Scheme.

The objects are to be achieved under the Act primarily by:

1. Stating the disability principles to which people exercising functions under the Act, or providing supports or services to people with disability, are to have regard; and
2. Providing for a State Disability Inclusion Plan to be prepared by the Department of Family and Community Services setting out whole of government goals that support the inclusion in the community of people with disability, and for each public authority to have a disability inclusion action plan setting out measures to ensure people with disability can access general supports and services available in the community; and
3. Providing for the continuation of the Disability Council of New South Wales; and
4. Providing for the making of service standards relating to the provision of supports and services for people with disability; and
5. Providing for the provision of supports and services, including financial assistance for individuals and certain entities to facilitate obtaining, or the provision of, supports and services; and
6. Amending the Ombudsman Act 1974 to provide for a monitoring and investigative role for the Ombudsman in relation to certain reportable incidents occurring in supported group accommodation facilities of the Department or a funded provider.

 As stated in the Legislative Council Second Reading Speech:

Purpose of the Regulation

The Regulation:

• Prescribes the disability service standards that must be complied with by the Secretary and certain eligible entities when providing supports and services to persons in the target group under Part 5 of the Act; and
• Makes provision relating to criminal records checks (including by use of statutory declarations) for the purposes of sections 32 and 36 of the Act; and
• Prescribes certain entities as eligible entities and public authorities for the purposes of the Act; and
• Prescribes the dates by which a State Disability Inclusion Plan and disability inclusion action plans are required; and
• Prescribes certain premises to be premises that are or are not supported group accommodation for the purposes of the Act; and
• Prescribes consultants as relevant workers for the purposes of section 32 of the Act; and
• Provides for the appointment of the chairperson and deputy chairperson of the Disability Council; and
• Makes transitional provision with respect to the application of certain provisions of the Act.

Both Act and Regulation are due to commence on 3 December 2014, after the commencement proclamation included in Regulation 745 of 2014 in NSW.

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Disability Inclusion Act 2014 and Disability Inclusion Regulation 2014, as reproduced on TimeBase LawOne