Disability Inclusion (Exemptions) Amendment Regulations 2024 (SA)

South Australia

Disability Inclusion (Exemptions) Amendment Regulations 2024

under the Disability Inclusion Act 2018

Part 1Preliminary1Short title

These regulations may be cited as the Disability Inclusion (Exemptions) Amendment Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

Part 2Amendment of Disability Inclusion Regulations 20193Insertion of regulation 12

After regulation 11 insert:

12—Exemptions

1. (1)

   Pursuant to section 33(2)(a) of the Act, the Chief Executive is, subject to the following provisions, exempt from the operation of section 14(1) of the Act in respect of the annual report on the operation of the State Disability Inclusion Plan for the financial year ending on 30 June 2023:

   1. (a)

      the Chief Executive must instead prepare a report on the operation of the State Disability Inclusion Plan for the period commencing on 1 January 2023 and ending on 31 December 2023;

   2. (b)

      the report must contain such information as may be required by the Minister and must be provided to the Minister on or before 30 June 2024.

2. (2)

   Pursuant to section 33(2)(a) of the Act, a State authority is, subject to the following provisions, exempt from the operation of section 17(1) of the Act in respect of the State authority's report on the operation of its disability access and inclusion plan for the financial year ending on 30 June 2023:

   1. (a)

      the State authority must instead prepare a report on the operation of its disability access and inclusion plan for the period commencing on 1 January 2023 and ending on 31 December 2023;

   2. (b)

      the report must contain such information as may be required by the Minister and must be provided to the Minister on or before 30 June 2024.

3. (3)

   Pursuant to section 33(2)(a) of the Act, the Chief Executive is exempt from the operation of section 17(2) of the Act in respect of the financial year ending 30 June 2023 (however, the Chief Executive must instead provide to the Minister a report summarising any reports made by State authorities under section 17(1) of the Act or subregulation (2) during the period commencing on 1 January 2023 and ending on 31 December 2023).

4. (4)

   Pursuant to section 33(2)(a) of the Act, a State authority is exempt from the operation of section 18 of the Act during the period—

   1. (a)

      beginning on the commencement of this subregulation; and

   2. (b)

      ending—

      1. (i)

         when a new State Disability Inclusion Plan, or a variation of the plan, is published in the Gazette under section 13 of the Act; or

      2. (ii)

         4 years after the commencement of this subregulation,

   whichever is the sooner.

5. (5)

   To avoid doubt, nothing in this regulation affects the operation of sections 14(2) and 17(3) and (4) of the Act.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 7 March 2024

No 11 of 2024