Disability Inclusion Regulation 2014 (NSW)

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

Part 1Preliminary1Name of Regulation

This Regulation is the Disability Inclusion Regulation 2014.

2Commencement

This Regulation commences on 3 December 2014 and is required to be published on the NSW legislation website.

3Definition(1)

In this Regulation—

the Act means the Disability Inclusion Act 2014.

(2)

Notes included in this Regulation do not form part of this Regulation.

4

(Repealed)

cl 4: Rep 2022 No 35, Sch 2.5[1].

5Entities included in definition of “public authority”

For the purposes of the definition of public authority in section 7 (1) of the Act, the following entities are prescribed—

• (a)

  Australian Museum Trust,

• (b)

  Destination NSW,

• (c)

  Library Council of New South Wales,

• (d)

  Office of Finance and Services.

Part 2Disability planning6Day by which State Disability Inclusion Plan required

For the purposes of section 10 (1) of the Act, the prescribed day is 1 July 2015.

7Days by which disability inclusion action plans required

For the purposes of section 12 (1) of the Act, the prescribed day in respect of a public authority is as follows—

• (a)

  for a government department—1 December 2015,

• (b)

  for a local council—1 July 2017,

• (c)

  for an entity prescribed as a public authority under paragraph (c) of the definition of public authority in section 7 (1) of the Act on the commencement of this Regulation—1 December 2015,

• (d)

  for an entity prescribed as a public authority under paragraph (c) of the definition of public authority in section 7 (1) of the Act after the commencement of this Regulation—the day that is 6 months after the day on which it was so prescribed.

Part 3Service standards8Disability service standards

For the purposes of section 20 of the Act, the disability service standards are—

• (a)

  the standards set out in Schedule 1, or

• (b)

  in such circumstances as the Secretary may determine in relation to a particular eligible entity or class of eligible entities—comparable standards of another jurisdiction approved by the Secretary as the standards applicable to that entity or class of entities.

9

(Repealed)

cl 9: Am 2019 (280), cl 3. Rep 2022 No 35, Sch 2.5[1].

Part 410–13

(Repealed)

pt 4: Rep 2022 No 35, Sch 2.5[2].

cl 10: Rep 2022 No 35, Sch 2.5[2].

cl 11: Rep 2022 No 35, Sch 2.5[2].

cl 12: Rep 2022 No 35, Sch 2.5[2].

cl 13: Rep 2022 No 35, Sch 2.5[2].

Part 5Disability Council14Appointment of Chairperson and Deputy Chairperson of Disability Council(1)

One of the members of the Disability Council is, by an instrument subsequent to the member’s instrument of appointment as a member, to be appointed by the Minister as chairperson of the Council.

(2)

One of the members of the Disability Council is, by an instrument subsequent to the member’s instrument of appointment as a member, to be appointed by the Minister as deputy chairperson of the Council.

(3)

The chairperson and deputy chairperson each hold office for the period (not more than one year) specified in the instrument of appointment as chairperson or deputy chairperson, but are eligible for re-appointment.

Part 6Savings and transitional provisions15Application of provisions about probity checks(1)

For the purposes of clause 3 (1) of Schedule 4 to the Act, the prescribed date is 3 December 2014.

(2)

For the purposes of clause 3 (2) of Schedule 4 to the Act, the prescribed date is 3 December 2014.

16Continuation of financial assistance and agreements(1)

The reference to a prescribed condition in clause 4 (2) (b) of Schedule 4 to the Act is taken to include a reference to a condition that, no later than on 1 December 2015, an organisation to which clause 4 of that Schedule applies must ensure that a criminal record check is conducted or obtained in relation to each of its existing relevant workers and existing relevant board members.

(2)

In this clause—

existing relevant board member of an organisation means a relevant board member (within the meaning of section 32 of the Act) who was engaged by the organisation as a relevant board member before 3 December 2014.

existing relevant worker of an organisation means a relevant worker (within the meaning of section 32 of the Act) who was engaged by the organisation as a relevant worker before 3 December 2014.

17Probity checks of existing departmental workers(1)

In this clause—

existing departmental worker, in relation to the Department, means a relevant worker of the Department (within the meaning of section 36 of the Act) who was engaged by the Department as a relevant worker before 3 December 2014.

(2)

The Secretary must ensure that, no later than on 1 December 2015, a criminal record check is conducted or obtained in relation to each of its existing departmental workers.

Schedule 1Disability service standards

(Clause 8)

The disability service standards are as follows—

• •Rights

  Each person with disability receives a service that promotes and respects the person’s legal and human rights and enables them to exercise choice like every one else in the community.

• •Participation and inclusion

  Each person with disability is encouraged and supported to contribute to social and civic life in the person’s communities in the way the person chooses.

• •Individual outcomes

  Each person with disability is supported to exercise choice and control over the design and delivery of support and services to the person.

• •Feedback and complaints

  When a person with disability wants to make a complaint to a provider of a service, the provider of the service will make sure the person’s views are respected, that the person is informed as the complaint is dealt with, and that the person has the opportunity to be involved in the resolution process.

• •Service access

  Each person with disability is assisted to access the supports and services the person needs to live the life the person chooses.

• •Service management

  Providers of services to persons with disability are well managed and have strong and effective governance to deliver positive outcomes for the persons they support.

Historical notesTable of amending instruments

Disability Inclusion Regulation 2014 (751). LW 28.11.2014. Date of commencement, 3.12.2014, cl 2. This Regulation has been amended as follows—

2019	(280)	Disability Inclusion Amendment (Supported Group Accommodation) Regulation 2019 Date of commencement, on publication on LW, cl 2.
2022	No 35	Disability Inclusion Amendment Act 2022. Assented to 1.7.2022. Date of commencement, assent, sec 2.

Table of amendments

Cl 4	Rep 2022 No 35, Sch 2.5[1].
Cl 9	Am 2019 (280), cl 3. Rep 2022 No 35, Sch 2.5[1].
Part 4	Rep 2022 No 35, Sch 2.5[2].
Cl 10	Rep 2022 No 35, Sch 2.5[2].
Cl 11	Rep 2022 No 35, Sch 2.5[2].
Cl 12	Rep 2022 No 35, Sch 2.5[2].
Cl 13	Rep 2022 No 35, Sch 2.5[2].