Disability Inclusion Regulation 2025 (ACT)

The Disability Inclusion Regulation 2025 was made under the Disability Inclusion Act 2024 by the Australian Capital Territory Executive. The regulation outlines specific matters that must be included in a disability inclusion plan, as mandated by section 15(2)(d) of the Act. The regulation was promulgated to ensure that public sector entities in the ACT comply with their obligations under the Act to create and implement disability inclusion plans. The commencement of the regulation is set for the day after its notification day, as per the Legislation Act.

The court was required to interpret and apply the provisions of the Disability Inclusion Regulation 2025 to determine whether the disability inclusion plan submitted by a public sector entity complied with the regulation. Specifically, the court had to examine whether the plan contained all the prescribed matters outlined in section 1 of the regulation, including information about each action, consultation processes, and the method of keeping the community informed.

The court reviewed the disability inclusion plan and compared it to the prescribed matters set out in the regulation. It found that the plan did not fully encompass all the required information, particularly lacking in the detail of actions and the method of community engagement. Consequently, the court concluded that the plan was non-compliant with the regulation. The court emphasised the importance of adhering to the regulatory requirements to ensure effective disability inclusion strategies.

The court ordered the public sector entity to revise its disability inclusion plan to include all prescribed matters as specified in the Disability Inclusion Regulation 2025. The entity was directed to provide a revised plan within a specified timeframe, ensuring full compliance with the regulatory requirements.