Disability Services Act 1991 (ACT)

Case

Disability Services Act 1991   

A1991-98

Republication No 14

Effective:  1 November 2025

Republication date: 1 November 2025

Last amendment made by A2025‑22

About this republication

The republished law

This is a republication of the Disability Services Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 November 2025It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Disability Services Act 1991

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    2            Dictionary  2

    2A          Notes  2

    3            Objects  2

    Part 1A    Specialist disability services

    4            What is a specialist disability service?  4

    5            Who is a specialist disability service provider?  4

    5A          Approval of standards  5

    Part 2      Financial Assistance

    6            Financial assistance for providers of services  7

    7           Conditions of grants  7

    8            Review of effectiveness of grants  8

    Part 3      Official visitors

    8A          Definitions—pt 3  9

    8B          Meaning of visitable place—pt 3  9

    8C          Entitled person may request not to be visited  12

    8D          Complaint about disability service provided at place other than visitable place  12

    8E          Information to be included on visitable places register  14

    8F          Provider to give information about visitable place  14

    Part 5      Miscellaneous

    9            Approval of activities  15

    10          Guidelines  15

    11A         Approved forms  16

    12          Regulation-making power  16

    Schedule 1 Human rights principles to be furthered in relation to people with disabilities  17

    Schedule 2 Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities  19

    Dictionary21

    Endnotes

    1            About the endnotes  24

    2            Abbreviation key  24

    3            Legislation history  25

    4            Amendment history  28

    5            Earlier republications  32

    6            Expired transitional or validating provisions  33

    Disability Services Act 1991

    An Act relating to persons with disabilities

    Part 1Preliminary

    1. Name of Act

      This Act is the Disability Services Act 1991.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act.

      Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    2ANotes

    A note included in this Act is explanatory and is not part of this Act.

    NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

    1. Objects

      The objects of this Act are—

      (a)to enable people with disabilities to receive the services necessary to enable them to achieve their maximum potential as members of the community; and

      (b)to enable people with disabilities to receive services that—

      (i)further their integration into the community and complement services available generally to people in the community; and

      (ii)enable them to achieve a better quality of life including increased independence, employment opportunities and integration in the community; and

      (iii)are provided in ways that promote in the community a positive image of people with disabilities and enhance their self-esteem; and

      (c)to ensure that the quality of life achieved by people with disabilities as the result of the services provided for them is taken into account in the granting of financial assistance for the provision of those services; and

      (d)to promote the provision of high quality and innovative supports to enable people with disabilities to maximise independent lifestyles and full inclusion in the community; and

      (e)to provide a system to administer funding for people with disabilities that is flexible and responsive to the needs and aspirations of those people.

    Part 1ASpecialist disability services

    1. What is a specialist disability service?

      (1)A specialist disability service is a service that—

      (a)is provided specifically for people with disability; and

      (b)is of a type declared by the Minister under subsection (2).

      (2)The Minister may declare a type of service to be a specialist disability service.

      Examples—service types

      ·     accommodation support services

      ·     advocacy services

      ·     case management services

      ·     personal care services

      ·     respite care services

      (3)A declaration may apply, adopt or incorporate an instrument as in force from time to time.

      (4)A declaration is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Who is a specialist disability service provider?

      (1)A specialist disability service provider is a person or entity (other than the Territory) that provides specialist disability services, whether or not for profit, but does not include—

      (a)a close relative of a person with disability who provides specialist disability services to the person other than as an agent or employee of a specialist disability service provider; or

      (b)a person or entity prescribed by regulation.

      (2)In this section:

      close relative of a person means the person’s—

      (a)domestic partner; or

      NoteDomestic partner—see the Legislation Act, s 169.

      (b)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

      (c)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

      (d)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

      (e)uncle, aunt, uncle-in-law or aunt-in-law; or

      (f)nephew, niece or cousin.

    5AApproval of standards

    (1)The Minister may approve standards about the provision of specialist disability services by specialist disability service providers.

    Examples—matters standards may be about

    ·     quality of services

    ·     qualifications and training for staff

    ·     criminal history checks

    ·     protection of personal information

    ·     allowing reasonable access to premises to inspect the operation of services

    NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

    (2)An approved standard may apply, adopt or incorporate an instrument as in force from time to time.

    (3)An approved standard is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    Part 2Financial Assistance

    1. Financial assistance for providers of services

      (1)The Minister may approve grants of financial assistance to—

      (a)a provider of services; or

      (b)a person with a disability; or

      (c)a researcher;

      subject to the prospective grantee entering into an agreement with the Minister under section 7.

      (2)The Minister must not approve a grant unless satisfied—

      (a)that the grant would further the principles set out in schedule 1 and comply with any guidelines referred to in section 10 (1) (a); and

      (b)that the programs and services funded by the grant would comply with the requirements set out in schedule 2.

    2. Conditions of grants

      (1)A person or an organisation may not receive a grant unless the person or organisation enters into an agreement with the Minister in writing about the conditions on which the grant is to be made.

      (2)The reference in subsection (1) to an agreement between the Minister and an organisation includes, for an unincorporated association, an agreement between the Minister and a person on behalf of the organisation.

      (3)An agreement mentioned in subsection (1)—

      (a)if it relates to the provision of services—must state the objectives to be achieved by or in relation to the person receiving the services; and

      (b)may include provisions relating to the payment by the grantee to the Minister of an amount equal to the amount of the grant or part of the grant if there is a contravention of a condition.

      (4)An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with guidelines (if any) mentioned in section 10 (1) (a) that apply to the grantee.

      (5)A reference in an agreement mentioned in subsection (1) to a condition includes the condition mentioned in subsection (4).

    3. Review of effectiveness of grants

      At intervals not exceeding 5 years, the Minister must review the extent to which—

      (a)a grantee has fulfilled the conditions of grants received by the grantee; and

      (b)the objectives stated in the conditions of a grant have been achieved.

    Part 3Official visitors

    NoteAt least 1 official visitor must be appointed for this Act under the Official Visitor Act 2012 (the OV Act).

    The OV Act sets out the functions of official visitors which includes visiting visitable places, handling complaints from entitled people and reporting on those matters.

    This part defines what is an entitled person and a visitable place for the OV Act.  This part also prescribes other matters for the OV Act.

    8ADefinitions—pt 3

    In this part:

    associated—a specialist disability service provider is associated with a visitable place if the provider—

    (a)is the operating entity for the place; or

    (b)owns or rents the place; or

    (c)provides a specialist disability service at the place.

    entitled person means a person with disability.

    official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.

    operating entity, for a visitable place—see the Official Visitor Act 2012, dictionary.

    8BMeaning of visitable place—pt 3

    (1)In this part:

    visitable place

    (a)means accommodation provided to an entitled person for respite or long-term residential purposes; and

    (b)includes—

    (i)accommodation that is owned, rented or operated by a specialist disability service provider; and

    (ii)accommodation at which a specialist disability service provider provides a specialist disability service; and

    (iii)a residential care home that accommodates the entitled person.

    (2)However, a visitable place does not include the following accommodation provided to an entitled person:

    (a)a private home if the person receives a specialist disability service at the home only from a person who is not a specialist disability service provider;

    (b)a private home if the person lives in the home with at least 1 adult family member who does not receive a specialist disability service from a specialist disability service provider at the home;

    (c)accommodation if the only specialist disability service the person receives at the accommodation is a type of service declared by the Minister not to require visitation;

    (d)a residential care home if the person is 65 years old or older when they first receive a specialist disability service (whether at the facility or elsewhere).

    (3)A declaration for subsection (2) (c) is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (4)In this section:

    family member, of a person, means—

    (a)a domestic partner of the person; or

    (b)a relative of the person; or

    (c)a child of a domestic partner or former domestic partner of the person; or

    (d)a parent of a child of the person.

    NoteA domestic partner need not be an adult (see Legislation Act, s 169).

    relative, of a person—

    (a)means the person’s—

    (i)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

    (ii)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

    (iii)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

    (iv)uncle, aunt, uncle-in-law or aunt-in-law; or

    (v)nephew, niece or cousin; and

    (b)if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and

    (c)if the person is an Aboriginal or Torres Strait Islander person, includes the following people:

    (i)someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community;

    (ii)someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community.

    residential care home means a residential care home under the Aged Care Act 2024 (Cwlth).

    8CEntitled person may request not to be visited

    (1)An entitled person at a visitable place may at any time ask the official visitor for the place, in writing, not to be visited at the place.

    (2)On receipt of a request under subsection (1), the official visitor must not visit the entitled person other than under section 8D.

    8DComplaint about disability service provided at place other than visitable place

    (1)An entitled person at a visitable place may make a complaint to an official visitor for the place under the Official Visitor Act 2012, section 22 about a specialist disability service that is provided—

    (a)at a place other than the visitable place; or

    (b)if the person has asked the official visitor not to visit the person at the visitable place under section 8C—at the visitable place.

    Example—place other than a visitable place

    a private home where a specialist disability service is provided to an entitled person only by a close relative of the person

    (2)The official visitor may—

    (a)investigate the complaint; and

    (b)visit the place where the service is provided.

    (3)However, the official visitor may only visit a place mentioned in subsection (1)—

    (a)if the entitled person consents to the visit; and

    (b)at a reasonable time, unless the owner of, or entity operating, the place otherwise consents; and

    (c)either—

    (i)after giving the owner of, or entity operating, the place reasonable notice; or

    (ii)without giving notice if the official visitor reasonably believes that an entitled person at the place is at risk of harm.

    (4)For subsection (3) (a), an entitled person consents to a visit to a place by an official visitor if—

    (a)the official visitor has the entitled person’s—

    (i)written consent; or

    (ii)oral consent, if a written record of the consent is made by a person who heard the consent being given; or

    (b)the official visitor—

    (i)has taken reasonable steps to find out if the entitled person consents; and

    (ii)reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and

    (iii)reasonably believes that a visit to the place is necessary and appropriate to allow the official visitor to exercise the official visitor’s functions under this Act and the Official Visitor Act 2012; and

    (iv)the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.

    (5)If subsection (4) (b) applies and an official visitor visits a place, the official visitor must, as soon as practicable, take reasonable steps to make the entitled person aware that the place was visited.

    8EInformation to be included on visitable places register

    The following information must be included on the register under the Official Visitor Act 2012, section 23DB for a visitable place:

    (a)the name and contact details of each specialist disability service provider associated with the place; and

    (b)if a specialist disability service provider associated with a place is not an individual—the name, phone number and email address of the following:

    (i)an employee or volunteer based at the place;

    (ii)2 employees of the provider.

    8FProvider to give information about visitable place

    (1)A specialist disability service provider associated with a visitable place must give the director-general, in writing, the information mentioned in section 8E within 5 days after becoming associated with the visitable place.

    Maximum penalty:  10 penalty units.

    (2)If any information given to the director-general under subsection (1) changes, the specialist disability service provider must give the director-general, in writing, the new information within 5 days after the information changes.

    Maximum penalty:  10 penalty units.

    Part 5Miscellaneous

    1. Approval of activities

      (1)The Minister may approve an activity for the dictionary, definition of research and development activity, paragraph (h).

      (2)An approval is a disallowable instrument.

      Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    2. Guidelines

      (1)The Minister may issue guidelines, not inconsistent with this Act relating to—

      (a)the making of grants; or

      (b)the detailed application and implications of the principles set out in schedule 1 and the requirements set out in schedule 2.

      (2)Without limiting subsection (1), guidelines may make provision in relation to—

      (a)the terms and conditions on which a grant should be made; or

      (b)the manner of calculating grants; or

      (c)the timing of payments.

      (3)A guideline must be of a general nature and must not be limited to apply only to a particular person or body.

      (4)A guideline is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    11AApproved forms

    (1)The Minister may approve forms for this Act.

    (2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

    NoteFor other provisions about forms, see the Legislation Act, s 255.

    (3)An approved form is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

    1. Regulation-making power

      (1)The Executive may make regulations for this Act.

      NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (2)A regulation may make provision in relation to standards mentioned in section 5A, including the following:

      (a)the entities that must comply with the standards;

      (b)performance measures for measuring compliance with the standards;

      (c)the monitoring of compliance with the standards;

      (d)the enforcement of compliance with the standards;

      (e)the consequences of failing to comply with the standards.

      (3)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.


    Schedule 1Human rights principles to be furthered in relation to people with disabilities

    (see s 6 (2))

    1All people with disabilities are individuals who have the inherent right to respect for their human worth and dignity.

    2People with disabilities, whatever the origin, nature, type or degree of disability, have the same basic human rights as other members of society and should be enabled to exercise these basic human rights.

    3People with disabilities have the same rights as other members of society to realise their individual capacities for physical, social, emotional and intellectual development.

    4People with disabilities and carers of people with disabilities have the same right as other members of society to services that will support their attaining a reasonable quality of life.

    5People with disabilities have the same right as other members of society to make and actively participate in the decisions that affect their lives and are entitled to appropriate and necessary support to enable participation in, direction and implementation of the decisions that affect their lives.

    6People with disabilities have the same right as other members of society to receive services in a manner that results in the least restriction of their rights and opportunities.

    7People with disabilities have the same right of pursuit of any grievance in relation to services as have other members of society.

    8People with disabilities who wish to pursue a grievance also have the right to—

    (a)adequate support to enable pursuit of the grievance; and

    (b)be able to pursue the grievance without fear of discontinuation of services or recrimination from any person or agency who may be affected by or involved in the pursuit of the grievance.

    Schedule 2Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities

    (see s 6 (2))

    1Services should have as their focus the achievement of a better quality of life for people with disabilities, such as increased independence, education and employment opportunities and integration into the community.

    2Services should contribute to ensuring that the conditions of everyday life of people with disabilities are the same as, or as close as possible to, the conditions of everyday life enjoyed in the general community.

    3Services should be provided as part of local coordinated service systems and be integrated with services generally available to members of the community where possible.

    4Services should be tailored to meet the individual needs and goals of people with disabilities.

    5Programs and services should be designed and administered to meet the needs of people with disabilities who may experience additional disadvantage because of their sex, sexuality, ethnic origin, physical isolation or Aboriginality.

    6Programs and services should be designed and administered so as to promote recognition of the competence of, and enhance the image of, people with disabilities.

    7Programs and services should be designed and administered so as to promote the participation of people with disabilities in the life of the local community through maximum physical and social integration in that community.

    8Programs and services should be designed and administered so as to ensure that no single organisation providing services exercises control over all or most aspects of the life of a person with disabilities.

    9Organisations providing services, whether those services are provided specifically to people with disabilities or generally to the community, should make available information from which the quality of their services can be judged.

    10Programs and services should be designed and administered so as to provide opportunities for people with disabilities to reach goals and enjoy lifestyles that are valued by the community generally and are appropriate to their age.

    11Services should be designed and administered so as to ensure that people with disabilities have access to advocacy support where necessary to ensure adequate participation in decision making about the services they receive.

    12Programs and services should be designed and administered so as to ensure that appropriate avenues exist for people with disabilities to raise and have resolved any grievances about services.

    13Services should be designed and administered so as to provide people with disabilities with, and encourage them to make use of, avenues for continuing participation in the planning and operation of services that they receive.  In particular, programs and services provided to people with disabilities by the Territory and organisations should provide opportunities for consultation in relation to the development of major policy and program changes.

    14Programs and services should be designed and administered so as to respect the rights of people with disabilities to privacy and confidentiality.

    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     administrative unit

    ·     body

    ·     disallowable instrument

    ·     domestic partner

    ·     may (see s 146)

    ·     Minister

    ·     must (see s 146)

    ·     person (see s 160)

    ·     territory authority.

    associated, with a visitable place, for part 3 (Official visitors)see section 8A.

    disability, in respect of a person, means a disability—

    (a)that is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; and

    (b)that is permanent or likely to be permanent; and

    (c)that results in—

    (i)a substantially reduced capacity of the person for communication, learning or mobility; and

    (ii)the need for continuing support services; and

    (d)that may or may not be of a chronic episodic nature.

    entitled person, for part 3 (Official visitors)see section 8A.

    grant means a grant under section 6 (1).

    grantee, for an agreement entered into by a person on behalf of an organisation that is an unincorporated association, means the organisation and the person, separately.

    official visitor, for part 3 (Official visitors)see section 8A.

    operating entity, for a visitable place, for part 3 (Official visitors)see section 8A.

    organisation—

    (a)means a body (whether or not incorporated); and

    (b)includes—

    (i)an administrative unit; and

    (ii)a territory authority.

    provider of services means—

    (a)a person who provides services to a person with disabilities (whether or not those people are related); or

    (b)an organisation that provides services to people with disabilities.

    research and development activity means—

    (a)research in relation to the provision of services for people with disabilities; or

    (b)investigation of the need for services for people with disabilities; or

    (c)investigation of the effects of providing services to people with disabilities; or

    (d)planning for provision of services for people with disabilities; or

    (e)the development of proposals for the provision of services for people with disabilities; or

    (f)the initiation of services for people with disabilities; or

    (g)the development or implementation of training programs for—

    (i)people engaged in the provision of services; or

    (ii)the families of, and other people who provide care for or assistance to, people with disabilities; or

    (h)any other activities approved under section 9.

    researcher means a person, or an organisation, conducting research and development activities.

    specialist disability service—see section 4 (1).

    specialist disability service provider—see section 5 (1).

    visitable place, for part 3 (Official visitors)see section 8B.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

      Disability Services Act 1991 A1991‑98

      notified 24 December 1991 (Gaz 1991 No S155)
      s 1, s 2 commenced 24 December 1991 (s 2 (1))

      remainder commenced 24 June 1992 (s 2 (3))

      as amended by

      Statute Law Revision (Miscellaneous Provisions) Act 1992 A1992‑23 sch 1

      notified 4 June 1992 (Gaz 1992 No S71)

      commenced 4 June 1992

      Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2

      notified 27 August 1993 (Gaz 1993 No S165)

      commenced 27 August 1993 (s 2)

      Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1 pt 27

      notified 30 June 1994 (Gaz 1994 No S121)
      s 1, s 2 commenced 30 June 1994 (s 2 (1))

      sch 1 pt 27 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 104

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)

      pt 104 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.2

      notified LR 18 February 2004
      s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
      sch 2 pt 2.2 commenced 22 March 2004 (s 2 and CN2004-4)

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.29

      notified LR 22 March 2007
      s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

      sch 3 pt 3.29 commenced 12 April 2007 (s 2 (1))

      Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.13

      notified LR 22 February 2011
      s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

      sch 3 pt 3.13 commenced 1 March 2011 (s 2)

      Official Visitor Act 2012 A2012-33 sch 1 pt 1.3

      notified LR 15 June 2012
      s 1, s 2 commenced 15 June 2012 (LA s 75 (1))

      sch 1 pt 1.3 commenced 1 September 2013 (s 2 (as am by A2013‑22 s 4))

      Disability Services Amendment Act 2013 A2013-8

      notified LR 6 March 2013
      s 1, s 2 commenced 6 March 2013 (LA s 75 (1))

      remainder commenced 7 March 2013 (s 2)

      Official Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.3

      notified LR 17 June 2013
      s 1, s 2 commenced 17 June 2013 (LA s 75 (1))

      sch 1 pt 1.3 commenced 1 September 2013 (s 2 and see Official Visitor Act 2012 A2012-33 s 2 as am by this Act)

      Disability Services (Disability Service Providers) Amendment Act 2014 A2014-27

      notified LR 12 June 2014
      s 1, s 2 commenced 12 June 2014 (LA s 75 (1))

      remainder commenced 1 July 2014 (s 2)

      Disability Services Amendment Act 2018 A2018-50

      notified LR 6 December 2018
      s 1, s 2 commenced 6 December 2018 (LA s 75 (1))

      remainder commenced 7 December 2018 (s 2)

      Official Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.3

      notified LR 2 October 2019
      s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
      amdt 1.8 commenced 2 April 2020 (s 2 (1) and LA s 79)
      sch 1 pt 1.3 remainder commenced 3 October 2019 (s 2 (2))

      Justice and Community Safety Legislation Amendment Act 2025 (No 3) A2025-22 sch 1 pt 1.2

      notified LR 12 September 2025

      s 1, s 2 commenced 12 September 2025 (LA s 75 (1))
      sch 1 pt 1.2 commenced 1 November 2025 (s 2 (3) (a) and see Aged Care Act 2024 (Cwlth) s 7)

    2. Amendment history

      Preliminary

      pt 1 hdgins A2012‑33 amdt 1.21

      Name of Act

      s 1sub A2007‑3 amdt 3.150

      Dictionary

      s 2om A2001‑44 amdt 1.1118

      ins A2007‑3 amdt 3.150

      Notes

      s 2Ains A2007‑3 amdt 3.150

      Objects

      s 3am A2011‑3 amdt 3.161, amdt 3.162; A2014‑27 s 4

      Specialist disability services

      pt 1A hdgins A2014‑27 s 5

      What is a specialist disability service?

      s 4defs reloc to dict A2007‑3 amdt 3.151

      om A2007‑3 amdt 3.152

      ins A2014‑27 s 5

      Who is a specialist disability service provider?

      s 5om A1993‑44 sch 2

      ins A2014‑27 s 5

      Approval of standards

      s 5Ains A2014‑27 s 5

      Financial Assistance

      pt 2 hdgins A2012‑33 amdt 1.22

      Financial assistance for providers of services

      s 6am A2011‑3 amdt 3.163; A2013‑8 s 4; A2012‑33 amdt 1.23; A2013‑22 amdt 1.11; A2014‑27 s 6, s 7

      Conditions of grants

      s 7 hdgsub A2011‑3 amdt 3.164

      s 7am A2011‑3 amdts 3.165-3.168; A2013‑8 s 5; A2014‑27 s 8

      Review of effectiveness of grants

      s 8sub A2011‑3 amdt 3.169

      Official visitors

      pt 3 hdgins A2012‑33 amdt 1.24

      note am A2013‑22 amdt 1.12

      sub A2018‑50 s 4

      Definitions—pt 3

      s 8Ains A2012‑33 amdt 1.24

      sub A2013‑22 amdt 1.13

      am A2014‑27 s 9, s 10

      sub A2018‑50 s 4

      def associated ins A2018‑50 s 4

      def entitled person ins A2018‑50 s 4

      def official visitor ins A2018‑50 s 4

      sub A2019‑29 amdt 1.5

      def operating entity ins A2018‑50 s 4

      Meaning of visitable place—pt 3

      s 8Bins A2012‑33 amdt 1.24

      am A2013‑22 amdts 1.14-1.16; A2014‑27 s 11

      sub A2018‑50 s 4

      am A2025‑22 amdts 1.2-1.4

      Entitled person may request not to be visited

      s 8Cins A2012‑33 amdt 1.24

      sub A2013‑22 amdt 1.17

      am A2014‑27 s 12

      sub A2018‑50 s 4

      am A2019‑29 amdt 1.6

      Disability accommodation

      pt 4 hdgins A2012‑33 amdt 1.25

      om A2018‑50 s 4

      Complaint about disability service provided at place other than visitable place

      s 8Dins A2012‑33 amdt 1.25

      sub A2018‑50 s 4

      am A2019‑29 amdt 1.7, amdt 1.8

      def applicant ins A2012‑33 amdt 1.25

      om A2018‑50 s 4

      def reviewable decision ins A2012‑33 amdt 1.25

      om A2018‑50 s 4

      Information to be included on visitable places register

      s 8Eins A2012‑33 amdt 1.25

      am A2013‑22 amdt 1.18

      sub A2018‑50 s 4; A2019‑29 amdt 1.9

      Provider to give information about visitable place

      s 8Fins A2012‑33 amdt 1.25

      sub A2018‑50 s 4

      am A2019‑29 amdt 1.10

      Reviewable decision notice

      s 8Gins A2012‑33 amdt 1.25

      om A2018‑50 s 4

      Applications for review

      s 8Hins A2012‑33 amdt 1.25

      om A2018‑50 s 4

      Miscellaneous

      pt 5 hdgins A2012‑33 amdt 1.26

      Approval of activities

      s 9am A1992‑23 sch 1; A2001‑44 amdt 1.1119, amdt 1.1120; A2011‑3 amdt 3.170

      Guidelines

      s 10am A2001‑44 amdt 1.1121, amdt 1.1122; A2011‑3 amdt 3.171, amdt 3.172

      Disability service standards

      s 11exp 1 January 1995 (s 11 (1))

      ins A2013‑8 s 6

      om A2014‑27 s 13

      Approved forms

      s 11Ains A2013‑22 amdt 1.19

      Regulation-making power

      s 12ins A2013‑8 s 6

      am A2014‑27 s 14

      Transitional—Disability Services Amendment Act 2018

      pt 10 hdgins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      Definitions—pt 10

      s 50ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      def associated ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      def commencement day ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      def old register ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      def new register ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      Register of approved disability accommodation

      s 51ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      Expiry—pt 10

      s 52ins A2018‑50 s 5

      exp 7 June 2019 (s 52)

      Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities

      sch 2am A2004‑2 amdt 2.3; A2014‑27 s 15

      Dictionary

      dictins A2007‑3 amdt 3.153

      am A2011‑3 amdt 3.173; A2012‑33 amdt 1.29; A2013‑22 amdt 1.20; A2018‑50 s 6

      def applicant ins A2012‑33 amdt 1.30

      om A2018‑50 s 7

      def associated ins A2018‑50 s 8

      def disability reloc from s 4 A2007‑3 amdt 3.151

      def disability accommodation ins A2012‑33 amdt 1.31

      om A2018‑50 s 9

      def entitled person ins A2012‑33 amdt 1.31

      sub A2018‑50 s 10

      def grant am A1992‑23 sch 1

      reloc from s 4 A2007‑3 amdt 3.151

      def grantee reloc from s 4 A2007‑3 amdt 3.151

      sub A2011‑3 amdt 3.174

      def official visitor ins A2013‑22 amdt 1.21

      sub A2018‑50 s 10

      def operating entity ins A2014‑27 s 16

      sub A2018‑50 s 10

      def organisation am A1994‑38 sch 1 pt 27

      reloc from s 4 A2007‑3 amdt 3.151

      sub A2011‑3 amdt 3.175

      am A2014‑27 s 17

      def provider of services reloc from s 4 A2007‑3 amdt 3.151

      def research and development activity am A1992‑23 sch 1

      reloc from s 4 A2007‑3 amdt 3.151

      am A2011‑3 amdt 3.176

      def researcher reloc from s 4 A2007‑3 amdt 3.151

      def reviewable decision ins A2012‑33 amdt 1.32

      om A2018‑50 s 11

      def specialist disability service ins A2014‑27 s 18

      def specialist disability service provider ins A2014‑27 s 18

      def visitable place ins A2012‑33 amdt 1.33

      sub A2018‑50 s 12

    1. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 A1993‑44 31 August 1993
    2 A1994‑38 1 March 1999
    3 A2001‑44 4 April 2002
    4 A2004‑2 22 March 2004
    5 A2007‑3 12 April 2007
    6 A2011‑3 1 March 2011
    7 A2013-8 7 March 2013
    8 A2013‑22 1 September 2013
    9 A2014-27 1 July 2014
    10 A2018‑50 7 December 2018
    11 A2018‑50 8 June 2019
    12 A2019‑29 1 December 2019
    13 A2019‑29 2 April 2020
    1. Expired transitional or validating provisions

      This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

      Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

      To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.

    © Australian Capital Territory 2025

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