Disability Services Act 1993 (WA)

Western Australia

Western Australia

Disability Services Act 1993

An Act for the establishment of the Disability Services Commission and the Ministerial Advisory Council on Disability, for the furtherance of principles applicable to people with disability, for the funding and provision of services to such people that meet certain objectives, for the resolution of complaints by such people, and for related purposes.

[Long title amended: No. 44 of 1999 s. 4; No. 57 of 2004 s. 4; No. 40 of 2012 s. 24.]

This Act may be cited as the Disability Services Act 1993.

This Act comes into operation 7 days after the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears — 

Account means the account referred to in section 15(2);

Board means the board of the Commission provided for by section 7;

carer has the meaning given to that term in section 3A;

chief executive officer means the chief executive officer of the Commission;

Commission means the Disability Services Commission referred to in section 6;

Council means the Ministerial Advisory Council on Disability established under section 22;

Declared Places Act means the Declared Places (Mental Impairment) Act 2015;

Director means the Director of the Health and Disability Services Complaints Office appointed under the Health and Disability Services (Complaints) Act 1995;

disability means a disability — 

• (a)

  which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory, or physical impairment or a combination of those impairments; and

• (b)

  which is permanent or likely to be permanent; and

• (c)

  which may or may not be of a chronic or episodic nature; and

• (d)

  which results in — 

• (i)

  a substantially reduced capacity of the person for communication, social interaction, learning or mobility; and

• (ii)

  a need for continuing support services;

disability service means —

• (a)

  a service provided specifically for people with disability, whether by carers or others; or

• (b)

  a service provided specifically for carers;

Disability Services Standards are those standards prescribed in accordance with section 12(1)(i);

metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;

personnel means the chief executive officer and people appointed or employed under section 9;

public authority means — 

• (a)

  a department of the Public Service or an organisation specified in column 2 of Schedule 2 of the Public Sector Management Act 1994; or

• (b)

  another authority or body (whether incorporated or not) that is established for a public purpose by the State, regardless of the way it is established; or

• (c)

  a person declared by regulation to be a public authority;

resident means a resident as defined in the Declared Places Act section 3;

service developer means a person who or which — 

• (a)

  investigates the need for disability services other than disability services provided by carers;…