Disability Services Act 2006 (Qld)

Disability Services Act 2006

An Act to protect and promote the rights of people with disability, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Disability Services Act 2006.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

4   Contravention of this Act does not create civil cause of action

No provision of this Act creates a civil cause of action based on a contravention of the provision.

5   Act does not affect other rights or remedies

(1)This Act, other than sections 189, 190, 218, 219, 251 to 253 and 255, does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

6   Objects of Act

(1)The objects of this Act are—

(a)to acknowledge the rights of people with disability including by promoting their inclusion in the life of the community generally; and

(b)to ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability; and

(c)to support the operation of the national disability insurance scheme in Queensland and ensure the quality and safety of NDIS supports or services in the context of the national regulatory framework; and

(d)to safeguard the rights of adults with an intellectual or cognitive disability including by regulating the use of restrictive practices by relevant service providers in relation to those adults—

(i)only where it is necessary to protect a person from harm; and

(ii)with the aim of reducing or eliminating the need for use of the restrictive practices.

(2)In this section—

national regulatory framework means the national regulatory framework for service providers established under the National Disability Insurance Scheme Act 2013 (Cwlth).

7   How objects are mainly achieved

The objects are mainly achieved by—

(a)stating the human rights principle and supporting rights applying to people with disability; and

(b)stating the principles for service delivery to people with disability to be promoted by service providers; and

(c)regulating disability services funded by the department to ensure the quality, safety, responsiveness and accountability of the services; and

(d)regulating particular aspects of the provision of NDIS supports or services by particular NDIS service providers under the National Disability Insurance Scheme Act 2013 (Cwlth) to ensure the quality and safety of the supports or services; and

(e)helping to protect people with disability using services funded by the…