EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Disability Discrimination Amendment (Education Standards) Act 2005
Proclamation
The table at subsection 2(1) of the Disability Discrimination Amendment (Education Standards) Act 2005 (the Act) provides that Schedule 1 to the Act will commence on a single day to be fixed by Proclamation. However, if any of the provisions of Schedule 1 do not commence within a period of six months from the day the Act receives the Royal Assent, they will commence on the first day after the end of that period. The Act received the Royal Assent on 1 March 2005.
The purpose of the Proclamation is to fix 10 August 2005 as the day on which Schedule 1 to the Act commences.
The Act amends the Disability Discrimination Act 1992 to ensure that new Disability Standards for Education are fully supported by legislation. The Disability Standards were formulated by the Attorney-General under section 31 of the Disability Discrimination Act and were tabled in Parliament on 17 March 2005.
The commencement date will allow the amendments to the Disability Discrimination Act to take effect prior to the expiration of the period in which the Disability Standards may be amended by either House of Parliament. If no notice of motion to amend the Disability Standards is given while they are before Parliament, they will take effect on the day after each House has had 15 sitting days since the Standards were laid before that House. On this basis, the Disability Standards are expected to take effect on 17 August 2005.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.