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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Disability Inclusion Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Disability Inclusion Act 2014 No 41 3
Schedule 2 Amendment of other legislation 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2022
New South Wales
Disability Inclusion Amendment Bill 2022
Act No , 2022
An Act to amend the Disability Inclusion Act 2014 to give effect to recommendations arising from
the statutory review of the Act; and for related purposes.
Disability Inclusion Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Disability Inclusion Amendment Act 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Disability Inclusion Act 2014 No 41
Schedule 1 Amendment of Disability Inclusion Act 2014 No
41
[1] Section 5 Principles recognising the needs of particular groups
Insert after section 5(5)--
(5A) Supports and services provided to LGBTIQ+ people with disability are to be
provided in a way that--
(a) addresses the needs of LGBTIQ+ people with disability, and
(b) is informed by consultation with LGBTIQ+ people with disability.
[2] Section 6 Having regard to disability principles
Omit the note.
[3] Section 7 Definitions
Omit the definitions of accommodation and service standards, Department, disability
service provider, eligible entity, guardian, non-government organisation, person in the
target group, prescribed conditions, Public Service agency and supported group
accommodation from section 7(1).
Insert in alphabetical order--
Department means the Department of Communities and Justice.
[4] Section 10 Requirement for State Disability Inclusion Plan
Omit "have a State plan" from section 10(1). Insert instead "prepare and make a State plan".
[5] Section 10(2)
Omit the subsection. Insert instead--
(2) In preparing the State Disability Inclusion Plan, the Department must consult
with--
(a) people with disability, and
(b) the Disability Council, and
(c) disability advocacy organisations.
[6] Section 10(4)
Omit the subsection. Insert instead--
(4) The State Disability Inclusion Plan must not form part of another document.
[7] Section 10(6)
Insert after section 10(5)--
(6) The Minister must make the State Disability Inclusion Plan available in one or
more formats accessible to people with disability.
[8] Section 11, heading
Insert "and remake" after "Review".
[9] Section 11(1)
Omit "have the plan". Insert instead "prepare and make the State Disability Inclusion Plan".
Page 3
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Disability Inclusion Act 2014 No 41
[10] Section 11(4) and (5)
Insert after section 11(3)--
(4) Within 12 months after the tabling of the report, and having taken into account
the recommendations made in the report, the Department must remake the
State Disability Inclusion Plan, with or without variations.
(5) Section 10 applies to the remaking of the State Disability Inclusion Plan in the
same way it applies to the making of the State Disability Inclusion Plan.
[11] Section 12 Requirement for disability inclusion action plans
Omit "have a plan" from section 12(1). Insert instead "prepare and make a plan".
[12] Section 12(5)
Omit "have a". Insert instead "prepare and make a".
[13] Section 12(5)
Insert at the end of section 12(5)(b)--
, and
(c) make the plan available in one or more formats accessible to people
with disability.
[14] Section 14, heading
Insert "and remake" after "Review".
[15] Section 14(1)
Omit "have the plan".
Insert instead "prepare and make the disability inclusion action plan".
[16] Section 14(4) and (5)
Insert after section 14(3)--
(4) Within 12 months after the completion of the review, and having taken into
account the recommendations made in the review, the public authority must
remake the disability inclusion action plan, with or without variations.
(5) Section 12 applies to the remaking of the disability inclusion action plan in the
same way it applies to the making of the disability inclusion action plan.
[17] Part 4
Omit Parts 4 and 5. Insert instead--
Part 4 Service standards and financial assistance
20 Disability service standards
(1) The regulations may make provision for or about standards (disability service
standards) relating to the provision of supports and services for people with
disability to improve the quality and effectiveness of the supports and services.
(2) The Secretary must make the disability service standards publicly available.
Page 4
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Disability Inclusion Act 2014 No 41
21 Financial assistance to promote objects of Act
(1) The Secretary may provide financial assistance to a government department,
local council or another entity for the purpose of promoting the objects of this
Act.
(2) The financial assistance may be provided, as the Secretary considers
appropriate--
(a) subject to conditions or unconditionally, and
(b) in relation to a particular matter.
22 Secretary may require information
(1) This section applies if the Secretary reasonably believes a person receiving, or
seeking to receive, financial assistance under section 21 has information or a
document in the person's possession or control relating to--
(a) the provision of the financial assistance, or
(b) obtaining or providing supports or services with the financial assistance,
or
(c) compliance with an agreement entered into with the Secretary in
relation to the financial assistance.
(2) The Secretary may, by notice given to the person, require the person to give
the information or document to the Secretary.
(3) The notice must specify--
(a) the nature of the information or document, and
(b) how the person must give the information or document, and
(c) the reasonable period, of at least 14 days, within which the information
or document must be given.
(4) The person must comply with the notice.
Note-- It is an offence under the Crimes Act 1900, section 307B to give false or
misleading information to a person exercising a power, authority, duty or function
under, or in connection with, a law of the State.
23 Protection from liability for giving information
If a person, acting in good faith, gives information or a document in
accordance with a requirement under section 22, the person--
(a) is not liable to civil or criminal action for giving the information or
document, and
(b) cannot be held to have breached a code of professional etiquette or
ethics or departed from accepted standards of professional conduct as a
result of giving the information or document.
[18] Section 47 Sections 3-6 do not give rise to or affect a cause of action
Omit section 47(2).
[19] Section 48 Dealing with particular accounts and funds
Omit the section.
[20] Schedules 2 and 3
Omit the Schedules.
Page 5
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Disability Inclusion Act 2014 No 41
[21] Schedule 4 Savings, transitional and other provisions
Insert after Part 2--
Part 3 Provisions consequent on enactment of Disability
Inclusion Amendment Act 2022
7 Definitions
In this Part--
amending Act means the Disability Inclusion Amendment Act 2022.
commencement date means the date of assent to the amending Act.
repealed, in relation to a provision, means the provision as in force
immediately before its repeal by the amending Act.
8 Continuation of financial assistance
An arrangement for a government department, local council or other entity to
receive financial assistance under repealed section 37 continues--
(a) as if the arrangement had been made under section 21, as inserted by the
amending Act, and
(b) subject to the conditions of the Secretary in place immediately before
the commencement date.
9 Notice to give information remains in force
A notice issued by the Secretary under repealed section 38 and in force
immediately before the commencement date continues as if it had been issued
under section 22 as in force on the commencement date.
10 Accessible format of plans
Sections 10(6) and 12(5)(c), as inserted by the amending Act, apply only to a
State Disability Inclusion Plan or disability inclusion action plan made or
remade after the commencement date.
11 Period of review for certain disability inclusion action plans
Despite section 14(1), a disability inclusion action plan made or remade by a
local council in 2017 must be reviewed before the end of 30 November 2022.
Page 6
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Community Services (Complaints, Reviews and Monitoring) Act 1993
No 2
[1] Section 28 Applications to Tribunal for administrative reviews of decisions
Omit ", section 35 of the Disability Inclusion Act 2014" from section 28(1)(a).
[2] Section 35 Application of Part
Omit section 35(1)(f) and (g).
[3] Section 35(2)
Omit the definitions of assisted boarding house and supported group accommodation
(including the note).
2.2 Community Welfare Act 1987 No 52
Section 7 Assistance funds for community welfare and social development
programs
Omit "Part 5" from section 7(3A). Insert instead "Part 4".
2.3 Coroners Act 2009 No 41
[1] Section 24 Jurisdiction concerning deaths of children and disabled persons
Omit "supported group accommodation" from section 24(1)(e).
Insert instead "specialist disability accommodation".
[2] Section 24(1)(f)
Omit the paragraph. Insert instead--
(f) a person, other than a child in care, who--
(i) is a person in the relevant group, and
(ii) receives assistance of a kind prescribed by the regulations from a
service provider to enable the person to live independently in the
community.
[3] Section 24(3)
Omit the definition of supported group accommodation. Insert in alphabetical order--
person in the relevant group--see section 24A.
specialist disability accommodation means premises--
(a) enrolled under the National Disability Insurance Scheme (Specialist
Disability Accommodation) Rules 2020 of the Commonwealth, section
26, and
(b) that is, or is a type of premises, prescribed by the regulations to be
specialist disability accommodation, and
(c) that is not, or is not a type of premises, prescribed by the regulations to
not be specialist disability accommodation.
[4] Section 24A
Insert after section 24--
Page 7
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 2 Amendment of other legislation
24A Meaning of "person in the relevant group"
(1) For this Act, a person in the relevant group is a person who has a disability,
whether or not of a chronic episodic nature, that--
(a) is attributable to an intellectual, cognitive, neurological, psychiatric,
sensory or physical impairment, or a combination of those impairments,
and
(b) is permanent or likely to be permanent, and
(c) results in a significant reduction in the person's functional capacity in
one or more areas of major life activity, including, for example,
communication, social interaction, learning, mobility, decision-making,
self-care and self-management, and
(d) results in the need for support, whether or not of an ongoing nature.
(2) To avoid doubt, each of the following persons, within the meaning of the
Mental Health Act 2007, is a person in the relevant group if the person has a
disability referred to in subsection (1)--
(a) an involuntary patient or a forensic patient,
(b) a person subject to a community treatment order,
(c) a person under detention in a mental health facility.
(3) A person in the relevant group includes a child under 6 years of age who has
developmental delay within the meaning of the National Disability Insurance
Scheme Act 2013 of the Commonwealth.
(4) To avoid doubt, a person with a permanent disability is a person in the relevant
group even if the severity of the person's impairment because of the disability
may diminish over time or the person's condition may improve.
(5) In this section--
disability, in relation to a person, includes a long-term physical, psychiatric,
intellectual or sensory impairment that, in interaction with various barriers,
may hinder the person's full and effective participation in the community on
an equal basis with others.
support means assistance provided to a person with disability to do one or
more of the following--
(a) help the person undertake the person's day to day activities,
(b) increase the person's independence,
(c) facilitate the person's social and economic inclusion in the community.
2.4 Coroners Regulation 2021
Clause 4A
Insert after clause 4--
4A Meaning of "specialist disability accommodation"--the Act, s24(3)
(1) For the Act, section 24(3), definition of specialist disability accommodation,
paragraph (b), premises are prescribed to be specialist disability
accommodation if--
(a) the premises are residential, and
(b) the premises are under the control, direction or management of a
registered NDIS provider, within the meaning of the National Disability
Insurance Scheme Act 2013 of the Commonwealth, and
Page 8
Disability Inclusion Amendment Bill 2022 [NSW]
Schedule 2 Amendment of other legislation
(c) the registered NDIS provider provides supported independent living at
the premises.
(2) For the Act, section 24(3), definition of specialist disability accommodation,
paragraph (c), nursing homes are prescribed not to be specialist disability
accommodation.
(3) In this clause--
nursing home means a facility at which residential care within the meaning of
the Aged Care Act 1997 of the Commonwealth is provided.
supported independent living has the same meaning as in the National
Disability Insurance Scheme (Specialist Disability Accommodation
Conditions) Rule 2018 of the Commonwealth.
2.5 Disability Inclusion Regulation 2014
[1] Clauses 4 and 9
Omit the clauses.
[2] Part 4 Probity checks
Omit the Part.
2.6 Land Tax Management Act 1956 No 26
Section 3B Concessional trust--meaning
Omit "target group within the meaning of the Disability Inclusion Act 2014" from section
3B(1)(b)(iii).
Insert instead "relevant group within the meaning of the Coroners Act 2009".
2.7 Ombudsman Act 1974 No 68
[1] Part 3C Protection of people with disability
Omit the Part.
[2] Schedule 1 Excluded conduct of public authorities
Omit "or" from the end of item 12(c) and omit item 12(e).
[3] Schedule 1
Omit "unless the conduct relates to a reportable incident or reportable conviction (within
the meaning of Part 3C), or the inappropriate handling or response to such an incident or
conviction" from item 13.
Page 9
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