Disability Inclusion Act 2024

This Act is the Disability Inclusion Act 2024.

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

Note 1 The dictionary at the end of this Act defines certain terms used in this Act and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘protected attribute—see the Discrimination Act 1991, section 7.’ means that the term ‘protected attribute’ is defined in that section and the definition applies to this Act.

Note 2 A 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)).

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

The main object of this Act is to foster a community in the ACT where—

people with disability are recognised as an important and valuable part of the diverse community; and

ableism is challenged and addressed; and

barriers to accessibility and inclusion are identified and removed.

The object is to be achieved by requiring the development and review of—

disability inclusion strategies for the Territory; and

disability inclusion plans for the public sector.

In achieving the object, it is the Legislative Assembly’s intention that, to the extent reasonably practicable, the operation and administration of this Act is to support and further the principles of—

the Convention on the Rights of Persons with Disabilities; and

any other relevant international human rights instruments affecting people with disability, as in force from time to time.

For this Act, disability inclusion is a process intended to achieve equity between people with disability and other members of the community by doing the following:

ensuring equality of rights, opportunities, responsibilities and outcomes between people with disability and other members of the community;

redressing disadvantage or discrimination affecting people with disability;

addressing stigma, stereotyping, prejudice, violence, abuse, neglect or exploitation affecting people with disability;

accommodating difference by way of structural change;

addressing barriers to accessibility, including barriers compounded by intersectionality.

For this Act, ableism is a belief that people with disability are, as a result of disability, less worthy of respect and consideration, less able to contribute to or participate in society or of less inherent value than people without disability.

The disability inclusion principles are set out in schedule 1.

In this Act:

disability inclusion strategy, for the Territory, means a strategy for—

disability inclusion in the ACT community; and

the implementation of the disability inclusion principles in the ACT.

In this Act:

priority inclusion area—each of the following is a priority inclusion area:

an area mentioned in the national disability strategy as an area in which improvement must be made to achieve the strategy’s objective;

an area declared by the Minister.

Examples—par (a)

 employment and financial security

 inclusive homes and communities

 safety, rights and justice

 personal and community support

 education and learning

 health and wellbeing

 community attitudes

responsible Minister, for a priority inclusion area, means the Minister declared by the Chief Minister as the responsible Minister for the priority inclusion area.

Each of the following is a notifiable instrument:

a declaration under subsection (1), definition of priority inclusion area, paragraph (b);

a declaration under subsection (1), definition of responsible Minister.

In this section:

national disability strategy means the national disability policy framework developed by the Commonwealth, States, Territory and local governments, as in force from time to time.

Note The national disability strategy is available at www.disabilitygateway.gov.au.

The responsible Minister for a priority inclusion area must, in consultation with the Minister, make a disability inclusion strategy for the Territory in relation to the priority inclusion area.

The disability inclusion strategy must—

be consistent with the disability inclusion principles; and

include strategies that do the following in relation to the priority inclusion area:

promote disability inclusion;

reduce, remove and prevent barriers to accessibility;

address ableism; and

include information about how the strategy relates to any other significant strategy (however named) that applies in the ACT in relation to the priority inclusion area; and

include information for non-government entities about ways to support the disability inclusion strategy, including how to make a disability inclusion plan.

The disability inclusion strategy expires 10 years after the day it commences.

The responsible Minister for the priority inclusion area must, in consultation with the Minister, make a new disability inclusion strategy to replace the expiring disability inclusion strategy (an expiring strategy).

However, if the expiring strategy expires before a new disability inclusion strategy is made, the expiring strategy continues in force until the new strategy commences.

A disability inclusion strategy is a notifiable instrument.

In preparing a disability inclusion strategy for a priority inclusion area, the responsible Minister for the priority inclusion area—

must consult—

people with disability; and

families and carers of people with disability; and

the council; and

disabled peoples organisations and systemic advocacy groups; and

may consult with any other significant entity that represents or supports people with disability, or has expertise in relation to disability inclusion.

The responsible Minister must take all practicable steps to ensure that people consulted under subsection (1) reflect the diversity of the ACT community, including by taking into account the diversity in the community of—

disabilities and impairments; and

sexual and gender identities; and

life experiences, including the experiences of veterans; and

age groups; and

cultural and linguistic identities, including Aboriginal or Torres Strait Islander identity; and

socioeconomic backgrounds.

The responsible Minister must ensure that consultation is carried out in a way that—

supports a collaborative working arrangement with the people and entities consulted; and

seeks to ensure each person and entity consulted understands—

the consultation process; and

how to take part effectively in the consultation and have their views and wishes heard; and

includes sufficient information, in a language and way each person and entity consulted understands, to allow the person or entity to take part effectively in the consultation and have their views and wishes understood.

Before making a disability inclusion strategy for a priority inclusion area, the responsible Minister must consider any comments received during consultation.

The responsible Minister for the priority inclusion area mentioned in an item in table 12, column 2 may adopt the strategy mentioned in the item, column 3 as the first disability inclusion strategy for that priority inclusion area.

If a responsible Minister adopts a strategy mentioned in an item in table 12, column 3 as a disability inclusion strategy—

the adopted strategy is taken to meet the requirements under section 10 (2); and

the requirements under section 11 do not apply to the adopted strategy; and

the disability inclusion strategy is taken to expire at the end of the year mentioned in the item, column 4.

Table 12

This section expires on 1 December 2035.

The responsible Minister for a priority inclusion area must, for each financial year, prepare a report setting out achievements under the disability inclusion strategy for the financial year.

The report must not, without a person’s consent, include information that—

identifies the person; or

would allow the person’s identity to be worked out.

The report must include any information prescribed by regulation.

The report must, not later than 3 months after the end of the financial year—

if the Minister preparing the report is not the Minister for this Act—be given to the Minister for this Act; and

be published on an ACT government website.