Disability Services Act 1993

This

Act may be cited as the Disability

Services Act 1993.

The objects of this Act are—

to acknowledge and support the rights of people living with disabilities to exercise choice and control in relation to decision‑making; and

to ensure that disability services provided by the government or funded under this Act are of the highest standard and are provided in a manner that is safe, accountable and responsive to the needs of people living with disabilities, their families and carers; and

to promote the protection of people living with disabilities from abuse, neglect and exploitation; and

to set out principles that are to be applied with respect to people living with disabilities; and

to set out objectives for providers of disability services and for researchers; and

to provide for the funding of disability services and research or development activities; and

to ensure that disability services and research or development activities funded under this Act are provided or carried out in a manner that applies those principles and meets those objectives.

In this Act, unless the contrary intention appears:

disability in relation to a person means a disability—

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

that is, or is likely to be, permanent; and

that results in the person having—

a reduced capacity for social interaction, communication, learning, mobility, decision making or self care; and

a need for continuing support services, and includes such a disability notwithstanding that it is of an episodic nature;

disability services means services provided, whether wholly or partially, for persons with disabilities or their carers and, without limiting the generality of the expression, includes—

accommodation services;

home care and family support services;

independent living training services;

information services;

print disability services;

recreation services;

respite care services;

education or training services;

advocacy services;

therapy services;

equipment services;

counselling or support services;

transport services;

prescribed disability service provider means a provider of disability services that—

is a government department, agency or instrumentality; or

is funded under this Act;

research or development activities means—

research in relation to the provision of disability services; or

investigation of the need for disability services; or

the planning, development or implementation of disability services; or

the planning, development or implementation of training programmes—

for persons engaged in the provision of disability services; or

for families of persons with disabilities and other persons who care for or assist persons with disabilities; or

investigation of outcomes achieved by persons with disabilities or their carers through the provision of disability services; or

any other activities approved by the Minister;

researcher means a person, body or authority conducting research or development activities.

A prescribed disability service provider must have in place appropriate policies and procedures for ensuring the safety and welfare of persons using the service.

Note—

The nature of these policies and procedures will depend on the nature of the service provided but may include, for example, policies and procedures addressing:

• management of care concerns

• restrictive practices

• supported decision‑making and consent

• disclosure of abuse or neglect

• reporting of critical incidents

A prescribed disability service provider must ensure that the policies and procedures required under this section are reviewed on at least an annual basis.

A prescribed disability service provider must—

have in place appropriate policies and procedures for dealing with complaints and grievances; and

ensure that those policies and procedures refer persons to whom services are provided to relevant statutory complaint or dispute resolution bodies (where appropriate); and

ensure that information about those policies and procedures is readily accessible by persons to whom services are provided.

The

Minister may approve the funding, out of money provided for the purpose, of—

disability services; and

research or development activities.

For the purposes of subsection (1), money may be granted—

to any person, body or authority, including any government, non-government or local government body or authority; or

to any person with a disability or a carer of such a person, for the purpose of obtaining the care, support or assistance the person with the disability or the carer may need.

In performing his or her functions under this section, the Minister must seek to further the objects of this Act.

A provider of disability services or researcher funded under this Act must, in providing the services or carrying out the research or development activities, apply the principles and meet the objectives set out in the Schedules to this Act.

The

Minister may, as a condition of approving funding under this Act, require the person, body or authority to whom the money is to be granted to enter into a performance agreement containing such terms and conditions as the Minister thinks will ensure compliance with sections 3A and 3B and subsection (1) of this section.

An agreement under this section must be in writing and signed by both parties.

The

Minister should include in such an agreement a condition or conditions that will enable the Minister to monitor adequately the other party's performance under the agreement.

A provider of disability services funded under this Act commits an act of victimisation against another person (the victim) if he or she causes detriment to the victim on the ground, or substantially on the ground, that the victim, or a person acting on the victim's behalf—

has disclosed or intends to disclose information; or

has made or intends to make an allegation, that has given rise, or could give rise, to legal proceedings against the provider of disability services or that may disclose a breach of an agreement entered into under section 5.

An act of victimisation under this section may be dealt with—

as a tort; or

as if it were an act of victimisation under the Equal

Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the

Equal

Opportunity Act 1984, and conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort.

Where a complaint alleging an act of victimisation under this section has been lodged with the Commissioner for Equal Opportunity and the

Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.

In this section—

detriment includes—

injury, damage or loss; or

intimidation or harassment; or

discrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or

discrimination, disadvantage or adverse treatment in relation to the provision of disability services to the victim; or

threats of reprisal.

Before making any major decisions relating to the development, funding or discontinuance of disability services or research or development activities, the Minister must, to the extent that is practicable, consult with persons with disabilities or carers likely to be affected by the decision.

The

Minister should encourage the informed participation of persons with disabilities and carers in the design, development, management and evaluation of disability services.

The

Minister must cause a disability service or research or development activity funded under this Act to be reviewed at intervals of not more than three years, for the purpose of assessing the extent to which the principles and objectives set out in the Schedules to this

Act are being applied and met.

The

Governor may make regulations requiring providers of disability services or researchers funded under this Act to provide specified information, or information of a specified class, to the Minister for the purpose of assessing the outcomes of funding provided under this Act.

The

Minister may, by instrument in writing, delegate any of the

Minister's powers or functions under this Act—

to a particular person or body; or

to the person for the time being occupying a particular position.

A delegation under this section—

may be absolute or conditional; and

does not derogate from the power of the Minister to act in any matter;

and

is revocable by the Minister at will.

Nothing in this Act gives rise to, or can be taken into account in, any civil cause of action.