Disability Services Act 1993

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.

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;

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;

is a government department, agency or instrumentality; or

is funded under this Act;

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;

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

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

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

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

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

The

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

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

In this section—

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

The

The

The

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;

is revocable by the Minister at will.