Disability Services Act 1993

1 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

2 The Disability Services Act 1993 Sch. 6 Pt. 2 reads as follows:

Part 2 — Transitional provisions

3. Interpretation

In this Part repealed Act means the Authority for Intellectually Handicapped Persons Act 1985.

4. Members of the Authority for Intellectually Handicapped Persons cease to hold office

On the commencement of this Act, members of the Authority for Intellectually Handicapped Persons cease to hold office.

5. Authority for Intellectually Handicapped Persons Account

On the commencement of this Act the account called the “Authority for Intellectually Handicapped Persons Account” (referred to in section 21 of the repealed Act) is to be renamed the “Disability Services Commission Account” (referred to in section 15(2) of this Act).

6. References to Authority for Intellectually Handicapped Persons

On the commencement of this Act a reference in any written law or in any document to the Authority for Intellectually Handicapped Persons is to be construed as if it had been amended to be a reference to the Disability Services Commission, unless because of the context it would be inappropriate to do so.

7. Director and other staff of Authority for Intellectually Handicapped Persons

Notwithstanding section 8 of this Act, on the commencement of this Act the person who immediately before then held the office of Director under section 15 of the repealed Act, becomes, by force of this subsection, the chief executive officer of the Disability Services Commission.

Notwithstanding section 9 of this Act, on the commencement of this Act all people who immediately before then were appointed or engaged under section 16(1) or (2) of the repealed Act, become, by force of this subsection, appointed or engaged (as the case may be) under section 9(1) or (2) of this Act.

Notwithstanding section 9 of this Act, on the commencement of this Act all people who immediately before then were engaged under section 17 of the repealed Act, become, by force of this subsection, engaged under section 9(3) of this Act.

On the commencement of this Act 

the terms and conditions, including remuneration payable, on which any person referred to in subsection (1), (2) or (3) was appointed or engaged immediately before then continue; and

there is no break or interruption in the employment of any such person by reason of this Act commencing and nothing in this Act affects any entitlement of such a person existing immediately before then.

The appointment or engagement of any person referred to in subsection (1), (2) or (3) is capable of termination, and the terms and conditions are capable of variation, after the commencement of this Act in the same manner and to the same extent as before then.

8. Funding agreements

On the commencement of this Act, an agreement made with the Minister under Part 2 of the Disability Services Act 1992 before the commencement of this Act 

is to be taken as being made with the Commission; and

continues to have effect as if made under Part 4 of this Act.

9. Advisory Council members

Notwithstanding section 22(2) of this Act, on the commencement of this Act all people who immediately before then were members of the Advisory Council for Disability Services established under the Disability Services Act 1992, become, by force of this section, appointed to the Advisory Council for Disability Services continued by this Act.

3 The Disability Services Amendment Act 1999 s. 27 is a transitional provision that is of no further effect.

4 The Disability Services Amendment Act 2004 s. 11(2) and (3) and s. 20(2) read as follows:

11. Section 22 replaced and transitional provision

Each member of the old Council immediately before commencement day is to be taken to have been appointed under section 22 of the Disability Services Act 1993 as inserted by this section to the new Council for the term of his or her appointment to the old Council.

In subsection (2) —

commencement day means the day on which this section comes into operation;

new Council means the Ministerial Advisory Council on Disability established under section 22 of the Disability Services Act 1993 as inserted by subsection (1);

old Council means the Advisory Council for Disability Services established under the Disability Services Act 1992 and continued by section 22 of the Disability Services Act 1993.

20. Section 28 replaced and transitional provision

A public authority that had a disability service plan immediately before commencement of this section is taken to have a disability access and inclusion plan for the purposes of section 28 of the Disability Services Act 1993 as inserted by this section.

5 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.