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This Act may be cited as the Disability Services Act 1993.
This Act comes into operation 7 days after the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears —
Account means the account referred to in section 15(2);
Board means the board of the Commission provided for by section 7;
carer has the meaning given to that term in section 3A;
chief executive officer means the chief executive officer of the Commission;
Commission means the Disability Services Commission referred to in section 6;
Council means the Ministerial Advisory Council on Disability established under section 22;
Declared Places Act means the Declared Places (Mental Impairment) Act 2015;
Director means the Director of the Health and Disability Services Complaints Office appointed under the Health and Disability Services (Complaints) Act 1995;
disability means a disability —
which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory, or physical impairment or a combination of those impairments; and
which is permanent or likely to be permanent; and
which may or may not be of a chronic or episodic nature; and
which results in —
a substantially reduced capacity of the person for communication, social interaction, learning or mobility; and
a need for continuing support services;
disability service means —
a service provided specifically for people with disability, whether by carers or others; or
a service provided specifically for carers;
Disability Services Standards are those standards prescribed in accordance with section 12(1)(i);
metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;
personnel means the chief executive officer and people appointed or employed under section 9;
public authority means —
a department of the Public Service or an organisation specified in column 2 of Schedule 2 of the Public Sector Management Act 1994; or
another authority or body (whether incorporated or not) that is established for a public purpose by the State, regardless of the way it is established; or
a person declared by regulation to be a public authority;
resident means a resident as defined in the Declared Places Act section 3;
service developer means a person who or which —
investigates the need for disability services other than disability services provided by carers; or
researches the provision of disability services other than disability services provided by carers; or
plans for the provision of disability services other than disability services provided by carers; or
develops proposals for the provision of disability services other than disability services provided by carers; or
initiates the provision of disability services other than disability services provided by carers; or
develops or implements training programmes for people who provide disability services other than disability services provided by carers; or
researches the effects of providing disability services other than disability services provided by carers; or
does any prescribed activity;
service provider means an individual or group of individuals or a body corporate or incorporate that renders or provides disability services other than disability services provided by carers.
[Section 3 amended: No. 32 of 1994 s. 19; No. 44 of 1999 s. 5; No. 37 of 2004 s. 24; No. 57 of 2004 s. 5; No. 38 of 2005 s. 15; No. 33 of 2010 s. 32; No. 40 of 2012 s. 4 and 24; No. 4 of 2015 s. 70; No. 10 of 2023 s. 334.]
Except as provided in subsection (2), a person is a carer for the purposes of this Act if he or she is an individual who provides ongoing care or assistance to a person with disability.
However a person is not a carer if he or she —
provides the care or assistance under a contract for services (other than an agreement entered into under section 25) or a contract of service; or
provides the care or assistance while doing community work as defined in section 3(1) of the Volunteers and Food and Other Donors (Protection from Liability) Act 2002.
A person is not a carer for the purposes of this Act only because —
the person is a spouse, de facto partner, parent or guardian of a person with disability; or
the person provides care to a child with disability under an arrangement with the chief executive officer of the department principally assisting the Minister administering the Children and Community Services Act 2004 in the administration of that Act.
[Section 3A inserted: No. 37 of 2004 s. 25; amended: No. 53 of 2006 s. 12(2); No. 33 of 2010 s. 33; No. 40 of 2012 s. 24.]
This Act is not to be taken as providing a person with disability, or any other person, with any greater entitlement to legally enforce the provision of a service than he or she would have had if this Act had not been enacted.
Subsection (1) does not limit the services that may be provided under this Act.
[Section 4 amended: No. 40 of 2012 s. 24.]
This Act binds the Crown.
The body corporate established under the Authority for Intellectually Handicapped Persons Act 1985 (repealed in Schedule 6) and called the Authority for Intellectually Handicapped Persons is continued as a body corporate under this Act and is called the Disability Services Commission.
The Commission is a body corporate with perpetual succession and a common seal.
Proceedings may be taken by or against the Commission in its corporate name.
The Commission is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown.
The Commission is to be taken to be a department established under section 35 of the Public Sector Management Act 1994.
[Section 6 amended: No. 57 of 2004 s. 6.]
The Commission is to have a board as its governing body and the Board, in the name of the Commission, is to perform the Commission’s functions under this Act or any other written law.
The Board is to comprise 9 members appointed by the Minister from persons nominated under subsection (2a) —
one of whom is to be the person appointed under Schedule 5 as the chairperson of the Council; and
at least 5 of whom are to have —
disability; or
a relative with disability; or
recent experience as a carer of a person with disability; or
recent experience as an advocate for people with disability;
and
at least 2 of whom are to have disability; and
at least one of whom has recent experience as a carer of a person with disability; and
at least 2 of whom have had recent experience in matters relevant to people with disability outside the metropolitan region.
The Minister is to seek nominations, in accordance with the regulations, of persons for appointment as members of the Board.
In appointing members the Minister is to ensure that appointed to the Board are —
people who have expertise relevant to the functions of the Commission and its operations, including expertise in management, finance, law, marketing, and the provision of services in the public and private sectors; and
people who have knowledge of, and experience in, matters relevant to people with disability.
Schedule 3 has effect.
[Section 7 amended: No. 57 of 2004 s. 7; No. 40 of 2012 s. 5 and 24.]
A chief executive officer of the Commission is to be appointed under and subject to Part 3 of the Public Sector Management Act 1994.
The function of the chief executive officer is, subject to the control of the Board, to administer the day to day operations of the Commission.
[Section 8 amended: No. 32 of 1994 s. 19.]
Other officers who are necessary to enable the Commission to perform its functions may be appointed under and subject to Part 3 of the Public Sector Management Act 1994.
The Commission may employ people otherwise than under Part 3 of the Public Sector Management Act 1994, and such people are to be employed subject to any relevant industrial award or agreement.
[Section 9 amended: No. 32 of 1994 s. 19; No. 44 of 1999 s. 6.]
The Commission may by arrangement make use, either full‑time or part‑time, of —
the services of any officer or employee in the Public Service or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or
any facilities of a department of the Public Service or of a State agency or instrumentality.
An arrangement under subsection (1) is to be made between the Commission and the Minister concerned and on such terms as they and the relevant employing authority agree.
[Section 10 amended: No. 32 of 1994 s. 19.]
Schedule 4 has effect.