reg 1Citation

These are the Disability Services Regulations 2004.

reg 2Commencement

These regulations come into operation on the day on which the Disability Services Amendment Act 2004 comes into operation.

reg 3Nominations for Board membership (s. 7)

For the purposes of section 7(2a) of the Act, the Minister is to seek nominations for membership of the Board by notice published at least 3 weeks before nominations close in a newspaper circulating throughout the State.

reg 4ADisability Service Standards (s. 12)

The following Disability Service Standards, endorsed and published by the Commission in 2014 are prescribed for the purposes of section 12(1)(i) of the Act —

(a)

Rights;

(b)

Participation and Inclusion;

(c)

Individual Outcomes;

(d)

Feedback and Complaints;

(e)

Service Access;

(f)

Service Management.

[Regulation 4A inserted: Gazette 30 Jun 2014 p. 2394.]

reg 4Nominations for Council membership (s. 22)

For the purposes of section 22(3) of the Act, the Minister is to seek nominations for membership of the Council by notice published at least 3 weeks before nominations close in a newspaper circulating throughout the State.

reg 5Procedure for public consultation by Council (s. 23)

(1)

For the purposes of section 23(1a) of the Act, the Council is to undertake consultation by calling for submissions on issues of concern to people with disability either specifically or generally —

(a)

by notice in a newspaper circulating throughout the State; or

(b)

on any website maintained by or on behalf of the Council.

(2)

Nothing in subregulation (1) prevents the Council from also undertaking any other consultation.

[Regulation 5 amended: Gazette 11 Jun 2013 p. 2162 and 2164.]

reg 6Public authorities to which Part 5 does not apply (s. 27)

Part 5 of the Act does not apply to any public authority except to a public authority specified in Schedule 1.

reg 7Standards for disability access and inclusion plans (s. 28)

For the purposes of section 28(5) of the Act, the standards that a disability access and inclusion plan must meet are those specified in Schedule 2.

reg 8Information in reports about disability access and inclusion plans (s. 29)

For the purposes of section 29(4) of the Act, a report about a disability access and inclusion plan must include information relating to —

(a)

progress made by the relevant public authority and any agents and contractors of the relevant public authority in achieving the desired outcomes specified in Schedule 3; and

(b)

the strategies implemented by the relevant public authority to inform its agents and contractors of its disability access and inclusion plan.

reg 9Publication of disability access and inclusion plans (s. 29A)

For the purposes of section 29A, a public authority must publish its disability access and inclusion plan in a document that is made available —

(a)

on request, at the offices of the authority —

(i)

in an electronic format; and

(ii)

in hard copy format in both standard and large print; and

(iii)

in an audio format on cassette or compact disc;

and

(b)

on request, by email; and

(c)

on any website maintained by or on behalf of the authority,

and notice of which is given in a newspaper circulating throughout the State or, in the case of a local government, the district of that local government under the Local Government Act 1995.

reg 10Procedure for public consultation by authorities (s. 28)

(1)

For the purposes of section 28(10) of the Act, a public authority is to undertake consultation in relation to its disability access and inclusion plan by calling for submissions either generally or specifically —

(a)

by notice in a newspaper circulating throughout the State or, in the case of a local government, the district of that local government under the Local Government Act 1995; and

(b)

on any website maintained by or on behalf of the public authority.

(2)

Nothing in subregulation (1) prevents a public authority from also undertaking any other consultation.

[Regulation 10 amended: Gazette 11 Jun 2013 p. 2162-3.]

reg 11Terms used

In this Part —

2017 expansion area means the area constituted as at 1 January 2017 by the local government districts of Bayswater, Bassendean, Chittering, Toodyay, York and Northam;

child means a person who has not reached 18 years of age;

Cockburn‑Kwinana area means the area constituted as at 1 July 2014 by the local government districts of Cockburn and Kwinana;

Kimberley‑Pilbara area means the area constituted as at 1 July 2017 by the local government districts of Ashburton, Broome, Derby‑West Kimberley, East Pilbara, Halls Creek, Karratha, Port Hedland and Wyndam‑East Kimberley;

Lower South West area means the area constituted as at 1 July 2014 by the local government districts of Augusta‑Margaret River, Boyup Brook, Bridgetown‑Greenbushes, Busselton, Donnybrook‑Balingup, Manjimup and Nannup;

Mandurah‑Rockingham area means the area constituted as at 1 July 2017 by the local government districts of Mandurah and Rockingham;

NDIS Act has the meaning given in section 26E of the Act;

participant has the meaning given in section 26E of the Act;

Perth Hills area means the area constituted as at 1 July 2017 by the local government districts of Kalamunda, Mundaring and Swan;

plan, in relation to a participant, has the meaning given in section 26I(1) of the Act;

Ranges area means the area constituted as at 1 October 2016 by the local government districts of Armadale, Murray and Serpentine‑Jarrahdale;

support has the meaning given in section 26I(1) of the Act;

trial has the meaning given in section 26E of the Act.

[Regulation 11 inserted: Gazette 30 Jun 2014 p. 2395; amended: Gazette 14 Jun 2016 p. 1821; 30 Dec 2016 p. 5970; 16 Jun 2017 p. 2931; 30 Jun 2017 p. 3560.]

Disability Services Regulations 2004

About this Act