{"id":"nsw:act-2014-041","name":"Disability Inclusion Act 2014","slug":"disability-inclusion-act-2014","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"41 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29794,"registerId":"nsw-act-2014-041-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"## Division 1 Introduction\n\nDivision 1 Introduction","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041).","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":3},{"sectionNumber":"Division 2","sectionType":"division","heading":"Objects and principles","content":"## Division 2 Objects and principles\n\nDivision 2 Objects and principles","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to acknowledge that people with disability have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights,\n> \n> > (b) to promote the independence and social and economic inclusion of people with disability,\n> \n> > (c) to enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports and services,\n> \n> > (d) to provide safeguards in relation to the delivery of supports and services for people with disability,\n> \n> > (e) to support, to the extent reasonably practicable, the purposes and principles of the United Nations Convention on the Rights of Persons with Disabilities,\n> \n> > (f) to provide for responsibilities of the State during and following the transition to the National Disability Insurance Scheme.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"General principles","content":"#### 4 General principles\n\n4 General principles\n\n> > (1) For the purposes of this Act, the disability principles relating to people with disability are the general principles set out in this section.\n> \n> > (2) People with disability have an inherent right to respect for their worth and dignity as individuals.\n> \n> > (3) People with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their skills and experience.\n> \n> > (4) People with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities.\n> \n> > (5) People with disability have the same rights as other members of the community to make decisions that affect their lives (including decisions involving risk) to the full extent of their capacity to do so and to be supported in making those decisions if they want or require support.\n> \n> > (6) People with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs.\n> \n> > (7) The right to privacy and confidentiality for people with disability is to be respected.\n> > \n> > Note—\n> > \n> > This principle does not affect the operation of Chapter 16A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157). The disability principles are principles that certain entities have regard to under this Act (see section 6).\n> \n> > (8) People with disability have the right to live free from neglect, abuse and exploitation.\n> \n> > (9) People with disability have the right to access information in a way that is appropriate for their disability and cultural background, and enables them to make informed choices.\n> \n> > (10) People with disability have the same right as other members of the community to pursue complaints.\n> \n> > (11) The crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected.\n> > \n> > Note—\n> > \n> > The NSW Carers Charter under the [Carers (Recognition) Act 2010](/view/html/inforce/current/act-2010-020) recognises the role and contribution of carers to our community and to the people they care for.\n> \n> > (12) The needs of children with disability as they mature, and their rights as equal members of the community, are to be respected.\n> \n> > (13) The changing abilities, strengths, goals and needs of people with disability as they age are to be respected.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Principles recognising the needs of particular groups","content":"#### 5 Principles recognising the needs of particular groups\n\n5 Principles recognising the needs of particular groups\n\n> > (1) For the purposes of this Act, the disability principles relating to people with disability also include the principles set out in this section.\n> \n> > (2) Supports and services provided to Aboriginal and Torres Strait Islander people with disability are to be provided in a way that—\n> > \n> > > (a) recognises that Aboriginal and Torres Strait Islander people have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters, and\n> > \n> > > (b) recognises that many Aboriginal and Torres Strait Islander people with disability may face multiple disadvantage, and\n> > \n> > > (c) addresses that disadvantage and the needs of Aboriginal and Torres Strait Islander people with disability, and\n> > \n> > > (d) is informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.\n> \n> > (3) Supports and services provided to people with disability from culturally and linguistically diverse backgrounds are to be provided in a way that—\n> > \n> > > (a) recognises that cultural, language and other differences may create barriers to providing the supports and services, and\n> > \n> > > (b) addresses those barriers and the needs of those people with disability, and\n> > \n> > > (c) is informed by consultation with their communities.\n> \n> > (4) Supports and services provided to women with disability are to be provided in a way that—\n> > \n> > > (a) recognises that women with disability may face multiple disadvantage and are potentially more vulnerable to risk of abuse or exploitation, and\n> > \n> > > (b) addresses that disadvantage and risk, and the needs of women with disability, and\n> > \n> > > (c) is informed by consultation with women with disability.\n> \n> > (5) Supports and services provided to children with disability are to be provided in a way that—\n> > \n> > > (a) recognises that a child with disability has the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life, and\n> > \n> > > (b) recognises that children are more vulnerable to risk of abuse or exploitation, and\n> > \n> > > (c) addresses that right and risk, and ensures the best interests of the child is the primary concern in making decisions affecting the child while also respecting the responsibilities, rights and duties of a parent or other person legally responsible for the child in relation to giving appropriate direction and guidance for the child’s welfare, and\n> > \n> > > (d) respects the views of the child with disability (having regard to the child’s age and maturity).\n> \n> > (5A) Supports and services provided to LGBTIQ+ people with disability are to be provided in a way that—\n> > \n> > > (a) addresses the needs of LGBTIQ+ people with disability, and\n> > \n> > > (b) is informed by consultation with LGBTIQ+ people with disability.\n> \n> > (6) This section does not impose an obligation on anyone to provide supports and services.\n> \n> **s 5:** Am 2022 No 35, Sch 1\\[1\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Having regard to disability principles","content":"#### 6 Having regard to disability principles\n\n6 Having regard to disability principles\n\n> A person exercising a function under this Act, or providing supports or services to people with disability in connection with the provision of financial assistance under Part 4, should have regard to the disability principles in the exercise of the function or the provision of the supports or services.\n> \n> **s 6:** Am 2022 No 35, Sch 1\\[2\\]; 2022 No 59, Sch 2.14.","sortOrder":8},{"sectionNumber":"Division 3","sectionType":"division","heading":"Interpretation","content":"## Division 3 Interpretation\n\nDivision 3 Interpretation","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n7 Definitions\n\n> > (1) In this Act—\n> > \n> > carer means a carer within the meaning of the [Carers (Recognition) Act 2010](/view/html/inforce/current/act-2010-020).\n> > \n> > Department means the Department of Communities and Justice.\n> > \n> > disability, in relation to a person, includes a long-term physical, psychiatric, intellectual or sensory impairment that, in interaction with various barriers, may hinder the person’s full and effective participation in the community on an equal basis with others.\n> > \n> > Disability Council—see section 15 (1).\n> > \n> > disability inclusion action plan—see section 12 (1).\n> > \n> > disability principles—see sections 4 and 5.\n> > \n> > disability service standards—see section 20 (1).\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > government department means a Department of the Public Service listed in Part 1 of Schedule 1 to the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > National Disability Insurance Scheme means the National Disability Insurance Scheme under the [National Disability Insurance Scheme Act 2013](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > NDIS arrangements has the meaning it has in the [National Disability Insurance Scheme (NSW Enabling) Act 2013](/view/html/inforce/current/act-2013-104).\n> > \n> > public authority means all of the following—\n> > \n> > > (a) a government department,\n> > \n> > > (b) a local council,\n> > \n> > > (c) another entity prescribed by the regulations to be a public authority for the purposes of this definition.\n> > \n> > Secretary means the Secretary of the Department.\n> > \n> > service includes a service consisting of the supply of goods, whether or not provided with other services.\n> > \n> > State Disability Inclusion Plan—see section 10 (1).\n> > \n> > supports means assistance provided to a person with disability to do one or more of the following—\n> > \n> > > (a) to help the person undertake his or her day to day activities,\n> > \n> > > (b) to increase the person’s independence,\n> > \n> > > (c) to facilitate the person’s social and economic inclusion in the community.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 7:** Am 2022 No 35, Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Disability planning","content":"# Part 2 Disability planning\n\nPart 2 Disability planning","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Purpose of Part","content":"#### 8 Purpose of Part\n\n8 Purpose of Part\n\n> The purpose of this Part is to provide for—\n> \n> > (a) the making of a plan setting out a co-ordinated whole of government approach to creating a more inclusive community in which mainstream services and community facilities are accessible to people with disability to help them achieve their full potential, and\n> \n> > (b) the making of other plans setting out specific measures public authorities are to put in place in relation to people with disability.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Guidelines","content":"#### 9 Guidelines\n\n9 Guidelines\n\n> > (1) The Secretary may issue guidelines to assist public authorities to prepare a disability inclusion action plan.\n> \n> > (2) The Secretary must publish the guidelines on the Department’s website.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Requirement for State Disability Inclusion Plan","content":"#### 10 Requirement for State Disability Inclusion Plan\n\n10 Requirement for State Disability Inclusion Plan\n\n> > (1) The Department must, from the day prescribed by the regulations, prepare and make a State plan (the State Disability Inclusion Plan) that—\n> > \n> > > (a) sets out whole of government goals that support the inclusion in the community of people with disability and improve access to mainstream services and community facilities by people with disability, and\n> > \n> > > (b) provides for collaboration and co-ordination among government departments, local councils and other entities in the provision of supports and services.\n> \n> > (2) In preparing the State Disability Inclusion Plan, the Department must consult with—\n> > \n> > > (a) people with disability, and\n> > \n> > > (b) the Disability Council, and\n> > \n> > > (c) disability advocacy organisations.\n> \n> > (3) The Minister is to table a copy of the State Disability Inclusion Plan in each House of Parliament as soon as practicable after the day prescribed under subsection (1).\n> \n> > (4) The State Disability Inclusion Plan must not form part of another document.\n> \n> > (5) The Minister is to make the State Disability Inclusion Plan publicly available.\n> \n> > (6) The Minister must make the State Disability Inclusion Plan available in one or more formats accessible to people with disability.\n> \n> **s 10:** Am 2022 No 35, Sch 1\\[4\\]–\\[7\\].","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Review and remake of plan","content":"#### 11 Review and remake of plan\n\n11 Review and remake of plan\n\n> > (1) The Minister is to review the State Disability Inclusion Plan before the end of each 4-year period after the day the Department is required to prepare and make the State Disability Inclusion Plan.\n> \n> > (2) The purpose of the review is to ensure that the whole of government goals set out in the State Disability Inclusion Plan continue to support the inclusion in the community of people with disability and to improve access to mainstream services and community facilities by people with disability.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as practicable after it is completed.\n> \n> > (4) Within 12 months after the tabling of the report, and having taken into account the recommendations made in the report, the Department must remake the State Disability Inclusion Plan, with or without variations.\n> \n> > (5) Section 10 applies to the remaking of the State Disability Inclusion Plan in the same way it applies to the making of the State Disability Inclusion Plan.\n> \n> **s 11:** Am 2022 No 35, Sch 1\\[8\\]–\\[10\\].","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Requirement for disability inclusion action plans","content":"#### 12 Requirement for disability inclusion action plans\n\n12 Requirement for disability inclusion action plans\n\n> > (1) Each public authority must, from the day prescribed by the regulations, prepare and make a plan (a disability inclusion action plan) setting out the measures it intends to put in place (in connection with the exercise of its functions) so that people with disability can access general supports and services available in the community, and can participate fully in the community.\n> \n> > (2) In preparing its disability inclusion action plan, a public authority—\n> > \n> > > (a) must consult with people with disability and have regard to any guidelines issued under section 9, and\n> > \n> > > (b) may consult with individuals or other entities the authority considers appropriate, including the Disability Council.\n> \n> > (3) A disability inclusion action plan must—\n> > \n> > > (a) specify how the public authority proposes to have regard to the disability principles in its dealings with matters relating to people with disability, and\n> > \n> > > (b) include strategies to support people with disability, including, for example, strategies about the following—\n> > > \n> > > > (i) providing access to buildings, events and facilities,\n> > > \n> > > > (ii) providing access to information,\n> > > \n> > > > (iii) accommodating the specific needs of people with disability,\n> > > \n> > > > (iv) supporting employment of people with disability,\n> > > \n> > > > (v) encouraging and creating opportunities for people with disability to access the full range of services and activities available in the community, and\n> > \n> > > (c) include details of the authority’s consultation about the plan with people with disability, and\n> > \n> > > (d) explain how the plan supports the goals of the State Disability Inclusion Plan, and\n> > \n> > > (e) include any other matters prescribed by the regulations.\n> \n> > (4) A disability inclusion action plan may be a document or part of a document prepared for another purpose if the Secretary is satisfied the document or part fulfils the requirements of subsections (1) and (3).\n> \n> > (5) A public authority must, as soon as practicable after the day it is required to prepare and make a disability inclusion action plan—\n> > \n> > > (a) give a copy of the plan to the Disability Council, and\n> > \n> > > (b) make the plan publicly available, and\n> > \n> > > (c) make the plan available in one or more formats accessible to people with disability.\n> \n> **s 12:** Am 2022 No 35, Sch 1\\[11\\]–\\[13\\].","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Report on implementation of plans","content":"#### 13 Report on implementation of plans\n\n13 Report on implementation of plans\n\n> > (1) A public authority that is a government department or local council must, as soon as practicable after preparing its annual report, give the Minister a copy of the part of the annual report relating to the department’s or council’s report on the implementation of its disability inclusion action plan.\n> \n> > (2) A public authority that is not a government department or local council must, as soon as practicable after the end of each financial year, give the Minister a report relating to the authority’s implementation of its disability inclusion action plan during the financial year.\n> \n> > (3) The Minister is to table a report about the implementation of disability inclusion action plans in each House of Parliament as soon as practicable after the end of each financial year.\n> \n> > (4) In this section—\n> > \n> > annual report means—\n> > \n> > > (a) of a government department—its annual reporting information under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), and\n> > \n> > > (b) of a local council—its annual report under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **s 13:** Am 2018 No 70, Sch 4.25.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Review and remake of plans","content":"#### 14 Review and remake of plans\n\n14 Review and remake of plans\n\n> > (1) A public authority must review its disability inclusion action plan before the end of each 4-year period after the day the authority is required to prepare and make the disability inclusion action plan.\n> \n> > (2) The purpose of the review is to ensure the disability inclusion action plan fulfils the requirements of section 12 (1) and (3).\n> \n> > (3) In reviewing its disability inclusion action plan, the public authority must consult with people with disability and have regard to any guidelines issued under section 9.\n> \n> > (4) Within 12 months after the completion of the review, and having taken into account the recommendations made in the review, the public authority must remake the disability inclusion action plan, with or without variations.\n> \n> > (5) Section 12 applies to the remaking of the disability inclusion action plan in the same way it applies to the making of the disability inclusion action plan.\n> \n> **s 14:** Am 2022 No 35, Sch 1\\[14\\]–\\[16\\].","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Disability Council NSW","content":"# Part 3 Disability Council NSW\n\nPart 3 Disability Council NSW","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Continuation of Disability Council of New South Wales","content":"#### 15 Continuation of Disability Council of New South Wales\n\n15 Continuation of Disability Council of New South Wales\n\n> > (1) The former council is continued in existence under the name Disability Council NSW (the Disability Council).\n> \n> > (2) In this section—\n> > \n> > former council means the Disability Council of New South Wales established under section 16 of the [Community Welfare Act 1987](/view/html/inforce/current/act-1987-052).","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Membership","content":"#### 16 Membership\n\n16 Membership\n\n> > (1) The Disability Council consists of at least 8 but not more than 12 persons appointed by the Governor.\n> \n> > (2) The members of the Disability Council must include—\n> > \n> > > (a) members of, or persons employed by, organisations concerned especially with the interests of people with disability, and\n> > \n> > > (b) other persons with appropriate skills and experience in matters relevant to the interests of people with disability.\n> \n> > (3) The majority of members of the Disability Council must be people with disability.\n> \n> > (4) There is to be a chairperson and a deputy chairperson of the Disability Council.\n> \n> > (5) The chairperson is the member who—\n> > \n> > > (a) is a person with disability, and\n> > \n> > > (b) has the qualifications or experience, and is appointed in the way, prescribed by the regulations.\n> \n> > (6) The deputy chairperson is the member appointed as the deputy chairperson in the way prescribed by the regulations.\n> \n> > (7) Schedule 1 contains provisions relating to the membership and procedure of the Disability Council.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Functions","content":"#### 17 Functions\n\n17 Functions\n\n> > (1) The Disability Council has the following functions—\n> > \n> > > (a) to monitor the implementation of government policy in relation to people with disability and their families,\n> > \n> > > (b) to advise the Minister on emerging issues relating to people with disability,\n> > \n> > > (c) to advise public authorities about the content and implementation of disability inclusion action plans,\n> > \n> > > (d) to advise the Minister about the content and implementation of the State Disability Inclusion Plan and disability inclusion action plans,\n> > \n> > > (e) to promote the inclusion of people with disability in the community,\n> > \n> > > (f) to promote community awareness of matters concerning the interests of people with disability and their families,\n> > \n> > > (g) to consult with the National People with Disabilities and Carer Council and other similar bodies,\n> > \n> > > (h) to consult with people with disability and undertake research about matters relating to people with disability,\n> > \n> > > (i) any other functions prescribed by the regulations.\n> \n> > (2) For the purpose of exercising its functions, the Disability Council may request information or advice from any public authority.\n> \n> > (3) A public authority to which a request for information or advice is made is authorised to comply with the request.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Assistance to Disability Council","content":"#### 18 Assistance to Disability Council\n\n18 Assistance to Disability Council\n\n> The Minister may give assistance, including financial assistance, to the Disability Council to ensure the proper exercise of its functions.","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Reporting requirements","content":"#### 19 Reporting requirements\n\n19 Reporting requirements\n\n> > (1) The Disability Council must, if required by the Minister, give the Minister a report about the exercise of its functions.\n> \n> > (2) The report must include information about the matters directed by the Minister.\n> \n> > (3) The report may contain other information or advice the Disability Council considers appropriate.","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Service standards and financial assistance","content":"# Part 4 Service standards and financial assistance\n\nPart 4 Service standards and financial assistance\n\n**pt 4:** Subst 2022 No 35, Sch 1\\[17\\].","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Disability service standards","content":"#### 20 Disability service standards\n\n20 Disability service standards\n\n> > (1) The regulations may make provision for or about standards (disability service standards) relating to the provision of supports and services for people with disability to improve the quality and effectiveness of the supports and services.\n> \n> > (2) The Secretary must make the disability service standards publicly available.\n> \n> **s 20:** Subst 2022 No 35, Sch 1\\[17\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Financial assistance to promote objects of Act","content":"#### 21 Financial assistance to promote objects of Act\n\n21 Financial assistance to promote objects of Act\n\n> > (1) The Secretary may provide financial assistance to a government department, local council or another entity for the purpose of promoting the objects of this Act.\n> \n> > (2) The financial assistance may be provided, as the Secretary considers appropriate—\n> > \n> > > (a) subject to conditions or unconditionally, and\n> > \n> > > (b) in relation to a particular matter.\n> \n> **s 21:** Subst 2022 No 35, Sch 1\\[17\\].","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Secretary may require information","content":"#### 22 Secretary may require information\n\n22 Secretary may require information\n\n> > (1) This section applies if the Secretary reasonably believes a person receiving, or seeking to receive, financial assistance under section 21 has information or a document in the person’s possession or control relating to—\n> > \n> > > (a) the provision of the financial assistance, or\n> > \n> > > (b) obtaining or providing supports or services with the financial assistance, or\n> > \n> > > (c) compliance with an agreement entered into with the Secretary in relation to the financial assistance.\n> \n> > (2) The Secretary may, by notice given to the person, require the person to give the information or document to the Secretary.\n> \n> > (3) The notice must specify—\n> > \n> > > (a) the nature of the information or document, and\n> > \n> > > (b) how the person must give the information or document, and\n> > \n> > > (c) the reasonable period, of at least 14 days, within which the information or document must be given.\n> \n> > (4) The person must comply with the notice.\n> \n> Note—\n> \n> It is an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 307B to give false or misleading information to a person exercising a power, authority, duty or function under, or in connection with, a law of the State.\n> \n> **s 22:** Subst 2022 No 35, Sch 1\\[17\\].","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Protection from liability for giving information","content":"#### 23 Protection from liability for giving information\n\n23 Protection from liability for giving information\n\n> If a person, acting in good faith, gives information or a document in accordance with a requirement under section 22, the person—\n> \n> > (a) is not liable to civil or criminal action for giving the information or document, and\n> \n> > (b) cannot be held to have breached a code of professional etiquette or ethics or departed from accepted standards of professional conduct as a result of giving the information or document.\n> \n> **s 23:** Subst 2022 No 35, Sch 1\\[17\\].","sortOrder":32},{"sectionNumber":"Part 5","sectionType":"part","heading":null,"content":"# Part 5\n\nPart 5\n\n24–41 (Repealed)\n\n**pt 5:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 24:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 25:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 26:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 27:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 28:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 29:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 30:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 31:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 32:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 33:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 34:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 35:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 36:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 37:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 38:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 39:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 40:** Rep 2022 No 35, Sch 1\\[17\\].\n\n**s 41:** Rep 2022 No 35, Sch 1\\[17\\].","sortOrder":33},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":34},{"sectionNumber":"42","sectionType":"section","heading":"Act to bind Crown","content":"#### 42 Act to bind Crown\n\n42 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":35},{"sectionNumber":"43","sectionType":"section","heading":"Delegations","content":"#### 43 Delegations\n\n43 Delegations\n\n> > (1) The Minister may delegate to the Secretary any of the Minister’s functions under this Act, other than this power of delegation.\n> \n> > (2) The Secretary may delegate to an appropriately qualified employee of the Department any of the Secretary’s functions under this Act.\n> \n> > (3) However, the Secretary may delegate a function delegated to the Secretary under subsection (1) only if authorised in writing to do so by the Minister.","sortOrder":36},{"sectionNumber":"44","sectionType":"section","heading":"Proceedings for offence","content":"#### 44 Proceedings for offence\n\n44 Proceedings for offence\n\n> Proceedings for an offence under this Act may be dealt with summarily before the Local Court.","sortOrder":37},{"sectionNumber":"45","sectionType":"section","heading":"Disclosure of information","content":"#### 45 Disclosure of information\n\n45 Disclosure of information\n\n> A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act, or\n> \n> > (c) for the purposes of legal proceedings arising out of this Act or of any report of the proceedings, or\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Maximum penalty—50 penalty units.","sortOrder":38},{"sectionNumber":"46","sectionType":"section","heading":"Protection from personal liability","content":"#### 46 Protection from personal liability\n\n46 Protection from personal liability\n\n> A matter or thing done or omitted to be done by the Minister or another person does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Minister or person so acting personally to any action, liability, claim or demand.","sortOrder":39},{"sectionNumber":"47","sectionType":"section","heading":"Sections 3–6 do not give rise to or affect a cause of action","content":"#### 47 Sections 3–6 do not give rise to or affect a cause of action\n\n47 Sections 3–6 do not give rise to or affect a cause of action\n\n> > (1) Nothing in sections 3–6 nor in any application of those sections by this Act gives rise to, or can be taken into account in, any civil cause of action.\n> \n> > (2) (Repealed)\n> \n> **s 47:** Am 2022 No 35, Sch 1\\[18\\].","sortOrder":40},{"sectionNumber":"48","sectionType":"section","heading":null,"content":"#### 48\n\n48 (Repealed)","sortOrder":41},{"sectionNumber":"49","sectionType":"section","heading":"Regulations","content":"#### 49 Regulations\n\n49 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":43},{"sectionNumber":"50","sectionType":"section","heading":null,"content":"#### 50\n\n50 (Repealed)","sortOrder":44},{"sectionNumber":"51","sectionType":"section","heading":"Review of Act","content":"#### 51 Review of Act\n\n51 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 4 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years.","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Disability Council","content":"# Schedule 1 Provisions relating to Disability Council\n\nSchedule 1 Provisions relating to Disability Council\n\n(Section 16 (7))","sortOrder":47},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedules 2, 3 (Repealed)\n\n**sch 2:** Rep 2022 No 35, Sch 1\\[20\\].\n\n**sch 3:** Rep 2022 No 35, Sch 1\\[20\\].","sortOrder":62},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n**sch 4:** Am 2022 No 35, Sch 1\\[21\\].","sortOrder":63},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5 (Repealed)\n\n**sch 5:** Rep 1987 No 15, sec 30C.","sortOrder":78}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act has been amended several times (notably in 2022 and 2023) but appears to have retained its original purpose of promoting disability inclusion through government planning obligations in NSW. There is no evidence from the metadata provided that the scope has materially shifted from its original intent. The responsible minister remains the Minister for Disability Inclusion, consistent with the Act's original focus."},"complexity_factors":["The document provided is metadata/navigation only — the substantive legal text of the Act is not present, limiting full analysis","The Act itself involves multiple layers of government obligation (state agencies, local councils, service providers), which adds structural complexity","Interaction with federal disability discrimination law (Disability Discrimination Act 1992) creates a dual-framework that affected parties must navigate","Multiple amendments since enactment (2014, 2022, 2023) mean readers must identify which version applies to their situation","Planning obligations (action plans) are largely procedural rather than rights-conferring, which can make enforcement pathways unclear for individuals","Broad and somewhat subjective concepts like 'inclusion' and 'participation' can create uncertainty about compliance benchmarks"],"plain_english_summary":"## NSW Disability Inclusion Act 2014\n\nThis is a **New South Wales** law designed to promote the inclusion and participation of people with disability in all aspects of community life.\n\n### What does it do?\nThe Act creates a framework requiring NSW government agencies and public authorities to actively work toward including people with disability — rather than simply avoiding discrimination. Key elements typically include:\n- A **NSW Disability Inclusion Plan** (a whole-of-government strategy setting disability inclusion goals)\n- Requirements for government agencies and councils to create their own **Disability Inclusion Action Plans** (practical roadmaps showing how they'll remove barriers and improve access)\n- Recognition of the rights of people with disability to participate fully in society\n\n### Who does it affect?\n- **People with disability** in NSW — they benefit from better access to government services, employment, community spaces, and decision-making\n- **NSW government agencies** — required to develop and implement inclusion action plans\n- **Local councils** — also required to have their own plans\n- **Disability service providers** operating in NSW\n\n### Why does it matter?\nThis law goes beyond simply banning discrimination (which other laws like the federal *Disability Discrimination Act 1992* already do). It **proactively requires** government bodies to plan for and demonstrate meaningful inclusion. If you have a disability, this law is meant to ensure public bodies are actively working to remove barriers in your daily life — whether that's accessing a government office, getting a job in the public sector, or participating in your local community.\n\n### Important note\nThis is a **metadata/status page only** — the actual provisions (sections and rules) of the Act are not included in the text provided. The analysis above reflects what this Act is generally known to contain based on its title, responsible minister, and legislative history."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as contained includes substantive amendments and repeals introduced by later instruments. Notable scope changes in the text supplied include: substitution of Part 4 to focus on disability service standards and a structured financial assistance power (s 20; s 21) (see note 'pt 4: Subst 2022 No 35, Sch 1[17]'); repeal of Part 5 (ss 24–41 repealed) (pt 5: Rep 2022 No 35, Sch 1[17]); transitional provisions preserving existing financial assistance and notices under the repealed provisions to continue under the new sections (Schedule 4, Part 3, cls 8–9); and a targeted change that accessible-format publication requirements for plans apply only to plans made or remade after the 2022 amendment commencement date (Schedule 4, cl 10). These amendments reframe funding and standards powers toward the Secretary/Minister (ss 20–22) and remove or relocate earlier provisions (see multiple 'Rep 2022 No 35' notes), so the operational scope and enforcement pathways differ from the earlier text and rely more on delegated instruments (ss 9, 20, 21, 49)."},"complexity_factors":["Multiple interlocking planning and reporting obligations across levels of public authorities (ss 10, 12, 13, 14)","Delegated detail and standards left to regulations and Secretary guidelines (ss 9, 20, 49)","Discretionary executive powers over funding, conditionality and information requirements (ss 21–22)","Cross-references to other statutes and transitional continuity with repealed Act (s 7 definitions; Schedule 4)","Statutory creation and governance of an advisory body with information powers (ss 15–19; Schedule 1)","Legal limits on enforceability of principles (s 47) combined with administrative obligations (s 6)","Confidentiality rules and penalties balanced by protections for good-faith disclosures (ss 23, 45)","Delegation and delegation constraints between Minister and Secretary (s 43)","Periodic review and remake cycles that impose ongoing compliance planning (ss 11, 14)","Several repealed and amended sections creating transitional complexity (Schedule 4, Part 3)"],"plain_english_summary":"What this law does (mechanically)\n\n- Sets out an organising framework for disability inclusion in New South Wales: it requires a whole-of-government State Disability Inclusion Plan (s 10) and requires each public authority (government departments, local councils and any entity prescribed by regulation) to prepare a disability inclusion action plan describing how it will make mainstream supports and services accessible to people with disability (s 7 definition of public authority; s 12).  \n\n- Establishes minimum procedural requirements for those plans: consultation with people with disability and with the Disability Council, publication and accessible-format availability, periodic review and remaking every 4 years, and reporting on implementation (ss 9–14).  \n\n- Creates Disability Council NSW, sets its membership rules (majority people with disability), appointment, functions (monitoring, advising, promoting inclusion, requesting information) and reporting arrangements (ss 15–19; Schedule 1).  \n\n- Authorises the Secretary to issue guidelines to help public authorities prepare action plans (s 9), and allows the Governor to make regulations to give effect to the Act (s 49).  \n\n- Provides for disability service standards to be made in regulation and published by the Secretary (s 20).  \n\n- Allows the Secretary to provide financial assistance to departments, councils or other entities to promote the Act’s objects; assistance can be conditional (s 21). The Secretary may require recipients to produce information or documents relating to the assistance, with at least 14 days to comply (s 22); persons who provide information in good faith are protected from civil or professional liability for doing so (s 23).  \n\n- Includes governance and administrative provisions: Crown binding (s 42), delegation powers for Minister and Secretary (s 43), confidentiality and a penalty for improper disclosure (s 45), protection from personal liability for officials acting in good faith (s 46), and a rule that the principles and objects in ss 3–6 do not create a private cause of action (s 47).  \n\nWho this affects\n\n- People with disability: the Act sets principles recognising rights and needs, and requires plans and standards intended to increase access to mainstream services and inclusion (ss 3–6; s 10).  \n\n- Public authorities: must prepare, publish, make accessible, review and report on disability inclusion action plans (s 12; ss 13–14).  \n\n- Disability Council NSW: has statutory functions to monitor, advise and consult, and can request information from public authorities (ss 15–19).  \n\n- Entities receiving financial assistance from the Secretary (which can include non-government entities): subject to conditions and information requirements (ss 21–23).  \n\nWhy the Act exists (expressed purpose) and how that maps to mechanisms\n\n- The Act states its purpose is to acknowledge equal human rights for people with disability, promote independence and social and economic inclusion, enable choice and control, provide safeguards for supports, and support the UN Convention on the Rights of Persons with Disabilities (s 3).  \n\n- Mechanically, the Act pursues those purposes by: imposing planning, consultation and reporting obligations on public authorities (ss 10–14); creating a specialist advisory/monitoring body (Disability Council) (ss 15–19); enabling standards via regulation (s 20); and funding targeted activities via financial assistance (s 21).  \n\nCosts, incentives, trade-offs and implementation risks (concrete mechanisms)\n\n- Compliance costs and administrative burden: public authorities must prepare plans, consult, publish in accessible formats and report annually or each financial year on implementation (s 12(1)–(5); s 13). Plans must be reviewed and remade every 4 years (s 14). These duties require staff time and possibly procurement of accessibility services.  \n\n- Financial mitigation and conditionality: the Secretary can provide financial assistance to promote the Act’s objects (s 21). That reduces net cost to recipients but creates an incentive to seek funding and accept any attached conditions; the Secretary may impose conditions (s 21(2)).  \n\n- Oversight and information powers: the Secretary may require recipients of financial assistance to produce specified information or documents within a reasonable period of at least 14 days (s 22). The Disability Council may also request information from public authorities and those authorities are authorised to comply (s 17(2)–(3)). These powers enable monitoring but create additional compliance tasks for recipients.  \n\n- Discretion concentrated in executive actors: the Secretary and Minister have broad powers to issue guidelines (s 9), provide assistance (s 21), require information (s 22), delegate functions (s 43) and make or remake plans (ss 10–11). Regulations may prescribe further obligations or exempt entities (s 49). The scope and detail of obligations therefore depend heavily on delegated instruments and Secretary/Minister decisions.  \n\n- Legal enforceability and limits: the statutory principles (ss 3–6) are to be “had regard to” (s 6) but the Act expressly states those principles do not give rise to a civil cause of action (s 47(1)). Practical effect is that obligations are administrative and policy-based rather than directly privately enforceable in civil proceedings.  \n\n- Confidentiality and information protections: disclosure of information obtained under the Act is prohibited except in specified circumstances (s 45) with a maximum penalty of 50 penalty units; conversely, persons who give information in compliance with s 22 in good faith are protected from civil or professional liability (s 23).  \n\nEffects on private enterprise, contracts and markets (what the Act does and does not do)\n\n- Direct obligations are primarily on public authorities (s 12). The Act does not directly regulate private commercial pricing, competition or ownership.  \n\n- Indirect effects arise where private entities receive financial assistance (s 21): they become subject to conditions and information requirements (ss 21–22) which may affect contractual arrangements and reporting costs.  \n\n- Disability service standards may be made by regulation (s 20). If regulators tie those standards into procurement or funding, service providers (including private providers) could face compliance costs to meet standards; the Act itself leaves those specifics to regulation rather than prescribing them in primary legislation.  \n\nConcentrated benefits, diffuse costs and capture risk (mechanisms to watch)\n\n- Concentrated benefits: entities that receive targeted financial assistance will get direct funding (s 21).  \n\n- Diffuse costs: the administrative cost of planning and reporting falls across many public authorities and may require budget or reallocation of existing staff time (s 12; s 14).  \n\n- Capture or discretion risk: because many operational details depend on the Secretary’s guidelines, the Minister’s directions and regulations (ss 9, 21, 49), the shape of obligations and distribution of funding depends substantially on executive choices. That concentrates design and eligibility decisions in government instruments rather than fixed statutory rules.  \n\nKey implementation timings and transitional rules\n\n- The Act comes into force on days appointed by proclamation (s 2).  \n\n- The Department must prepare the State plan from the day prescribed by regulation (s 10(1)).  \n\n- Transitional provisions preserve existing financial assistance and agreements from the repealed Act as continued under this Act, subject to conditions and limited transitional application of certain probity provisions (Schedule 4, cls 3–4).  \n\nWhat to look for in practice\n\n- The content of regulations and Secretary guidelines (s 9; s 49) — they will determine how prescriptive standards and plan requirements become.  \n\n- How the Secretary uses financial assistance (s 21) and the conditions attached (s 21(2)) — this affects incentives for non-government providers.  \n\n- Publication and accessibility of the State plan and action plans (s 10(5)–(6); s 12(5)(b)–(c)) and the extent to which those plans are aligned across agencies (ss 10, 12(3)(d)).  \n\n- The interplay between administrative monitoring (s 22) and confidentiality protections (ss 23, 45), and the practical cost of meeting reporting and review cycles (ss 11, 14)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2014 form. The 2022 amendments substantially narrowed the operational scope by repealing all of Part 5 (which contained detailed provisions about service providers, probity checks, and individual funding agreements) and replacing it with a streamlined Part 4 focused on broad financial assistance powers and service standards. This reflects a shift from direct service provision regulation to a framework more focused on systemic inclusion planning and NDIS transition support. The addition of LGBTIQ+ specific principles (section 5(5A)) also expanded the protected groups beyond the original Aboriginal, CALD, women and children categories."},"complexity_factors":["Moderate length with clear structure (6 Parts plus Schedules), but includes substantial transitional provisions","18 defined terms in section 7, including cross-references to other Acts (Carers Act, NDIS legislation, Government Sector Employment Act)","Multiple amendment notes throughout indicating evolutionary changes, particularly the 2022 overhaul that repealed all of Part 5 (sections 24-41) and substituted Part 4","Nested consultation requirements (must consult with people with disability, Disability Council, and advocacy organisations for various plans)","Conditional logic in plan preparation (e.g., disability inclusion action plans 'may' be part of another document if Secretary satisfied)","Transitional provisions in Schedule 4 preserve old agreements, memberships, and financial arrangements across three different legislative eras (1993 Act, 2014 Act, and 2022 amendments)","Specific carve-outs and notes (e.g., section 47 clarifies that objects/principles don't create legal causes of action; privacy principle doesn't affect child protection reporting)"],"plain_english_summary":"This is the **Disability Inclusion Act 2014** (NSW), a law designed to make New South Wales more accessible and inclusive for people with disability.\n\n**What it does:**\n- **Recognises rights**: Acknowledges that people with disability have the same human rights as everyone else and that the government has a responsibility to help them exercise those rights.\n- **Promotes inclusion**: Aims to help people with disability participate fully in social and economic life, make their own choices, and live free from abuse or neglect.\n- **Requires planning**: Makes the NSW Government and public authorities (like government departments and local councils) create detailed plans showing how they will improve access to buildings, services, information, and employment for people with disability.\n- **Sets up oversight**: Continues the **Disability Council NSW**—a body mostly made up of people with disability that monitors government policy and advises on disability issues.\n- **Provides funding**: Allows the government to give financial assistance to organisations that support people with disability, subject to conditions.\n\n**Who it affects:**\n- **People with disability**—the primary beneficiaries, with specific protections for Aboriginal and Torres Strait Islander people, culturally diverse communities, women, children, and LGBTIQ+ people.\n- **Public authorities**—government departments, local councils, and other prescribed entities that must create and report on disability inclusion action plans.\n- **Service providers**—organisations receiving government funding to provide supports and services.\n\n**Why it matters:**\nThis Act shifts from a \"charity\" model to a **rights-based approach**, aligning with the UN Convention on the Rights of Persons with Disabilities. It requires tangible action (plans, reporting, consultation) rather than just good intentions, and ensures people with disability have a voice in decisions affecting them.\n\n**Key recent changes (2022):**\n- Added specific protections for **LGBTIQ+ people with disability**.\n- Streamlined the financial assistance and service standards provisions.\n- Repealed detailed service provider regulations (moved to simpler framework).\n- Added requirements for plans to be available in **accessible formats** (like Easy Read or Braille)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-act-2014","history":"/api/acts/disability-inclusion-act-2014/history","analysis":"/api/acts/disability-inclusion-act-2014/analysis","conflicts":"/api/acts/disability-inclusion-act-2014/conflicts","importantCases":"/api/acts/disability-inclusion-act-2014/important-cases","documents":"/api/acts/disability-inclusion-act-2014/documents"}}