{"id":"nsw:sl-2023-0439","name":"Disability Inclusion Regulation 2023","slug":"disability-inclusion-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"439 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175928,"registerId":"nsw-nsw:sl-2023-0439-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Disability Inclusion Regulation 2023](/view/html/inforce/current/sl-2023-0439).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2023.\n> \n> Note—\n> \n> This regulation replaces the [Disability Inclusion Regulation 2014](/view/html/repealed/current/sl-2014-0751), which is repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “public authority”—the Act, s 7","content":"#### 4 Definition of “public authority”—the Act, s 7\n\n4 Definition of “public authority”—the Act, s 7\n\n> For the Act, section 7(1), definition of public authority, paragraph (c), the following entities are prescribed—\n> \n> > (a) Australian Museum Trust,\n> \n> > (b) Destination NSW,\n> \n> > (c) Library Council of New South Wales.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Day from which certain public authorities must prepare and make disability inclusion action plans—the Act, s 12","content":"#### 5 Day from which certain public authorities must prepare and make disability inclusion action plans—the Act, s 12\n\n5 Day from which certain public authorities must prepare and make disability inclusion action plans—the Act, s 12\n\n> For the Act, section 12(1), the prescribed day is the day that is 6 months after—\n> \n> > (a) for a government department or a local council established after the commencement of this regulation—the day on which the department or council is established, or\n> \n> > (b) for an entity prescribed as a public authority under the Act, section 7(1), definition of public authority, paragraph (c) after the commencement of this regulation—the day on which the entity is prescribed.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of chairperson and deputy chairperson of Disability Council—the Act, s 16","content":"#### 6 Appointment of chairperson and deputy chairperson of Disability Council—the Act, s 16\n\n6 Appointment of chairperson and deputy chairperson of Disability Council—the Act, s 16\n\n> > (1) For the Act, section 16(5)(b), the Minister must, by written instrument, appoint a member of the Disability Council as the chairperson of the Council.\n> \n> > (2) For the Act, section 16(6), the Minister must, by written instrument, appoint a member of the Disability Council as the deputy chairperson of the Council.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Saving","content":"#### 7 Saving\n\n7 Saving\n\n> An act, matter or thing that, immediately before the repeal of the [Disability Inclusion Regulation 2014](/view/html/repealed/current/sl-2014-0751), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2014 instrument (s 2) but contains a saving clause that continues existing effects (s 7). Its content is largely procedural: it specifies named public authorities (s 4), sets commencement and a six‑month deadline for newly established/prescribed bodies to prepare disability inclusion action plans (s 2, s 5), and prescribes how the Minister appoints the Disability Council’s chair and deputy (s 6). No broad expansion of substantive obligations beyond the Act is evident on the face of the regulation."},"complexity_factors":["Short, focused instrument with few operative clauses (overall brevity reduces complexity).","Cross-references to the Disability Inclusion Act 2014 and Interpretation Act 1987 create dependency on external definitions and duties (see s 3).","Prescribes named entities as public authorities, which has legal consequence for duties under the Act (see s 4).","Imposes a specific compliance deadline for newly established or newly prescribed bodies to prepare action plans (6 months) — administrative compliance burden (see s 5).","Specifies ministerial administrative procedure (appointment by written instrument) rather than substantive decision-making criteria (see s 6).","Contains a saving clause preserving existing effects from the repealed 2014 regulation, which affects transitional interpretation (see s 7)."],"plain_english_summary":"Starting 1 September 2023, this regulation replaces the 2014 instrument and continues its legal effects. It names three bodies as public authorities (Australian Museum Trust; Destination NSW; Library Council of New South Wales), requires newly established departments, councils and newly prescribed bodies to prepare disability inclusion action plans within six months, requires the Minister to appoint the Disability Council’s chair and deputy by written instrument, and preserves prior regulation effects."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow, technical purpose of supporting the Disability Inclusion Act 2014. It prescribes specific entities, sets procedural deadlines, and establishes appointment mechanisms—all consistent with the original intent of enabling the primary legislation."},"complexity_factors":["Only 7 sections total","Minimal defined terms (just 'the Act')","No nested exceptions or complex conditional logic","Straightforward cross-references to parent Act (Disability Inclusion Act 2014)","Simple saving provision (section 7) with no temporal complexities","Prescriptive rather than discretionary provisions"],"plain_english_summary":"This regulation is a short, technical piece of New South Wales law that supports the main Disability Inclusion Act 2014. It does four main things:\n\n**1. Names specific organisations that must follow disability inclusion rules**\nThe regulation adds three specific entities to the definition of \"public authority\": the Australian Museum Trust, Destination NSW (the state's tourism agency), and the Library Council of New South Wales. This means these organisations must comply with the Act's requirements.\n\n**2. Sets deadlines for disability inclusion action plans**\nGovernment departments, local councils, and the newly-added public authorities must prepare and publish disability inclusion action plans. The regulation sets the deadline: 6 months after the organisation is established (for new departments/councils) or 6 months after being added to the list (for newly-prescribed entities).\n\n**3. Formalises how the Disability Council's leaders are appointed**\nThe Minister must formally appoint the chairperson and deputy chairperson of the Disability Council by written instrument (official document).\n\n**4. Ensures continuity**\nAnything that was valid under the old 2014 regulation remains valid under this new 2023 version.\n\n**Why it matters:** This regulation ensures specific cultural and tourism bodies are covered by disability inclusion requirements, and provides practical timelines and appointment procedures that make the main Act work."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The metadata alone confirms it remains in its original 'as made' form with no amendments recorded since commencement on 11 August 2023."},"complexity_factors":["Only metadata and status information was provided — no substantive legislative content was available for analysis, making meaningful complexity assessment impossible","Subordinate legislation (regulations) typically add a layer of complexity by requiring cross-referencing with the parent Act (Disability Inclusion Act 2014)","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension that readers must track","Disability inclusion law can involve intersecting federal and state frameworks (e.g., the Commonwealth Disability Discrimination Act 1992), though this cannot be confirmed from the text provided"],"plain_english_summary":"The Disability Inclusion Regulation 2023 (NSW) is subordinate legislation under the Disability Inclusion Act 2014 that came into force on 11 August 2023 and relates to disability inclusion in NSW. It likely affects people with disability, NSW agencies, service providers and employers who implement or are subject to disability‑related obligations.\n\nThe regulation is slated for automatic repeal on 1 September 2028, so any rights or duties it creates may lapse unless renewed; the substantive provisions were not provided here."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-regulation-2023","history":"/api/acts/disability-inclusion-regulation-2023/history","analysis":"/api/acts/disability-inclusion-regulation-2023/analysis","conflicts":"/api/acts/disability-inclusion-regulation-2023/conflicts","importantCases":"/api/acts/disability-inclusion-regulation-2023/important-cases","documents":"/api/acts/disability-inclusion-regulation-2023/documents"}}