{"id":"disability-inclusion-regulations-2019","name":"Disability Inclusion Regulations 2019","slug":"disability-inclusion-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235372,"registerId":"sa-disability-inclusion-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Inclusion Regulations 2019","content":"South Australia\nDisability Inclusion Regulations 2019\nunder the Disability Inclusion Act 2018\n\nContents\n1\tShort title\n3\tInterpretation\n4\tState authorities\n5\tRequired provisions—State Disability Inclusion Plan\n6\tRequirements relating to preparation of State Disability Inclusion Plan\n7\tVariation of State Disability Inclusion Plan\n8\tRequired provisions—disability access and inclusion plans\n9\tRequirements relating to preparation of disability access and inclusion plans\n10\tLocal councils may prepare single disability access and inclusion plan\n11\tVariation of disability access and inclusion plans\n12\tExemptions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Disability Inclusion Regulations 2019.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Disability Inclusion Act 2018.\n4—State authorities\n\t(1)\tFor the purposes of paragraph (b) of the definition of State authority in section 3(1) of the Act, an agency or instrumentality of the Crown, or agency or instrumentality of the Crown of a class, specified by the Minister by notice in the Gazette is prescribed.\n\t(2)\tFor the purposes of paragraph (d) of the definition of State authority in section 3(1) of the Act, a person or body, or person or body of a class, specified by the Minister by notice in the Gazette is prescribed.\n\t(3)\tFor the purposes of the definition of State authority in section 3(1) of the Act, a person or body is excluded from the ambit of that definition for the purposes of the Act if the person or body is declared by the Minister, by notice in the Gazette, to be so excluded.\n5—Required provisions—State Disability Inclusion Plan\nFor the purposes of section 13(3)(c) of the Act, the State Disability Inclusion Plan is required to contain the following provisions:\n\t(a)\tprovisions setting out whole‑of‑government policies and strategies for giving effect to the principles and purposes of the United Nations Convention on the Rights of Persons with Disabilities, as well as any other relevant international human rights instruments affecting people with disability, as in force from time to time;\n\t(b)\tprovisions setting out strategies to ensure that the needs of persons referred to in section 9(2), (3), (4) and (5) of the Act are properly addressed by the Plan;\n\t(c)\tprovisions specifying priority areas for improvement in relation to inclusion;\n\t(d)\tprovisions specifying measurable outcomes for each priority area identified in the Plan.\n6—Requirements relating to preparation of State Disability Inclusion Plan\n\t(1)\tFor the purposes of section 13(4)(a) of the Act, the Minister must consult with people with disability, their families and carers, and persons or bodies representing the interests of people with disability, in accordance with the following provisions:\n\t(a)\tthe Minister must prepare such documentation as may, in the opinion of the Minister, be necessary to support consultation in relation to the proposed State Disability Inclusion Plan;\n\t(b)\tthe Minister must publish the consultation documents on a website determined by the Minister and cause public notice of that fact to be circulated in a form that is accessible to people with disability; \n\t(c)\tthe Minister must, in a manner determined by the Minister, undertake such consultation as is necessary, in the opinion of the Minister, to enable the Minister to prepare a Plan that achieves the objects of the Act;\n\t(d)\tthe Minister must have regard to any submissions made in the course of such consultation and within the period specified by the Minister.\n\t(2)\tFor the purposes of section 13(4)(b) of the Act, the Minister must (whether in the course of acting under subregulation (1) or otherwise) call for public submissions in relation to the proposed State Disability Inclusion Plan to be made in a manner and form determined, and within the period specified, by the Minister.\n\t(3)\tThe Minister may, at the end of the specified period under subregulation (2), cause the State Disability Inclusion Plan to be published in the Gazette as required under section 13(6) of the Act.\n\t(4)\tFor the purposes of section 13(4)(c) of the Act, the documents referred to in subregulation (1) must be prepared and published in a form that is accessible to people with disability.\n7—Variation of State Disability Inclusion Plan\n\t(1)\tFor the purposes of section 13(5) of the Act, a variation of the State Disability Inclusion Plan must, subject to this regulation, comply with the provisions set out in regulation 6 as if the variation were the Plan.\n\t(2)\tHowever, subregulation (1) will be taken not to apply in relation to a variation of the State Disability Inclusion Plan that is being made—\n\t(a)\tto ensure that the Plan is consistent with an Act or law of the State or the Commonwealth; or\n\t(b)\tto remove or replace information in the Plan that is no longer correct; or\n\t(c)\tto make a change of form to the Plan (being a change that does not alter the substantive effect of the Plan); or\n\t(d)\tto correct an error,\n(and in such a case the Minister may vary the Plan by notice in the Gazette).\n\t(3)\tThe Minister must ensure that public notice of any variation of the State Disability Inclusion Plan (other than a variation referred to in subregulation (2)) is circulated in a form that is accessible to people with disability within a reasonable time after the variation has effect.\n8—Required provisions—disability access and inclusion plans\nFor the purposes of section 16(3)(e) of the Act, a disability access and inclusion plan is required to contain provisions setting out strategies to ensure that the needs of persons referred to in section 9(2), (3), (4) and (5) of the Act are properly addressed by the plan.\n9—Requirements relating to preparation of disability access and inclusion plans\n\t(1)\tFor the purposes of section 16(4)(b) of the Act, a State authority must consult with people with disability, their families and carers, and persons or bodies representing the interests of people with disability, in accordance with the following provisions:\n\t(a)\tthe State authority must prepare a draft disability access and inclusion plan;\n\t(b)\tthe State authority must publish the draft disability access and inclusion plan on a website determined by the State authority and cause public notice of that fact to be circulated in a form that is accessible to people with disability;\n\t(c)\tthe State authority must, in accordance with any guidelines published under section 12(1)(a) of the Act, undertake public consultation in relation to the draft plan;\n\t(d)\tthe State authority must have regard to any submissions made in the course of such consultation and within the period specified by the State authority.\n\t(2)\tFor the purposes of section 16(4)(c) of the Act, a State authority must (whether in the course of acting under subregulation (1) or otherwise) call for public submissions in relation to its draft disability access and inclusion plan to be made in a manner and form determined, and within the period specified, by the State authority.\n\t(3)\tA State authority's disability access and inclusion plan has effect from the day on which it is published on a website in accordance with section 16(7) of the Act.\n\t(4)\tA State authority must, on publishing its disability access and inclusion plan, prepare and provide to the Chief Executive a report setting out such information as may be required by the Chief Executive in relation to the preparation of the plan (including information relating to the number of submissions made, and any recommendations that were adopted by the State authority, in the course of preparing the plan).\n\t(5)\tFor the purposes of section 16(4)(d) of the Act, a draft disability access and inclusion plan must be prepared and published in a form that is accessible to people with disability.\n10—Local councils may prepare single disability access and inclusion plan\nFor the purposes of section 16(5) of the Act, if a local council is to prepare a single disability access and inclusion plan that is to be the plan for more than 1 local council, the local council must take reasonable steps to ensure that the residents in each affected council area are kept informed in respect of the preparation of the plan.\n11—Variation of disability access and inclusion plans\n\t(1)\tFor the purposes of section 16(6) of the Act, a variation of a disability access and inclusion plan must comply with the provisions set out in regulation 9 as if the variation were the plan.\n\t(2)\tHowever, subregulation (1) will be taken not to apply in relation to a variation of disability access and inclusion plan that is being made—\n\t(a)\tto ensure that the plan is consistent with an Act or law of the State or the Commonwealth; or\n\t(b)\tto ensure that the plan remains consistent with the State Disability Inclusion Plan; or\n\t(c)\tto remove or replace information in the plan that is no longer correct; or\n\t(d)\tto make a change of form to the plan (being a change that does not alter the substantive effect of the plan); or\n\t(e)\tto correct an error.\n\t(3)\tA State authority must ensure that public notice of any variation of its disability access and inclusion plan (other than a variation referred to in subregulation (2)) is circulated in a form that is accessible to people with disability within a reasonable time after the variation has effect.\n12—Exemptions\n\t(1)\tPursuant to section 33(2)(a) of the Act, the Chief Executive is, subject to the following provisions, exempt from the operation of section 14(1) of the Act in respect of the annual report on the operation of the State Disability Inclusion Plan for the financial year ending on 30 June 2023:\n\t(a)\tthe Chief Executive must instead prepare a report on the operation of the State Disability Inclusion Plan for the period commencing on 1 January 2023 and ending on 31 December 2023;\n\t(b)\tthe report must contain such information as may be required by the Minister and must be provided to the Minister on or before 30 June 2024.\n\t(2)\tPursuant to section 33(2)(a) of the Act, a State authority is, subject to the following provisions, exempt from the operation of section 17(1) of the Act in respect of the State authority's report on the operation of its disability access and inclusion plan for the financial year ending on 30 June 2023:\n\t(a)\tthe State authority must instead prepare a report on the operation of its disability access and inclusion plan for the period commencing on 1 January 2023 and ending on 31 December 2023;\n\t(b)\tthe report must contain such information as may be required by the Minister and must be provided to the Minister on or before 30 June 2024.\n\t(3)\tPursuant to section 33(2)(a) of the Act, the Chief Executive is exempt from the operation of section 17(2) of the Act in respect of the financial year ending 30 June 2023 (however, the Chief Executive must instead provide to the Minister a report summarising any reports made by State authorities under section 17(1) of the Act or subregulation (2) during the period commencing on 1 January 2023 and ending on 31 December 2023).\n\t(4)\tPursuant to section 33(2)(a) of the Act, a State authority is exempt from the operation of section 18 of the Act during the period—\n\t(a)\tbeginning on the commencement of this subregulation; and\n\t(b)\tending—\n\t(i)\twhen a new State Disability Inclusion Plan, or a variation of the plan, is published in the Gazette under section 13 of the Act; or\n\t(ii)\t4 years after the commencement of this subregulation,\nwhichever is the sooner.\n\t(5)\tTo avoid doubt, nothing in this regulation affects the operation of sections 14(2) and 17(3) and (4) of the Act.\nLegislative history\nNotes\n\t•\tVariations of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n10\nGazette 7.2.2019 p416 \n7.2.2019: r 2\n2020\n257\nGazette 20.8.2020 p4363\n20.8.2020: r 2\n2024\n11\nGazette 7.3.2024 p381\n7.3.2024: r 2\n2025\n108\nGazette 23.10.2025 p4098\n1.7.2026: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n20.8.2020\nr 9\n\n\n9(3)\nsubstituted by 257/2020 r 4\n20.8.2020\nr 11\n\n\nr 11(1)\nvaried by 257/2020 r 5(1)\n20.8.2020\nr 11(2)\nvaried by 257/2020 r 5(2)\n20.8.2020\nr 12\ninserted by 11/2024 r 3\n7.3.2024\nHistorical versions\n20.8.2020\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to remain tightly scoped to their original purpose: operationalising the Disability Inclusion Act 2018 by setting procedural requirements for plan preparation, consultation, and reporting. The additions over time (particularly Regulation 12's exemptions) are administrative adjustments rather than scope creep. The 2025 variation adds future-dated provisions but does not expand the substantive reach beyond the Act's framework."},"complexity_factors":["Heavy reliance on cross-references to the parent Act (Disability Inclusion Act 2018) — most regulations simply fill in details for sections 13, 16, 33, etc.","Nested conditional logic in exemption provisions (Regulation 12), particularly the 'whichever is the sooner' clause in 12(4)(b)","Multiple layers of Ministerial discretion ('in the opinion of the Minister', 'as may be required by the Minister', 'in a manner determined by the Minister')","Duplicative structure — Regulations 6-7 and 9-11 mirror each other closely for state plans vs. agency plans","Temporal complexity in Regulation 12 with specific date ranges (1 January 2023 to 31 December 2023) and future-dated commencement (1 July 2026 for 2025 variation)","Only 1 defined term in the interpretation section ('Act'), but extensive undefined references to sections of the parent Act"],"plain_english_summary":"These regulations set out the practical rules for how South Australian government bodies and local councils must create, consult on, and publish plans to improve inclusion for people with disability.\n\n**What it does:**\n- **Defines who must comply**: The Minister can specify which government agencies, Crown bodies, and other organisations count as \"State authorities\" that must follow the rules (Regulation 4).\n- **Sets content requirements for the State Disability Inclusion Plan**: The statewide plan must include policies aligned with the UN Convention on the Rights of Persons with Disabilities, strategies for specific groups (like Aboriginal people, people from culturally diverse backgrounds, women, and children), priority areas for improvement, and measurable outcomes (Regulation 5).\n- **Requires public consultation**: Both the Minister (for the state plan) and individual State authorities (for their own plans) must consult with people with disability, their families, carers, and advocacy groups. They must publish draft plans in accessible formats and consider public submissions (Regulations 6 and 9).\n- **Allows streamlined updates**: Minor changes to plans—such as fixing errors, updating outdated information, or ensuring consistency with other laws—can be made without going through full consultation (Regulations 7 and 11).\n- **Lets councils work together**: Multiple local councils can prepare a single joint disability access and inclusion plan, provided they keep residents informed (Regulation 10).\n- **Provides temporary exemptions**: Specific exemptions apply to reporting deadlines for the 2023 calendar year (instead of financial year), and State authorities get a grace period before they must review their plans against updated state plans (Regulation 12).\n\n**Who it affects:**\n- South Australian government departments and agencies\n- Local councils\n- People with disability, their families, and carers (who have a right to be consulted)\n- The Minister and Chief Executive responsible for disability inclusion\n\n**Why it matters:**\nThese regulations put meat on the bones of the Disability Inclusion Act 2018. They ensure that inclusion planning isn't just box-ticking—there are concrete requirements for what plans must contain, who must be consulted, and how the process must be accessible to the very people it serves. The temporary exemptions in Regulation 12 suggest practical adjustments to reporting timelines, likely responding to administrative realities or transition periods."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned a 404-style error due to a website migration on 24 March 2026. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — only a website error page was provided","Cannot assess complexity of actual regulatory provisions","Complexity score of 1 reflects the absence of analysable content, not the underlying legislation"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've requested — the **Disability Inclusion Regulations 2019 (SA)** — could not be retrieved. The link provided returned a **'Page Not Found' error** from the South Australian legislation website, likely due to a website update on 24 March 2026 that broke older hyperlinks.\n\n### What we know from the title alone:\n- This is a **South Australian regulation** (subordinate legislation, meaning it sits beneath and supports a parent Act — likely the *Disability Inclusion Act 2018 (SA)*)\n- It likely sets out **practical rules and requirements** for how disability inclusion obligations are carried out in South Australia\n- It would typically affect **government agencies, service providers, and people with disability** in SA\n\n### What to do:\nTo access the actual legislation, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *'Disability Inclusion Regulations 2019'*."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations largely implement procedural and content requirements contemplated by the Disability Inclusion Act 2018 (content of plans, consultation, publication, reporting). Recent variations (including the 2024 insertion of targeted exemptions for 2023 reporting) adjust timing and administrative detail but do not expand the substantive scope of who or what the Act regulates. The changes are administrative and transitional in nature rather than a material broadening of legislative purpose."},"complexity_factors":["Short instrument (12 regulations) with focused subject matter (planning, consultation, publication, exemptions)","Limited number of defined terms (Act defined in reg 3 only)","Moderate cross‑references to the Disability Inclusion Act 2018 (sections 3, 13, 14, 16, 17, 18, 33)","Multiple places where broad discretion is delegated to the Minister or State authorities (e.g. \"in the opinion of the Minister\", \"as determined by the Minister\"), increasing interpretive variability","Several conditional rules and exceptions for variations and exemptions (regs 7(2), 11(2), 12), though not deeply nested","One temporary, time‑limited exemption regime (reg 12) that alters reporting periods and suspends obligations until a trigger event"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- They set the detailed, operational rules that put the Disability Inclusion Act 2018 into practice for the State and for State authorities and local councils.\n  - They prescribe what must be in the State Disability Inclusion Plan (for whole‑of‑government planning) (reg 5).\n  - They prescribe how the Minister must carry out and publish consultation and call for submissions when preparing or varying that State Plan (reg 6, reg 7).\n  - They require disability access and inclusion plans for State authorities to include strategies addressing specific groups named in the Act (reg 8), and set out how State authorities must prepare, consult on, publish and report on those plans (reg 9, reg 11).\n  - They allow neighbouring local councils to prepare a single joint plan, and require reasonable steps to keep affected residents informed (reg 10).\n  - They give the Minister power to list or exclude particular agencies, instrumentalities or other bodies as State authorities by notice in the Gazette (reg 4).\n  - They create time‑limited exemptions to certain reporting obligations in relation to the 2023 reporting period and defer some requirements until a new State Plan is published or up to four years (reg 12).\n\n**Who is affected**\n\n- The State Government: the Minister must prepare and consult on a State Disability Inclusion Plan and must publish it (regs 5–7).\n- State authorities and prescribed agencies/instrumentalities: they must prepare disability access and inclusion plans, consult publicly, publish the plans online, and report on plan preparation and operation to the Chief Executive/Minister (regs 4, 8–9, 11).\n- Local councils: same obligations where they are State authorities; councils may prepare a single joint plan for multiple council areas but must keep residents in each area informed (reg 10).\n- People with disability, their families/carers and representative organisations: identified as mandatory consultation parties; the rules require consultation and accessible publication formats (regs 6(1), 9(1), 9(5)).\n- Minister and Chief Executive: obliged to administer consultation, publish documents in accessible forms and receive reports from State authorities (regs 6, 9(4), 12).\n\n**Why it matters (official purpose and an analytical lens)**\n\nOfficially, the regulations exist to give effect to the Act’s objectives: to embed disability inclusion across government, to ensure planning is informed by people with disability, and to set measurable priorities and outcomes (see reg 5). The regulations translate those high‑level aims into specific actions (what must be in plans), steps (consultation, publication, reporting) and administrative controls (Gazette notices, exemption powers).\n\nTesting that purpose against costs, incentives and implementation mechanics:\n\n- Who pays and who acts: compliance costs (staff time, accessible publishing, consultation processes, reporting) fall on State authorities and local councils. The Minister and Chief Executive bear administrative costs for managing consultations and receiving reports (regs 6, 9(4)).\n- Discretion and central control: several provisions give the Minister or a State authority broad discretion about how consultation is carried out and what website/form is used (reg 6(1)(a),(b),(c); reg 9(1)(b),(c)). Where the regulation uses phrases like “in the opinion of the Minister” or “as determined by the Minister/State authority,” it permits variation in practice between agencies and over time, which can lead to inconsistent implementation across government (reg 6(1)(a),(c); reg 6(2)).\n- Accountability vs delay: the regulations require publishing plans and reporting (reg 9(3),(4)), but they also include targeted exemptions that delay normal reporting cycles for 2023 and suspend some obligations until a new State Plan is published or up to four years (reg 12). That reduces immediate accountability and shifts cost/timing of reporting obligations.\n- Compliance burden and accessibility: the regulations explicitly require materials and publications to be in forms accessible to people with disability (regs 6(1)(b),(4); 9(1)(b),(5)). That creates implementation tasks (formatting, alternative formats, outreach), which raise short‑term costs but target the regulation’s stated objective of participatory consultation.\n- Risk of uneven outcomes: because many procedural choices are left to the Minister or to each State authority (including how long to invite submissions and the form of consultation), the content and quality of consultation and plans may vary—producing concentrated benefits to groups who can engage effectively and diffuse costs across agencies if coordination is weak (reg 6(1)(c); reg 9(1)(c)).\n- Effect on private enterprise: direct effects on private businesses are limited. Indirectly, providers who contract with government or rely on public procurement may see changed priorities or accessibility requirements if inclusion plans influence procurement standards or service specifications. The regulations themselves do not impose new obligations on private firms (see regs 5–11).\n- Administrative levers: the Minister can prescribe or exclude bodies from being ‘State authorities’ by Gazette notice (reg 4). That creates a mechanism to narrow or broaden who must comply without further primary legislation; it concentrates a removal/coverage decision in ministerial administrative action.\n\n**Key operational requirements to note (with section references)**\n\n- Plan content at State level must include whole‑of‑government policies linked to the UN Convention on the Rights of Persons with Disabilities, strategies addressing identified groups in the Act, priority areas and measurable outcomes (reg 5).\n- The Minister must publish consultation documents online in accessible forms, call for public submissions and have regard to submissions received (reg 6(1)–(4)).\n- State authorities must prepare draft plans, publish them online in accessible formats, undertake public consultation consistent with guidelines, have regard to submissions, and report to the Chief Executive when publishing the plan (reg 9(1)–(5)).\n- Variations to plans generally must follow the same consultation and publication rules as new plans, except for minor technical variations (reg 7(1)–(2); reg 11(1)–(2)).\n- Temporary, specific reporting exemptions cover the 2023 reporting year and suspend some obligations until a new State Plan is published or up to four years (reg 12).\n\n**Trade‑offs and implementation risks (brief)**\n\n- Trade‑off between central flexibility and consistency: enabling the Minister/authorities to choose consultation methods reduces administrative rigidity but increases the risk of uneven standards and reduced comparability across agencies (reg 6(1)(c); reg 9(1)(c)).\n- Trade‑off between timely accountability and pragmatic transition: the 2023 reporting exemptions ease administrative timing pressures but reduce transparency for that reporting year (reg 12).\n- Risk of selective coverage: the Minister’s power to prescribe or exclude bodies as State authorities (reg 4) can be used to limit or expand who must prepare plans without legislative amendment; that is efficient but shifts important coverage decisions to administrative instruments.\n\nSources cited in this summary: Disability Inclusion Regulations 2019 — regs 4, 5, 6, 7, 8, 9, 10, 11, 12."}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-regulations-2019","history":"/api/acts/disability-inclusion-regulations-2019/history","analysis":"/api/acts/disability-inclusion-regulations-2019/analysis","conflicts":"/api/acts/disability-inclusion-regulations-2019/conflicts","importantCases":"/api/acts/disability-inclusion-regulations-2019/important-cases","documents":"/api/acts/disability-inclusion-regulations-2019/documents"}}