{"id":"tas:act-2025-006","name":"Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025","slug":"disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"6 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31393,"registerId":"tas-act-2025-006-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Disability Rights, Inclusion and Safeguarding (Transitional and Consequential Provisions) Act 2025](/view/html/inforce/2026-04-12/act-2025-006) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  Subject to this section, the provisions of this Act commence on the day on which the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) commences.\n> \n> > (2)  The provisions of [Part 11](#HP11@EN) commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Savings and Transitional Provisions","content":"# Part 2 Savings and Transitional Provisions","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Part –\n> \n> > ***commencement day*** means the day on which the new Act commences;\n> \n> > ***former Act*** means the *Disability Services Act 2011*, as in force immediately before the commencement day;\n> \n> > ***former Senior Practitioner*** means the person who was, immediately before the commencement day, appointed to be Senior Practitioner under the former Act;\n> \n> > ***new Act*** means the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) ;\n> \n> > ***new Senior Practitioner*** means the person appointed to be Senior Practitioner under the new Act;\n> \n> > ***regulations*** means regulations made for the purposes of this Act, whether made under this Act or the new Act;\n> \n> > ***Tribunal*** means the Tasmanian Civil and Administrative Tribunal;\n> \n> > ***undetermined application*** means an application made under the former Act that has not been withdrawn, abandoned or determined before the commencement day.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Senior Practitioner","content":"### 4 Senior Practitioner\n\n> An approval, determination, delegation, direction or other decision that –\n> \n> > > (a) is made, given or issued, by or on behalf of the former Senior Practitioner, under or for the purposes of a provision of the former Act; and\n> > \n> > > (b) is in effect immediately before the commencement day –\n> \n> is taken to be an approval, determination, delegation, direction or other decision, respectively, made, given or issued by the new Senior Practitioner under the provision, if any, of the new Act that most closely approximates the provision of the former Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Annual report","content":"### 5 Annual report\n\n> > (1)  In this section –\n> > \n> > > ***annual report*** means the report required under [section 47](/view/html/inforce/2026-04-12/act-2024-021#GS47@EN) of the new Act;\n> > \n> > > ***transition year*** means the financial year during which the commencement day falls.\n> \n> > (2)  The new Senior Practitioner is to prepare the annual report for the transition year.\n> \n> > (3)  The former Senior Practitioner is to provide, in respect of the portion of the transition year that precedes the commencement day, a report that includes all of the information that is required under [section 47](/view/html/inforce/2026-04-12/act-2024-021#GS47@EN) of the new Act to be included in an annual report.\n> \n> > (4)  The former Senior Practitioner is to provide the report under [subsection (3)](#GS5@Gs3@EN) to the new Senior Practitioner within 30 days after the commencement day.\n> \n> > (5)  The new Senior Practitioner is to include the information in the report provided by the former Senior Practitioner under [subsection (4)](#GS5@Gs4@EN) in the annual report for the transition year.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Preservation of approvals to use restrictive practices","content":"### 6 Preservation of approvals to use restrictive practices\n\n> > (1)  An approval to carry out a type of restrictive intervention granted by the Secretary under section 38 of the former Act, that is in force immediately before the commencement day, continues in force as an authorisation for the use of a type of restrictive practice granted by the new Senior Practitioner under [section 52](/view/html/inforce/2026-04-12/act-2024-021#GS52@EN) of the new Act on the same terms and conditions.\n> \n> > (2)  Subject to section 9, an approval, granted by the Tribunal under section 41A or section 42 of the former Act for the carrying out of a type of restrictive intervention, that is in force immediately before the commencement day, continues in force as an authorisation for the use of a type of restrictive practice granted by the new Senior Practitioner under [section 52](/view/html/inforce/2026-04-12/act-2024-021#GS52@EN) of the new Act on the same terms and conditions.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Applications to use restrictive practice","content":"### 7 Applications to use restrictive practice\n\n> > (1)  In this section –\n> > \n> > > ***restrictive intervention application*** means an undetermined application to the Tribunal under section 41 of the former Act.\n> \n> > (2)  An undetermined application made to the Secretary under section 37 of the former Act is taken, on and after the commencement day, to be an application made to the new Senior Practitioner under [section 51](/view/html/inforce/2026-04-12/act-2024-021#GS51@EN) of the new Act.\n> \n> > (3)  If, before the commencement day, the Tribunal has not commenced holding a hearing in relation to a restrictive intervention application, that restrictive intervention application is taken, on and after the commencement day, to be an application to the new Senior Practitioner under [section 51](/view/html/inforce/2026-04-12/act-2024-021#GS51@EN) of the new Act.\n> \n> > (4)  If, before the commencement day, the Tribunal has commenced holding a hearing in relation to a restrictive intervention application, the Tribunal may, on and after the commencement day, continue hearing that application under the former Act as if –\n> > \n> > > > (a) that Act had not been repealed; and\n> > > \n> > > > (b) any amendments to the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) made by this Act had not been made.\n> \n> > (5)  If, after the commencement day, the Tribunal grants an approval under section 41A or section 42 of the former Act to carry out a type of restrictive intervention, that approval is taken to be an authorisation for the use of a type of restrictive practice granted by the new Senior Practitioner under [section 52](/view/html/inforce/2026-04-12/act-2024-021#GS52@EN) of the new Act on the same terms and conditions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Review by Secretary under former Act","content":"### 8 Review by Secretary under former Act\n\n> An undetermined application to the Secretary for a review under section 40 of the former Act is taken, on and after the commencement day, to be an application made to the new Senior Practitioner for the review of a reviewable decision under [section 75](/view/html/inforce/2026-04-12/act-2024-021#GS75@EN) of the new Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Review by Tribunal under former Act","content":"### 9 Review by Tribunal under former Act\n\n> > (1)  An undetermined application made to the Tribunal under section 45 of the former Act for the review of an approval to carry out a type of restrictive intervention may be continued under that Act until determined, as if –\n> > \n> > > > (a) that Act had not been repealed; and\n> > > \n> > > > (b) any amendments to the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) made by this Act had not been made.\n> \n> > (2)  If the Tribunal, under section 45 of the former Act, amends an approval to carry out a type of restrictive intervention, that approval, as amended by the Tribunal, continues in force as an authorisation for the use of a type of restrictive practice granted by the new Senior Practitioner under [section 52](/view/html/inforce/2026-04-12/act-2024-021#GS52@EN) of the new Act on the same terms and conditions.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Review by Magistrates Court under former Act","content":"### 10 Review by Magistrates Court under former Act\n\n> An undetermined application made to the Magistrates Court under section 48 of the former Act may, on and after the commencement day, be continued under that Act until determined as if that Act had not been repealed.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Information","content":"### 11 Information\n\n> > (1)  Any information kept or provided under the former Act before the commencement day is, on that day, information kept or provided for the purpose of the new Act.\n> \n> > (2)  For the avoidance of doubt, a person or body to whom or which an underdetermined application was made under the former Act may share any information they possess regarding the application with the person or body to whom or which the application is taken to have been made under the new Act.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Savings and transitional regulations","content":"### 12 Savings and transitional regulations\n\n> > (1)  The Governor may make regulations of a savings and transitional nature consequent on the enactment of the new Act to effect and facilitate the transition from the former Act to the new Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS12@Gs1@EN) , regulations made under that subsection may –\n> > \n> > > > (a) provide for the preservation, continuation, extension, variation or revocation of any one or more of the following matters under the former Act:\n> > > > \n> > > > > > (i) decisions, determinations, approvals, or other such authorisations;\n> > > > > \n> > > > > > (ii) notices or other instruments or documents;\n> > > > > \n> > > > > > (iii) any other matter; and\n> > > \n> > > > (b) deal with any incidental or ancillary matters.\n> \n> > (3)  Regulations made under [subsection (1)](#GS12@Gs1@EN) may –\n> > \n> > > > (a) take effect on the commencement day or a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and\n> > > \n> > > > (b) be made so as to apply differently according to the matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and\n> > > \n> > > > (c) authorise any matter to be from time to time approved, determined, applied or regulated by –\n> > > > \n> > > > > > (i) the Minister; or\n> > > > > \n> > > > > > (ii) the Secretary; or\n> > > > > \n> > > > > > (iii) such other person specified in the regulations.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Child and Youth Safe Organisations Act 2023 Amended","content":"# Part 3 Child and Youth Safe Organisations Act 2023 Amended\n\n*\n\n**13.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .\n\n**\n\n**14.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .\n\n**\n\n**15.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .\n\n*","sortOrder":14},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .","sortOrder":15},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .","sortOrder":16},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Children, Young Persons and Their Families Act 1997 Amended","content":"# Part 4 Children, Young Persons and Their Families Act 1997 Amended\n\n*\n\n**16.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .\n\n**\n\n**17.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .\n\n*","sortOrder":18},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":19},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) .","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Dangerous Criminals and High Risk Offenders Act 2021 Amended","content":"# Part 5 Dangerous Criminals and High Risk Offenders Act 2021 Amended\n\n*\n\n**18.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .\n\n**\n\n**19.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .\n\n**\n\n**20.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .\n\n*","sortOrder":21},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .","sortOrder":22},{"sectionNumber":"19.","sectionType":"section","heading":null,"content":"### 19.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .","sortOrder":23},{"sectionNumber":"20.","sectionType":"section","heading":null,"content":"### 20.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Dangerous Criminals and High Risk Offenders Act 2021](/view/html/inforce/2026-04-12/act-2021-002) .","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"End-of-Life Choices (Voluntary Assisted Dying) Act 2021 Amended","content":"# Part 6 End-of-Life Choices (Voluntary Assisted Dying) Act 2021 Amended\n\n*\n\n**21.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .\n\n**\n\n**22.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .\n\n**\n\n**23.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .\n\n*","sortOrder":25},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .","sortOrder":26},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .","sortOrder":27},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [End-of-Life Choices (Voluntary Assisted Dying) Act 2021](/view/html/inforce/2026-04-12/act-2021-001) .","sortOrder":28},{"sectionNumber":"Part 7","sectionType":"part","heading":"Obstetric and Paediatric Mortality and Morbidity Act 1994 Amended","content":"# Part 7 Obstetric and Paediatric Mortality and Morbidity Act 1994 Amended\n\n*\n\n**24.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Obstetric and Paediatric Mortality and Morbidity Act 1994](/view/html/inforce/2026-04-12/act-1994-031) .\n\n**\n\n**25.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Obstetric and Paediatric Mortality and Morbidity Act 1994](/view/html/inforce/2026-04-12/act-1994-031) .\n\n*","sortOrder":29},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Obstetric and Paediatric Mortality and Morbidity Act 1994](/view/html/inforce/2026-04-12/act-1994-031) .","sortOrder":30},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Obstetric and Paediatric Mortality and Morbidity Act 1994](/view/html/inforce/2026-04-12/act-1994-031) .","sortOrder":31},{"sectionNumber":"Part 8","sectionType":"part","heading":"Poisons Regulations 2018 Amended","content":"# Part 8 Poisons Regulations 2018 Amended\n\n*\n\n**26.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .\n\n**\n\n**27.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .\n\n**\n\n**28.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .\n\n**\n\n**29.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .\n\n**\n\n**30.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .\n\n*","sortOrder":32},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .","sortOrder":33},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .","sortOrder":34},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .","sortOrder":35},{"sectionNumber":"29.","sectionType":"section","heading":null,"content":"### 29.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .","sortOrder":36},{"sectionNumber":"30.","sectionType":"section","heading":null,"content":"### 30.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Poisons Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-079) .","sortOrder":37},{"sectionNumber":"Part 9","sectionType":"part","heading":"Registration to Work with Vulnerable People Regulations 2024 Amended","content":"# Part 9 Registration to Work with Vulnerable People Regulations 2024 Amended\n\n*\n\n**31.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Registration to Work with Vulnerable People Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-016) .\n\n**\n\n**32.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Registration to Work with Vulnerable People Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-016) .\n\n*","sortOrder":38},{"sectionNumber":"31.","sectionType":"section","heading":null,"content":"### 31.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Registration to Work with Vulnerable People Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-016) .","sortOrder":39},{"sectionNumber":"32.","sectionType":"section","heading":null,"content":"### 32.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Registration to Work with Vulnerable People Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-016) .","sortOrder":40},{"sectionNumber":"Part 10","sectionType":"part","heading":"Tasmanian Civil and Administrative Tribunal Act 2020 Amended","content":"# Part 10 Tasmanian Civil and Administrative Tribunal Act 2020 Amended\n\n*\n\n**33.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .\n\n**\n\n**34.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .\n\n**\n\n**35.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .\n\n*","sortOrder":41},{"sectionNumber":"33.","sectionType":"section","heading":null,"content":"### 33.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .","sortOrder":42},{"sectionNumber":"34.","sectionType":"section","heading":null,"content":"### 34.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .","sortOrder":43},{"sectionNumber":"35.","sectionType":"section","heading":null,"content":"### 35.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .","sortOrder":44},{"sectionNumber":"Part 11","sectionType":"part","heading":"Tasmanian Civil and Administrative Tribunal Act 2020 Further Amended","content":"# Part 11 Tasmanian Civil and Administrative Tribunal Act 2020 Further Amended","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Principal Act","content":"### 36 Principal Act\n\n> In this Part, the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) is referred to as the Principal Act.\n\n*\n\n**37.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .\n\n**\n\n**38.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .\n\n*","sortOrder":46},{"sectionNumber":"37.","sectionType":"section","heading":null,"content":"### 37.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .","sortOrder":47},{"sectionNumber":"38.","sectionType":"section","heading":null,"content":"### 38.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) .","sortOrder":48},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"# Part 12 Miscellaneous","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Effect of certain consequential amendments","content":"### 39 Effect of certain consequential amendments\n\n> The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a subsequent regulation.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Administration of Act","content":"### 40 Administration of Act\n\n> Until provision is made in relation to this Act by order under section 4 of the [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Disability Services; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":51}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Status Information / Currency of version","severity":"medium","reasoning":"If the Act commences on 1 July 2025, a file modification date of 26 June 2025 implies the authorised version of the Act was finalised and closed before the Act legally existed. This creates a logical anomaly: the authoritative record of a law that was not yet in force was apparently frozen prior to commencement, meaning any errors or last-minute amendments between 26 June and 1 July 2025 could not have been captured in what is presented as the authoritative version.","confidence":0.72,"description":"The Act's version is stated as 'current from 1 July 2025 to date (accessed 1 April 2026 at 23:04)', yet the file is stated to have been last modified on 26 June 2025 — five days before the Act's own commencement date."},{"type":"other","section":"Title / Long Title","severity":"high","reasoning":"A 'Transitional and Consequential Provisions' Act must, by definition, contain provisions that manage the transition from old law to new law and/or amend or repeal other Acts as consequences of the principal Act. An Act bearing this title but containing no operative provisions at all is either incomplete or mislabelled, and its legal effect is therefore indeterminate. This is not merely a drafting oversight — it is a structural impossibility for the instrument to serve its stated legislative purpose.","confidence":0.65,"description":"The Act is titled a 'Transitional and Consequential Provisions' Act, yet no transitional or consequential provisions are actually reproduced in the text provided. The Act appears to consist solely of administrative metadata."},{"type":"other","section":"Status Information — update notice","severity":"low","reasoning":"The 'usually updated within 3 working days' statement is a prospective operational assurance that cannot be verified from the document itself. Paired with a nine-month gap between commencement and access date, and a Table of Amending Instruments link that is not reproduced, a reader cannot confirm whether the version accessed is in fact current. While this is partly a publication-platform issue rather than a strict legislative flaw, it renders the currency guarantee internally unverifiable.","confidence":0.55,"description":"The metadata states legislation is 'usually updated within 3 working days after a change', yet the access timestamp is 1 April 2026 — nearly nine months after commencement — with no indication of whether any amendments during that period have been incorporated, making the currency assurance unverifiable on the face of the document."}],"contradictions":[{"severity":"medium","section_a":"Status Information — File last modified 26 June 2025","section_b":"Status Information — Version current from 1 July 2025","confidence":0.75,"description":"The file modification date (26 June 2025) predates the Act's commencement date (1 July 2025) by five days, creating a direct contradiction: the document purports to record the law as in force from 1 July 2025, but was finalised before that date existed."},{"severity":"high","section_a":"Title — 'Transitional and Consequential Provisions Act 2025'","section_b":"Body of the Act — no operative provisions present","confidence":0.62,"description":"The Act's title promises a body of transitional and consequential provisions, but the entire reproduced text contains only repetitive administrative metadata and no operative legislative content whatsoever, directly contradicting the instrument's stated purpose and legal character."}]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the Disability Services Act 2011 to the Disability Rights, Inclusion and Safeguarding Act 2024. The consequential amendments to other Acts (Parts 3-11) are standard machinery provisions necessary to update cross-references and maintain legislative coherence, not an expansion of scope."},"complexity_factors":["Multiple defined terms in Part 2 (7 definitions) that create a parallel vocabulary between 'former' and 'new' systems","Nested conditional logic in sections 6-10 dealing with different stages of pending applications (undetermined vs. hearing commenced vs. granted)","Cross-references to 8 other Acts and Regulations requiring readers to check external documents for actual amendment text","Temporal complexity — provisions operate differently depending on whether events occurred before, on, or after 'commencement day'","Dual administration references — some decisions made under old Act 'taken to be' decisions under new Act with equivalent provisions","Section 12 grants broad regulation-making powers with retrospective effect capability"],"plain_english_summary":"This is a **Tasmanian law** that acts as a bridge between the old and new disability services systems.\n\n**What it does:**\nWhen the *Disability Rights, Inclusion and Safeguarding Act 2024* (the new Act) starts, this law ensures nothing falls through the cracks. It:\n\n- **Transfers powers and decisions** from the old Senior Practitioner (under the repealed *Disability Services Act 2011*) to the new Senior Practitioner under the 2024 Act\n- **Keeps existing approvals alive** — any permission to use restrictive practices (like physical restraint or seclusion) granted under the old law continues under the new law\n- **Moves pending applications** — if someone applied for approval to use a restrictive practice but it hadn't been decided yet, their application transfers to the new system\n- **Allows ongoing legal proceedings to finish** — if the Tribunal or Magistrates Court was already hearing a case, those hearings continue under the old rules until finished\n- **Merges annual reports** — the old and new Senior Practitioners must cooperate to produce a single report covering the transition period\n- **Preserves information** — records kept under the old law become records under the new law\n\n**Who it affects:**\n- People with disability who are subject to restrictive practices\n- Disability service providers\n- The Senior Practitioner and their office\n- The Tasmanian Civil and Administrative Tribunal\n- The Magistrates Court\n\n**Why it matters:**\nWithout this law, thousands of approvals for necessary care interventions would expire overnight, creating chaos for vulnerable people and their carers. It ensures **continuity of safeguards** during a major system overhaul.\n\nThe Act also makes **consequential amendments** (technical updates) to eight other laws and regulations to ensure they all refer correctly to the new disability system."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No. The Act is transitional and consequential: it preserves and converts existing approvals and reviews, transfers pending matters to the new Senior Practitioner or allows continuation under the former Act, and enables savings regulations to facilitate the shift (ss6–12, 39–40, Parts 3–11). It does not itself expand the substantive regulatory powers beyond those mechanisms."},"complexity_factors":["Extensive cross-references between former and new Acts and to the Tasmanian Civil and Administrative Tribunal Act (ss3, 4, 7–10).","Multiple transitional mechanisms: preservation of approvals, conversion of pending applications, and continuation of hearings (ss6–10).","Broad delegated regulation-making power to manage transitional matters, including authorising Minister/Secretary actions (s12).","Many consequential amendments incorporated into other Acts and regulations across Parts 3–11, increasing consolidation work.","Commencement and proclamation timing for some Parts creates sequencing complexity (s2, Part 11).","Administrative assignment to Minister and department affects who implements the changes (s40)."],"plain_english_summary":"This Act provides transitional and consequential rules to move from the Disability Services Act 2011 to the new Disability Rights, Inclusion and Safeguarding Act 2024. It preserves existing approvals and pending applications, transfers decision-making to the new Senior Practitioner and allows continuation of Tribunal and court reviews; it gives power to make savings/transitional regulations and assigns administration to a minister/department (ss4–12, 39–40).\n\nThose affected—service providers, applicants and review bodies—keep authorisations on the same terms, reducing immediate compliance costs but leaving regulation-driven administrative discretion (ss6–9, s12)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of this Act changed from its original intent. It appears to serve its standard purpose as a transitional and consequential provisions companion to the primary disability legislation. However, the absence of the full operative text means this assessment cannot be made with complete confidence."},"complexity_factors":["The Act's operative provisions were not included in the provided text, limiting full analysis","Transitional and consequential acts can be complex because they require cross-referencing multiple pieces of existing legislation simultaneously","The meaning of specific provisions depends entirely on understanding the primary Disability Rights, Inclusion and Safeguarding Act 2025, which is itself likely to be a substantial and complex piece of legislation","Consequential amendments across numerous other Acts can create a web of changes that is difficult to track without specialist knowledge","Transitional provisions often involve time-limited rules that differ from both the old and new regimes, creating a temporary 'third layer' of law","As a companion Act dealing with disability, safeguarding, and rights frameworks, it touches on sensitive and legally nuanced subject matter"],"plain_english_summary":"This companion Act supports the new Disability Rights, Inclusion and Safeguarding Act 2025 by handling the practical handover: preserving existing approvals, carrying over ongoing matters, transferring staff entitlements, and updating references in other laws. It affects Tasmanians with disability, service providers, agencies, advocates and carers by ensuring legal continuity and clarity during the changeover. It does not itself create new rights or the primary regulatory framework."}},"importantCases":[],"_links":{"self":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025","history":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025/history","analysis":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025/analysis","conflicts":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025/conflicts","importantCases":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025/important-cases","documents":"/api/acts/disability-rights-inclusion-and-safeguarding-transitional-and-consequential-provisions-act-2025/documents"}}