{"id":"F2023L01746","name":"Disability Services and Inclusion (Regulated Activities) Determination 2023","slug":"disability-services-and-inclusion-regulated-activities-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442231,"registerId":"F2023L01746-fast-fetch-1775957286581","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Services and Inclusion (Regulated Activities) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDisability Services and Inclusion (Regulated Activities) Determination 2023\n\nI, Ray Griggs AO CSC, Secretary of the Department of Social Services, make the following determination.\n\nDated 21 December 2023\n\nRay Griggs\n\nSecretary of the Department of Social Services\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Regulated activities\n\n1  Name\n\n  This instrument is the Disability Services and Inclusion (Regulated Activities) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The later of:(a) the day on which the Disability Services and Inclusion Act 2023 commences; and(b) the day after this instrument is registered. 1 January 2024(paragraph (a) applies)\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 11 of the Disability Services and Inclusion Act 2023.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including eligible activity.\n\n  In this instrument:\n\nAct means the Disability Services and Inclusion Act 2023.\n\n5  Regulated activities\n\n  For the purposes of section 11 of the Act, each of the following kinds of eligible activity is a regulated activity:\n\n (a) an eligible activity that involves delivery of higher‑risk or complex supports to people with disability;\n\n (b) an eligible activity that is delivered by persons undertaking the activity through substantial one‑on‑one contact with people with disability to whom the activity is provided (whether the contact is in person or by other means);\n\n (c) an eligible activity that involves regular engagement over a prolonged period between persons undertaking the activity and people with disability to whom the activity is provided (whether the engagement is in person or by other means).\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination appears to serve its original intended purpose: to specify which eligible activities become regulated activities under section 11 of the Disability Services and Inclusion Act 2023. It has not expanded beyond this narrow technical function."},"complexity_factors":["Extremely short: only 5 operative sections across 2 pages","Minimal defined terms: only 1 definition ('Act'), with a note referring to external definitions in the parent Act","No cross-references to other legislation beyond the enabling Act","No conditional logic, exceptions, or nested provisions","Simple list structure in section 5 with three straightforward criteria","No administrative machinery, penalties, or procedural requirements"],"plain_english_summary":"This instrument names which disability services count as \"regulated activities\" under the Disability Services and Inclusion Act 2023, so they face extra safety and compliance rules. It targets higher‑risk/complex supports, services with substantial one‑on‑one contact, and regular prolonged engagement between workers and people with disability—affecting providers, workers, and recipients by triggering screening, quality standards, and monitoring to better protect vulnerable people."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination designates which eligible activities are \"regulated activities\" for the purposes of section 11 of the Act. It does not itself amend definitions or expand the statutory wording in the Act; it relies on the Act’s definitions and simply specifies categories of eligible activity to be regulated (cl.3–5)."},"complexity_factors":["Reliance on Act definitions that are not repeated here (e.g. \"eligible activity\") creates a need to cross‑reference the Disability Services and Inclusion Act 2023 to interpret scope (cl.4).","Key thresholds are qualitative (\"higher‑risk or complex supports\", \"substantial one‑on‑one contact\", \"regular engagement over a prolonged period\"), requiring judgment by administrators, providers or courts to apply in practice (cl.5).","The clause explicitly covers different delivery modes (\"in person or by other means\"), widening application beyond physical contact and increasing compliance‑scope uncertainty for remote or hybrid services (cl.5).","Commencement is contingent on the Act’s commencement and registration, so practical timing and transitional compliance depend on external events (cl.2).","The instrument fixes categories of regulated activities but does not set out procedural, enforcement or compliance details, so implementation depends on the Act and subordinate guidance or regulation (cls.3, 5)."],"plain_english_summary":"This instrument lists which disability support activities count as \"regulated activities\" under the Disability Services and Inclusion Act 2023, targeting higher‑risk or complex supports, substantial one‑on‑one contact, and prolonged regular engagement (cl.5). It applies to organisations and individuals who deliver those eligible activities by bringing them within the Act’s regulatory regime, and it takes effect once the Act commences and this instrument is registered (cls.2–3)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023","history":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023/history","analysis":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023/analysis","conflicts":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023/conflicts","importantCases":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023/important-cases","documents":"/api/acts/disability-services-and-inclusion-regulated-activities-determination-2023/documents"}}