38Disability Action Plans

38 Disability Action Plans (1) A public sector body must ensure that a Disability Action Plan is prepared for the purpose of— (a) reducing barriers to persons with a disability accessing goods, services and facilities; (b) reducing barriers to persons with a disability obtaining and maintaining employment; (c) promoting inclusion and participation in the community of persons with a disability; (d) achieving tangible changes in attitudes and practices which discriminate against persons with a disability. (2) Any plan lodged by a public sector body or a Council with the Human Rights and Equal Opportunity Commission in compliance with Part 3 of the Commonwealth Disability Discrimination Act 1992 is to be taken to be a Disability Action Plan prepared by that public sector body or Council for the purposes of this section. (3) A public sector body must report on the implementation of their Disability Action Plan in its annual report. S. 38(4) substituted by No. 22/2012 s. 13. (4) If a Council determines to prepare a Disability Action Plan, the Disability Action Plan is to be prepared for the purposes referred to in subsection (1). S. 38(5) substituted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.1). (5) If a Council determines to prepare a Disability Action Plan or is taken to have prepared a Disability Action Plan under subsection (2), the Council must report on the implementation of the Disability Action Plan in its annual report under section 98 of the **Local Government Act 2020**. S. 38(5A) inserted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.2). (5A) A Council must ensure that the matters referred to in subsection (1) are addressed in the Council Plan prepared under the **Local Government Act 2020** if the Council— (a) has determined not to prepare a Disability Action Plan; and (b) is not taken to have prepared a Disability Action Plan under subsection (2). (6) In this section— S. 38(6) amended by No. 9/2020 s. 390(Sch. 1 item 23.3). ***Council*** has the same meaning as it has in section 3(1) of the **Local Government Act 2020**; ***public sector body*** means— (a) a Department within the meaning of section 4(1) of the **Public Administration Act 2004**; (b) a statutory authority which is prescribed for the purposes of this section; (c) a statutory corporation which is prescribed for the purposes of this section. S. 39 (Heading) substituted by No. 33/2017 s. 10(1), amended by No. 9/2023 s. 103(1).