This Act creates a whole‑of‑government framework for disability inclusion in NSW: a State Disability Inclusion Plan, mandatory disability inclusion action plans for public authorities, a Disability Council to monitor and advise, and powers to make standards, guidance and targeted financial assistance. It aims to increase access to mainstream services and inclusion for people with disability but places planning, consultation, publishing and reporting burdens on public authorities and ties outcomes to executive rules, funding conditions and future regulations.
Mechanically, the Disability Inclusion Act 2014 (as reproduced here with its amendment notes) establishes a statutory planning, advisory and reporting architecture for disability inclusion in New South Wales. The Act does the following, in statute-text terms:
Creates a mandatory whole‑of‑government State Disability Inclusion Plan to be prepared by the Department of Communities and Justice, and requires that public authorities prepare disability inclusion action plans setting out measures the authority will take to make mainstream supports and services accessible to people with disability (see s 10(1); s 12(1)). Both the State plan and action plans are subject to prescribed timing: they commence “from the day prescribed by the regulations” (see s 2; s 10(1); s 12(1)). The actual operational start therefore depends on regulation and proclamation (s 2).
Sets out non‑justiciable disability principles and group‑specific principles (ss 3-5), and directs those exercising functions under the Act or who provide supported services in connection with financial assistance to “have regard to” those principles (s 6). The Act expressly disclaims any civil cause of action arising from sections 3-6 (s 47(1)).
Continues and reconstitutes the Disability Council NSW with membership, appointment and governance provisions (Part 3; Schedule 1). The Council is given functions that include monitoring government policy, advising the Minister and public authorities, promoting inclusion and consulting with stakeholder bodies (s 17). The Council may request information from public authorities and the public authorities are authorised to comply (s 17(2)-(3)).
Provides for disability service standards to be made by regulation and requires the Secretary to publish the standards (s 20(1)-(2)). It also creates a Secretary‑administered financial assistance power to government departments, local councils or other entities for the objects of the Act, on conditions the Secretary considers appropriate (s 21).
Current sections
Direct links to the current provisions in Disability Inclusion Act 2014.
This Act commences on a day or days to be appointed by proclamation.
Division 2
Objects and principles
Division 2 Objects and principles
Division 2 Objects and principles
3
Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are as follows—
(a) to acknowledge that people with disability have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights,
(b) to promote the independence and social and economic inclusion of people with disability,
(c) to enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports and services,
(d) to provide safeguards in relation to the delivery of supports and services for people with disability,
(e) to support, to the extent reasonably practicable, the purposes and principles of the United Nations Convention on the Rights of Persons with Disabilities,
(f) to provide for responsibilities of the State during and following the transition to the National Disability Insurance Scheme.
4
General principles
4 General principles
4 General principles
(1) For the purposes of this Act, the disability principles relating to people with disability are the general principles set out in this section.
(2) People with disability have an inherent right to respect for their worth and dignity as individuals.
(3) People with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their skills and experience.
(4) People with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities.
(5) People with disability have the same rights as other members of the community to make decisions that affect their lives (including decisions involving risk) to the full extent of their capacity to do so and to be supported in making those decisions if they want or require support.
(6) People with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs.
(7) The right to privacy and confidentiality for people with disability is to be respected.
Note—
This principle does not affect the operation of Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998. The disability principles are principles that certain entities have regard to under this Act (see section 6).
(8) People with disability have the right to live free from neglect, abuse and exploitation.
(9) People with disability have the right to access information in a way that is appropriate for their disability and cultural background, and enables them to make informed choices.
(10) People with disability have the same right as other members of the community to pursue complaints.
(11) The crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected.
Note—
The NSW Carers Charter under the Carers (Recognition) Act 2010 recognises the role and contribution of carers to our community and to the people they care for.
(12) The needs of children with disability as they mature, and their rights as equal members of the community, are to be respected.
(13) The changing abilities, strengths, goals and needs of people with disability as they age are to be respected.
5
Principles recognising the needs of particular groups
5 Principles recognising the needs of particular groups
5 Principles recognising the needs of particular groups
(1) For the purposes of this Act, the disability principles relating to people with disability also include the principles set out in this section.
(2) Supports and services provided to Aboriginal and Torres Strait Islander people with disability are to be provided in a way that—
(a) recognises that Aboriginal and Torres Strait Islander people have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters, and
(b) recognises that many Aboriginal and Torres Strait Islander people with disability may face multiple disadvantage, and
(c) addresses that disadvantage and the needs of Aboriginal and Torres Strait Islander people with disability, and
(d) is informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.
(3) Supports and services provided to people with disability from culturally and linguistically diverse backgrounds are to be provided in a way that—
(a) recognises that cultural, language and other differences may create barriers to providing the supports and services, and
(b) addresses those barriers and the needs of those people with disability, and
(c) is informed by consultation with their communities.
(4) Supports and services provided to women with disability are to be provided in a way that—
(a) recognises that women with disability may face multiple disadvantage and are potentially more vulnerable to risk of abuse or exploitation, and
(b) addresses that disadvantage and risk, and the needs of women with disability, and
(c) is informed by consultation with women with disability.
(5) Supports and services provided to children with disability are to be provided in a way that—
(a) recognises that a child with disability has the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life, and
(b) recognises that children are more vulnerable to risk of abuse or exploitation, and
(c) addresses that right and risk, and ensures the best interests of the child is the primary concern in making decisions affecting the child while also respecting the responsibilities, rights and duties of a parent or other person legally responsible for the child in relation to giving appropriate direction and guidance for the child’s welfare, and
(d) respects the views of the child with disability (having regard to the child’s age and maturity).
(5A) Supports and services provided to LGBTIQ+ people with disability are to be provided in a way that—
(a) addresses the needs of LGBTIQ+ people with disability, and
(b) is informed by consultation with LGBTIQ+ people with disability.
(6) This section does not impose an obligation on anyone to provide supports and services.
s 5: Am 2022 No 35, Sch 1[1].
6
Having regard to disability principles
6 Having regard to disability principles
6 Having regard to disability principles
A person exercising a function under this Act, or providing supports or services to people with disability in connection with the provision of financial assistance under Part 4, should have regard to the disability principles in the exercise of the function or the provision of the supports or services.
s 6: Am 2022 No 35, Sch 1[2]; 2022 No 59, Sch 2.14.
Department means the Department of Communities and Justice.
disability, in relation to a person, includes a long-term physical, psychiatric, intellectual or sensory impairment that, in interaction with various barriers, may hinder the person’s full and effective participation in the community on an equal basis with others.
(c) another entity prescribed by the regulations to be a public authority for the purposes of this definition.
Secretary means the Secretary of the Department.
service includes a service consisting of the supply of goods, whether or not provided with other services.
State Disability Inclusion Plan—see section 10 (1).
supports means assistance provided to a person with disability to do one or more of the following—
(a) to help the person undertake his or her day to day activities,
(b) to increase the person’s independence,
(c) to facilitate the person’s social and economic inclusion in the community.
(2) Notes included in this Act do not form part of this Act.
s 7: Am 2022 No 35, Sch 1[3].
Part 2
Disability planning
Part 2 Disability planning
Part 2 Disability planning
8
Purpose of Part
8 Purpose of Part
8 Purpose of Part
The purpose of this Part is to provide for—
(a) the making of a plan setting out a co-ordinated whole of government approach to creating a more inclusive community in which mainstream services and community facilities are accessible to people with disability to help them achieve their full potential, and
(b) the making of other plans setting out specific measures public authorities are to put in place in relation to people with disability.
9
Guidelines
9 Guidelines
9 Guidelines
(1) The Secretary may issue guidelines to assist public authorities to prepare a disability inclusion action plan.
(2) The Secretary must publish the guidelines on the Department’s website.
10
Requirement for State Disability Inclusion Plan
10 Requirement for State Disability Inclusion Plan
10 Requirement for State Disability Inclusion Plan
(1) The Department must, from the day prescribed by the regulations, prepare and make a State plan (the State Disability Inclusion Plan) that—
(a) sets out whole of government goals that support the inclusion in the community of people with disability and improve access to mainstream services and community facilities by people with disability, and
(b) provides for collaboration and co-ordination among government departments, local councils and other entities in the provision of supports and services.
(2) In preparing the State Disability Inclusion Plan, the Department must consult with—
(a) people with disability, and
(b) the Disability Council, and
(c) disability advocacy organisations.
(3) The Minister is to table a copy of the State Disability Inclusion Plan in each House of Parliament as soon as practicable after the day prescribed under subsection (1).
(4) The State Disability Inclusion Plan must not form part of another document.
(5) The Minister is to make the State Disability Inclusion Plan publicly available.
(6) The Minister must make the State Disability Inclusion Plan available in one or more formats accessible to people with disability.
s 10: Am 2022 No 35, Sch 1[4]–[7].
11
Review and remake of plan
11 Review and remake of plan
11 Review and remake of plan
(1) The Minister is to review the State Disability Inclusion Plan before the end of each 4-year period after the day the Department is required to prepare and make the State Disability Inclusion Plan.
(2) The purpose of the review is to ensure that the whole of government goals set out in the State Disability Inclusion Plan continue to support the inclusion in the community of people with disability and to improve access to mainstream services and community facilities by people with disability.
(3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as practicable after it is completed.
(4) Within 12 months after the tabling of the report, and having taken into account the recommendations made in the report, the Department must remake the State Disability Inclusion Plan, with or without variations.
(5) Section 10 applies to the remaking of the State Disability Inclusion Plan in the same way it applies to the making of the State Disability Inclusion Plan.
s 11: Am 2022 No 35, Sch 1[8]–[10].
12
Requirement for disability inclusion action plans
12 Requirement for disability inclusion action plans
12 Requirement for disability inclusion action plans
(1) Each public authority must, from the day prescribed by the regulations, prepare and make a plan (a disability inclusion action plan) setting out the measures it intends to put in place (in connection with the exercise of its functions) so that people with disability can access general supports and services available in the community, and can participate fully in the community.
(2) In preparing its disability inclusion action plan, a public authority—
(a) must consult with people with disability and have regard to any guidelines issued under section 9, and
(b) may consult with individuals or other entities the authority considers appropriate, including the Disability Council.
(3) A disability inclusion action plan must—
(a) specify how the public authority proposes to have regard to the disability principles in its dealings with matters relating to people with disability, and
(b) include strategies to support people with disability, including, for example, strategies about the following—
(i) providing access to buildings, events and facilities,
(ii) providing access to information,
(iii) accommodating the specific needs of people with disability,
(iv) supporting employment of people with disability,
(v) encouraging and creating opportunities for people with disability to access the full range of services and activities available in the community, and
(c) include details of the authority’s consultation about the plan with people with disability, and
(d) explain how the plan supports the goals of the State Disability Inclusion Plan, and
(e) include any other matters prescribed by the regulations.
(4) A disability inclusion action plan may be a document or part of a document prepared for another purpose if the Secretary is satisfied the document or part fulfils the requirements of subsections (1) and (3).
(5) A public authority must, as soon as practicable after the day it is required to prepare and make a disability inclusion action plan—
(a) give a copy of the plan to the Disability Council, and
(b) make the plan publicly available, and
(c) make the plan available in one or more formats accessible to people with disability.
s 12: Am 2022 No 35, Sch 1[11]–[13].
13
Report on implementation of plans
13 Report on implementation of plans
13 Report on implementation of plans
(1) A public authority that is a government department or local council must, as soon as practicable after preparing its annual report, give the Minister a copy of the part of the annual report relating to the department’s or council’s report on the implementation of its disability inclusion action plan.
(2) A public authority that is not a government department or local council must, as soon as practicable after the end of each financial year, give the Minister a report relating to the authority’s implementation of its disability inclusion action plan during the financial year.
(3) The Minister is to table a report about the implementation of disability inclusion action plans in each House of Parliament as soon as practicable after the end of each financial year.
(1) A public authority must review its disability inclusion action plan before the end of each 4-year period after the day the authority is required to prepare and make the disability inclusion action plan.
(2) The purpose of the review is to ensure the disability inclusion action plan fulfils the requirements of section 12 (1) and (3).
(3) In reviewing its disability inclusion action plan, the public authority must consult with people with disability and have regard to any guidelines issued under section 9.
(4) Within 12 months after the completion of the review, and having taken into account the recommendations made in the review, the public authority must remake the disability inclusion action plan, with or without variations.
(5) Section 12 applies to the remaking of the disability inclusion action plan in the same way it applies to the making of the disability inclusion action plan.
s 14: Am 2022 No 35, Sch 1[14]–[16].
Part 3
Disability Council NSW
Part 3 Disability Council NSW
Part 3 Disability Council NSW
15
Continuation of Disability Council of New South Wales
15 Continuation of Disability Council of New South Wales
15 Continuation of Disability Council of New South Wales
(1) The former council is continued in existence under the name Disability Council NSW (the Disability Council).
(2) In this section—
former council means the Disability Council of New South Wales established under section 16 of the Community Welfare Act 1987.
16
Membership
16 Membership
16 Membership
(1) The Disability Council consists of at least 8 but not more than 12 persons appointed by the Governor.
(2) The members of the Disability Council must include—
(a) members of, or persons employed by, organisations concerned especially with the interests of people with disability, and
(b) other persons with appropriate skills and experience in matters relevant to the interests of people with disability.
(3) The majority of members of the Disability Council must be people with disability.
(4) There is to be a chairperson and a deputy chairperson of the Disability Council.
(5) The chairperson is the member who—
(a) is a person with disability, and
(b) has the qualifications or experience, and is appointed in the way, prescribed by the regulations.
(6) The deputy chairperson is the member appointed as the deputy chairperson in the way prescribed by the regulations.
(7) Schedule 1 contains provisions relating to the membership and procedure of the Disability Council.
17
Functions
17 Functions
17 Functions
(1) The Disability Council has the following functions—
(a) to monitor the implementation of government policy in relation to people with disability and their families,
(b) to advise the Minister on emerging issues relating to people with disability,
(c) to advise public authorities about the content and implementation of disability inclusion action plans,
(d) to advise the Minister about the content and implementation of the State Disability Inclusion Plan and disability inclusion action plans,
(e) to promote the inclusion of people with disability in the community,
(f) to promote community awareness of matters concerning the interests of people with disability and their families,
(g) to consult with the National People with Disabilities and Carer Council and other similar bodies,
(h) to consult with people with disability and undertake research about matters relating to people with disability,
(i) any other functions prescribed by the regulations.
(2) For the purpose of exercising its functions, the Disability Council may request information or advice from any public authority.
(3) A public authority to which a request for information or advice is made is authorised to comply with the request.
18
Assistance to Disability Council
18 Assistance to Disability Council
18 Assistance to Disability Council
The Minister may give assistance, including financial assistance, to the Disability Council to ensure the proper exercise of its functions.
19
Reporting requirements
19 Reporting requirements
19 Reporting requirements
(1) The Disability Council must, if required by the Minister, give the Minister a report about the exercise of its functions.
(2) The report must include information about the matters directed by the Minister.
(3) The report may contain other information or advice the Disability Council considers appropriate.
Part 4
Service standards and financial assistance
Part 4 Service standards and financial assistance
Part 4 Service standards and financial assistance
pt 4: Subst 2022 No 35, Sch 1[17].
20
Disability service standards
20 Disability service standards
20 Disability service standards
(1) The regulations may make provision for or about standards (disability service standards) relating to the provision of supports and services for people with disability to improve the quality and effectiveness of the supports and services.
(2) The Secretary must make the disability service standards publicly available.
s 20: Subst 2022 No 35, Sch 1[17].
21
Financial assistance to promote objects of Act
21 Financial assistance to promote objects of Act
21 Financial assistance to promote objects of Act
(1) The Secretary may provide financial assistance to a government department, local council or another entity for the purpose of promoting the objects of this Act.
(2) The financial assistance may be provided, as the Secretary considers appropriate—
(a) subject to conditions or unconditionally, and
(b) in relation to a particular matter.
s 21: Subst 2022 No 35, Sch 1[17].
22
Secretary may require information
22 Secretary may require information
22 Secretary may require information
(1) This section applies if the Secretary reasonably believes a person receiving, or seeking to receive, financial assistance under section 21 has information or a document in the person’s possession or control relating to—
(a) the provision of the financial assistance, or
(b) obtaining or providing supports or services with the financial assistance, or
(c) compliance with an agreement entered into with the Secretary in relation to the financial assistance.
(2) The Secretary may, by notice given to the person, require the person to give the information or document to the Secretary.
(3) The notice must specify—
(a) the nature of the information or document, and
(b) how the person must give the information or document, and
(c) the reasonable period, of at least 14 days, within which the information or document must be given.
(4) The person must comply with the notice.
Note—
It is an offence under the Crimes Act 1900, section 307B to give false or misleading information to a person exercising a power, authority, duty or function under, or in connection with, a law of the State.
s 22: Subst 2022 No 35, Sch 1[17].
23
Protection from liability for giving information
23 Protection from liability for giving information
23 Protection from liability for giving information
If a person, acting in good faith, gives information or a document in accordance with a requirement under section 22, the person—
(a) is not liable to civil or criminal action for giving the information or document, and
(b) cannot be held to have breached a code of professional etiquette or ethics or departed from accepted standards of professional conduct as a result of giving the information or document.
s 23: Subst 2022 No 35, Sch 1[17].
Part 5
Part 5
Part 5
24–41 (Repealed)
pt 5: Rep 2022 No 35, Sch 1[17].
s 24: Rep 2022 No 35, Sch 1[17].
s 25: Rep 2022 No 35, Sch 1[17].
s 26: Rep 2022 No 35, Sch 1[17].
s 27: Rep 2022 No 35, Sch 1[17].
s 28: Rep 2022 No 35, Sch 1[17].
s 29: Rep 2022 No 35, Sch 1[17].
s 30: Rep 2022 No 35, Sch 1[17].
s 31: Rep 2022 No 35, Sch 1[17].
s 32: Rep 2022 No 35, Sch 1[17].
s 33: Rep 2022 No 35, Sch 1[17].
s 34: Rep 2022 No 35, Sch 1[17].
s 35: Rep 2022 No 35, Sch 1[17].
s 36: Rep 2022 No 35, Sch 1[17].
s 37: Rep 2022 No 35, Sch 1[17].
s 38: Rep 2022 No 35, Sch 1[17].
s 39: Rep 2022 No 35, Sch 1[17].
s 40: Rep 2022 No 35, Sch 1[17].
s 41: Rep 2022 No 35, Sch 1[17].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
42
Act to bind Crown
42 Act to bind Crown
42 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
43
Delegations
43 Delegations
43 Delegations
(1) The Minister may delegate to the Secretary any of the Minister’s functions under this Act, other than this power of delegation.
(2) The Secretary may delegate to an appropriately qualified employee of the Department any of the Secretary’s functions under this Act.
(3) However, the Secretary may delegate a function delegated to the Secretary under subsection (1) only if authorised in writing to do so by the Minister.
44
Proceedings for offence
44 Proceedings for offence
44 Proceedings for offence
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
45
Disclosure of information
45 Disclosure of information
45 Disclosure of information
A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act, or
(c) for the purposes of legal proceedings arising out of this Act or of any report of the proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—50 penalty units.
46
Protection from personal liability
46 Protection from personal liability
46 Protection from personal liability
A matter or thing done or omitted to be done by the Minister or another person does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the Minister or person so acting personally to any action, liability, claim or demand.
47
Sections 3–6 do not give rise to or affect a cause of action
47 Sections 3–6 do not give rise to or affect a cause of action
47 Sections 3–6 do not give rise to or affect a cause of action
(1) Nothing in sections 3–6 nor in any application of those sections by this Act gives rise to, or can be taken into account in, any civil cause of action.
(2) (Repealed)
s 47: Am 2022 No 35, Sch 1[18].
48
48
48 (Repealed)
49
Regulations
49 Regulations
49 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
50
50
50 (Repealed)
51
Review of Act
51 Review of Act
51 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 4 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years.
Schedule 1
Provisions relating to Disability Council
Schedule 1 Provisions relating to Disability Council
Schedule 1 Provisions relating to Disability Council
(Section 16 (7))
Schedule 2
Schedule 2
Schedules 2, 3 (Repealed)
sch 2: Rep 2022 No 35, Sch 1[20].
sch 3: Rep 2022 No 35, Sch 1[20].
Schedule 4
Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions
sch 4: Am 2022 No 35, Sch 1[21].
Schedule 5
Schedule 5
Schedule 5 (Repealed)
sch 5: Rep 1987 No 15, sec 30C.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
Division 1 Introduction
Division 1 Introduction
Division 1 Introduction
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Disability Inclusion Act 2014.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Division 2 Objects and principles
Division 2 Objects and principles
Division 2 Objects and principles
3 Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are as follows—
(a) to acknowledge that people with disability have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights,
(b) to promote the independence and social and economic inclusion of people with disability,
(c) to enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports and services,
(d) to provide safeguards in relation to the delivery of supports and services for people with disability,
(e) to support, to the extent reasonably practicable, the purposes and principles of the United Nations Convention on the Rights of Persons with Disabilities,
(f) to provide for responsibilities of the State during and following the transition to the National Disability Insurance Scheme.
4 General principles
4 General principles
4 General principles
(1) For the purposes of this Act, the disability principles relating to people with disability are the general principles set out in this section.
(2) People with disability have an inherent right to respect for their worth and dignity as individuals.
Gives the Secretary specific information‑gathering powers in relation to recipients or applicants for financial assistance, including a requirement to comply with a notice to supply information or documents within a reasonable period (at least 14 days) (s 22). The Act provides statutory protection for persons acting in good faith who give information in compliance with such notices (s 23).
Imposes confidentiality obligations on persons who obtain information in connection with the Act, with a specified maximum penalty of 50 penalty units for unlawful disclosure (s 45). It provides protection from personal civil liability for the Minister and others acting in good faith under the Act (s 46). Proceedings for offences under the Act may be dealt with summarily in the Local Court (s 44).
Entrusts regulations with substantial implementation detail: defining public authorities by regulation (s 7), prescribing disability service standards (s 20), and providing for other necessary matters (s 49). Several operative elements are explicitly linked to the regulations or to proclamation dates (s 2; s 10(1); s 12(1)).
Practically, the Act converts policy objectives,acknowledging rights and promoting inclusion (s 3),into an administrative machinery that: requires documented planning by public authorities; establishes an advisory and monitoring Council with statutory powers to request information; entrusts standards and definitional breadth to regulation; and ties financial assistance to compliance and information obligations. The Act sets out recurring review and remake cycles (every four years) for both the State plan and the action plans (ss 11, 14).
The official rationale appears in s 3 (objects) and s 8 (purpose of Part 2): the Act aims to facilitate the exercise of rights, promote independence and inclusion, enable choice and control, and provide safeguards. Those are stated purposes; the statutory mechanism for pursuing them is the planning, reporting, advisory and assistance regime summarised above. Key implementation levers are drafting and timing choices in regulations, conditional financial assistance (s 21), and the Secretary and Minister’s powers to publish guidance (s 9), standards (s 20), and to assist the Disability Council (s 18).
Costs, incentives and trade‑offs are concentrated in the following mechanics: public authorities must prepare and publicly publish plans (s 12(1), (5)), which carries administrative cost and reporting obligations (s 13); recipients of Secretary funding are subject to information notices (s 22),the information power is targeted at those who receive financial assistance under s 21,and failure to provide accurate information is policed via the Crimes Act cross‑reference in s 22(3) (see note). Much substantive detail is left to regulations (s 49), producing implementation risk and dependence on regulatory design. The disability principles are directional rather than justiciable (s 6; s 47(1)), so the enforcement architecture relies largely on administrative levers, funding conditions and public reporting rather than judicial remedies.
Main concepts
The Act’s central concepts are set out in the definitions (s 7) and in the objects and principles (ss 3-6). The main statutory concepts are:
Disability and supports: “disability” is defined broadly to include long‑term physical, psychiatric, intellectual or sensory impairment that, interacting with barriers, may hinder full and effective community participation (s 7(1)). “Supports” are defined as assistance to help a person undertake day‑to‑day activities, increase independence, or facilitate social and economic inclusion (s 7(1)). These definitions frame what the plans and standards must address.
State Disability Inclusion Plan: a whole‑of‑government plan the Department must prepare “from the day prescribed by the regulations” (s 10(1)). The State Plan must state whole‑of‑government goals that support inclusion and improve access to mainstream services and facilities, and provide for collaboration among government departments, local councils and other entities (s 10(1)(a)-(b)). The Department must consult specified stakeholders when preparing the plan, including people with disability, the Disability Council, and disability advocacy organisations (s 10(2)). The Minister must table the Plan in both Houses of Parliament and make it publicly available and accessible (s 10(3)-(6)). The Plan must not form part of another document (s 10(4)).
Disability inclusion action plans (DIAPs): each public authority (as defined and including entities prescribed by regulation) must prepare a DIAP “from the day prescribed by the regulations” setting out measures intended to enable people with disability to access general supports and services and participate fully in community life (s 12(1)). DIAPs must include how the authority will have regard to the disability principles, strategies addressing accessibility, information access, accommodation of needs, employment support and opportunities, plus consultation details, linkage to the State Plan goals and any matters prescribed by regulation (s 12(3)(a)-(e)). DIAPs may be part of other documents if the Secretary is satisfied they meet the statutory requirements (s 12(4)). DIAPs must be provided to the Disability Council and made publicly available and accessible (s 12(5)).
Disability principles: a set of general principles recognising rights, dignity, participation, decision‑making, privacy, freedom from abuse, information access and the role of family/carers (s 4). Additional principles recognise needs of Aboriginal and Torres Strait Islander people, culturally and linguistically diverse communities, women, children, and LGBTIQ+ people with disability (s 5). The Act instructs persons exercising functions under it, and those providing services in connection with financial assistance under Part 4, to have regard to these principles (s 6). The Act expressly prevents ss 3-6 giving rise to or affecting a civil cause of action (s 47(1)).
Disability Council NSW: statutory advisory body continued in Part 3 (s 15). The Council’s membership is set by Governor appointments (s 16); a majority of members must be people with disability (s 16(3)). The Council’s functions include monitoring government policy, advising the Minister and public authorities on DIAPs and the State Plan, promoting inclusion and community awareness, consulting and undertaking research (s 17).
Financial assistance and information powers: the Secretary may provide financial assistance to government departments, local councils or other entities to promote the Act’s objects; assistance may be subject to conditions (s 21). The Secretary may require information or documents from persons receiving or seeking to receive financial assistance where the Secretary reasonably believes the person has information relating to provision of the assistance, the supports/services obtained with it, or compliance with an agreement (s 22(1)). Notices must give at least 14 days and specify form and content (s 22(3)). Compliance is mandatory under the notice (s 22(4)). Good‑faith suppliers of information in compliance with a s 22 notice receive statutory protection from civil and criminal liability (s 23).
Disability service standards by regulation: the regulations may establish standards relating to provision of supports and services to improve quality and effectiveness; the Secretary must publish any standards (s 20).
Reporting and review cycles: DIAPs and the State Plan are subject to review and remake cycles every four years, with reporting obligations for public authorities and tabling in Parliament of review outcomes (ss 11-14). Public authorities that are government departments or local councils must include DIAP implementation reporting in their annual reporting processes and supply parts to the Minister (s 13(1)-(3)).
Delegation, Crown binding and confidentiality: the Minister and Secretary may delegate (s 43); the Act binds the Crown (s 42); disclosure restrictions and penalties apply to information obtained in connection with the Act (s 45).
These concepts create intersecting obligations: planning obligations (s 10; s 12) create compliance and reporting duties (s 13), the Council and Department exercise oversight functions (ss 17-19; s 9), financial assistance links to conditionality and information powers (s 21-23), and standards and the definition of public authorities rest on delegated regulation‑making power (s 20; s 49; s 7).
Who it affects
The Act’s coverage is primarily administrative and public sector‑focused, but its mechanisms also affect private entities through funding and regulatory definitions.
Public authorities: statutory duties to prepare DIAPs fall directly on “public authorities” (s 12(1)); the Act defines “public authority” to include government departments, local councils and “another entity prescribed by the regulations” (s 7(1)). That leaves scope for the regulations to extend the DIAP obligation beyond departments and councils. Government departments and local councils also face a specific reporting obligation in relation to DIAP implementation: they must give the Minister the part of their annual report relating to DIAP implementation (s 13(1)).
Disability Council NSW: persons appointed as members are regulated by appointment, term and removal rules in Part 3 and Schedule 1 (s 16; Schedule 1). The majority of Council members must be people with disability (s 16(3)), and the chair must be a person with disability meeting prescribed qualifications (s 16(5)). The council’s operations will affect persons and entities that are the subject of its monitoring and advisory activities (s 17).
Department of Communities and Justice and Secretary: the Department must prepare the State Disability Inclusion Plan (s 10(1)); the Secretary may publish guidance for DIAPs (s 9), publish disability service standards (s 20(2)), give financial assistance (s 21), and issue information notices to recipients of financial assistance (s 22). The Secretary’s decisions thus shape implementation and compliance incentives.
Entities receiving financial assistance: the Secretary may provide conditional financial assistance to government departments, local councils or other entities for promoting the Act’s objects (s 21). Recipients or applicants for such assistance become subject to the Secretary’s information‑gathering powers under s 22 and the conditions attached to assistance (s 21(2)).
People with disability and their families/carers: the Act is framed around their rights and inclusion (s 3). People with disability are given a formal role in consultation requirements for the State Plan and DIAPs (s 10(2); s 12(2)(a)), and DIAPs must be made publicly available in formats accessible to people with disability (s 10(6); s 12(5)(c)). The Disability Council’s functions include consulting with people with disability (s 17(1)(h)).
Service providers: the Act contemplates disability service standards made by regulation (s 20(1)). Standards, once made and published by the Secretary (s 20(2)), will affect providers delivering supports and services that the standards cover. Providers that receive Secretary financial assistance may be caught by the information and compliance provisions (s 21-23).
The Crown and Crown‑entities: the Act expressly binds the Crown in right of New South Wales and, insofar as constitutional power allows, in other capacities (s 42). Crown bodies that are public authorities (for example, State government departments) are therefore within the planning and reporting regime if they meet the public authority definition.
Other entities as prescribed: the statutory definition of “public authority” expressly permits the regulations to prescribe other entities as public authorities for the purposes of the Act (s 7(1)(c)). That is a key lever for expanding the Act’s practical footprint beyond government departments and councils.
Who pays and who decides: the Department/Secretary and the Minister decide plan content, publication, standards and funding conditions (ss 9-13; s 20; s 21). Public authorities (and any entities prescribed by regulation) pay the administrative cost of preparing DIAPs, consulting, implementing measures, and reporting on implementation (s 12; s 13; s 14). Entities receiving Secretary financial assistance incur compliance and information obligations (s 21-23), and the potential cost of satisfying disability service standards once made (s 20).
Coverage timing and uncertainty: several obligations commence “from the day prescribed by the regulations” (s 10(1); s 12(1)); the Act’s operational reach therefore depends materially on regulation and proclamation timing (s 2). Schedule 4 Part 3 contains transitional rules related to the 2022 amendments that modify when some requirements apply to plans made before a commencement date (see Schedule 4, Part 3, clauses 7-11). Those transitional provisions limit immediate application of some new accessibility obligations to plans made or remade after the commencement date (clause 10).
Key duties and rights
The Act creates a mixture of duties (expressed as “must” and “may”) and rights (mainly procedural and access‑related) tied to planning, consultative processes, reporting, confidentiality and information governance. The following are the principal statutory duties and rights, with the relevant sections cited.
Duties imposed on public authorities
Prepare DIAPs: each public authority “must, from the day prescribed by the regulations, prepare and make a plan (a disability inclusion action plan)” detailing measures to enable people with disability to access mainstream services and participate fully in the community (s 12(1)). The duty is mandatory and framed as a statutory obligation.
Consultation and content requirements for DIAPs: in preparing a DIAP a public authority must consult with people with disability and have regard to guidelines issued under s 9; it must include specified content: how it will have regard to the disability principles, strategies covering access to buildings/events/facilities and information, accommodation of needs, employment strategies, opportunities for accessing services and activities, details of consultation, and explanation of how the DIAP supports State Plan goals (s 12(2)-(3)).
Make DIAP publicly available and accessible and provide copy to Disability Council: upon preparing a DIAP a public authority must give a copy to the Disability Council, make the plan publicly available and make it available in one or more formats accessible to people with disability (s 12(5)(a)-(c)).
Review and remake DIAPs: a public authority must review its DIAP before the end of each 4‑year period after it is required to prepare the DIAP, consult with people with disability in the review, and remake the DIAP within 12 months after completing the review, taking into account recommendations (s 14(1)-(4)).
Reporting on implementation: government departments and local councils must, as soon as practicable after preparing their annual report, give the Minister the part of the annual report that relates to DIAP implementation; other public authorities must give the Minister a report after the end of each financial year on implementation (s 13(1)-(2)). The Minister must table a report about DIAP implementation in each House of Parliament (s 13(3)).
Duties and powers of the Department, Minister and Secretary
Prepare State Disability Inclusion Plan: the Department “must” prepare the State Plan from the day prescribed by regulations (s 10(1)). The Department must consult people with disability, the Disability Council and advocacy organisations in preparing the State Plan (s 10(2)).
Table and publish State Plan: the Minister is to table the State Plan in each House as soon as practicable after the prescribed day and must make it publicly available and in accessible formats appropriate for people with disability (s 10(3), (5)-(6)). The State Plan must not form part of another document (s 10(4)).
Issuance of guidelines: the Secretary may issue guidelines to assist public authorities in preparing DIAPs and must publish those guidelines on the Department’s website (s 9(1)-(2)).
Financial assistance: the Secretary may provide financial assistance to government departments, local councils or other entities to promote the Act’s objects; assistance may be conditional (s 21(1)-(2)).
Information notices to recipients of financial assistance: where the Secretary reasonably believes a person receiving or seeking financial assistance has relevant information or documents, the Secretary may require the person to give information or documents by notice specifying the nature of the information, how it is to be given and a reasonable period of at least 14 days (s 22(1)-(3)). The person must comply with the notice (s 22(4)). The Act cross‑references the Crimes Act for false or misleading information to a person exercising a power under State law (note to s 22).
Disability service standards: the regulations may prescribe disability service standards and the Secretary must make them publicly available (s 20(1)-(2)).
Rights and protections
Consultation rights: people with disability are entitled to be consulted in preparation of the State Plan and DIAPs (s 10(2); s 12(2)(a)).
Accessibility of plans: the State Plan and DIAPs must be made available in formats accessible to people with disability (s 10(6); s 12(5)(c)); Schedule 4 Part 3 clause 10 clarifies that the accessibility duty applies only to plans made or remade after the commencement date for certain amendments.
Protection for good‑faith disclosures under s 22: a person acting in good faith who gives information or documents in accordance with a s 22 notice is protected from civil or criminal action for giving that material and is protected from professional discipline or ethical breach allegations as a result of giving it (s 23(a)-(b)).
Confidentiality obligations: persons must not disclose information obtained in connection with administration or execution of the Act unless consented to, in connection with administration or execution of the Act, for legal proceedings arising from the Act, in accordance with an Ombudsman Act requirement, or with other lawful excuse; maximum penalty 50 penalty units (s 45(a)-(e)).
Other legal clarifications
No civil cause of action from principles: sections 3-6 (objects and principles and “have regard” obligation) do not give rise to or affect civil causes of action (s 47(1)). This significantly circumscribes private enforcement based on those principles.
Delegations and Crown: the Minister may delegate to the Secretary, and the Secretary to Department employees, subject to written authorisation for further delegation (s 43); the Act binds the Crown (s 42).
What the Act does not do
The Act does not itself prescribe specific, enforceable accessibility standards in the text; it delegates standards to regulations (s 20(1)). It also leaves commencement timing and the statutory definition breadth of public authorities to regulation (s 2; s 7(1)(c); s 10(1); s 12(1)). The Act contains mandatory planning obligations but does not specify express penalties in the text for failure to prepare a plan. The principal enforcement levers are administrative: conditional funding, reporting and public accountability.
Penalties and enforcement
The Act’s enforcement framework relies predominantly on administrative powers, information compulsion tied to financial assistance, public reporting and a limited set of explicit criminal or civil protections/penalties. The statutory text shows these enforcement mechanisms and limits.
Direct penalties and criminal cross‑reference
Disclosure penalty: s 45 imposes a maximum penalty of 50 penalty units for unlawful disclosure of information obtained under the Act, unless the disclosure falls within enumerated exceptions (consent, administration/execution of the Act, legal proceedings, Ombudsman Act requirement, or other lawful excuse). The Act therefore creates a statutory confidentiality offence with a quantified maximum financial penalty.
Summary proceedings: s 44 provides that proceedings for an offence under this Act may be dealt with summarily before the Local Court. That means most offences created by the Act (for example, the disclosure offence in s 45) will proceed in the Local Court under summary criminal procedures.
False or misleading information: s 22 includes a note that it is an offence under s 307B of the Crimes Act 1900 to give false or misleading information to a person exercising a power, authority, duty or function under or in connection with a law of the State. The Act therefore effectively links the obligation to provide accurate information under s 22 with broader criminal sanctions for false information under the Crimes Act.
Administrative enforcement levers
Information notices to recipients of financial assistance: the Secretary may require recipients or applicants for financial assistance to supply information or documents on matters relating to provision of assistance, how it is used, or compliance with funding agreements (s 22(1)-(3)). The recipient “must comply” with such a notice (s 22(4)). The Act does not specify an administrative penalty within s 22 for failure to comply; enforcement in practice would be through funding conditions, recovery clauses, or referring to general offences if applicable (the Act itself does not insert an explicit sanction for non‑compliance beyond the Crimes Act reference for false information).
Financial assistance conditionality: the Secretary may provide financial assistance subject to conditions (s 21(2)(a)). Conditional funding creates a practical enforcement tool: compliance with DIAPs, standards or information notices may be made a condition of continued funding or of the amount/terms of assistance. Schedule 4 transitional provisions confirm continuity for pre‑existing assistance arrangements, carried forward under s 21 subject to pre‑existing conditions (Schedule 4, cl 8).
Reporting: public authorities that are government departments or local councils must provide DIAP implementation material to the Minister as part of annual reporting; other public authorities must report annually on implementation (s 13(1)-(2)). The Minister must table a report about DIAP implementation in each House of Parliament (s 13(3)). Public reporting creates political and reputational enforcement pressure rather than direct penalties.
Limits on enforcement and private remedies
Non‑justiciability of principles: sections 3-6 set out objects and principles and require that persons “have regard to” those principles (s 6). Section 47(1) expressly provides that ss 3-6 do not give rise to or affect any civil cause of action. That provision removes a direct private right of action founded on those principles. It channels enforcement to administrative and public accountability mechanisms.
Delegation and discretion: the Secretary and Minister have broad discretion to issue guidelines (s 9), to prescribe standards via regulation (s 20), and to provide assistance with or without conditions (s 21). Implementation therefore depends on the exercise of these executive discretions. The Act gives no private enforcement mechanism to compel the Secretary to exercise these discretions in any prescribed way.
Practical enforcement architecture
Administrative compliance will likely be driven by conditional funding (s 21), the Secretary’s information notices (s 22) and public reporting obligations (s 13). The Disability Council’s statutory function to request information and to advise public authorities and the Minister (s 17) creates an oversight channel that can surface breaches or failures in implementation, but it does not itself create coercive sanctions.
Confidentiality and protections: persons who lawfully and in good faith provide information in compliance with s 22 are protected from civil or criminal liability and professional discipline (s 23). The Act therefore protects whistleblowing and compliant disclosure tied to the Secretary’s information powers.
Missing civil enforcement hook: the Act explicitly removes the ability to rely on the stated principles in private litigation (s 47(1)). There is no equivalent provision creating private rights to compel preparation of DIAPs or the State Plan or to litigate their adequacy. Enforcement remains an administrative and political process.
How it interacts with other laws
The Act cross‑references and sits alongside several other statutory instruments by design, and its operational effect depends on how those intersections are managed in practice. Relevant interactions in the text are explicit.
References to Commonwealth and other NSW laws
National Disability Insurance Scheme (NDIS): the definition section (s 7(1)) recognises the National Disability Insurance Scheme under Commonwealth legislation and defines “NDIS arrangements” with reference to the National Disability Insurance Scheme (NSW Enabling) Act 2013. The Act therefore acknowledges the NDIS framework as part of the statutory landscape; the text does not elaborate on operational priority or conflict resolution but places NDIS within the definitional field.
Children and Young Persons (Care and Protection) Act 1998: s 4(7) includes a note that the privacy and confidentiality principle does not affect the operation of Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998. The Act therefore recognises that certain child protection reporting obligations may supersede a general confidentiality principle in the disability principles.
Carers (Recognition) Act 2010: s 4(11) notes the Carers Charter under the Carers (Recognition) Act 2010, acknowledging the role of carers. This is an acknowledgement rather than an operative cross‑reference, but it signals overlap in policy objectives.
Crimes Act 1900: s 22 contains an express cross‑reference to s 307B of the Crimes Act as the offence for giving false or misleading information to a person exercising a power under State law. That cross‑reference operationalises criminal liability for false information supplied under s 22 notices.
Ombudsman Act 1974: s 45(d) provides an exception to confidentiality for disclosures made in accordance with a requirement imposed under the Ombudsman Act. This confirms a legal pathway for oversight bodies to obtain information notwithstanding confidentiality obligations.
Delegation, Crown and employment law intersections
Government Sector Employment Act 2013: Schedule 1, cl 6(1) makes clear the Government Sector Employment Act’s provisions about public service employment do not apply to appointment of Council members. This creates a separation of Council appointments from general public service employment rules (Schedule 1, cl 6(1)).
Crown binding: s 42 binds the Crown in right of New South Wales, and to the extent constitutional power permits the Crown in other capacities. That binds State agencies to the Act’s obligations but is subject to constitutional limits on legislative power.
Delegated regulation interactions
Definition of public authority and standards: the Act leaves to regulation the power to prescribe other entities as “public authorities” for the purposes of DIAP obligations (s 7(1)(c)), and to make disability service standards (s 20(1)). The regulations will therefore determine the practical reach of the Act into government agencies, councils and potentially other entities. Section 49 gives the Governor power to make regulations “not inconsistent with this Act,” producing a framework where the Act operates in tandem with subordinate instrument design.
Transitional interactions following the 2022 amendments
Schedule 4 Part 3 contains transitional provisions consequent on the Disability Inclusion Amendment Act 2022. For example, cl 10 provides that ss 10(6) and 12(5)(c), requiring plans to be available in accessible formats, apply only to State Plans or DIAPs made or remade after the commencement date. Schedule 4 also carries forward financial assistance arrangements and information notices under earlier (repealed) provisions into the updated s 21 and s 22 framework (Schedule 4, cl 8-9). Those transitional rules modulate how the Act interacts with pre‑existing assistance agreements and notices.
Limits on private enforcement and remedies
Non‑justiciability: s 47(1) prevents ss 3-6 from giving rise to a civil cause of action or being taken into account in civil causes of action. This interacts with other laws in that private litigants cannot rely on the Act’s principles as a cause of action; any cross‑statutory claims would need to be founded on other statutory duties or general law. The Act places the burden of enforcement on administrative mechanisms rather than private law remedies.
Taken together, the Act interacts with other laws primarily by acknowledgement and cross‑reference (NDIS, Crimes Act, Ombudsman Act, Carers Act, Children and Young Persons Act) and by delegating definitional and standards detail to regulations that determine the Act’s footprint. Transitional rules moderate the interaction between the 2014 Act and its 2022 amendments, carrying some pre‑existing arrangements forward while making new duties prospective.
Amendment history
The text contains express amendment annotations and a Schedule with transitional provisions tied to the Disability Inclusion Amendment Act 2022. The Act as reproduced shows both the original structure and subsequent amendments reflected in marginal notes. The following is the amendment detail as recorded in the Act text provided:
Amendments from the Disability Inclusion Amendment Act 2022 are annotated throughout the text. Specific amendment annotations include:
s 5: Am 2022 No 35, Sch 1[1].
s 6: Am 2022 No 35, Sch 1[2]; 2022 No 59, Sch 2.14.
s 7: Am 2022 No 35, Sch 1[3].
s 10: Am 2022 No 35, Sch 1[4]-[7].
s 11: Am 2022 No 35, Sch 1[8]-[10].
s 12: Am 2022 No 35, Sch 1[11]-[13].
s 14: Am 2022 No 35, Sch 1[14]-[16].
s 20: Subst 2022 No 35, Sch 1[17].
s 21: Subst 2022 No 35, Sch 1[17].
s 22: Subst 2022 No 35, Sch 1[17].
s 23: Subst 2022 No 35, Sch 1[17].
s 24-41: Rep 2022 No 35, Sch 1[17] (these sections were repealed by the 2022 amendments).
s 47: Am 2022 No 35, Sch 1[18].
s 48: Rep 2022 No 35, Sch 1[19].
Schedule 2 and Schedule 3: Rep 2022 No 35, Sch 1[20].
Schedule 4: Am 2022 No 35, Sch 1[21].
Other repeals noted (Schedule 5 repealed earlier).
The Act contains Schedule 4, which sets out savings, transitional and other provisions including transitional rules consequent on enactment of the Disability Inclusion Amendment Act 2022 (Schedule 4, Part 3). Those transitional provisions cover continuity of financial assistance arrangements, continuation of existing information notices issued under repealed provisions, and the prospective application of accessibility obligations to plans made or remade after the commencement date (Schedule 4, cl 8-10).
Certain parts of the Act were substituted or repealed by the 2022 amendments: Part 4 is shown as substituted (pt 4: Subst 2022 No 35, Sch 1[17]); s 24-41 were repealed by 2022 No 35, Sch 1[17]; Schedule 2 and Schedule 3 were repealed (sch 2 & sch 3: Rep 2022 No 35, Sch 1[20]). The annotations identify which provisions were subject to change but the textual reproduction here reflects the current amended language (including substituted s 20-23 and the removal of repealed sections).
The Act’s commencement remains by proclamation (s 2), and several obligations are tied to “the day prescribed by the regulations” rather than a fixed date in the statute (s 10(1); s 12(1)), meaning regulatory and proclamation actions accompanied the implementation of amendments.
Schedule 4 Part 3 contains explicit transitional definitions and saving provisions that apply to the 2022 amendments, and it defines “amending Act” and “commencement date” for those purposes (Schedule 4, Part 3, cl 7). Clause 11 contains an example of a transitional review deadline for DIAPs made or remade by a local council in 2017.
The Act text as supplied does not provide a legislative history narrative beyond these marginal amendment annotations and the transitional schedules. The amendment annotations identify the 2022 Amendment Act (Disability Inclusion Amendment Act 2022) as the source of the most substantial recent changes, including substitution of Part 4 and repeal of earlier sections, together with transitional measures in Schedule 4.
Litigation history
The statutory text supplied does not list any judicial decisions, case citations or litigation history. The Act itself specifies limitations on the use of its own principles in litigation:
Section 47(1) states that nothing in sections 3-6, nor any application of those sections by the Act, gives rise to or can be taken into account in any civil cause of action. That is a statutory limitation on civil litigation founded on the Act’s objects and principles. The effect within the statute is to prevent private civil actions based solely on those principles.
Given the absence of cases in the text, the Act’s litigation contours must be inferred from its enforcement and rights/obligations structure:
Direct causes of action limited: because ss 3-6 are explicitly non‑justiciable (s 47(1)), private plaintiffs cannot found a civil claim on those statutory principles alone. Any litigation alleging failure to comply with DIAPs or the State Plan would need to be founded on other statutory duties or on common law causes of action not barred by s 47.
Criminal exposure for false information and unlawful disclosure: the Act cross‑references criminal liabilities in two places. The note to s 22 advises that giving false or misleading information to a person exercising a statutory power is an offence under s 307B of the Crimes Act 1900. Section 45 creates an express offence (unlawful disclosure of information obtained in connection with the Act) with a maximum penalty of 50 penalty units and contemplates summary proceedings in the Local Court (s 44). Those are the primary criminalised conduct items directly referenced in the Act.
Administrative review and possible judicial review: the Act confers administrative powers on the Secretary and Minister (for example, to issue guidelines, provide conditional assistance, require information, and publish standards). Decisions made under those powers may, depending on their nature, be subject to administrative law review under general principles of judicial review (not discussed in the Act). The Act itself contains no privative clauses or ouster language; however, s 47(1) circumscribes reliance on the principles in civil causes.
Council requests and obligations to supply information: s 17(2) and (3) authorise the Council to request information from public authorities and authorise compliance. The Act does not set out sanctions for non‑compliance with a Council request; enforcement would therefore be administrative and political unless other statutory provisions apply.
Because the supplied text contains no reported litigation, practitioners should treat the statute as having been designed to rely on administrative levers (funding conditions, reporting, public accountability) rather than individual private enforcement. Any litigation strategy will need to identify statutory duties outside ss 3-6 or common law duties that are not displaced by s 47, or to challenge decisions under general administrative law principles, recognising the limited private enforcement avenues embedded within the Act itself.
Gotchas
The Act contains a number of drafting choices and transitional details that create practical legal and compliance pitfalls. These are concrete points that practitioners advising public authorities, recipients of financial assistance, or disability advocates should note, grounded in the statutory text.
Commencement and regulatory dependence
Several core obligations commence “from the day prescribed by the regulations” (s 10(1); s 12(1)), and the Act’s overall commencement is by proclamation (s 2). That means the Act’s practical reach depends on subordinate instruments. If the regulations prescribe a later date or define “public authority” narrowly, the statutory obligations may not yet apply to an entity that would be captured under a wider interpretation. This sequencing risk can create uncertainty about when the duty to prepare DIAPs and the State Plan actually takes effect.
“Have regard to” vs mandatory conduct, and non‑justiciability
The disability principles are to be “had regard to” by persons exercising functions under the Act and those providing services in connection with financial assistance (s 6). That language is weaker than a positive duty to act in accordance with the principles. Further, s 47(1) expressly prevents ss 3-6 from giving rise to any civil cause of action. The net effect: entities must document how they propose to “have regard to” principles in DIAPs (s 12(3)(a)), but individuals cannot enforce the principles directly in civil proceedings.
DIAPs can be embedded in other documents, but the State Plan cannot
A DIAP may be a document or part of a document prepared for another purpose if the Secretary is satisfied it fulfils statutory requirements (s 12(4)). By contrast, the State Disability Inclusion Plan “must not form part of another document” (s 10(4)). This asymmetry matters for legal compliance: public authorities may fold DIAPs into broader corporate plans subject to Secretary approval, whereas the State Plan must be a standalone instrument.
Scope of “public authority” is regulatory
The Act defines “public authority” to include government departments, local councils and any other entity prescribed by regulation (s 7(1)). This means the Act’s obligations may be extended to bodies beyond immediate government agencies by regulation. Advisers should check the regulations to determine whether an entity is a “public authority” for DIAP obligations.
Accessibility requirement is prospective for some DIAPs
Schedule 4 Part 3, clause 10 makes s 10(6) and s 12(5)(c) (requirements to make plans available in formats accessible to people with disability) apply only to State Plans and DIAPs made or remade after the commencement date of the 2022 amending Act. Older plans prepared before that commencement date may not be required by the Act itself to be in accessible formats. This transitional carve‑out is an example of how amendments can make obligations prospective.
Information notices targeted at funding recipients
The Secretary’s information‑gathering power (s 22) applies when the Secretary reasonably believes a person receiving, or seeking to receive, financial assistance under s 21 has relevant information. That means private entities not receiving financial assistance are not directly subject to s 22 notices. However, many providers receive government funding, and conditionality of funding under s 21(2) can effectively bring them within the Secretary’s information regime.
No express statutory penalty for failing to prepare DIAPs
The Act uses “must” for DIAP preparation (s 12(1)) but does not specify a penalty in the text for non‑preparation. Enforcement relies on administrative levers (funding conditionality, political and reputational pressure, reporting obligations) rather than explicit statutory fines for non‑compliance with the DIAP duty. Practitioners should not assume criminal or civil penalties are available for every kind of non‑compliance; the Act’s enforcement arsenal is mixed.
Confidentiality offence has a financial cap and limited exceptions
Section 45 creates a confidentiality offence with a maximum penalty of 50 penalty units. Exceptions exist (consent, administration/execution, legal proceedings, Ombudsman Act requirement, other lawful excuse), but the statutory cap and exception list should be considered when advising clients handling sensitive material. Good faith disclosures complying with s 22 are protected (s 23).
Disability Council appointment and governance formalities
Council members are appointed by the Governor (s 16(1)), terms of office are limited (Schedule 1, cl 2), and the majority of members must be people with disability (s 16(3)). The chairperson must be a person with disability meeting prescribed qualifications (s 16(5)). These governance rules create specific appointment and quorum considerations (Schedule 1, cl 8). Entities interacting with the Council should anticipate formal information requests under s 17(2).
Discretion in standards and guidelines
Disability service standards are to be made by regulation (s 20(1)), and the Secretary may issue guidelines for DIAPs (s 9). The content and binding nature of standards, and the practical expectations established by guidelines, depend on delegated instruments and departmental implementation. Reliance on guidelines as proof of legal compliance should be cautiously assessed; guidelines assist but do not themselves set statutory obligations unless adopted into regulation or conditionally attached to funding.
These technical points produce practical compliance workstreams: timeline verification against regulations and proclamations, assessing whether an entity is a “public authority,” preparing DIAPs that document “having regard” to principles while recognising the lack of private enforceability, and ensuring information governance and confidentiality controls comply with s 45 and accommodate s 22 notices. The Act’s dependence on delegated rules and funding conditionality means compliance strategy must track subordinate instruments and departmental practice closely.
How to comply
Practical compliance for public authorities, departmental actors, and recipients of financial assistance follows from the Act’s text. Below are concrete steps and control points that implementers should adopt, linked to the relevant statutory provisions.
For public authorities (government departments, local councils and any entity prescribed by regulation)
Verify status and commencement timing
Confirm whether your entity is a “public authority” for the purposes of the Act by checking the regulations and any relevant proclamations (s 7(1), s 2). Note the Act’s obligations commence “from the day prescribed by the regulations” (s 10(1); s 12(1)). Record the operative commencement date.
Prepare a DIAP consistent with s 12
Draft a disability inclusion action plan that satisfies the content requirements in s 12(3). Specifically, ensure the DIAP:
Specifies how the authority proposes to have regard to the disability principles (s 12(3)(a)), including documentation of the appraisal process used to “have regard”.
Includes strategies addressing access to buildings, events and facilities; access to information; accommodation of specific needs; strategies to support employment of people with disability; and opportunities for access to services and activities (s 12(3)(b)(i)-(v)).
Records details of consultation with people with disability (s 12(3)(c)).
Explains how the DIAP supports the State Disability Inclusion Plan goals (s 12(3)(d)).
Includes any additional matters prescribed by regulation (s 12(3)(e)).
Consultation obligations
Consult with people with disability as required by s 12(2)(a). Document consultation processes, participants and outcomes. Consider engaging disability advocacy organisations and the Disability Council where appropriate (s 12(2)(b), s 10(2)).
Publication and accessibility
Make the DIAP publicly available and in one or more formats accessible to people with disability (s 12(5)(b)-(c)). Note the transitional rule that accessibility obligations in some cases apply prospectively (Schedule 4, Part 3, cl 10). Ensure publication complies with any Secretary guidance or departmental website requirements.
Provide copy to the Disability Council and integrate reporting
Give a copy of the DIAP to the Disability Council as soon as practicable after preparation (s 12(5)(a)). Integrate DIAP implementation reporting into your annual report process, and be prepared to provide the Minister the part of the annual report relating to DIAP implementation (s 13(1)-(2)).
Review and update cycle
Schedule a formal review of the DIAP before the end of each 4‑year period after the DIAP was required, consult with people with disability in the review, and remake the plan within 12 months following the review, having regard to the recommendations (s 14(1)-(4)). Maintain records of reviews and remaking decisions.
Align with State Plan and standards
Ensure DIAP strategies support the State Disability Inclusion Plan goals (s 12(3)(d)). Monitor for the promulgation of disability service standards under regulation (s 20(1)) and align DIAP implementation plans, procurement and service delivery practices accordingly.
For the Department, Minister and Secretary
Prepare and publish the State Disability Inclusion Plan
Prepare the State Plan in accordance with s 10(1), consult with people with disability, the Disability Council and advocacy organisations (s 10(2)), and ensure the Plan is tabled in both Houses of Parliament and made publicly available and
(3) People with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their skills and experience.
(4) People with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities.
(5) People with disability have the same rights as other members of the community to make decisions that affect their lives (including decisions involving risk) to the full extent of their capacity to do so and to be supported in making those decisions if they want or require support.
(6) People with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs.
(7) The right to privacy and confidentiality for people with disability is to be respected.
Note—
This principle does not affect the operation of Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998. The disability principles are principles that certain entities have regard to under this Act (see section 6).
(8) People with disability have the right to live free from neglect, abuse and exploitation.
(9) People with disability have the right to access information in a way that is appropriate for their disability and cultural background, and enables them to make informed choices.
(10) People with disability have the same right as other members of the community to pursue complaints.
(11) The crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected.
Note—
The NSW Carers Charter under the Carers (Recognition) Act 2010 recognises the role and contribution of carers to our community and to the people they care for.
(12) The needs of children with disability as they mature, and their rights as equal members of the community, are to be respected.
(13) The changing abilities, strengths, goals and needs of people with disability as they age are to be respected.
5 Principles recognising the needs of particular groups
5 Principles recognising the needs of particular groups
5 Principles recognising the needs of particular groups
(1) For the purposes of this Act, the disability principles relating to people with disability also include the principles set out in this section.
(2) Supports and services provided to Aboriginal and Torres Strait Islander people with disability are to be provided in a way that—
(a) recognises that Aboriginal and Torres Strait Islander people have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters, and
(b) recognises that many Aboriginal and Torres Strait Islander people with disability may face multiple disadvantage, and
(c) addresses that disadvantage and the needs of Aboriginal and Torres Strait Islander people with disability, and
(d) is informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.
(3) Supports and services provided to people with disability from culturally and linguistically diverse backgrounds are to be provided in a way that—
(a) recognises that cultural, language and other differences may create barriers to providing the supports and services, and
(b) addresses those barriers and the needs of those people with disability, and
(c) is informed by consultation with their communities.
(4) Supports and services provided to women with disability are to be provided in a way that—
(a) recognises that women with disability may face multiple disadvantage and are potentially more vulnerable to risk of abuse or exploitation, and
(b) addresses that disadvantage and risk, and the needs of women with disability, and
(c) is informed by consultation with women with disability.
(5) Supports and services provided to children with disability are to be provided in a way that—
(a) recognises that a child with disability has the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life, and
(b) recognises that children are more vulnerable to risk of abuse or exploitation, and
(c) addresses that right and risk, and ensures the best interests of the child is the primary concern in making decisions affecting the child while also respecting the responsibilities, rights and duties of a parent or other person legally responsible for the child in relation to giving appropriate direction and guidance for the child’s welfare, and
(d) respects the views of the child with disability (having regard to the child’s age and maturity).
(5A) Supports and services provided to LGBTIQ+ people with disability are to be provided in a way that—
(a) addresses the needs of LGBTIQ+ people with disability, and
(b) is informed by consultation with LGBTIQ+ people with disability.
(6) This section does not impose an obligation on anyone to provide supports and services.
s 5: Am 2022 No 35, Sch 1[1].
6 Having regard to disability principles
6 Having regard to disability principles
6 Having regard to disability principles
A person exercising a function under this Act, or providing supports or services to people with disability in connection with the provision of financial assistance under Part 4, should have regard to the disability principles in the exercise of the function or the provision of the supports or services.
s 6: Am 2022 No 35, Sch 1[2]; 2022 No 59, Sch 2.14.
Division 3 Interpretation
Division 3 Interpretation
Division 3 Interpretation
7 Definitions
7 Definitions
7 Definitions
(1) In this Act—
carer means a carer within the meaning of the Carers (Recognition) Act 2010.
Department means the Department of Communities and Justice.
disability, in relation to a person, includes a long-term physical, psychiatric, intellectual or sensory impairment that, in interaction with various barriers, may hinder the person’s full and effective participation in the community on an equal basis with others.
NDIS arrangements has the meaning it has in the National Disability Insurance Scheme (NSW Enabling) Act 2013.
public authority means all of the following—
(a) a government department,
(b) a local council,
(c) another entity prescribed by the regulations to be a public authority for the purposes of this definition.
Secretary means the Secretary of the Department.
service includes a service consisting of the supply of goods, whether or not provided with other services.
State Disability Inclusion Plan—see section 10 (1).
supports means assistance provided to a person with disability to do one or more of the following—
(a) to help the person undertake his or her day to day activities,
(b) to increase the person’s independence,
(c) to facilitate the person’s social and economic inclusion in the community.
(2) Notes included in this Act do not form part of this Act.
s 7: Am 2022 No 35, Sch 1[3].
Part 2 Disability planning
Part 2 Disability planning
Part 2 Disability planning
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
8 Purpose of Part
8 Purpose of Part
8 Purpose of Part
The purpose of this Part is to provide for—
(a) the making of a plan setting out a co-ordinated whole of government approach to creating a more inclusive community in which mainstream services and community facilities are accessible to people with disability to help them achieve their full potential, and
(b) the making of other plans setting out specific measures public authorities are to put in place in relation to people with disability.
9 Guidelines
9 Guidelines
9 Guidelines
(1) The Secretary may issue guidelines to assist public authorities to prepare a disability inclusion action plan.
(2) The Secretary must publish the guidelines on the Department’s website.
Division 2 State Disability Inclusion Plan
Division 2 State Disability Inclusion Plan
Division 2 State Disability Inclusion Plan
10 Requirement for State Disability Inclusion Plan
10 Requirement for State Disability Inclusion Plan
10 Requirement for State Disability Inclusion Plan
(1) The Department must, from the day prescribed by the regulations, prepare and make a State plan (the State Disability Inclusion Plan) that—
(a) sets out whole of government goals that support the inclusion in the community of people with disability and improve access to mainstream services and community facilities by people with disability, and
(b) provides for collaboration and co-ordination among government departments, local councils and other entities in the provision of supports and services.
(2) In preparing the State Disability Inclusion Plan, the Department must consult with—
(a) people with disability, and
(b) the Disability Council, and
(c) disability advocacy organisations.
(3) The Minister is to table a copy of the State Disability Inclusion Plan in each House of Parliament as soon as practicable after the day prescribed under subsection (1).
(4) The State Disability Inclusion Plan must not form part of another document.
(5) The Minister is to make the State Disability Inclusion Plan publicly available.
(6) The Minister must make the State Disability Inclusion Plan available in one or more formats accessible to people with disability.
s 10: Am 2022 No 35, Sch 1[4]–[7].
11 Review and remake of plan
11 Review and remake of plan
11 Review and remake of plan
(1) The Minister is to review the State Disability Inclusion Plan before the end of each 4-year period after the day the Department is required to prepare and make the State Disability Inclusion Plan.
(2) The purpose of the review is to ensure that the whole of government goals set out in the State Disability Inclusion Plan continue to support the inclusion in the community of people with disability and to improve access to mainstream services and community facilities by people with disability.
(3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as practicable after it is completed.
(4) Within 12 months after the tabling of the report, and having taken into account the recommendations made in the report, the Department must remake the State Disability Inclusion Plan, with or without variations.
(5) Section 10 applies to the remaking of the State Disability Inclusion Plan in the same way it applies to the making of the State Disability Inclusion Plan.
s 11: Am 2022 No 35, Sch 1[8]–[10].
Division 3 Disability inclusion action plans
Division 3 Disability inclusion action plans
Division 3 Disability inclusion action plans
12 Requirement for disability inclusion action plans
12 Requirement for disability inclusion action plans
12 Requirement for disability inclusion action plans
(1) Each public authority must, from the day prescribed by the regulations, prepare and make a plan (a disability inclusion action plan) setting out the measures it intends to put in place (in connection with the exercise of its functions) so that people with disability can access general supports and services available in the community, and can participate fully in the community.
(2) In preparing its disability inclusion action plan, a public authority—
(a) must consult with people with disability and have regard to any guidelines issued under section 9, and
(b) may consult with individuals or other entities the authority considers appropriate, including the Disability Council.
(3) A disability inclusion action plan must—
(a) specify how the public authority proposes to have regard to the disability principles in its dealings with matters relating to people with disability, and
(b) include strategies to support people with disability, including, for example, strategies about the following—
(i) providing access to buildings, events and facilities,
(ii) providing access to information,
(iii) accommodating the specific needs of people with disability,
(iv) supporting employment of people with disability,
(v) encouraging and creating opportunities for people with disability to acc
This is an opening excerpt, not the complete document.