Disability Inclusion Act 2014

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).

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).

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.

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.

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.

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.

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.

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.

1. 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.

2. “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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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).

9. 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).

10. 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.

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)

1. 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.

2. 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)).

3. 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)).

4. 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.

5. 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)).

6. 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.

7. 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

1. 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