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Disability Inclusion Act 2018
Part 1Preliminary
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Part 1—Preliminary
1—Short title
This Act may be cited as the Disability Inclusion Act 2018.
2—Commencement
(1) This Act will come into operation on a day to be fixed by proclamation.
(2) Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.
3—Interpretation
(1) In this Act, unless the contrary intention appears—
barrier includes something that is—
(a) physical, architectural, technological or attitudinal; or
(b) based on information or communications; or
(c) the result of a policy or practice;
central assessment unit means the central assessment unit established under the Child Safety (Prohibited Persons) Act 2016;
Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;
community visitor means a community visitor appointed under Part 7;
disability, in relation to a person, includes long-term physical, psycho‑social, intellectual, cognitive, neurological or sensory impairment, or a combination of any of these impairments, which in interaction with various barriers may hinder the person's full and effective participation in society on an equal basis with others;
disability access and inclusion plan, in relation to a State authority, means the disability access and inclusion plan, as in force from time to time, prepared by the State authority under section 16;
National Disability Insurance Scheme or NDIS means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 of the Commonwealth;
Registrar means the Registrar of the central assessment unit within the meaning of the Child Safety (Prohibited Persons) Act 2016;
State authority means—
(a) an administrative unit (within the meaning of the Public Sector Act 2009); or
(b) an agency or instrumentality of the Crown, or agency or instrumentality of the Crown of a class, prescribed by the regulations for the purposes of this paragraph; or
(c) a local council constituted under the Local Government Act 1999; or
(d) any other person or body, or person or body of a class, declared by the regulations to be included in the ambit of this paragraph for the purposes of this Act,
but does not include a person or body, or person or body of a class, declared by the regulations to be excluded from the ambit of this definition for the purposes of this Act;
State Disability Inclusion Plan means the State Disability Inclusion Plan prepared under section 13, as in force from time to time;
Tribunal means the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.
(2) For the purposes of this Act, a reference to mainstream supports and services will be taken to be a reference to supports and services (however described) that are not NDIS‑funded supports and services.
4—Interaction with other laws
Except where the contrary intention appears, the provisions of this Act are in addition to, and do not derogate from, any other Act or law.
5—Act to bind, and impose criminal liability on, the Crown
(1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2) The Crown is liable for an offence against this Act.
(3) If the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate.
6—Part 2 not to create legally enforceable rights etc