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Disability Inclusion Act 2018
Part 4State Disability Inclusion Plan
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Part 4—State Disability Inclusion Plan
13—State Disability Inclusion Plan
(1) There is to be a State Disability Inclusion Plan.
(2) The State Disability Inclusion Plan is to be prepared by the Minister in accordance with this section.
(3) The State Disability Inclusion Plan—
(a) must set out whole‑of‑Government policies and measures for achieving the objects of this Act throughout the State (and, in particular, measures that further the goal of achieving full inclusion in the community, and the achievement of their full potential as equal citizens, of people with disability including by adopting targets for the employment of people living with disability in the South Australian public service); and
(b) must provide for collaboration and coordination among State authorities and other entities in relation to the provision of mainstream supports and services to people with disability; and
(ba) must contain provisions—
(i) setting out whole‑of‑Government policies and strategies for giving effect to the principles and purposes of the United Nations Convention on the Rights of Persons with Disabilities, as well as any other relevant international human rights instruments affecting people with disability, as in force from time to time; and
(ii) setting out strategies to ensure that the needs of persons referred to in section 9(2), (3), (4), (5), (5a), (5b) and (5c) are properly addressed by the State Disability Inclusion Plan; and
(iii) specifying priority areas for improvement in relation to inclusion; and
(iv) specifying measurable outcomes for each priority area identified in the State Disability Inclusion Plan; and
(c) must contain such other provisions as may be required by the regulations.
(4) In preparing the State Disability Inclusion Plan, the Minister—
(a) must, in accordance with any requirements set out in the regulations, consult with people with disability and persons or bodies representing the interests of people with disability (and may consult with any other persons or bodies that the Minister thinks fit); and
(b) must call for submissions from members of the public in accordance with a scheme set out in the regulations (and must have regard to the submissions made in response to the call); and
(ba) must ensure that any documents prepared for the purposes of paragraph (a) are in a form that is accessible to people with disability; and
(c) must comply with any other requirements prescribed by the regulations.
(5) The Minister may vary the State Disability Inclusion Plan at any time in accordance with any requirements set out in the regulations for the purposes of this subsection.
(6) The Minister must cause the State Disability Inclusion Plan, and any variation of the plan, to be published in the Gazette.
(7) The State Disability Inclusion Plan, and any variation of the plan, has effect from the day on which it is published in the Gazette.
(8) The Minister must, within 6 sitting days after the State Disability Inclusion Plan or any variation is published in the Gazette, cause a copy of the State Disability Inclusion Plan, or the plan as varied, (as the case requires) to be laid before both Houses of Parliament.
(9) The Minister must publish the State Disability Inclusion Plan, and any variation of the plan, on a website determined by the Minister.
(10) However, a failure to comply with a provision of this section does not affect the validity of the State Disability Inclusion Plan.
(11) Each prescribed person or body must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the State Disability Inclusion Plan (however, a prescribed person or body will be taken not to be in breach of this subsection if the State authority is acting in accordance with a requirement under this or any other Act or law).
(12) In this section—
(a) each State authority; and
(b) each public sector agency (within the meaning of the Public Sector Act 2009); and
(c) any other person or body, or person or body of a class, prescribed by the regulations for the purposes of this paragraph.
14—Annual report on operation of State Disability Inclusion Plan
(1) The Chief Executive must, on or before 30 June in each year, report to the Minister on the operation of the State Disability Inclusion Plan during the preceding calendar year.
(2) The Minister must, within 6 sitting days after receiving a report from the Chief Executive, have copies of the report laid before both Houses of Parliament.
(3) A report under subsection (1) must include details of any systemic issues raised with the Minister and—
(a) if action has been taken or is proposed to be taken in relation to an issue raised with the Minister—details of that action or proposed action; and
(b) if no action is to be taken in relation to an issue raised with the Minister—the reasons for not taking action.
15—Review of State Disability Inclusion Plan
(1) The Minister must cause a review of the State Disability Inclusion Plan to be undertaken at least once in each 4 year period, and a report on the review to be prepared and submitted to the Minister.
(2) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.
(3) A report submitted to the Minister for the purposes of subsection (1) must include, or be accompanied by, information about any changes recommended to be made to the State Disability Inclusion Plan as a result of the review.