Schedule 3 — Provisions applicable to the Board of the Commission
[s. 7(4)]
[Heading amended: No. 19 of 2010 s. 4.]
Tenure of office
(1) A member of the Board —
(a) holds office for such term not exceeding 3 years as is specified in the instrument appointing the member; and
(b) except in the case of the chairperson, is not to hold office for more than 6 years continuously; and
(c) is not to be reappointed unless 3 years have elapsed since —
(i) the end of a 6 year period of holding office continuously or, in the case of a person who has held office for a period greater than 6 years continuously, the end of that period of holding office; or
(ii) he or she resigned from office; or
(iii) his or her appointment was terminated;
and
(d) may resign from office by notice in writing delivered to the Minister.
(2) The Minister may terminate the appointment of a member —
(a) if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office; or
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is an insolvent under administration, as that expression is defined in the Corporations Act 2001 of the Commonwealth; or
(d) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Board of which the member has had notice; or
(e) for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Board.
(3) A member whose term of office expires due to the effluxion of time continues in office until he or she is reappointed or a successor comes into office (as the case may be).
[Clause 1 amended: No. 44 of 1999 s. 25(1) and (2); No. 10 of 2001 s. 220.]
Chairperson
(1) The Minister is to appoint one of the members of the Board to be chairperson and another to be deputy chairperson.
(2) The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.
Meetings
(1) The Board, subject to this Schedule, is to determine the procedure for convening and conducting its meetings.
(2) At a meeting of the Board —
(a) the chairperson, or in his or her absence the deputy chairperson, is to preside; or
Schedule Sch 3 - Disability Services Act 1993 - Provisions applicable to the Board of the Commission | Zoe
(b) in the absence of both those members, a member elected by the members present is to preside.
(3) The Board must keep minutes of its meetings.
Remuneration
A member of the Board is entitled to such remuneration and allowances as are determined by the Minister from time to time on the recommendation of the Public Sector Commissioner.
[Clause 4 amended: No. 44 of 1999 s. 25(3); No. 39 of 2010 s. 89.]
Schedule 4 — Provisions applicable to the Commission’s personnel
[s. 11]
[Heading amended: No. 19 of 2010 s. 4.]
Superannuation
(1) If a person was a contributor within the meaning of the Superannuation and Family Benefits Act 1938 1 immediately before being appointed to the personnel of the Commission, the person may continue to be a contributor under that Act after being appointed.
(2) For the purpose of subclause (1) the Commission —
(a) is a department within the meaning of the Superannuation and Family Benefits Act 1938 1; and
(b) is to pay to the Board under that Act payments of the kind described in paragraph (i) of the proviso to the definition of department in section 6 of that Act.
Saving of leave entitlements
(1) If a person occupied an office in the Public Service immediately before being appointed to the personnel of the Commission, the person retains existing and accruing entitlements in respect of leave of absence as if service in the personnel of the Commission were a continuation of service in the office in the Public Service.
(2) A person who ceases to be a member of the personnel of the Commission and becomes the holder of an office in the Public Service retains existing and accruing entitlements in respect of leave of absence as if service in the Public Service were a continuation of service in the personnel of the Commission.
Schedule 5 — Provisions applicable to the Ministerial Advisory Council on Disability
[s. 22(3)]
[Heading inserted: No. 57 of 2004 s. 34(1).]
Tenure of office
(1) A member of the Council —
(a) holds office for such term not exceeding 2 years as is specified in the instrument appointing the member; and
(b) may be reappointed for a further term but is not to hold office for more than 2 consecutive terms unless subclause (1a) applies; and
(c) may resign from office by notice in writing delivered to the Minister.
(1a) Despite subclause (1)(b), a member of the Council may be reappointed for a third consecutive term if the Minister wishes to appoint that member to be the chairperson under clause 2(1).
(1B) Despite subclauses (1) and (1a), the deputy chairperson may have his or her appointment extended for up to a year, at the discretion of the Minister.
(2) The Minister may terminate the appointment of a member —
(a) if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office; or
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is an insolvent under administration, as that expression is defined in the Corporations Act 2001 of the Commonwealth; or
(d) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Council of which the member has had notice; or
(e) for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Council.
[Clause 1 amended: No. 10 of 2001 s. 220; No. 57 of 2004 s. 34(2) and (3); No. 40 of 2012 s. 23.]
Chairperson
(1) The Minister is to appoint one of the members of the Council to be the chairperson.
(2) The Council is to elect one member to be the deputy chairperson.
(3) The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.
Meetings
(1) The Council, subject to this Schedule, is to determine the procedure for convening and conducting its meetings.
(2) At a meeting of the Council —
(a) the chairperson, or in his or her absence the deputy chairperson, is to preside; or
(b) in the absence of both of those members, a member elected by the members present is to preside.
(3) The Council must keep minutes of its meetings.
Remuneration
A member of the Council is entitled to such remuneration and allowances as are determined by the Minister from time to time on the recommendation of the Public Sector Commissioner.
[Clause 4 amended: No. 44 of 1999 s. 26; No. 39 of 2010 s. 89.]
[Schedule 6 omitted under the Reprints Act 1984 s. 7(4)(e).]
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Notes
This is a compilation of the Disability Services Act 1993 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Disability Services Act 1993 2
36 of 1993
16 Dec 1993
23 Dec 1993 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 19
32 of 1994
29 Jun 1994
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Health Services (Conciliation and Review) Act 1995 s. 80(2)
75 of 1995
9 Jan 1996
16 Aug 1996 (see s. 2 and Gazette 16 Aug 1996 p. 4007)
Financial Legislation Amendment Act 1996 s. 64
49 of 1996
25 Oct 1996
25 Oct 1996 (see s. 2(1))
Disability Services Amendment Act 1999 3
44 of 1999
25 Nov 1999
25 Nov 1999 (see s. 2)
Reprint of the Disability Services Act 1993 as at 26 May 2000 (includes amendments listed above)
Corporations (Consequential Amendments) Act 2001 s. 220
10 of 2001
28 Jun 2001
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Children and Community Services Act 2004 Sch. 2 cl. 7
34 of 2004
20 Oct 2004
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)
Carers Recognition Act 2004 Pt. 5 Div. 1
37 of 2004
28 Oct 2004
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7127)
Disability Services Amendment Act 2004 4
57 of 2004
18 Nov 2004
s. 1 and 2: 18 Nov 2004; Act other than s. 1 and 2: 15 Dec 2004 (see s. 2 and Gazette 14 Dec 2004 p. 5999)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004
23 Nov 2004
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 467 5
55 of 2004
24 Nov 2004
24 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80
84 of 2004
16 Dec 2004
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Financial Administration Legislation Amendment Act 2005 s. 38
5 of 2005
27 Jun 2005
1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6243)
Reprint 2: The Disability Services Act 1993 as at 15 Jul 2005 (includes amendments listed above except those in the Children and Community Services Act 2004 and the Financial Administration Legislation Amendment Act 2005)
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15
38 of 2005
12 Dec 2005
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 5 Div. 1
28 of 2006
26 Jun 2006
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Volunteers (Protection from Liability) Amendment Act 2006 s. 12(2)
53 of 2006
26 Oct 2006
2 Dec 2006 (see s. 2 and Gazette 1 Dec 2006 p. 5297)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 45
77 of 2006
21 Dec 2006
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Reprint 3: The Disability Services Act 1993 as at 21 Sep 2007 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 4
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Health and Disability Services Legislation Amendment Act 2010 Pt. 3
33 of 2010
30 Aug 2010
30 Nov 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757)
Public Sector Reform Act 2010 s. 89
39 of 2010
1 Oct 2010
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Disability Services Amendment Act 2012
40 of 2012
22 Nov 2012
s. 1 and 2: 22 Nov 2012 (see s. 2(a)); Act other than s. 1 and 2: 12 Jun 2013 (see s. 2(b) and Gazette 11 Jun 2013 p. 2161)
Reprint 4: The Disability Services Act 1993 as at 2 Aug 2013 (includes amendments listed above)
Disability Services Amendment Act 2014
10 of 2014
24 Jun 2014
s. 1 and 2: 24 Jun 2014 (see s. 2(a)); Act other than s. 1 and 2: 1 Jul 2014 (see s. 2(b)(i))
17 Jun 2015 (see s. 2(b) and Gazette 16 Jun 2015 p. 2071)
Procurement Act 2020 Pt. 10 Div. 2
24 of 2020
19 Jun 2020
1 Jun 2021 (see s. 2(b) and SL 2020/244 cl. 2(c))
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 12
10 of 2023
13 Apr 2023
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 75
43 of 2000
2 Nov 2000
To be proclaimed (see s. 2(2))
Other notes
1 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.