DISABILITY ACT 2006 - NOTES
DISABILITY ACT 2006 - NOTES
Version No.
048
No. 23 of 2006 Version incorporating amendments as at 1 September 2023
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Version No. 048
Disability Act 2006
No. 23 of 2006 Version incorporating amendments as at 1 September 2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second
reading speech—
Legislative Assembly: 1 March 2006
Legislative Council: 4 April 2006
The long title for the Bill for this Act was "to enact a new legislative
scheme for persons with a disability, to repeal the Intellectually Disabled
Persons' Services Act 1986 and the Disability Services Act 1991 , to
amend certain other Acts and for other purposes."
The Disability Act 2006 was assented to on 16 May 2006 and came into
operation as follows:
Sections 1 , 2 on 17 May 2006: section 2(1) ; rest of Act on 1 July 2007:
section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984
(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act. See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to
the Disability Act 2006 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Disability Act 2006 ,
No. 23/2006
Assent Date:
16.5.06
Commencement Date:
S. 241(4) inserted on 1.7.19 by No. 19/2019
s. 125: Special Gazette (No. 254) 25.6.19 p. 1
Note:
S. 241(4) repealed s. 241 on
1.7.21
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Public Sector Acts (Further Workplace Protection and
Other Matters) Act 2006, No. 80/2006
Health Professions Registration Amendment Act 2007,
No. 25/2007
Assent Date:
26.6.07
Commencement Date:
S. 34 on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Statute Law Amendment (Evidence Consequential Provisions)
Act 2009, No. 69/2009
Assent Date:
24.11.09
Commencement Date:
S. 54(Sch. Pt 1 item 16), (Sch. Pt 2 item 19) on 1.1.10: s.
2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Fair Work (Commonwealth Powers) Amendment Act 2009,
No. 74/2009
Assent Date:
1.12.09
Commencement Date:
S. 10 on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Serious Sex Offenders (Detention and Supervision) Act
2009, No. 91/2009
Assent Date:
15.12.09
Commencement Date:
S. 219(Sch. 3 item 1) on 1.1.10: Government Gazette 24.12.09
p. 3397
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Statute Law Amendment (National Health Practitioner
Regulation) Act 2010, No. 13/2010
Health and Human Services Legislation Amendment Act 2010,
No. 29/2010
Assent Date:
8.6.10
Commencement Date:
S. 11 on 23.6.10; ss 7 –10 , 12 on 1.7.10: Special
Gazette (No. 235) 23.6.10 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Statute Law Revision Act 2011 , No.
29/2011
Serious Sex Offenders (Detention and Supervision)
Amendment Act 2011, No. 83/2011
Assent Date:
21.12.11
Commencement Date:
S. 18 on 1.3.12: Special Gazette (No. 45) 21.2.12
p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Carers Recognition Act 2012 , No.
10/2012
Assent Date:
20.3.12
Commencement Date:
S. 14 on 1.7.12: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Associations Incorporation Reform Act 2012 , No.
20/2012
Assent Date:
1.5.12
Commencement Date:
S. 226(Sch. 5 item 11) on 26.11.12: Special Gazette (No.
384) 20.11.12 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Disability Amendment Act 2012, No.
22/2012
Assent Date:
8.5.12
Commencement Date:
Ss 4 –83 on 1.7.12: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Co-operatives National Law Application Act 2013 , No.
9/2013
Assent Date:
13.3.13
Commencement Date:
S. 42(Sch. 2 item 8) on 3.3.14: Special Gazette
(No. 46) 18.2.14 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Statute Law Amendment (Directors' Liability) Act 2013,
No. 13/2013
Assent Date:
13.3.13
Commencement Date:
S. 55 on 14.3.13: s. 2
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Disability Amendment Act 2013, No.
75/2013
Assent Date:
17.12.13
Commencement Date:
18.12.13: s. 2
Current State:
All of Act in operation
Mental Health Act 2014 , No. 26/2014
Assent Date:
8.4.14
Commencement Date:
S. 455(Sch. item 35) on 1.7.14: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Victoria Police Amendment (Consequential and Other
Matters) Act 2014, No. 37/2014
Assent Date:
3.6.14
Commencement Date:
S. 10(Sch. item 45) on 1.7.14: Special Gazette
(No. 200) 24.6.14 p. 2
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Criminal Organisations Control and Other Acts Amendment
Act 2014, No. 55/2014
Assent Date:
26.8.14
Commencement Date:
S. 146 on 31.10.14: Special Gazette (No. 330) 23.9.14 p.
1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Powers of Attorney Act 2014 , No.
57/2014
Assent Date:
26.8.14
Commencement Date:
S. 151 on 1.9.15: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Privacy and Data Protection Act 2014 ,
No. 60/2014
Assent Date:
2.9.14
Commencement Date:
S. 140(Sch. 3 item 12) on 17.9.14: Special Gazette
(No. 317) 16.9.14 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Courts Legislation Miscellaneous Amendments Act 2014, No.
62/2014
Assent Date:
9.9.14
Commencement Date:
Ss 12 , 13 on 10.11.14: Special Gazette (No. 364) 14.10.14 p.
1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Inquiries Act 2014 , No. 67/2014
Assent Date:
23.9.14
Commencement Date:
S. 147(Sch. 2 item 14) on 15.10.14: Special Gazette (No.
364) 14.10.14 p. 2
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Justice Legislation Further Amendment Act 2016,
No. 3/2016
Assent Date:
16.2.16
Commencement Date:
S. 93 on 1.5.16: Special Gazette (No. 114) 26.4.16 p.
1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Health Complaints Act 2016 , No.
22/2016
Assent Date:
3.5.16
Commencement Date:
Ss 169 , 170 on 1.2.17: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Medical Treatment Planning and Decisions Act 2016 , No.
69/2016
Assent Date:
29.11.16
Commencement Date:
S. 156 on 12.3.18: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Children Legislation Amendment (Reportable Conduct) Act
2017, No. 4/2017
Assent Date:
28.2.17
Commencement Date:
S. 15 on 1.7.17: Special Gazette (No. 216) 27.6.17
p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Freedom of Information Amendment (Office of the Victorian
Information Commissioner) Act 2017, No. 20/2017
Family Violence Protection Amendment (Information
Sharing) Act 2017, No. 23/2017
Assent Date:
14.6.17
Commencement Date:
S. 35 on 26.2.18: Special Gazette (No. 40) 6.2.18
p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Disability Amendment Act 2017,
No. 33/2017
Assent Date:
15.8.17
Commencement Date:
Ss 4 –32 on 16.8.17: s. 2
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Serious Sex Offenders (Detention and Supervision)
Amendment (Governance) Act 2017, No. 57/2017
Assent Date:
8.11.17
Commencement Date:
S. 48 on 27.2.18: Special Gazette (No. 49) 13.2.18
p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Oaths and Affirmations Act 2018 , No.
6/2018[2]
Serious Offenders Act 2018 , No.
27/2018
Assent Date:
26.6.18
Commencement Date:
Ss 351(Sch. 4 cl. 20), 358 on 3.9.18: Special Gazette (No.
356) 31.7.18 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Disability Service Safeguards Act 2018 , No.
38/2018
Assent Date:
28.8.18
Commencement Date:
Ss 311–314 on 1.7.19: Special Gazette (No. 254)
25.6.19 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Guardianship and Administration Act 2019 , No.
13/2019
Disability (National Disability Insurance Scheme
Transition) Amendment Act 2019, No. 19/2019
Assent Date:
25.6.19
Commencement Date:
Ss 4 –17 on 26.6.19: s. 2(1) ;
ss 18 –125 on 1.7.19: Special Gazette (No. 254) 25.6.19
p. 1; s. 145(1) −(3) on 2.7.19: Special Gazette (No. 254) 25.6.19
p. 1; ss 126–144 , 145 (4), 146 on 1.7.20: s.
2(4)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Local Government Act 2020 ,
No. 9/2020
Assent Date:
24.3.20
Commencement Date:
S. 390(Sch. 1 item 23.3) on 6.4.20: Special Gazette
(No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 23.1, 23.2) on
24.10.20: s. 2(3)(f)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Worker Screening
Act 2020 , No. 34/2020
Assent
Date:
4.11.20
Commencement Date:
Ss 193 −196 on 1.2.21: Special Gazette (No. 647)
8.12.20 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Justice Legislation Amendment
(Criminal Procedure Disclosure and Other Matters) Act 2022,
No. 1/2022
Assent Date:
15.2.22
Commencement Date:
S. 88 on 29.3.22: Special Gazette (No. 157)
29.3.22 p. 1
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Regulatory Legislation Amendment (Reform) Act 2022,
No. 13/2022
Assent Date:
29.3.22
Commencement Date:
S. 72 on 30.3.22: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Mental Health and Wellbeing
Act 2022 , No. 39/2022 (as amended by
No. 20/2023)
Assent Date:
6.9.22
Commencement Date:
S. 821 on 1.9.23: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
Disability and Social Services Regulation Amendment
Act 2023, No. 9/2023
Assent Date:
23.5.23
Commencement Date:
Ss 3 –84 on 24.5.23: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Disability Act 2006
–––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Section 128
(repealed ): The amendment proposed by section 35 of the Family
Violence Protection Amendment (Information Sharing) Act 2017 ,
No. 23/2017 (repealed ) is not included in this publication
due to the earlier repeal of section 128 by section 27 of the Disability
Amendment Act 2017 , No. 33/2017 (repealed ).
Section 35 read as follows:
35 Disability Act 2006
At the foot of sections 36 and 128 of the Disability Act 2006
insert —
"Note
See also Part 5A of the Family Violence Protection Act 2008 in
respect of the use and disclosure obligations of persons or bodies
prescribed to be information sharing entities under that Act.".
[2] Table of Amendments (Oaths
and Affirmations Act 2018 ): The amendment proposed by section
68(Schedule 2 item 40) of the Oaths and Affirmations Act 2018 ,
No. 6/2018 is not included in this publication due to the earlier repeal of
section 124 by section 23 of the Disability Amendment Act 2017 , No.
33/2017 (repealed ).
Section 68(Schedule 2 item 40) read as follows:
http://www.austlii.edu.au/au/legis/vic/consol_act/da2006121/notes.html