DISABILITY ACT 2006 - SECT 38 Disability Action Plans
DISABILITY ACT 2006 - SECT 38
Disability Action Plans(1) A public sector body must ensure that a Disability Action Plan is prepared for the purpose of—
(a) reducing barriers to persons with a disability accessing goods, services and facilities;
(b) reducing barriers to persons with a disability obtaining and maintaining employment;
(c) promoting inclusion and participation in the community of persons with a disability;
(d) achieving tangible changes in attitudes and practices which discriminate against persons with a disability.
(2) Any plan lodged by a public sector body or a Council with the Human Rights and Equal Opportunity Commission in compliance with Part 3 of the Commonwealth Disability Discrimination Act 1992 is to be taken to be a Disability Action Plan prepared by that public sector body or Council for the purposes of this section.
(3) A public sector body must report on the implementation of their Disability Action Plan in its annual report.
S. 38(4) substituted by No. 22/2012 s. 13.
(4) If a Council determines to prepare a Disability Action Plan, the Disability Action Plan is to be prepared for the purposes referred to in subsection (1).
S. 38(5) substituted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.1).
(5) If a Council determines to prepare a Disability Action Plan or is taken to have prepared a Disability Action Plan under subsection (2), the Council must report on the implementation of the Disability Action Plan in its annual report under section 98 of the Local Government Act 2020 .
S. 38(5A) inserted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.2).
(5A) A Council must ensure that the matters referred to in subsection (1) are addressed in the Council Plan prepared under the Local Government Act 2020 if the Council—
(a) has determined not to prepare a Disability Action Plan; and
(b) is not taken to have prepared a Disability Action Plan under subsection (2).
(6) In this section—
S. 38(6) amended by No. 9/2020 s. 390(Sch. 1 item 23.3).
"Council" has the same meaning as it has in section 3(1) of the Local Government Act 2020 ;
"public sector body" means—
(a) a Department within the meaning of section 4(1) of the Public Administration Act 2004 ;
(b) a statutory authority which is prescribed for the purposes of this section;
(c) a statutory corporation which is prescribed for the purposes of this section.
S. 39 (Heading) substituted by No. 33/2017 s. 10(1), amended by No. 9/2023 s. 103(1).