DISABILITY SERVICES ACT 1993

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 3A Persons who are carers
 
• 4 Legal proceedings to enforce provision of a service
 
• 5 Crown bound

PART 2 -- Disability Services Commission

Division 1 -- Establishment and personnel  

• 6 Commission a body corporate
 
• 7 Board of Commission
 
• 8 Chief executive officer
 
• 9 Other personnel
 
• 10 Use of other government staff and facilities
 
• 11 Superannuation and leave entitlements

Division 2 -- Functions  

• 12 Functions of Commission
 
• 12A Contracts to provide goods or services to Commission
 
• 13 Power to fix fees and charges
 
• 14 Delegation

Division 3 -- Financial provisions  

• 15 Funds of Commission
 
• 16 Borrowing from Treasurer
 
• 17 Borrowing generally
 
• 18 Treasurer’s guarantee
 
• 19 Application of Financial Management Act 2006 and Auditor General Act 2006

Division 4 -- Relationship with the Minister  

• 20 Minister may give directions
 
• 21 Minister to have access to information
 
• 21A Notification of general policies of Government
 
• 21B Minister to be consulted on major initiatives

PART 3 -- Ministerial Advisory Council on Disability  

• 22 Council established
 
• 23 Council’s functions

PART 4 -- Financial assistance for matters relating to people with disability  

• 24 Grants of financial assistance
 
• 25 Grant to be subject of agreement
 
• 26 Minister may review Commission’s decisions

PART 4A -- Contracts to provide some disability services  

• 26A Terms used
 
• 26B Method of contracting to provide services for people with disability
 
• 26C Assignment of benefit of contract

PART 4B -- Trial of disability services model  

• 26D Purpose of this Part
 
• 26E Terms used
 
• 26F Effect of certain terms in the NDIS Act
 
• 26G Trial of disability services model
 
• 26H Trial participants
 
• 26I Reasonable and necessary supports for participants

PART 5 -- Disability access and inclusion plans by public authorities  

• 27 Application of PART
 
• 28 Disability access and inclusion plans
 
• 29 Report about disability access and inclusion plan
 
• 29A Disability access and inclusion plans to be made available
 
• 29B Public authorities to ensure implementation of disability access and inclusion plan
 
• 29C Annual report by Commission about plans

PART 6 -- Complaints about some disability services and resident services

Division 1 -- Preliminary  

• 30 Terms used
 
• 30AA This Part to be read with Health and Disability Services (Complaints) Act 1995
 
• 30A Functions of Director
 
• 31 Parties themselves may resolve complaint

Division 2 -- Complaints and conciliation  

• 32 Who may complain
 
• 33 Who and what can be complained about
 
• 33A Health services complaints
 
• 34 Time for complaining
 
• 35 How to complain
 
• 36 Withdrawal of complaint
 
• 37 Preliminary decision by Director
 
• 38 Rejection, deferral or referral of complaints
 
• 39A Response by respondent
 
• 39B Resolving complaints by negotiation
 
• 39 Conciliation of complaints

Division 3 -- Investigations  

• 40 Investigation of complaints and referred matters
 
• 41 Director’s powers on investigation
 
• 42A Conciliator must not investigate

Division 4 -- Consequences of investigation  

• 42 Director to decide, give reasons etc.
 
• 43A Warrants
 
• 43B Reports to Parliament
 
• 43 Respondent to report on remedial action
 
• 44 Report to Parliament where report not made or remedial action not taken

Division 4A -- Director’s relationship with the Minister  

• 44A Minister may give directions
 
• 44B Minister to have access to information

Division 5 -- General  

• 45 Proceedings to stop if court action etc.
 
• 46 Minister may refer matters for investigation
 
• 46A Investigation at the request of Parliament
 
• 46B False or misleading statements
 
• 47 Person not to be penalised because of complaining
 
• 48A Prescribed service provider must give certain information
 
• 48 Registers of complaints
 
• 49 Delegation
 
• 50 Confidentiality

PART 7 -- Miscellaneous  

• 51 Protection
 
• 52 Confidentiality
 
• 53 Offence of ill-treatment
 
• 54 Prosecution of offences
 
• 55 Parliamentary Commissioner may conduct investigation
 
• 56 Regulations
 
• 57A Regulations may refer to published documents
 
• 57 Review of Act
• SCHEDULE 1 -- Principles applicable to people with disability
• SCHEDULE 2 -- Objectives for services and programmes
• SCHEDULE 3 -- Provisions applicable to the Board of the Commission  
• SCHEDULE 4 -- Provisions applicable to the Commission’s personnel  
• SCHEDULE 5 -- Provisions applicable to the Ministerial Advisory Council on Disability