Western Australian Consolidated Acts

DISABILITY SERVICES ACT 1993

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   3A.     Meaning of “carer”  
   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 the 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 the Commission  
   12A.    Contracts to provide goods or services to the Commission  
   13.     Power to fix fees and charges  
   14.     Delegation  

           Division 3 -- Financial provisions  

   15.     Funds of the 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 the 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 disabilities  

   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 in this Part  
   26B.    Method of contracting to provide services for people with disabilities  
   26C.    Assignment of benefit of contract  

   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 a disability access and inclusion plan  
   29C.    Annual report by Commission about plans  

   PART 6 -- Complaints about some disability services  

           Division 1 -- Preliminary  

   30.     Terms used in this Part  
   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  
   39.     Conciliation of complaints  

           Division 3 -- Investigations  

   40.     Investigation of complaints and referred matters  
   41.     Director’s powers on investigation  

           Division 4 -- Consequences of investigation  

   42.     Director to decide, give reasons etc.  
   42A.    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  
   47.     Person not to be penalised because of complaining  
   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  
   57.     Review of Act  
           SCHEDULE 1 -- Principles applicable to people with disabilities  
           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  
           Compilation table
           
[Reprinted under the Reprints Act 1984 as at 21 September 2007 ]