Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 21 September 2007 of the
Disability Services Act 1993 and includes the amendments made by the
other written laws referred to in the following table 1a. The table
also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
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) |
|
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 5 |
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) |
|
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 6 |
57 of 2004 |
18 Nov 2004 |
s. 1 and 2:
18 Nov 2004; |
|
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 7 |
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 17 |
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) |
|||
1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 75 8 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 The Child Welfare Act 1947 was repealed by the
Children and Community Services Act 2004 s. 250. Under the Children
and Community Services Act 2004 Sch. 1 cl. 24 a reference to the
Child Welfare Act 1947 is, unless the context otherwise requires, to be
read as if it had been amended to be a reference to the Children and
Community Services Act 2004.
3 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.
4 The Disability Services Act 1993 Sch. 6 Pt. 2
reads as follows:
“
Part 2 — Transitional
provisions
3. Interpretation
In this Part “repealed Act” means the Authority for
Intellectually Handicapped Persons Act 1985.
4. Members of the Authority for Intellectually Handicapped Persons cease
to hold office
On the commencement of this Act, members of the Authority for
Intellectually Handicapped Persons cease to hold office.
5. Authority for Intellectually Handicapped Persons Account
On the commencement of this Act the account called the “Authority
for Intellectually Handicapped Persons Account” (referred to in
section 21 of the repealed Act) is to be renamed the “Disability
Services Commission Account” (referred to in section 15(2) of this
Act).
6. References to Authority for Intellectually Handicapped
Persons
On the commencement of this Act a reference in any written law or in any
document to the Authority for Intellectually Handicapped Persons is to be
construed as if it had been amended to be a reference to the Disability Services
Commission, unless because of the context it would be inappropriate to do
so.
7. Director and other staff of Authority for Intellectually Handicapped
Persons
(1) Notwithstanding section 8 of this Act, on the commencement of
this Act the person who immediately before then held the office of Director
under section 15 of the repealed Act, becomes, by force of this subsection,
the chief executive officer of the Disability Services Commission.
(2) Notwithstanding section 9 of this Act, on the commencement of
this Act all people who immediately before then were appointed or engaged under
section 16(1) or (2) of the repealed Act, become, by force of this
subsection, appointed or engaged (as the case may be) under section 9(1) or
(2) of this Act.
(3) Notwithstanding section 9 of this Act, on the commencement of
this Act all people who immediately before then were engaged under
section 17 of the repealed Act, become, by force of this subsection,
engaged under section 9(3) of this Act.
(4) On the commencement of this Act ¾
(a) the terms and conditions, including remuneration payable, on which any
person referred to in subsection (1), (2) or (3) was appointed or engaged
immediately before then continue; and
(b) there is no break or interruption in the employment of any such person
by reason of this Act commencing and nothing in this Act affects any entitlement
of such a person existing immediately before then.
(5) The appointment or engagement of any person referred to in
subsection (1), (2) or (3) is capable of termination, and the terms and
conditions are capable of variation, after the commencement of this Act in the
same manner and to the same extent as before then.
8. Funding agreements
On the commencement of this Act, an agreement made with the Minister under
Part 2 of the Disability Services Act 1992 before the
commencement of this Act ¾
(a) is to be taken as being made with the Commission; and
(b) continues to have effect as if made under Part 4 of this
Act.
9. Advisory Council members
Notwithstanding section 22(2) of this Act, on the commencement of
this Act all people who immediately before then were members of the Advisory
Council for Disability Services established under the Disability Services
Act 1992, become, by force of this section, appointed to the Advisory
Council for Disability Services continued by this Act.
”.
5 The Disability Services Amendment Act 1999
s. 27 is a transitional provision that is of no further
effect.
6 The Disability Services Amendment Act 2004
s. 11(2) and (3) and s. 20(2) read as follows:
11. Section 22
replaced and transitional provision
(2) Each member of the old Council immediately before commencement day is
to be taken to have been appointed under section 22 of the Disability
Services Act 1993 as inserted by this section to the new Council for
the term of his or her appointment to the old Council.
(3) In subsection (2) —
commencement day means the day on which this section comes
into operation;
new Council means the Ministerial Advisory Council on
Disability established under section 22 of the Disability Services
Act 1993 as inserted by subsection (1);
old Council means the Advisory Council for Disability
Services established under the Disability Services Act 1992 and
continued by section 22 of the Disability Services
Act 1993.
20. Section 28
replaced and transitional provision
(2) A public authority that had a disability
service plan immediately before commencement of this section is taken to have a
disability access and inclusion plan for the purposes of section 28 of the
Disability Services Act 1993 as inserted by this section.
”.
7 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
8 On the date as at which this reprint was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 had not come into operation. It reads as
follows:
“
75. Various provisions repealed
The provisions listed in the Table to this section are
repealed.
Table of provisions repealed
|
Act |
Provision |
|---|---|
|
...................... |
........ |
|
Sch. 4, cl. 1 |
|
|
...................... |
........ |
”.