New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


DISABILITY INCLUSION BILL 2014





                                     New South Wales




Disability Inclusion Bill 2014

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are stated in proposed section 3 of the proposed Act, and include
acknowledging that people with disability have the same human rights as other members of the
community, promoting the independence and social and economic inclusion of people with
disability, enabling people with disability to exercise choice and control in the pursuit of their
goals, providing safeguards in relation to the delivery of supports and services for people with
disability, supporting (to the extent practicable) the purposes and principles of the United Nations
Convention on the Rights of Persons with Disabilities and providing for State responsibilities
during and following the transition to the National Disability Insurance Scheme.
The objects are to be achieved under the proposed Act primarily by:
(a) stating the disability principles to which people exercising functions under the proposed
       Act, or providing supports or services to people with disability, are to have regard, and
(b) providing for a State Disability Inclusion Plan to be prepared by the Department of Family
       and Community Services setting out whole of government goals that support the inclusion
       in the community of people with disability, and for each public authority to have a
       disability inclusion action plan setting out measures to ensure people with disability can
       access general supports and services available in the community, and
(c) providing for the continuation of the Disability Council of New South Wales, and
(d) providing for the making of service standards relating to the provision of supports and
       services for people with disability, and




b2013-160-21.d24
Disability Inclusion Bill 2014 [NSW]
Explanatory note



(e)    providing for the provision of supports and services, including financial assistance for
       individuals and certain entities to facilitate obtaining, or the provision of, supports and
       services, and
(f)    amending the Ombudsman Act 1974 to provide for a monitoring and investigative role for
       the Ombudsman in relation to certain reportable incidents occurring in supported group
       accommodation facilities of the Department or a funded provider.

Outline of provisions
Part 1        Preliminary
Division 1           Introduction
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.

Division 2           Objects and principles
Clause 3 specifies the objects of the proposed Act, which include acknowledging that people with
disability have the same human rights as other members of the community, promoting the
independence and social and economic inclusion of people with disability, enabling people with
disability to exercise choice and control in the pursuit of their goals, providing safeguards in
relation to the delivery of supports and services for people with disability, supporting (to the extent
practicable) the purposes and principles of the United Nations Convention on the Rights of
Persons with Disabilities and providing for State responsibilities during and following the
transition to the National Disability Insurance Scheme.
Clause 4 specifies for the purposes of the proposed Act the general principles relating to people
with disability.
Clause 5 specifies for the purposes of the proposed Act additional principles relating to certain
people with disability who may have particular needs.
Clause 6 provides that persons exercising functions, or providing supports or services to people
with disability, under the proposed Act should have regard to the disability principles in the
exercise of the function or the provision of supports and services.

Division 3           Interpretation
Clause 7 defines certain words and expressions used in the proposed Act.

Part 2        Disability planning
Division 1           Preliminary
Clause 8 specifies the purpose of the proposed Part.
Clause 9 provides that the Secretary may issue guidelines to assist public authorities in preparing
disability inclusion action plans. This clause further provides that the Secretary must publish the
guidelines on the website of the Department of Family and Community Services.

Division 2           State Disability Inclusion Plan
Clause 10 provides for a State plan (the State Disability Inclusion Plan) that is prepared by the
Department of Family and Community Services and sets out whole of government goals that
support the inclusion in the community of people with disability and improve access to
mainstream services and community facilities and provides for collaboration and co-ordination



Page 2
Disability Inclusion Bill 2014 [NSW]
Explanatory note



among various entities in the provision of supports and services. This clause further provides that
the Minister is to table a copy of the plan in each House of Parliament.
Clause 11 provides that the Minister is to review the State Disability Inclusion Plan at 4-year
intervals and table a report on the outcome of the review in each House of Parliament.

Division 3           Disability inclusion action plans
Clause 12 provides that each public authority must have a plan (a disability inclusion action
plan) that sets out the measures the authority intends to put in place (in connection with the
exercise of its functions) so that people with disability can access general supports and services
available in the community and can participate fully in the community. This clause further
provides that each public authority must consult with people with disability and may consult with
other persons or entities in preparing its disability inclusion action plan. This clause also provides
for particular matters to be included in a disability inclusion action plan and for each public
authority to give a copy of its plan to the Disability Council NSW and to make its plan publicly
available.
Clause 13 provides that each public authority that is a government department or a local council
is to give the Minister a copy of the part of its annual report relating to the implementation of its
disability inclusion action plan. This clause further provides that other public authorities are to
give a report to the Minister about the authority's implementation of its disability inclusion action
plan in each financial year. This clause further provides that the Minister is to table, annually in
each House of Parliament, a report about the implementation of disability inclusion action plans.
Clause 14 provides that each public authority is to review its disability inclusion action plan at
4-year intervals. This clause further provides that, in reviewing its disability inclusion action plan,
each public authority must consult with people with disability and have regard to any guidelines
issued by the Secretary under clause 9.

Part 3        Disability Council NSW
Clause 15 continues in existence the Disability Council of New South Wales as the Disability
Council NSW (the Disability Council) under the proposed Act.
Clause 16 provides for the membership of the Disability Council and for its chairperson and
deputy chairperson.
Clause 17 provides for the functions of the Disability Council.
Clause 18 provides that the Minister may give assistance, including financial assistance, to the
Disability Council.
Clause 19 provides that the Disability Council is to give reports to the Minister about the exercise
of its functions.

Part 4        Service standards
Clause 20 provides that the regulations may make provision for or with respect to standards
relating to the provision of supports and services for people with disability. This clause further
provides that the Secretary must make the standards publicly available.
Clause 21 provides that the regulations may make provision for or with respect to standards
relating to the provision of supports, services and accommodation for people with disability in
supported group accommodation. This clause further provides that the Secretary must make the
standards publicly available.
Clause 22 defines supported group accommodation for the purposes of the proposed Act.




Page 3
Disability Inclusion Bill 2014 [NSW]
Explanatory note



Part 5        Provision of supports and services
Division 1           Preliminary
Clause 23 provides that the purpose of proposed Part 5 is to facilitate the provision of supports
and services to persons in the target group and the transition of funding for those persons to
funding under the National Disability Insurance Scheme (NDIS). This clause further provides that
the purpose is to be achieved by providing supports and services directly to persons in the target
group and by providing financial assistance directly to individuals, or to eligible entities, for the
purpose of providing supports and services during the transition period.
Clause 24 defines person in the target group for the purposes of the proposed Act.

Division 2           Supports and services provided by Secretary
Clause 25 provides that the Secretary may provide supports and services directly or indirectly to
persons in the target group. This clause further provides that the supports and services are to be
provided in compliance with the disability service standards and may be provided in addition to
any financial assistance provided under the proposed Part.

Division 3           Financial assistance for individuals
Clause 26 provides that the Secretary may give financial assistance to, or on behalf of, an
individual who is a person in the target group. This clause further provides that the financial
assistance may be given directly to the individual, to a person nominated by the individual or
another person determined by the Secretary to be an appropriate person to receive the assistance
on behalf of the individual, or to another entity for the purposes of administering the assistance
(as directed by the individual) or for the purpose of providing supports and services specifically
to the individual. The clause also provides that the financial assistance may be given to an
individual or a non-government organisation only if the individual or organisation enters into an
agreement with the Secretary in relation to the assistance. The clause further provides for matters
to which the Secretary is to have regard in deciding whether to provide financial assistance and
the conditions on which it is provided.
Clause 27 requires notice to be given to an individual about a decision not to provide financial
assistance to, or on behalf of, the individual under proposed Division 3 or to provide the assistance
on behalf of the individual instead of directly to the individual. This clause also requires notice of
a decision to provide financial assistance to an individual (or another person nominated by the
individual or determined by the Secretary to be an appropriate person to receive the assistance on
behalf of the individual) on conditions to be given to the person receiving the assistance, and for
the notice to specify the reason for the decision and that the person may apply for a review of the
decision.
Clause 28 provides that the Secretary may enter into agreements in relation to the provision of
financial assistance to an individual, or a person nominated by the individual, under proposed
Division 3. This clause further states particular matters to be specified in the agreement.

Division 4           Financial assistance for eligible entities
Clause 29 provides that the Secretary may give financial assistance to an eligible entity to enable
it to provide supports and services to persons in the target group. This clause further provides that
financial assistance may be given to a non-government organisation only if the organisation has
entered into an agreement with the Secretary in relation to the assistance. This clause also provides
that the Secretary may require an eligible entity that is not a non-government organisation to enter
into an agreement with the Secretary in relation to financial assistance given to it under proposed
Division 4.
Clause 30 provides that the Secretary may enter into agreements with eligible entities in relation
to the provision of financial assistance under proposed Division 3 or 4. This clause further
provides that an agreement entered into with a non-government organisation is subject to


Page 4
Disability Inclusion Bill 2014 [NSW]
Explanatory note



conditions prescribed under the proposed Act, and states particular matters to be specified in the
agreement. This clause also provides that a non-government organisation that is providing
supports and services in supported group accommodation may be required to comply with the
accommodation and service standards in providing the supports and services.
Clause 31 provides that it is a condition of the provision of financial assistance to a
non-government organisation that the organisation gives the Secretary evidence to show it can
provide supports and services in compliance with the disability service standards. This clause
further provides that it is a condition of the provision of financial assistance to any eligible entity
that it must comply with the disability service standards in providing supports and services to
persons in the target group.
Clause 32 provides that it is a condition of the provision of financial assistance to an eligible
entity that it must ensure that a person is not engaged as a worker or board member (if the person
works directly with persons in the target group in a way that involves face to face or physical
contact) unless it is satisfied the person is a suitable person to be involved in the provision of
supports and services to persons in the target group. This clause further provides that the entity
must ensure that a criminal record check is conducted or obtained in relation to such workers or
board members before they are engaged, and further criminal record checks are obtained at least
every 4 years. This clause also provides that (subject to specified exceptions) it is a condition of
the provision of financial assistance to the entity that it must not engage such workers or board
members if the worker or board member has been convicted of a prescribed criminal offence or
refuses to obtain or submit to a criminal record check. This clause also provides for the regulations
to prescribe matters relating to conducting or obtaining criminal record checks.

Division 5           Suspending and terminating financial assistance
Clause 33 provides that financial assistance provided under Part 5 of the proposed Act may be
suspended on specified grounds (including grounds prescribed by the regulations). This clause
further provides that notice of a decision to suspend the assistance must be given to the person or
entity receiving the assistance, and that the person or entity may apply for a review of the decision.
This clause also provides for the Secretary to further suspend the financial assistance on the
specified grounds, and to arrange for alternative supports and services for a person in the target
group while the assistance is suspended.
Clause 34 provides that financial assistance provided under Part 5 of the proposed Act may be
terminated on specified grounds (including grounds prescribed by the regulations). This clause
further provides that, before termination of financial assistance, the Secretary must give notice of
the proposed termination specifying the grounds for termination, when it is proposed to have
effect and, if the proposed termination is for a reason other than the implementation of NDIS
arrangements under the National Disability Insurance Scheme or another purpose prescribed by
the regulations, inviting the person or entity receiving the assistance to give the Secretary a
submission about the proposed termination. Before termination of the financial assistance, the
Secretary must consider any submission received in accordance with this clause. This clause also
provides that termination of financial assistance has effect despite any agreement relating to the
assistance and that notice of a decision to terminate must be given to the person or entity receiving
the assistance.

Division 6           Review of decisions
Clause 35 provides that particular decisions under Part 5 are administratively reviewable
decisions for the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews
and Monitoring) Act 1993.

Division 7           Miscellaneous
Clause 36 provides that the Secretary of the Department must ensure that a person is not engaged
as a worker of the Department (if the person works directly with persons in the target group in a
way that involves face to face or physical contact) unless the Secretary is satisfied the person is a


Page 5
Disability Inclusion Bill 2014 [NSW]
Explanatory note



suitable person to be involved in the provision of supports and services to persons in the target
group. This clause further provides that the Secretary must ensure that a criminal record check is
conducted or obtained in relation to such workers before they are engaged by the Department, and
further criminal record checks are conducted or obtained at least every 4 years. This clause also
provides that the Secretary must not engage such workers if the worker has been convicted of a
prescribed criminal offence or refuses to obtain or submit to a criminal record check. This clause
also provides for the regulations to prescribe matters relating to conducting or obtaining criminal
record checks.
Clause 37 provides that the Secretary may give financial assistance, on the conditions the
Secretary considers appropriate, to a government department, local council or other entity for the
purpose of promoting the objects of the proposed Act.
Clause 38 provides that the Secretary may, by notice, require a person to give the Secretary
information or a document relating to the provision of financial assistance, obtaining or providing
supports or services or the compliance with an agreement entered into under Part 5. This clause
also specifies the matters to be included in the notice.
Clause 39 provides that a person who, acting in good faith, gives information or a document as
required under clause 38 is not liable to any civil or criminal action for giving the information or
document and cannot be held to have breached any code of professional etiquette or ethics or to
have breached standards of professional conduct as a result of giving the information or document.
Clause 40 provides that a prohibition on employment under the proposed Act prevails to the
extent of any inconsistency with any other Act or law. This clause further provides that the
Industrial Relations Commission and any other court or tribunal does not have jurisdiction to order
the reinstatement or re-employment of a person contrary to such a prohibition or to order the
payment of damages or compensation for any removal of a person from employment prohibited
under the proposed Act.
Clause 41 provides that the Secretary may issue guidelines to assist eligible entities in relation to
compliance with the prescribed condition about conducting probity checks. This clause further
provides that the Secretary must publish the guidelines on the website of the Department of Family
and Community Services.

Part 6        Miscellaneous
Clause 42 states that the proposed Act binds the Crown.
Clause 43 provides for the delegation of the Minister's and Secretary's functions under the
proposed Act.
Clause 44 provides for the taking of proceedings under the proposed Act.
Clause 45 provides that it is an offence (with a maximum penalty of 50 penalty units) for a person
to disclose information obtained in connection with the administration or execution of the
proposed Act unless the disclosure is made for reasons specified in the clause.
Clause 46 limits liability for certain matters or things done or omitted to be done in good faith for
the purpose of executing the proposed Act.
Clause 47 provides that the objects of the proposed Act, the disability principles and the
requirement for persons exercising a function, or providing supports and services, under the
proposed Act to have regard to the disability principles do not give rise to, or cannot be taken into
account in, any civil cause of action. The clause does not apply to a proceeding before the Civil
and Administrative Tribunal on an application for an administrative review of a decision that,
under the proposed Act, can be reviewed by the Tribunal.
Clause 48 provides that Schedule 3 to the proposed Act contains provisions about dealing with
particular accounts and funds relating to persons with disability.
Clause 49 provides for the making of regulations for the purposes of the proposed Act.
Clause 50 repeals the Disability Services Act 1993.



Page 6
Disability Inclusion Bill 2014 [NSW]
Explanatory note



Clause 51 provides for a review of the proposed Act within 4 years from the date of assent to the
proposed Act.

Schedule 1               Provisions relating to Disability Council
Schedule 1 contains provisions relating to membership and procedure of the Disability Council.

Schedule 2               Prescribed criminal offences
Schedule 2 specifies offences in relation to which a conviction will render a person unsuitable to
be engaged to work directly with persons in the target group by an organisation receiving financial
assistance under Part 5 of the proposed Act.

Schedule 3               Residents' amenities accounts
Schedule 3 contains provisions dealing with accounts and funds relating to people with disability
who are residents of particular government residential centres.

Schedule 4               Savings, transitional and other provisions
Schedule 4 contains savings, transitional and other provisions consequent on the enactment of the
proposed Act.

Schedule 5               Amendment of Acts
Schedule 5 makes consequential amendments to various Acts.
This Schedule also amends the Ombudsman Act 1974 to insert proposed Part 3C in that Act.
Proposed Part 3C provides for various matters relating to the occurrence of reportable incidents in
supported group accommodation within the meaning of the proposed Act.
Proposed sections 25O and 25P define certain words and expressions used in proposed Part 3C.
Proposed section 25Q provides that the Ombudsman is to keep under review the systems of the
Department and funded providers for preventing, handling and responding to reportable incidents.
The Ombudsman may also require the Secretary or head of a funded provider to give information
about the systems to the Ombudsman.
Proposed section 25R imposes reporting obligations on the Secretary and heads of funded
providers in relation to reportable allegations or reportable convictions of which the Secretary or
head becomes aware.
Proposed section 25S provides that the Ombudsman may exempt any class or kind of incident
from being a reportable incident for the purposes of the proposed Part.
Proposed section 25T provides that particular persons may disclose information about reportable
incidents to the Ombudsman.
Proposed section 25U provides that the Ombudsman may monitor the progress of investigations
into reportable allegations or reportable convictions. This proposed section further provides that
the Ombudsman or an officer of the Ombudsman may be present as an observer at interviews
conducted in relation to an investigation and may confer about the conduct and progress of an
investigation. This proposed section also provides for the Ombudsman to require the giving of
information or documents to the Ombudsman.
Proposed section 25V provides for the Secretary or head of a funded provider to give the
Ombudsman a report about the conduct of an investigation of a reportable allegation or reportable
conviction, and also provides for the Ombudsman to seek further information in relation to an
investigation.


Page 7
Disability Inclusion Bill 2014 [NSW]
Explanatory note



Proposed section 25W provides that the Ombudsman may conduct an investigation into reportable
allegations or reportable convictions and may also conduct an investigation concerning any
inappropriate handling of, or response to, a reportable allegation or reportable conviction. This
proposed section further provides that the Ombudsman may exercise relevant powers under the
Ombudsman Act 1974 in relation to such investigations. This proposed section also provides that
the Ombudsman may require a deferral of an investigation being conducted by the Secretary or a
funded provider. The proposed section also provides that the Ombudsman is to provide the
Department or funded provider with recommendations for action in relation to particular matters
relating to investigations.
Proposed section 25X provides that other Acts or laws do not prevent the disclosure of information
to the Ombudsman, and that liability is not incurred for such disclosure.
Proposed section 25Y extends the application of proposed sections 25R and 25T to other public
authorities within the meaning of the Ombudsman Act 1974, if the relevant reportable incident
arises in the course of employment with the public authority.
Proposed section 25Z applies, subject to modifications prescribed by the regulations, the
provisions of the Ombudsman Act 1974 in relation to a matter arising under proposed Part 3C even
if it does not involve the conduct of a public authority.




Page 8
                                                                               First print




                                         New South Wales




Disability Inclusion Bill 2014
Contents
                                                                                    Page

Part 1         Preliminary
               Division 1        Introduction
                   1   Name of Act                                                     2
                   2   Commencement                                                    2

               Division 2        Objects and principles
                   3   Objects of Act                                                  2
                   4   General principles                                              2
                   5   Principles recognising the needs of particular groups           3
                   6   Having regard to disability principles                          4

               Division 3        Interpretation
                   7   Definitions                                                     4

Part 2         Disability planning
               Division 1        Preliminary
                   8   Purpose of Part                                                 6
                   9   Guidelines                                                      6




b2013-160-21.d24
Disability Inclusion Bill 2014 [NSW]
Contents

                                                                                              Page


              Division 2        State Disability Inclusion Plan
               10    Requirement for State Disability Inclusion Plan                            6
               11    Review of plan                                                             6

              Division 3        Disability inclusion action plans
               12    Requirement for disability inclusion action plans                          7
               13    Report on implementation of plans                                          7
               14    Review of plans                                                            8

Part 3        Disability Council NSW
               15    Continuation of Disability Council of New South Wales                      9
               16    Membership                                                                 9
               17    Functions                                                                  9
               18    Assistance to Disability Council                                          10
               19    Reporting requirements                                                    10

Part 4        Service standards
               20    Disability service standards                                              11
               21    Accommodation and service standards                                       11
               22    Meaning of "supported group accommodation"                                11

Part 5        Provision of supports and services
              Division 1        Preliminary
               23    Purpose of Part                                                           12
               24    Meaning of "person in the target group"                                   12

              Division 2        Supports and services provided by Secretary
               25    Secretary may provide supports and services                               12

              Division 3        Financial assistance for individuals
               26    Provision of financial assistance                                         13
               27    Notice about provision of financial assistance                            14
               28    Agreement about financial assistance                                      14

              Division 4        Financial assistance for eligible entities
               29    Provision of financial assistance                                         15
               30    Agreement about financial assistance                                      15
               31    Conditions about disability service standards                             15
               32    Conditions about probity checks--eligible entities receiving financial
                     assistance                                                                16

              Division 5        Suspending and terminating financial assistance
               33    Suspension of financial assistance                                        17
               34    Termination of financial assistance                                       18

              Division 6        Review of decisions
               35    Review of decisions by Civil and Administrative Tribunal                  19




Page 2
Disability Inclusion Bill 2014 [NSW]
Contents

                                                                                             Page


              Division 7        Miscellaneous
               36    Secretary to conduct probity check of particular departmental workers    19
               37    Financial assistance to promote objects of Act                           20
               38    Giving information                                                       20
               39    Protection from liability for giving information                         20
               40    Relationship with other Acts and laws                                    21
               41    Guidelines                                                               21

Part 6        Miscellaneous
               42    Act to bind Crown                                                        22
               43    Delegations                                                              22
               44    Proceedings for offence                                                  22
               45    Disclosure of information                                                22
               46    Protection from personal liability                                       22
               47    Sections 3-6 do not give rise to or affect a cause of action             22
               48    Dealing with particular accounts and funds                               22
               49    Regulations                                                              23
               50    Repeal of Disability Services Act 1993 No 3                              23
               51    Review of Act                                                            23

Schedule 1           Provisions relating to Disability Council                                24
Schedule 2           Prescribed criminal offences                                             26
Schedule 3           Residents' amenities accounts                                            27
Schedule 4           Savings, transitional and other provisions                               29
Schedule 5           Amendment of Acts                                                        31




Page 3
                                    New South Wales




Disability Inclusion Bill 2014

No     , 2014


A Bill for
An Act relating to the accessibility of mainstream services and facilities, the promotion of
community inclusion and the provision of funding, support and services for people with disability;
and for other purposes.
Disability Inclusion Bill 2014 [NSW]
Part 1 Preliminary



The Legislature of New South Wales enacts:                                                                1


Part 1         Preliminary                                                                                2


Division 1           Introduction                                                                         3

  1    Name of Act                                                                                        4

               This Act is the Disability Inclusion Act 2014.                                             5

  2    Commencement                                                                                       6

               This Act commences on a day or days to be appointed by proclamation.                       7

Division 2           Objects and principles                                                               8

  3    Objects of Act                                                                                     9

               The objects of this Act are as follows:                                                   10
               (a) to acknowledge that people with disability have the same human rights as              11
                     other members of the community and that the State and the community have a          12
                     responsibility to facilitate the exercise of those rights,                          13
               (b) to promote the independence and social and economic inclusion of people with          14
                     disability,                                                                         15
               (c) to enable people with disability to exercise choice and control in the pursuit of     16
                     their goals and the planning and delivery of their supports and services,           17
               (d) to provide safeguards in relation to the delivery of supports and services for        18
                     people with disability,                                                             19
               (e) to support, to the extent reasonably practicable, the purposes and principles of      20
                     the United Nations Convention on the Rights of Persons with Disabilities,           21
                (f) to provide for responsibilities of the State during and following the transition     22
                     to the National Disability Insurance Scheme.                                        23

  4    General principles                                                                                24

         (1)   For the purposes of this Act, the disability principles relating to people with           25
               disability are the general principles set out in this section.                            26

         (2)   People with disability have an inherent right to respect for their worth and dignity as   27
               individuals.                                                                              28

         (3)   People with disability have the right to participate in and contribute to social and      29
               economic life and should be supported to develop and enhance their skills and             30
               experience.                                                                               31

         (4)   People with disability have the right to realise their physical, social, sexual,          32
               reproductive, emotional and intellectual capacities.                                      33

         (5)   People with disability have the same rights as other members of the community to          34
               make decisions that affect their lives (including decisions involving risk) to the full   35
               extent of their capacity to do so and to be supported in making those decisions if they   36
               want or require support.                                                                  37

         (6)   People with disability have the right to respect for their cultural or linguistic         38
               diversity, age, gender, sexual orientation and religious beliefs.                         39




Page 2
Disability Inclusion Bill 2014 [NSW]
Part 1 Preliminary



         (7)   The right to privacy and confidentiality for people with disability is to be respected.          1
               Note. This principle does not affect the operation of Chapter 16A of the Children and Young      2
               Persons (Care and Protection) Act 1998. The disability principles are principles that certain    3
               entities have regard to under this Act (see section 6).                                          4

         (8)   People with disability have the right to live free from neglect, abuse and exploitation.         5

         (9)   People with disability have the right to access information in a way that is appropriate         6
               for their disability and cultural background, and enables them to make informed                  7
               choices.                                                                                         8

      (10)     People with disability have the same right as other members of the community to                  9
               pursue complaints.                                                                              10

      (11)     The crucial role of families, carers and other significant persons in the lives of people       11
               with disability, and the importance of preserving relationships with families, carers           12
               and other significant persons, is to be acknowledged and respected.                             13
               Note. The NSW Carers Charter under the Carers (Recognition) Act 2010 recognises the role        14
               and contribution of carers to our community and to the people they care for.                    15

      (12)     The needs of children with disability as they mature, and their rights as equal                 16
               members of the community, are to be respected.                                                  17

      (13)     The changing abilities, strengths, goals and needs of people with disability as they            18
               age are to be respected.                                                                        19

  5    Principles recognising the needs of particular groups                                                   20

         (1)   For the purposes of this Act, the disability principles relating to people with                 21
               disability also include the principles set out in this section.                                 22

         (2)   Supports and services provided to Aboriginal and Torres Strait Islander people with             23
               disability are to be provided in a way that:                                                    24
               (a) recognises that Aboriginal and Torres Strait Islander people have a right to                25
                      respect and acknowledgment as the first peoples of Australia and for their               26
                      unique history, culture and kinship relationships and connection to their                27
                      traditional land and waters, and                                                         28
               (b) recognises that many Aboriginal and Torres Strait Islander people with                      29
                      disability may face multiple disadvantage, and                                           30
               (c) addresses that disadvantage and the needs of Aboriginal and Torres Strait                   31
                      Islander people with disability, and                                                     32
               (d) is informed by working in partnership with Aboriginal and Torres Strait                     33
                      Islander people with disability to enhance their lives.                                  34

         (3)   Supports and services provided to people with disability from culturally and                    35
               linguistically diverse backgrounds are to be provided in a way that:                            36
                (a) recognises that cultural, language and other differences may create barriers to            37
                      providing the supports and services, and                                                 38
               (b) addresses those barriers and the needs of those people with disability, and                 39
                (c) is informed by consultation with their communities.                                        40

         (4)   Supports and services provided to women with disability are to be provided in a way             41
               that:                                                                                           42
                (a) recognises that women with disability may face multiple disadvantage and are               43
                     potentially more vulnerable to risk of abuse or exploitation, and                         44
               (b) addresses that disadvantage and risk, and the needs of women with disability,               45
                     and                                                                                       46
                (c) is informed by consultation with women with disability.                                    47



Page 3
Disability Inclusion Bill 2014 [NSW]
Part 1 Preliminary



         (5)   Supports and services provided to children with disability are to be provided in a way                1
               that:                                                                                                 2
                (a) recognises that a child with disability has the right to a full life in conditions               3
                     that ensure the child's dignity, promote self-reliance and facilitate the child's               4
                     active and full participation in family, cultural and social life, and                          5
               (b) recognises that children are more vulnerable to risk of abuse or exploitation,                    6
                     and                                                                                             7
                (c) addresses that right and risk, and ensures the best interests of the child is the                8
                     primary concern in making decisions affecting the child while also respecting                   9
                     the responsibilities, rights and duties of a parent or other person legally                    10
                     responsible for the child in relation to giving appropriate direction and                      11
                     guidance for the child's welfare, and                                                          12
               (d) respects the views of the child with disability (having regard to the child's age                13
                     and maturity).                                                                                 14

         (6)   This section does not impose an obligation on anyone to provide supports and                         15
               services.                                                                                            16

  6    Having regard to disability principles                                                                       17

               A person exercising a function under this Act, or providing supports or services to                  18
               people with disability in connection with the provision of financial assistance under                19
               Part 5, should have regard to the disability principles in the exercise of the function              20
               or the provision of the supports or services.                                                        21
               Note. Under section 12, a public authority's disability inclusion action plan must specify how       22
               the public authority proposes to have regard to the disability principles in its dealings with       23
               matters relating to people with disability. Under section 30 (2) (b), an agreement relating to the   24
               provision of supports and services by an entity receiving financial assistance is to specify how     25
               the entity intends to have regard to the disability principles in providing the supports and         26
               services.                                                                                            27

Division 3            Interpretation                                                                                28

  7    Definitions                                                                                                  29

         (1)   In this Act:                                                                                         30
               accommodation and service standards--see section 21 (1).                                             31
               carer means a carer within the meaning of the Carers (Recognition) Act 2010.                         32
               Department means the Department of Family and Community Services.                                    33
               disability, in relation to a person, includes a long-term physical, psychiatric,                     34
               intellectual or sensory impairment that, in interaction with various barriers, may                   35
               hinder the person's full and effective participation in the community on an equal                    36
               basis with others.                                                                                   37
               Disability Council--see section 15 (1).                                                              38
               disability inclusion action plan--see section 12 (1).                                                39
               disability principles--see sections 4 and 5.                                                         40
               disability service provider means:                                                                   41
                (a) the part of the Department in which this Act is administered, or                                42
               (b) another eligible entity receiving financial assistance in accordance with                        43
                      Division 3 or 4 of Part 5.                                                                    44
               disability service standards--see section 20 (1).                                                    45
               eligible entity means:                                                                               46
                (a) a Public Service agency, or                                                                     47




Page 4
Disability Inclusion Bill 2014 [NSW]
Part 1 Preliminary



               (b)    a local council, or                                                                  1
               (c)    another entity that is a corporation or body corporate, or                           2
               (d)    an entity prescribed by the regulations to be an eligible entity for the purposes    3
                      of this definition.                                                                  4
               function includes a power, authority or duty, and exercise a function includes              5
               perform a duty.                                                                             6
               government department means a Department of the Public Service listed in Part 1 of          7
               Schedule 1 to the Government Sector Employment Act 2013.                                    8
               guardian means a guardian within the meaning of section 3 (1) of the Guardianship           9
               Act 1987.                                                                                  10
               National Disability Insurance Scheme means the National Disability Insurance               11
               Scheme under the National Disability Insurance Scheme Act 2013 of the                      12
               Commonwealth.                                                                              13
               NDIS arrangements has the meaning it has in the National Disability Insurance              14
               Scheme (NSW Enabling) Act 2013.                                                            15
               non-government organisation means an eligible entity that is not a Public Service          16
               agency.                                                                                    17
               person in the target group--see section 24.                                                18
               prescribed conditions, in relation to financial assistance, means the conditions           19
               referred to in sections 31 and 32.                                                         20
               public authority means all of the following:                                               21
                (a) a government department,                                                              22
               (b) a local council,                                                                       23
                (c) another entity prescribed by the regulations to be a public authority for the         24
                      purposes of this definition.                                                        25
               Public Service agency means a Public Service agency within the meaning of the              26
               Government Sector Employment Act 2013.                                                     27
               Secretary means the Secretary of the Department.                                           28
               service includes a service consisting of the supply of goods, whether or not provided      29
               with other services.                                                                       30
               State Disability Inclusion Plan--see section 10 (1).                                       31
               supports means assistance provided to a person with disability to do one or more of        32
               the following:                                                                             33
                (a) to help the person undertake his or her day to day activities,                        34
               (b) to increase the person's independence,                                                 35
                (c) to facilitate the person's social and economic inclusion in the community.            36
               supported group accommodation--see section 22.                                             37

         (2)   Notes included in this Act do not form part of this Act.                                   38




Page 5
Disability Inclusion Bill 2014 [NSW]
Part 2 Disability planning



Part 2         Disability planning                                                                        1


Division 1           Preliminary                                                                          2

  8    Purpose of Part                                                                                    3

               The purpose of this Part is to provide for:                                                4
               (a) the making of a plan setting out a co-ordinated whole of government approach           5
                     to creating a more inclusive community in which mainstream services and              6
                     community facilities are accessible to people with disability to help them           7
                     achieve their full potential, and                                                    8
               (b) the making of other plans setting out specific measures public authorities are         9
                     to put in place in relation to people with disability.                              10

  9    Guidelines                                                                                        11

         (1)   The Secretary may issue guidelines to assist public authorities to prepare a disability   12
               inclusion action plan.                                                                    13

         (2)   The Secretary must publish the guidelines on the Department's website.                    14

Division 2           State Disability Inclusion Plan                                                     15

10     Requirement for State Disability Inclusion Plan                                                   16

         (1)   The Department must, from the day prescribed by the regulations, have a State plan        17
               (the State Disability Inclusion Plan) that:                                               18
                (a) sets out whole of government goals that support the inclusion in the                 19
                      community of people with disability and improve access to mainstream               20
                      services and community facilities by people with disability, and                   21
               (b) provides for collaboration and co-ordination among government departments,            22
                      local councils and other entities in the provision of supports and services.       23

         (2)   In preparing the State Disability Inclusion Plan, the Department must consult with        24
               people with disability.                                                                   25

         (3)   The Minister is to table a copy of the State Disability Inclusion Plan in each House      26
               of Parliament as soon as practicable after the day prescribed under subsection (1).       27

         (4)   The State Disability Inclusion Plan may be a document or part of a document               28
               prepared for another purpose if the document or part fulfils the requirements of          29
               subsection (1).                                                                           30

         (5)   The Minister is to make the State Disability Inclusion Plan publicly available.           31

11     Review of plan                                                                                    32

         (1)   The Minister is to review the State Disability Inclusion Plan before the end of each      33
               4-year period after the day the Department is required to have the plan.                  34

         (2)   The purpose of the review is to ensure that the whole of government goals set out in      35
               the State Disability Inclusion Plan continue to support the inclusion in the              36
               community of people with disability and to improve access to mainstream services          37
               and community facilities by people with disability.                                       38

         (3)   A report on the outcome of the review is to be tabled in each House of Parliament as      39
               soon as practicable after it is completed.                                                40




Page 6
Disability Inclusion Bill 2014 [NSW]
Part 2 Disability planning



Division 3           Disability inclusion action plans                                                     1

12     Requirement for disability inclusion action plans                                                   2

         (1)   Each public authority must, from the day prescribed by the regulations, have a plan         3
               (a disability inclusion action plan) setting out the measures it intends to put in place    4
               (in connection with the exercise of its functions) so that people with disability can       5
               access general supports and services available in the community, and can participate        6
               fully in the community.                                                                     7

         (2)   In preparing its disability inclusion action plan, a public authority:                      8
                (a) must consult with people with disability and have regard to any guidelines             9
                     issued under section 9, and                                                          10
               (b) may consult with individuals or other entities the authority considers                 11
                     appropriate, including the Disability Council.                                       12

         (3)   A disability inclusion action plan must:                                                   13
               (a) specify how the public authority proposes to have regard to the disability             14
                      principles in its dealings with matters relating to people with disability, and     15
               (b) include strategies to support people with disability, including, for example,          16
                      strategies about the following:                                                     17
                       (i) providing access to buildings, events and facilities,                          18
                      (ii) providing access to information,                                               19
                     (iii) accommodating the specific needs of people with disability,                    20
                     (iv) supporting employment of people with disability,                                21
                      (v) encouraging and creating opportunities for people with disability to            22
                             access the full range of services and activities available in the            23
                             community, and                                                               24
               (c) include details of the authority's consultation about the plan with people with        25
                      disability, and                                                                     26
               (d) explain how the plan supports the goals of the State Disability Inclusion Plan,        27
                      and                                                                                 28
               (e) include any other matters prescribed by the regulations.                               29

         (4)   A disability inclusion action plan may be a document or part of a document prepared        30
               for another purpose if the Secretary is satisfied the document or part fulfils the         31
               requirements of subsections (1) and (3).                                                   32

         (5)   A public authority must, as soon as practicable after the day it is required to have a     33
               disability inclusion action plan:                                                          34
               (a) give a copy of the plan to the Disability Council, and                                 35
               (b) make the plan publicly available.                                                      36

13     Report on implementation of plans                                                                  37

         (1)   A public authority that is a government department or local council must, as soon as       38
               practicable after preparing its annual report, give the Minister a copy of the part of     39
               the annual report relating to the department's or council's report on the                  40
               implementation of its disability inclusion action plan.                                    41

         (2)   A public authority that is not a government department or local council must, as soon      42
               as practicable after the end of each financial year, give the Minister a report relating   43
               to the authority's implementation of its disability inclusion action plan during the       44
               financial year.                                                                            45




Page 7
Disability Inclusion Bill 2014 [NSW]
Part 2 Disability planning



         (3)   The Minister is to table a report about the implementation of disability inclusion         1
               action plans in each House of Parliament as soon as practicable after the end of each      2
               financial year.                                                                            3

         (4)   In this section:                                                                           4
               annual report means:                                                                       5
                (a) of a government department--its annual report under the Annual Reports                6
                      (Departments) Act 1985, and                                                         7
               (b) of a local council--its annual report under the Local Government Act 1993.             8

14     Review of plans                                                                                    9

         (1)   A public authority must review its disability inclusion action plan before the end of     10
               each 4-year period after the day the authority is required to have the plan.              11

         (2)   The purpose of the review is to ensure the disability inclusion action plan fulfils the   12
               requirements of section 12 (1) and (3).                                                   13

         (3)   In reviewing its disability inclusion action plan, the public authority must consult      14
               with people with disability and have regard to any guidelines issued under section 9.     15




Page 8
Disability Inclusion Bill 2014 [NSW]
Part 3 Disability Council NSW



Part 3         Disability Council NSW                                                                  1

15     Continuation of Disability Council of New South Wales                                           2

         (1)   The former council is continued in existence under the name Disability Council          3
               NSW (the Disability Council).                                                           4

         (2)   In this section:                                                                        5
               former council means the Disability Council of New South Wales established under        6
               section 16 of the Community Welfare Act 1987.                                           7

16     Membership                                                                                      8

         (1)   The Disability Council consists of at least 8 but not more than 12 persons appointed    9
               by the Governor.                                                                       10

         (2)   The members of the Disability Council must include:                                    11
               (a) members of, or persons employed by, organisations concerned especially with        12
                    the interests of people with disability, and                                      13
               (b) other persons with appropriate skills and experience in matters relevant to the    14
                    interests of people with disability.                                              15

         (3)   The majority of members of the Disability Council must be people with disability.      16

         (4)   There is to be a chairperson and a deputy chairperson of the Disability Council.       17

         (5)   The chairperson is the member who:                                                     18
               (a) is a person with disability, and                                                   19
               (b) has the qualifications or experience, and is appointed in the way, prescribed by   20
                     the regulations.                                                                 21

         (6)   The deputy chairperson is the member appointed as the deputy chairperson in the        22
               way prescribed by the regulations.                                                     23

         (7)   Schedule 1 contains provisions relating to the membership and procedure of the         24
               Disability Council.                                                                    25

17     Functions                                                                                      26

         (1)   The Disability Council has the following functions:                                    27
               (a) to monitor the implementation of government policy in relation to people with      28
                    disability and their families,                                                    29
               (b) to advise the Minister on emerging issues relating to people with disability,      30
               (c) to advise public authorities about the content and implementation of disability    31
                    inclusion action plans,                                                           32
               (d) to advise the Minister about the content and implementation of the State           33
                    Disability Inclusion Plan and disability inclusion action plans,                  34
               (e) to promote the inclusion of people with disability in the community,               35
                (f) to promote community awareness of matters concerning the interests of people      36
                    with disability and their families,                                               37
               (g) to consult with the National People with Disabilities and Carer Council and        38
                    other similar bodies,                                                             39
               (h) to consult with people with disability and undertake research about matters        40
                    relating to people with disability,                                               41
                (i) any other functions prescribed by the regulations.                                42




Page 9
Disability Inclusion Bill 2014 [NSW]
Part 3 Disability Council NSW



       (2)    For the purpose of exercising its functions, the Disability Council may request          1
              information or advice from any public authority.                                         2

       (3)    A public authority to which a request for information or advice is made is authorised    3
              to comply with the request.                                                              4

18     Assistance to Disability Council                                                                5

              The Minister may give assistance, including financial assistance, to the Disability      6
              Council to ensure the proper exercise of its functions.                                  7

19     Reporting requirements                                                                          8

       (1)    The Disability Council must, if required by the Minister, give the Minister a report     9
              about the exercise of its functions.                                                    10

       (2)    The report must include information about the matters directed by the Minister.         11

       (3)    The report may contain other information or advice the Disability Council considers     12
              appropriate.                                                                            13




Page 10
Disability Inclusion Bill 2014 [NSW]
Part 4 Service standards



Part 4        Service standards                                                                                1
Note. If disability service standards are made, compliance with the standards is a prescribed condition for    2
the provision of financial assistance, under Part 5, to particular entities. If accommodation and service      3
standards are made, compliance with the standards may be a condition of the provision of financial             4
assistance to non-government organisations. Compliance would be required only while financial assistance       5
is being provided.                                                                                             6

20     Disability service standards                                                                            7

       (1)    The regulations may make provision for or with respect to standards (disability                  8
              service standards) relating to the provision of supports and services for people with            9
              disability in order to improve the quality and effectiveness of the supports and                10
              services.                                                                                       11

       (2)    The Secretary must make the disability service standards publicly available.                    12

21     Accommodation and service standards                                                                    13

       (1)    The regulations may make provision for or with respect to standards                             14
              (accommodation and service standards) relating to the provision of supports,                    15
              services and accommodation for people with disability in supported group                        16
              accommodation.                                                                                  17

       (2)    The Secretary must make the accommodation and service standards publicly                        18
              available.                                                                                      19

22     Meaning of "supported group accommodation"                                                             20

       (1)    In this Act, supported group accommodation means premises in which:                             21
               (a) a person with disability is living in a shared living arrangement (whether                 22
                     short-term or permanently) with at least one other person with disability, other         23
                     than an arrangement in which one or more of the persons with disability is               24
                     living with a guardian of the person or a member of the person's family who              25
                     is responsible for the care of the person, and                                           26
              (b) support is provided on-site:                                                                27
                      (i) for a fee, or                                                                       28
                     (ii) whether or not for a fee if the support is provided as respite care.                29

       (2)    Supported group accommodation includes premises, or a type of premises,                         30
              prescribed by the regulations to be supported group accommodation.                              31

       (3)    However, supported group accommodation does not include:                                        32
              (a) an assisted boarding house within the meaning of the Boarding Houses                        33
                  Act 2012, or                                                                                34
              (b) other premises, or a type of premises, prescribed by the regulations not to be              35
                  supported group accommodation.                                                              36

       (4)    In this section:                                                                                37
              respite care means short-term care for people with disability that is provided for the          38
              purpose of relieving families or carers from their caring responsibilities in the               39
              short-term before resuming their caring responsibilities at the end of the period of            40
              care.                                                                                           41




Page 11
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



Part 5       Provision of supports and services                                                          1


Division 1          Preliminary                                                                          2

23    Purpose of Part                                                                                    3

       (1)   The purpose of this Part is to facilitate the provision of supports and services to         4
             persons in the target group and the transition of funding for persons in the target         5
             group to funding under the National Disability Insurance Scheme.                            6

       (2)   The purpose is to be achieved by the provision of supports and services directly to         7
             persons in the target group and the provision of financial assistance directly to           8
             individuals, or to eligible entities (including the part of the Department in which this    9
             Act is administered).                                                                      10

       (3)   Financial assistance under this Part, other than section 37, is only to be provided        11
             during the transition to the National Disability Insurance Scheme.                         12

24    Meaning of "person in the target group"                                                           13

       (1)   A person in the target group is a person who has a disability, whether or not of a         14
             chronic episodic nature, that:                                                             15
             (a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory      16
                   or physical impairment, or a combination of any of those impairments, and            17
             (b) is permanent or likely to be permanent, and                                            18
             (c) results in a significant reduction in the person's functional capacity in one or       19
                   more areas of major life activity, including, for example, communication,            20
                   social interaction, learning, mobility, decision-making, self-care and               21
                   self-management, and                                                                 22
             (d) results in the need for support, whether or not of an ongoing nature.                  23

       (2)   To remove any doubt, each of the following persons (within the meaning of the              24
             Mental Health Act 2007) is a person in the target group if the person has a disability     25
             referred to in subsection (1):                                                             26
              (a) an involuntary patient or a forensic patient,                                         27
             (b) a person subject to a community treatment order,                                       28
              (c) a person under detention in a mental health facility.                                 29

       (3)   A person in the target group includes a child under 6 years of age who has                 30
             developmental delay within the meaning of the National Disability Insurance                31
             Scheme Act 2013 of the Commonwealth.                                                       32

       (4)   To remove any doubt, a person with a permanent disability is a person in the target        33
             group even if the severity of the person's impairment because of the disability may        34
             diminish over time or the person's condition may improve.                                  35

Division 2          Supports and services provided by Secretary                                         36

25    Secretary may provide supports and services                                                       37

       (1)   The Secretary may provide supports and services to persons in the target group.            38

       (2)   The supports and services may be provided directly to persons in the target group or       39
             indirectly through other persons.                                                          40

       (3)   The supports and services are to be provided in compliance with the disability service     41
             standards.                                                                                 42




Page 12
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



       (4)   The Secretary may provide the supports and services in addition to the provision of          1
             financial assistance under this Part.                                                        2

Division 3          Financial assistance for individuals                                                  3

26    Provision of financial assistance                                                                   4

       (1)   The Secretary may provide financial assistance to or on behalf of an individual who          5
             is a person in the target group to enable the individual to obtain supports and services.    6

       (2)   Financial assistance may be provided in any of the following ways:                           7
             (a) directly to the individual,                                                              8
             (b) to a person nominated by the individual, or to a person otherwise nominated,             9
                   if the person is determined by the Secretary to be an appropriate person to           10
                   receive financial assistance on behalf of the individual (for example, a member       11
                   of the individual's family or a carer),                                               12
             (c) to an eligible entity that is a plan manager for the purpose of administering, as       13
                   directed by the individual, the financial assistance,                                 14
             (d) to an eligible entity for the purpose of providing supports and services                15
                   specifically to the individual,                                                       16
             (e) in a way that is a combination of the ways referred to in paragraphs (a)-(d).           17

       (3)   In deciding how to provide financial assistance under subsection (2), and the               18
             conditions on which it is provided, the Secretary:                                          19
              (a) must have regard to the wishes of the individual who is a person in the target         20
                   group, and                                                                            21
             (b) if the individual is a managed person within the meaning of the NSW Trustee             22
                   and Guardian Act 2009--must have regard to the views of the person who is             23
                   the manager under that Act of the estate of the individual, and                       24
              (c) may have regard to the views of members of the individual's family, a carer or         25
                   guardian of the individual, an attorney to the individual under a power of            26
                   attorney, or any other person who is significant in the life of the individual, and   27
             (d) may have regard to other matters the Secretary considers appropriate,                   28
                   including, for example, the nature of the supports and services to be obtained        29
                   and any risks to the individual that may arise in providing assistance directly       30
                   to the individual.                                                                    31

       (4)   Financial assistance may be provided to a person referred to in subsection (2) (a)          32
             or (b) only if the person has entered into an agreement under section 28 for the            33
             assistance.                                                                                 34

       (5)   Financial assistance may be provided to a non-government organisation only if the           35
             organisation has entered into an agreement under section 30 for the assistance.             36

       (6)   The Secretary may require an eligible entity to which subsection (5) does not apply         37
             to enter into an agreement in relation to financial assistance provided to it under this    38
             Division.                                                                                   39

       (7)   Financial assistance may be provided on the conditions the Secretary considers              40
             appropriate, having regard to the circumstances of the individual who is a person in        41
             the target group.                                                                           42

       (8)   Without limiting subsection (7), the circumstances may include the particular types         43
             of supports or services that the individual can obtain and the types of eligible entity     44
             from which the supports or services can be obtained.                                        45




Page 13
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



       (9)   In this section:                                                                             1
             plan manager means an eligible entity that provides a service of administering               2
             individual funding for a person in the target group, whether or not it also provides a       3
             service of co-ordinating supports and services for the person.                               4

27    Notice about provision of financial assistance                                                      5

       (1)   If the Secretary decides not to provide financial assistance under this Division to or       6
             on behalf of an individual who is a person in the target group (in response to an            7
             application for financial assistance), notice of the decision must be given to the           8
             individual.                                                                                  9

       (2)   If the Secretary decides to provide financial assistance to a person referred to in         10
             section 26 (2) (a) or (b) subject to a condition, notice of the decision must be given      11
             to the person specifying:                                                                   12
              (a) the reason for the decision, and                                                       13
             (b) that the person may apply for a review of the decision and how to apply for the         14
                    review.                                                                              15

       (3)   If the Secretary decides to provide financial assistance on behalf of an individual who     16
             is a person in the target group instead of directly to the individual, notice of the        17
             decision must be given to the individual specifying:                                        18
              (a) the reason for the decision, and                                                       19
             (b) that the individual may apply for a review of the decision and how to apply for         20
                     the review.                                                                         21

28    Agreement about financial assistance                                                               22

       (1)   The Secretary may enter into an agreement with a person referred to in                      23
             section 26 (2) (a) or (b) in relation to the provision of financial assistance under this   24
             Division.                                                                                   25

       (2)   The agreement must specify the following:                                                   26
             (a) the nature of the supports and services to be obtained with the financial               27
                   assistance,                                                                           28
             (b) the outcomes intended to be achieved by the provision of the supports and               29
                   services,                                                                             30
             (c) the conditions, if any, on which the assistance is provided,                            31
             (d) the period for which the agreement is in force,                                         32
             (e) other matters the Secretary considers appropriate.                                      33

       (3)   The agreement must include a plan setting out the goals and aspirations of the person       34
             and including matters relevant to the provision of supports and services to the person      35
             (for example, the person's preferred supports and services for achieving his or her         36
             goals and any identified risks and safeguards associated with providing the supports        37
             and services).                                                                              38

       (4)   The agreement may provide that the financial assistance is to cease if the Secretary        39
             considers that it is no longer required because of the implementation of NDIS               40
             arrangements.                                                                               41

       (5)   Subsections (2)-(4) do not limit the matters that may be included in an agreement.          42




Page 14
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



Division 4          Financial assistance for eligible entities                                             1

29    Provision of financial assistance                                                                    2

       (1)   The Secretary may provide financial assistance to an eligible entity to enable it to          3
             provide supports and services to persons in the target group.                                 4

       (2)   Financial assistance may be provided to a non-government organisation only if the             5
             organisation has entered into an agreement under section 30 in relation to the                6
             assistance.                                                                                   7

       (3)   The Secretary may require an eligible entity to which subsection (2) does not apply           8
             to enter into an agreement in relation to the financial assistance.                           9

30    Agreement about financial assistance                                                                10

       (1)   The Secretary may enter into an agreement with an eligible entity in relation to             11
             financial assistance provided under Division 3 or 4.                                         12

       (2)   An agreement entered into with a non-government organisation:                                13
             (a) is subject to the prescribed conditions relating to the provision of financial           14
                    assistance to the organisation, and                                                   15
             (b) must specify the following:                                                              16
                     (i) the rights of the persons in the target group in relation to the provision       17
                           of supports and services or otherwise,                                         18
                    (ii) how the organisation intends to have regard to the disability principles         19
                           in the provision of supports and services,                                     20
                   (iii) the purposes for which the financial assistance may be applied,                  21
                   (iv) the particular amounts to be applied for those purposes,                          22
                    (v) the outcomes to be achieved for persons in the target group as a result           23
                           of the provision by the organisation of the supports and services,             24
                   (vi) the performance indicators to be used to measure the outcomes achieved            25
                           for persons in the target group as a result of the provision of the supports   26
                           and services by the organisation,                                              27
                  (vii) the conditions, other than the prescribed conditions, of the agreement,           28
                 (viii) other matters prescribed by the regulations.                                      29

       (3)   If the non-government organisation is to provide supports and services that include          30
             accommodation in supported group accommodation, it may be a condition of the                 31
             agreement that the organisation must comply with the accommodation and service               32
             standards in providing the supports and services.                                            33

31    Conditions about disability service standards                                                       34

       (1)   It is a condition of the provision of financial assistance to a non-government               35
             organisation (other than an organisation prescribed by the regulations) that it must         36
             give the Secretary evidence to show it has been assessed by another entity determined        37
             by the Secretary as an entity that can provide supports and services in compliance           38
             with the disability service standards.                                                       39

       (2)   It is a condition of the provision of financial assistance to any eligible entity (other     40
             than an entity prescribed by the regulations) that it must comply with the disability        41
             service standards in providing supports and services to persons in the target group.         42




Page 15
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services


32    Conditions about probity checks--eligible entities receiving financial assistance                   1
       (1)   It is a condition of the provision of financial assistance to an eligible entity that the    2
             requirements of this section relating to its relevant workers and relevant board             3
             members must be complied with.                                                               4

       (2)   The eligible entity must ensure a person is not engaged as a relevant worker or              5
             relevant board member of the entity unless it is satisfied that the person is a suitable     6
             person to be involved in the provision of supports and services to persons in the target     7
             group.                                                                                       8

       (3)   In deciding whether a person is a suitable person for the purposes of subsection (2),        9
             the eligible entity must ensure that, before the person is engaged as a relevant worker     10
             or relevant board member:                                                                   11
              (a) a criminal record check is conducted or obtained in relation to the person, and        12
             (b) the eligible entity obtains a reference for the relevant worker or relevant board       13
                    member from at least one referee nominated by the worker or member.                  14

       (4)   The eligible entity must ensure that a further criminal record check is conducted or        15
             obtained in relation to each relevant worker and relevant board member of the entity        16
             at least every 4 years.                                                                     17

       (5)   The eligible entity must not engage or continue to engage a person as a relevant            18
             worker if:                                                                                  19
             (a) the entity is satisfied, having regard to the person's criminal record check, that      20
                   the person has been convicted of a prescribed criminal offence, or                    21
             (b) the person refuses to obtain or submit to a criminal record check for the               22
                   purposes of this section.                                                             23

       (6)   The eligible entity must ensure a person is not engaged, or allowed to continue to be       24
             engaged, as a relevant board member of the entity if:                                       25
             (a) the entity is satisfied, having regard to the person's criminal record check, that      26
                   the person has been convicted of a prescribed criminal offence, or                    27
             (b) the person refuses to obtain or submit to a criminal record check for the               28
                   purposes of this section.                                                             29

       (7)   Despite subsection (5) (a), the eligible entity may engage or continue to engage a          30
             person as a relevant worker if the engagement or continued engagement is in                 31
             accordance with:                                                                            32
             (a) all of the following:                                                                   33
                    (i) the entity is satisfied, having regard to the person's criminal record           34
                         check, that the person has not been convicted of a prescribed sexual            35
                         offence as defined in the Criminal Procedure Act 1986,                          36
                   (ii) if the person has been convicted of a prescribed criminal offence--the           37
                         person's criminal record check shows that the person has not been               38
                         convicted of any further prescribed criminal offences within 10 years           39
                         after the person's release from imprisonment in relation to that offence        40
                         (or within 10 years after the conviction if the person was not                  41
                         imprisoned),                                                                    42
                  (iii) the entity is satisfied that the person is a suitable person to be involved      43
                         in the provision of supports and services to persons in the target group,       44
                         and                                                                             45
             (b) any circumstances prescribed by the regulations.                                        46

       (8)   The regulations may make provision relating to obtaining and conducting criminal            47
             record checks for the purposes of this section, including the use of a statutory            48



Page 16
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



             declaration to verify a person's criminal record when a criminal record check cannot      1
             be conducted or obtained.                                                                 2

       (9)   If the regulations provide for the use of a statutory declaration to verify a person's    3
             criminal record and an eligible entity uses a statutory declaration instead of a          4
             criminal record check for the purposes of this section:                                   5
              (a) a requirement in subsection (3) or (4) to conduct or obtain a criminal record        6
                    check is taken to be a requirement to obtain a statutory declaration about the     7
                    person's criminal record, and                                                      8
             (b) subsections (5) (a), (6) (a) and (7) (a) apply as if a reference in those             9
                    paragraphs to a criminal record check were a reference to a statutory             10
                    declaration, and                                                                  11
              (c) subsections (5) (b) and (6) (b) apply as if the reference in those paragraphs to    12
                    obtain or submit to a criminal record check were a reference to provide a         13
                    statutory declaration.                                                            14

     (10)    This section does not affect a person's engagement in any employment or role with        15
             an eligible entity other than as a relevant worker or relevant board member.             16

     (11)    In this section:                                                                         17
             prescribed criminal offence means:                                                       18
              (a) an offence stated in Schedule 2, or                                                 19
             (b) another offence prescribed by the regulations.                                       20
             relevant board member of an entity means a person who is a member of the                 21
             governing body (whatever called) of the entity and who works, or is likely to work,      22
             directly with persons in the target group in a way that involves face to face or         23
             physical contact with those persons.                                                     24
             relevant worker of an eligible entity means a person who is engaged by the entity in     25
             any of the following capacities to provide supports and services directly to persons     26
             in the target group in a way that involves face to face or physical contact with those   27
             persons:                                                                                 28
              (a) as an employee,                                                                     29
             (b) as a volunteer,                                                                      30
              (c) as a person undertaking training as part of an educational or vocational course     31
                    or program (other than a school student on work experience),                      32
             (d) as a self-employed person, contractor or subcontractor,                              33
              (e) as a person of a type prescribed by the regulations.                                34

Division 5          Suspending and terminating financial assistance                                   35

33    Suspension of financial assistance                                                              36

       (1)   The Secretary may, by notice served on a person or eligible entity receiving financial   37
             assistance under this Part, suspend the assistance on any of the following grounds:      38
             (a) the Secretary reasonably believes the person in the target group to, or on behalf    39
                    of, whom the assistance is provided:                                              40
                     (i) is no longer using the supports and services, or                             41
                    (ii) is obtaining the supports and services other than by way of the financial    42
                          assistance,                                                                 43
             (b) the Secretary reasonably believes the person or entity receiving the assistance      44
                    has not complied with:                                                            45
                     (i) the prescribed conditions, if any, relating to the assistance, or            46



Page 17
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



                     (ii) an agreement under which it is provided, or                                     1
                    (iii) a notice given under section 38,                                                2
              (c)    the grounds prescribed by the regulations.                                           3

       (2)   Notice of a decision to suspend financial assistance must specify:                           4
             (a) the reason for the decision and the period (not more than 90 days) during                5
                   which the assistance is suspended, and                                                 6
             (b) that the person or entity receiving the assistance may apply for a review of the         7
                   decision and how to apply for the review.                                              8

       (3)   Before the period referred to in subsection (2) (a) ends, the Secretary may suspend          9
             the financial assistance for a further period in accordance with this section.              10

       (4)   If financial assistance is suspended under this section, the Secretary may arrange for      11
             alternative supports and services for the relevant person in the target group while it      12
             is suspended.                                                                               13

34    Termination of financial assistance                                                                14

       (1)   The Secretary may, by notice served on a person or eligible entity receiving financial      15
             assistance under this Part, terminate a part or all of the financial assistance on any of   16
             the following grounds:                                                                      17
              (a) the Secretary reasonably believes the person or eligible entity receiving the          18
                    assistance has not complied with:                                                    19
                     (i) the prescribed conditions, if any, relating to the assistance, or               20
                    (ii) an agreement under which it is provided, or                                     21
                   (iii) a notice given under section 38,                                                22
             (b) the Secretary considers that the assistance is no longer required because of the        23
                    implementation of NDIS arrangements,                                                 24
              (c) the grounds prescribed by the regulations.                                             25

       (2)   Before terminating the financial assistance, the Secretary must:                            26
             (a) give the person or eligible entity a notice that:                                       27
                    (i) specifies the reason for the proposed termination, and                           28
                   (ii) specifies the day, that is reasonable in the circumstances, the                  29
                         termination is to have effect, and                                              30
                  (iii) if the proposed termination is not for a prescribed purpose--invites the         31
                         person or entity to give the Secretary, within the reasonable period            32
                         specified in the notice, a submission about the termination, and                33
             (b) consider any submission received in accordance with paragraph (a) (iii).                34

       (3)   The termination of financial assistance has effect despite any agreement entered into       35
             under this Part by the person or eligible entity and the Secretary.                         36

       (4)   Notice of a decision to terminate financial assistance must specify:                        37
             (a) the reason for the decision, and                                                        38
             (b) if the termination is other than for a prescribed purpose--that the person or           39
                   eligible entity receiving the assistance may apply for a review of the decision       40
                   and how to apply for the review.                                                      41

       (5)   In this section:                                                                            42
             prescribed purpose means the implementation of NDIS arrangements or another                 43
             purpose prescribed by the regulations to be a prescribed purpose.                           44




Page 18
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



Division 6          Review of decisions                                                                 1

35    Review of decisions by Civil and Administrative Tribunal                                          2

             Each of the following decisions is an administratively reviewable decision for the         3
             purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and          4
             Monitoring) Act 1993:                                                                      5
             (a) a decision under section 26 to impose a condition on the provision of financial        6
                   assistance to a person referred to in section 26 (2) (a) or (b),                     7
             (b) a decision under section 26 to provide financial assistance on behalf of an            8
                   individual who is a person in the target group instead of providing the              9
                   assistance directly to the individual,                                              10
             (c) a decision under section 33 to suspend financial assistance,                          11
             (d) a decision under section 34 to terminate financial assistance if the termination      12
                   was other than for a prescribed purpose within the meaning of that section.         13

Division 7          Miscellaneous                                                                      14

36    Secretary to conduct probity check of particular departmental workers                            15

       (1)   The Secretary must ensure that a person is not engaged as a relevant worker of the        16
             Department unless the Secretary is satisfied that the person is a suitable person to be   17
             involved in the provision of supports and services to persons in the target group.        18

       (2)   In deciding whether a person is a suitable person for the purposes of subsection (1),     19
             the Secretary must ensure that, before the person is engaged as a relevant worker:        20
              (a) a criminal record check is conducted or obtained in relation to the person, and      21
             (b) the Secretary obtains a reference for the relevant worker from at least one           22
                   referee nominated by the worker.                                                    23

       (3)   The Secretary must ensure that a further criminal record check is conducted or            24
             obtained in relation to a relevant worker at least every 4 years.                         25

       (4)   The Secretary must not engage or continue to engage a person as a relevant worker if:     26
             (a) the Secretary is satisfied, having regard to the person's criminal record check,      27
                   that the person has been convicted of a prescribed criminal offence, or             28
             (b) the person refuses to obtain or submit to a criminal record check for the             29
                   purposes of this section.                                                           30

       (5)   The regulations may make provision relating to obtaining and conducting criminal          31
             record checks for the purposes of this section, including the use of a statutory          32
             declaration to verify a person's criminal record when a criminal record check cannot      33
             be conducted or obtained.                                                                 34

       (6)   If the regulations provide for the use of a statutory declaration to verify a person's    35
             criminal record and the Secretary uses a statutory declaration instead of a criminal      36
             record check for the purposes of this section:                                            37
              (a) a requirement in subsection (2) or (3) to conduct or obtain a criminal record        38
                    check is taken to be a requirement to obtain a statutory declaration about the     39
                    person's criminal record, and                                                      40
             (b) subsection (4) (a) applies as if the reference in that paragraph to a criminal        41
                    record check were a reference to a statutory declaration, and                      42
              (c) subsection (4) (b) applies as if the reference in that paragraph to obtain or        43
                    submit to a criminal record check were a reference to provide a statutory          44
                    declaration.                                                                       45




Page 19
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



       (7)   This section does not affect a person's engagement in any employment or role with                  1
             the Department other than as a relevant worker.                                                    2

       (8)   In this section:                                                                                   3
             prescribed criminal offence has the same meaning as in section 32.                                 4
             relevant worker of the Department means a person who is engaged by the                             5
             Department in any of the following capacities to provide supports and services                     6
             directly to persons in the target group in a way that involves face to face or physical            7
             contact with those persons:                                                                        8
              (a) as a Public Service employee within the meaning of the Government Sector                      9
                    Employment Act 2013,                                                                       10
             (b) as a volunteer,                                                                               11
              (c) as a person undertaking training as part of an educational or vocational course              12
                    or program (other than a school student on work experience),                               13
             (d) as a self-employed person, contractor or subcontractor,                                       14
              (e) as a person of a type prescribed by the regulations.                                         15

37    Financial assistance to promote objects of Act                                                           16

       (1)   The Secretary may provide financial assistance to a government department, local                  17
             council or another entity for the purpose of promoting the objects of this Act.                   18

       (2)   The financial assistance may be provided in relation to a particular matter, and                  19
             subject to the conditions, the Secretary considers appropriate.                                   20

38    Giving information                                                                                       21

       (1)   This section applies if the Secretary reasonably believes a person receiving, or                  22
             seeking to receive, financial assistance under this Part has information or a document            23
             in the person's possession or control relating to:                                                24
              (a) the provision of the financial assistance, or                                                25
             (b) obtaining or providing supports or services with the financial assistance, or                 26
              (c) compliance with the person's agreement entered into under this Part in relation              27
                    to the financial assistance.                                                               28

       (2)   The Secretary may, by notice given to the person, require the person to give the                  29
             information or document to the Secretary.                                                         30

       (3)   The notice must specify:                                                                          31
             (a) the nature of the information or document, and                                                32
             (b) how the person is to give the information or document, and                                    33
             (c) the reasonable period, of at least 14 days, within which the information or                   34
                   document, is to be given.                                                                   35

       (4)   The person must comply with the notice.                                                           36
             Note. It is an offence under section 307B of the Crimes Act 1900 to give false or misleading      37
             information to a person exercising a power, authority, duty or function under, or in connection   38
             with, a law of the State.                                                                         39

39    Protection from liability for giving information                                                         40

             If a person, acting in good faith, gives information or a document in accordance with             41
             section 38, the person:                                                                           42
              (a) is not liable to any civil or criminal action for giving the information or                  43
                    document, and                                                                              44




Page 20
Disability Inclusion Bill 2014 [NSW]
Part 5 Provision of supports and services



              (b)   cannot be held to have breached any code of professional etiquette or ethics or      1
                    departed from any accepted standards of professional conduct as a result of          2
                    giving the information or document.                                                  3

40    Relationship with other Acts and laws                                                              4

       (1)   A prohibition on employment under this Act prevails to the extent of any                    5
             inconsistency between it and any other Act or law.                                          6

       (2)   The Industrial Relations Commission or any other court or tribunal does not have            7
             jurisdiction under any Act or law to order:                                                 8
              (a) the reinstatement or re-employment of a person or worker contrary to a                 9
                    prohibition on employment imposed by this Act, or                                   10
             (b) the payment of damages or compensation for any removal of a person from                11
                    employment prohibited under this Act.                                               12

41    Guidelines                                                                                        13

       (1)   The Secretary may issue guidelines to assist eligible entities in relation to compliance   14
             with the prescribed condition under section 32.                                            15

       (2)   The Secretary must publish the guidelines on the Department's website.                     16




Page 21
Disability Inclusion Bill 2014 [NSW]
Part 6 Miscellaneous



Part 6        Miscellaneous                                                                               1

42     Act to bind Crown                                                                                  2

              This Act binds the Crown in right of New South Wales and, in so far as the legislative      3
              power of the Parliament of New South Wales permits, the Crown in all its other              4
              capacities.                                                                                 5

43     Delegations                                                                                        6

       (1)    The Minister may delegate to the Secretary any of the Minister's functions under this       7
              Act, other than this power of delegation.                                                   8

       (2)    The Secretary may delegate to an appropriately qualified employee of the                    9
              Department any of the Secretary's functions under this Act.                                10

       (3)    However, the Secretary may delegate a function delegated to the Secretary under            11
              subsection (1) only if authorised in writing to do so by the Minister.                     12

44     Proceedings for offence                                                                           13

              Proceedings for an offence under this Act may be dealt with summarily before the           14
              Local Court.                                                                               15

45     Disclosure of information                                                                         16

              A person must not disclose information obtained in connection with the                     17
              administration or execution of this Act unless the disclosure is made:                     18
              (a) with the consent of the person from whom the information was obtained, or              19
              (b) in connection with the administration or execution of this Act, or                     20
              (c) for the purposes of legal proceedings arising out of this Act or of any report of      21
                   the proceedings, or                                                                   22
              (d) in accordance with a requirement imposed under the Ombudsman Act 1974, or              23
              (e) with other lawful excuse.                                                              24
              Maximum penalty: 50 penalty units.                                                         25

46     Protection from personal liability                                                                26

              A matter or thing done or omitted to be done by the Minister or another person does        27
              not, if the matter or thing was done or omitted to be done in good faith for the purpose   28
              of executing this Act, subject the Minister or person so acting personally to any          29
              action, liability, claim or demand.                                                        30

47     Sections 3-6 do not give rise to or affect a cause of action                                      31

       (1)    Nothing in sections 3-6 nor in any application of those sections by this Act gives rise    32
              to, or can be taken into account in, any civil cause of action.                            33

       (2)    In this section:                                                                           34
              civil cause of action does not include a proceeding before the Civil and                   35
              Administrative Tribunal on an application for an administrative review of a decision       36
              referred to in section 35.                                                                 37

48     Dealing with particular accounts and funds                                                        38

              Schedule 3 contains provisions about dealing with particular accounts and funds            39
              relating to people with disability who are residents of government residential centres     40
              as defined under clause 1 of that Schedule.                                                41




Page 22
Disability Inclusion Bill 2014 [NSW]
Part 6 Miscellaneous


49     Regulations                                                                                        1
              The Governor may make regulations, not inconsistent with this Act, for or with              2
              respect to any matter that by this Act is required or permitted to be prescribed or that    3
              is necessary or convenient to be prescribed for carrying out or giving effect to this       4
              Act.                                                                                        5

50     Repeal of Disability Services Act 1993 No 3                                                        6

              The Disability Services Act 1993 is repealed.                                               7

51     Review of Act                                                                                      8

       (1)    The Minister is to review this Act to determine whether the policy objectives of the        9
              Act remain valid and whether the terms of the Act remain appropriate for securing          10
              those objectives.                                                                          11

       (2)    The review is to be undertaken as soon as possible after the period of 4 years from        12
              the date of assent to this Act.                                                            13

       (3)    A report on the outcome of the review is to be tabled in each House of Parliament          14
              within 12 months after the end of the period of 4 years.                                   15




Page 23
Disability Inclusion Bill 2014 [NSW]
Schedule 1 Provisions relating to Disability Council



Schedule 1              Provisions relating to Disability Council                                       1

                                                                                    (Section 16 (7))    2

Part 1        General                                                                                   3

  1    Definitions                                                                                      4

              In this Schedule:                                                                         5
              council means the Disability Council.                                                     6
              member means a member of the council.                                                     7


Part 2        Members                                                                                   8

  2    Terms of office of members, chairperson and deputy chairperson                                   9

       (1)    A member holds office for the period (not exceeding 4 years) specified in the            10
              member's instrument of appointment, but is eligible (if otherwise qualified) for         11
              re-appointment.                                                                          12

       (2)    The chairperson and deputy chairperson of the council each hold office for the period    13
              (not more than one year) specified in the chairperson's or deputy chairperson's          14
              instrument of appointment, but are eligible for re-appointment.                          15

       (3)    This clause applies subject to this Schedule and the regulations.                        16

  3    Remuneration of members                                                                         17

              A member is entitled to be paid the remuneration (including travelling and               18
              subsistence allowances) as the Minister may from time to time determine in respect       19
              of the member.                                                                           20

  4    Vacancy in office of member                                                                     21

       (1)    The office of a member becomes vacant if the member:                                     22
              (a) dies, or                                                                             23
              (b) completes a term of office and is not re-appointed, or                               24
              (c) resigns the office by instrument in writing addressed to the Minister, or            25
              (d) is removed from office by the Governor, or                                           26
              (e) is absent from 4 consecutive meetings of the council of which reasonable             27
                    notice has been given to the member personally or by post, except on leave         28
                    granted by the council or unless the member is excused by the council for          29
                    having been absent from those meetings, or                                         30
               (f) becomes bankrupt, applies to take the benefit of any law for the relief of          31
                    bankrupt or insolvent debtors, compounds with his or her creditors or makes        32
                    an assignment of his or her remuneration for their benefit, or                     33
              (g) can no longer exercise the functions of a member, or                                 34
              (h) is convicted in New South Wales of an offence that is punishable by                  35
                    imprisonment for 12 months or more or is convicted elsewhere than in New           36
                    South Wales of an offence that, if committed in New South Wales, would be          37
                    an offence so punishable.                                                          38

       (2)    The Governor may remove a member from office at any time.                                39




Page 24
Disability Inclusion Bill 2014 [NSW]
Schedule 1 Provisions relating to Disability Council


  5    Filling of vacancy in office of member                                                            1
              If the office of any member becomes vacant, a person is, subject to this Act, to be        2
              appointed to fill the vacancy.                                                             3

  6    Effect of certain other Acts                                                                      4

       (1)    The provisions of the Government Sector Employment Act 2013 relating to the                5
              employment of Public Service employees do not apply to or in respect of the                6
              appointment of a member.                                                                   7

       (2)    If by or under any Act provision is made:                                                  8
               (a) requiring a person who is the holder of a specified office to devote the whole        9
                     of his or her time to the duties of that office, or                                10
              (b) prohibiting the person from engaging in employment outside the duties of that         11
                     office,                                                                            12
              the provision does not operate to disqualify the person from holding that office and      13
              also the office of a member or from accepting and retaining any allowance payable         14
              to the person under this Act as a member.                                                 15


Part 3        Procedure                                                                                 16

  7    General procedure                                                                                17

              The procedure for calling meetings of the council and for the conduct of business at      18
              the meetings is, subject to this Schedule and the regulations, to be determined by the    19
              council.                                                                                  20

  8    Quorum                                                                                           21

              The quorum for a meeting of the council is a majority of the members (including the       22
              chairperson) for the time being.                                                          23

  9    Presiding member                                                                                 24

       (1)    The chairperson of the council is to preside at a meeting of the council.                 25

       (2)    In the absence of the chairperson, the deputy chairperson is to preside at a meeting      26
              of the council.                                                                           27

       (3)    In the absence of the chairperson and the deputy chairperson, a member elected to         28
              chair the meeting by the members present is to preside at a meeting of the council.       29

       (4)    The person presiding has a deliberative vote and, in the event of an equality of votes,   30
              has a second or casting vote.                                                             31

10     Voting                                                                                           32

              A decision supported by a majority of the votes cast at a meeting of the council at       33
              which a quorum is present is the decision of the council.                                 34

11     First meeting                                                                                    35

              The Minister may call the first meeting of the council in such manner as the Minister     36
              thinks fit.                                                                               37




Page 25
Disability Inclusion Bill 2014 [NSW]
Schedule 2 Prescribed criminal offences



Schedule 2             Prescribed criminal offences                                                    1

                                                                                  (Section 32 (11))    2

Prescribed criminal offences                                                                           3

       (1)   For the purposes of paragraph (a) of the definition of prescribed criminal offence in     4
             section 32 (11) of this Act, the following offences are prescribed criminal offences:     5
             (a) murder,                                                                               6
             (b) a prescribed sexual offence as defined in the Criminal Procedure Act 1986,            7
             (c) an offence under any of the following provisions of Part 3 of the Crimes              8
                     Act 1900 for which the offender has been sentenced to 2 or more years             9
                     imprisonment:                                                                    10
                      (i) sections 26-30,                                                             11
                     (ii) section 33,                                                                 12
                    (iii) sections 35 and 35A,                                                        13
                    (iv) sections 37 and 38,                                                          14
                     (v) section 39,                                                                  15
                    (vi) section 44,                                                                  16
                   (vii) sections 56-59A,                                                             17
                  (viii) section 61,                                                                  18
             (d) an offence under section 98 of the Crimes Act 1900 for which the offender has        19
                     been sentenced to 2 or more years imprisonment,                                  20
             (e) an offence under section 13 or 14 of the Crimes (Domestic and Personal               21
                     Violence) Act 2007 for which the offender has been sentenced to 2 or more        22
                     years imprisonment.                                                              23

       (2)   A prescribed criminal offence includes an offence committed outside of the State         24
             that, if it had been committed in the State, would have constituted an offence of a      25
             kind referred to in subclause (1).                                                       26




Page 26
Disability Inclusion Bill 2014 [NSW]
Schedule 3 Residents' amenities accounts



Schedule 3            Residents' amenities accounts                                                    1

                                                                                       (Section 48)    2

 1    Definitions                                                                                      3

             In this Schedule:                                                                         4
             amenities includes supports and services.                                                 5
             government residential centre means:                                                      6
              (a) Kanangra Centre, Morisset, or                                                        7
             (b) Marsden Centre, Westmead, or                                                          8
              (c) Riverside Centre, Orange, or                                                         9
             (d) Rydalmere Centre, Rydalmere, or                                                      10
              (e) Stockton Centre, Stockton, or                                                       11
              (f) Tomaree Centre, Shoal Bay, or                                                       12
             (g) any other residential institution (whether still operating or not) that was          13
                    operated by the Minister for Health before 1 July 1989 for the benefit of         14
                    individual residents with disability.                                             15
             resident of a government residential centre means a resident of the centre with          16
             disability.                                                                              17
             residents' amenities account, in relation to a government residential centre, means      18
             any account (whatever called) or any fund established in respect of the centre before    19
             1 July 1989:                                                                             20
              (a) in which money is held for the purpose of providing funds for the provision of      21
                    amenities to be used for the benefit of residents of the centre, and              22
             (b) in respect of which the money or some of the money held in the account or            23
                    fund has been derived (whether in the form of income or capital gain) from the    24
                    investment of money in accounts held on behalf of residents.                      25

 2    Use of money held in residents' amenities accounts if centre still operating                    26

      (1)    This clause applies in respect of a residents' amenities account maintained in respect   27
             of a government residential centre if the centre is operating at the commencement of     28
             this Schedule and has not since ceased to operate.                                       29

      (2)    The person in charge of the government residential centre may use money held in the      30
             residents' amenities account for the purpose of providing amenities for the benefit of   31
             residents of the centre, but only in accordance with a scheme approved by the            32
             Secretary.                                                                               33

      (3)    Money held in the residents' amenities account may be used for the provision of          34
             amenities at the government residential centre even though the persons who will          35
             benefit from the amenities may not have been residents of the centre when the money      36
             was originally credited to the account.                                                  37

      (4)    A scheme for the use of money held in a residents' amenities account must specify:       38
             (a) the outcomes expected to be achieved from the use of the money, and                  39
             (b) the performance indicators to be used to determine whether or not the                40
                   outcomes are achieved, and                                                         41
             (c) the period within which the outcomes are expected to be achieved.                    42




Page 27
Disability Inclusion Bill 2014 [NSW]
Schedule 3 Residents' amenities accounts



      (5)    The Secretary may approve a scheme for the use of money held in a residents'              1
             amenities account for a government residential centre only:                               2
             (a) after consultation with:                                                              3
                    (i) persons who are residents of the centre, and                                   4
                   (ii) persons who the Secretary considers are concerned with the welfare of          5
                         the residents and represent the interests of some or all of the residents,    6
                         and                                                                           7
             (b) if satisfied that the money will be used in accordance with the objects of this       8
                   Act.                                                                                9

 3    Use of money held in residents' amenities accounts if centre no longer operates                 10

      (1)    This clause applies in respect of a residents' amenities account maintained in respect   11
             of a government residential centre if the centre has ceased to operate since             12
             30 June 1989 or ceases to operate after the commencement of this Schedule.               13

      (2)    The Secretary may pay money held in the residents' amenities account:                    14
             (a) to a person in charge of a government residential centre that is still operating     15
                  so that the money may be used in accordance with a scheme approved for the          16
                  centre under clause 2, or                                                           17
             (b) to a person in charge of premises under the control of the Secretary that are        18
                  used for the purpose of providing accommodation, supports or services to            19
                  residents of the premises so that the money can be used for the benefit of the      20
                  residents.                                                                          21

      (3)    The Secretary may pay money under subclause (2) only if satisfied that the money         22
             will be used in accordance with the objects of this Act.                                 23

      (4)    The Secretary may impose conditions on the use of money paid to a person in charge       24
             of premises referred to in subclause (2) (b).                                            25

      (5)    A person in charge of a government residential centre who is paid money under            26
             subclause (2) (a) must use the money only in accordance with the scheme approved         27
             for the centre.                                                                          28

      (6)    A person in charge of premises referred to in subclause (2) (b) who is paid money        29
             under that paragraph must use the money in accordance with any conditions imposed        30
             under subclause (4).                                                                     31

 4    Investment of money pending its use                                                             32

             Pending its use in accordance with clause 2 or 3, money held in a residents' amenities   33
             account may be invested in any way authorised for the investment of trust funds.         34




Page 28
Disability Inclusion Bill 2014 [NSW]
Schedule 4 Savings, transitional and other provisions



Schedule 4              Savings, transitional and other provisions                                       1


Part 1       General                                                                                     2

  1   Regulations                                                                                        3

       (1)   The regulations may contain provisions of a savings or transitional nature consequent       4
             on the enactment of this Act or any Act that amends this Act.                               5

       (2)   Any such provision may, if the regulations so provide, take effect from the date of         6
             assent to the Act concerned or a later date.                                                7

       (3)   To the extent to which any such provision takes effect from a date that is earlier than     8
             the date of its publication on the NSW legislation website, the provision does not          9
             operate so as:                                                                             10
              (a) to affect, in a manner prejudicial to any person (other than the State or an          11
                   authority of the State), the rights of that person existing before the date of its   12
                   publication, or                                                                      13
             (b) to impose liabilities on any person (other than the State or an authority of the       14
                   State) in respect of anything done or omitted to be done before the date of its      15
                   publication.                                                                         16


Part 2       Provisions consequent on enactment of this Act                                             17

  2   Definition                                                                                        18

             In this Part:                                                                              19
             repealed Act means the repealed Disability Services Act 1993.                              20

  3   Application of provisions about probity checks                                                    21

       (1)   Section 32 of this Act does not apply to an organisation receiving financial assistance    22
             under Division 2 of Part 2 of the repealed Act immediately before the                      23
             commencement of section 32 of this Act until the day (not more than one year after         24
             that commencement) prescribed by the regulations.                                          25

       (2)   Section 36 of this Act does not apply to the Secretary until the day (not more than        26
             one year after the commencement of that section) prescribed by the regulations.            27

  4   Continuation of financial assistance and agreements                                               28

       (1)   An individual or organisation receiving financial assistance under Division 2 of           29
             Part 2 of the repealed Act immediately before the commencement of section 29 of            30
             this Act is taken to be receiving the financial assistance under this Act.                 31

       (2)   Unless the regulations otherwise provide, the financial assistance is provided subject     32
             to:                                                                                        33
              (a) the conditions to which the provision of the assistance was subject                   34
                   immediately before that commencement, and                                            35
             (b) for assistance provided to an organisation--the prescribed conditions.                 36

       (3)   For the purposes of this Act, and subject to subclause (2), an agreement entered into      37
             with the Minister under section 17 of the repealed Act and in force immediately            38
             before the commencement of section 29 of this Act:                                         39
             (a) is taken to be an agreement entered into with the Secretary under:                     40
                    (i) if the agreement was entered into with an individual--section 28 of this        41
                          Act, or                                                                       42




Page 29
Disability Inclusion Bill 2014 [NSW]
Schedule 4 Savings, transitional and other provisions



                     (ii)  if the agreement was entered into with an organisation--section 30 of      1
                           this Act, and                                                              2
              (b)   is taken to comply with any requirements relating to the agreement under          3
                    section 28 or 30.                                                                 4

       (4)   This clause is subject to clause 3.                                                      5

  5   Membership of Disability Council                                                                6

       (1)   A person who was a member of the former council immediately before the                   7
             commencement of section 15 of this Act is taken to be a member of the Disability         8
             Council.                                                                                 9

       (2)   The person who was chairperson of the former council immediately before that            10
             commencement is taken to be the chairperson of the Disability Council.                  11

       (3)   The person who was deputy chairperson of the former council immediately before          12
             that commencement is taken to be the deputy chairperson of the Disability Council.      13

       (4)   The term of office, as a member of the Disability Council, of a person referred to in   14
             subclause (1) ends on the day it would have ended under the person's instrument of      15
             appointment to the former council, unless sooner ended under this Act.                  16

       (5)   The term of office, as the chairperson or deputy chairperson of the Disability          17
             Council, of a person referred to in subclause (2) or (3) ends on the day a member of    18
             the Disability Council is first appointed as the chairperson or deputy chairperson      19
             under this Act.                                                                         20

       (6)   A person referred to in subclause (2) or (3) may be re-appointed as the chairperson     21
             or deputy chairperson of the Disability Council.                                        22

       (7)   In this clause:                                                                         23
             former council has the meaning it has in section 15 (2).                                24

  6   Schemes relating to residents' amenities accounts                                              25

             A scheme approved by the Minister under clause 2 of Schedule 3 to the repealed Act      26
             and in effect immediately before the commencement of Schedule 3 to this Act is          27
             taken to be a scheme approved by the Secretary under clause 2 of Schedule 3 to this     28
             Act.                                                                                    29




Page 30
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts



Schedule 5               Amendment of Acts                                                            1


5.1 Carers (Recognition) Act 2010 No 20                                                               2

       Section 5 Meaning of "carer"                                                                   3

       Omit section 5 (1) (a). Insert instead:                                                        4
                    (a) is a person with disability within the meaning of the Disability Inclusion    5
                           Act 2014, or                                                               6

5.2 Community Services (Complaints, Reviews and Monitoring) Act 1993                                  7
    No 2                                                                                              8

[1]    Section 4 Definitions                                                                          9

       Omit "Disability Services Act 1993" from paragraph (e) of the definition of community         10
       welfare legislation in section 4 (1).                                                         11

       Insert instead "Disability Inclusion Act 2014".                                               12

[2]    Section 28 Applications to Tribunal for administrative reviews of decisions                   13

       Omit "section 20 of the Disability Services Act 1993" from section 28 (1) (a).                14

       Insert instead "section 35 of the Disability Inclusion Act 2014".                             15

[3]    Section 34C Establishment and composition of the Team                                         16

       Omit "Disability Services Act 1993" from section 34C (4) (g).                                 17

       Insert instead "Disability Inclusion Act 2014".                                               18

[4]    Section 35 Application of Part                                                                19

       Omit "in a target group within the meaning of the Disability Services Act 1993" from          20
       section 35 (1) (g).                                                                           21

       Insert instead "a person in the target group within the meaning of the Disability Inclusion   22
       Act 2014".                                                                                    23

5.3 Community Welfare Act 1987 No 52                                                                 24

[1]    Section 3 Definitions                                                                         25

       Omit the definitions of council and Disability Council from section 3 (1).                    26

[2]    Section 7 Assistance funds for community welfare and social development                       27
       programs                                                                                      28

       Omit "Division 2 of Part 2 of the Disability Services Act 1993" from section 7 (3A).          29

       Insert instead "Part 5 of the Disability Inclusion Act 2014".                                 30

[3]    Part 2, Division 2, heading                                                                   31

       Omit "Council and committees". Insert instead "Committees".                                   32

[4]    Section 16 Disability Council of New South Wales                                              33

       Omit the section.                                                                             34

[5]    Section 18 Assistance to committees                                                           35

       Omit "the council or" from section 18 (1).                                                    36



Page 31
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts


 [6]   Section 19                                                                                      1
       Omit the section. Insert instead:                                                               2

        19    Reports                                                                                  3

              (1)    Each committee must give the Minister, at the times and in respect of the         4
                     periods the Minister directs, reports on the activities of the committee.         5

              (2)    A report must deal with the matters the Minister directs and the other matters    6
                     the committee considers appropriate to include in the report.                     7

 [7]   Section 78 Regulations                                                                          8

       Omit "the council or" from section 78 (1) (a).                                                  9

 [8]   Schedule 1 Constitution of council                                                             10

       Omit the Schedule.                                                                             11

 [9]   Schedule 2, heading                                                                            12

       Omit "council and".                                                                            13

[10]   Schedule 2                                                                                     14

       Omit "(Sections 14, 15, 16, 17)". Insert instead "(Section 17)".                               15

[11]   Schedule 2, clause 1                                                                           16

       Omit "the council or".                                                                         17

[12]   Schedule 2, clause 2                                                                           18

       Omit the clause. Insert instead:                                                               19

          2   Quorum                                                                                  20

                     The quorum for a meeting of a committee is a majority of the members of the      21
                     committee.                                                                       22

[13]   Schedule 2, clauses 3, 4, 9 and 12                                                             23

       Omit "the council or" wherever occurring. Insert instead "a".                                  24

[14]   Schedule 2, clause 5                                                                           25

       Omit the clause. Insert instead:                                                               26

          5   Voting                                                                                  27

                     A decision supported by a majority of votes cast at a meeting of a committee     28
                     at which a quorum is present is the decision of the committee.                   29

[15]   Schedule 2, clause 7                                                                           30

       Omit the clause. Insert instead:                                                               31

          7   Meetings                                                                                32

                     The frequency of meetings of a committee and the procedures for the conduct      33
                     of business at the meetings is, subject to any directions of the Minister, as    34
                     determined by the committee.                                                     35




Page 32
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts


[16]   Schedule 2, clause 8                                                                             1
       Omit the clause. Insert instead:                                                                 2

          8   Minutes                                                                                   3

                     The chairperson of a committee must cause minutes of the proceedings and           4
                     decisions at each meeting of the committee to be kept, and must give a copy        5
                     of the minutes to the Secretary as soon as practicable after each meeting.         6

[17]   Schedule 2, clause 10                                                                            7

       Omit the clause. Insert instead:                                                                 8

        10    Subcommittees                                                                             9

              (1)    A committee may establish subcommittees (whether or not consisting of             10
                     members of the committee) for the purpose of advising the committee about         11
                     matters within the scope of the committee's functions as may be referred to the   12
                     subcommittee by the committee.                                                    13

              (2)    The convenor of a subcommittee must be a member of the committee that             14
                     establishes it.                                                                   15

[18]   Schedule 2, clause 11                                                                           16

       Omit the clause. Insert instead:                                                                17

        11    Representatives of departments and authorities                                           18

                     A committee may invite representatives of other organisations (including State    19
                     or Commonwealth departments and public or local authorities) to participate,      20
                     but not vote, in the proceedings and deliberations of the committee.              21

[19]   Schedule 2, clause 13                                                                           22

       Omit "the council or committee in the same way as they apply to the council or".                23

       Insert instead "a committee in the same way as they apply to the".                              24

5.4 Coroners Act 2009 No 41                                                                            25

 [1]   Section 24 Jurisdiction concerning deaths of children and disabled persons                      26

       Omit "Disability Services Act 1993" from section 24 (1) (e).                                    27

       Insert instead "Disability Inclusion Act 2014".                                                 28

 [2]   Section 24 (1) (f)                                                                              29

       Omit "in a target group within the meaning of the Disability Services Act 1993".                30

       Insert instead "a person in the target group within the meaning of the Disability Inclusion     31
       Act 2014".                                                                                      32

5.5 Home Care Service Act 1988 No 6                                                                    33

       Section 7AA Certain functions to be exercised in accordance with Disability                     34
       Inclusion Act 2014                                                                              35

       Omit "Division 2 of Part 2 of the Disability Services Act 1993".                                36

       Insert instead "Part 5 of the Disability Inclusion Act 2014".                                   37




Page 33
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts



5.6 Land Tax Management Act 1956 No 26                                                                    1

       Section 3B Concessional trust--meaning                                                             2

       Omit "Disability Services Act 1993" from section 3B (1) (b) (iii).                                 3

       Insert instead "Disability Inclusion Act 2014".                                                    4

5.7 National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104                                   5

[1]    Section 4 Interpretation--key definitions                                                          6

       Omit paragraph (a) of the definition of disability services legislation. Insert instead:           7
                   (a) Disability Inclusion Act 2014,                                                     8

[2]    Section 22 General relationship of Act with other State legislation                                9

       Omit "Disability Services Act 1993" from section 22 (1) (c).                                      10

       Insert instead "Disability Inclusion Act 2014".                                                   11

5.8 Ombudsman Act 1974 No 68                                                                             12

[1]    Part 3C                                                                                           13

       Insert before Part 4:                                                                             14


       Part 3C Protection of people with disability                                                      15

      25O     Definitions                                                                                16

                     In this Part:                                                                       17
                     Department means the Department of Family and Community Services.                   18
                     disability has the meaning it has in the Disability Inclusion Act 2014.             19
                     employee of the Department or a funded provider means any individual                20
                     engaged by the Department or provider, or by another entity under a contract        21
                     or other arrangement with the Department or provider, to provide services to        22
                     people with disability (including in the capacity of a volunteer or contractor)     23
                     that involve face to face or physical contact with, or access to the finances of,   24
                     people with disability.                                                             25
                     funded provider means an organisation receiving financial assistance under          26
                     the Disability Inclusion Act 2014 to provide supports and services for people       27
                     with disability living in supported group accommodation.                            28
                     head of a funded provider means the chief executive officer or other principal      29
                     officer of the provider.                                                            30
                     reportable allegation means an allegation against a person of a reportable          31
                     incident or an allegation of behaviour that may involve a reportable incident.      32
                     reportable conviction means a conviction (within the meaning of the Criminal        33
                     Records Act 1991) of an offence involving a reportable incident.                    34
                     reportable incident--see section 25P.                                               35
                     Secretary means the Secretary of the Department.                                    36
                     supported group accommodation has the meaning it has in the Disability              37
                     Inclusion Act 2014.                                                                 38




Page 34
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts


      25P     Meaning of "reportable incident"                                                           1
              (1)    A reportable incident means:                                                        2
                     (a) an incident involving any of the following in connection with an                3
                           employee of the Department or a funded provider and a person with             4
                           disability living in supported group accommodation:                           5
                            (i) any sexual offence committed against, with or in the presence of         6
                                  the person with disability,                                            7
                           (ii) sexual misconduct committed against, with or in the presence of          8
                                  the person with disability, including grooming of the person for       9
                                  sexual activity,                                                      10
                          (iii) an assault of the person with disability, not including the use of      11
                                  physical force that, in all the circumstances, is trivial or          12
                                  negligible, but only if the matter is to be investigated under        13
                                  workplace employment procedures,                                      14
                          (iv) an offence under Part 4AA of the Crimes Act 1900 committed               15
                                  against the person with disability,                                   16
                           (v) ill-treatment or neglect of the person with disability, or               17
                     (b) an incident involving an assault of a person with disability living in         18
                           supported group accommodation by another person with disability              19
                           living in the same supported group accommodation that:                       20
                            (i) is a sexual offence, or                                                 21
                           (ii) causes serious injury, including, for example, a fracture, burns,       22
                                  deep cuts, extensive bruising or concussion, or                       23
                          (iii) involves the use of a weapon, or                                        24
                          (iv) is part of a pattern of abuse of the person with disability by the       25
                                  other person, or                                                      26
                     (c) an incident occurring in supported group accommodation and involving           27
                           a contravention of an apprehended violence order made for the                28
                           protection of a person with disability, regardless of whether the order is   29
                           contravened by an employee of the Department or a funded provider, a         30
                           person with disability living in the supported group accommodation or        31
                           another person, or                                                           32
                     (d) an incident involving an unexplained serious injury to a person with           33
                           disability living in supported group accommodation.                          34

              (2)    However, a reportable incident does not include an incident of a class or kind     35
                     exempted by the Ombudsman under section 25S.                                       36

              (3)    In this section:                                                                   37
                     apprehended violence order has the meaning it has in the Crimes (Domestic          38
                     and Personal Violence) Act 2007.                                                   39

      25Q     Ombudsman to keep systems under scrutiny                                                  40

              (1)    The Ombudsman is to keep under scrutiny the systems of the Department and          41
                     funded providers for preventing, and for handling and responding to,               42
                     reportable incidents.                                                              43

              (2)    For the purposes of subsection (1), the Ombudsman may require the Secretary        44
                     or head of a funded provider to give information about the systems to the          45
                     Ombudsman.                                                                         46




Page 35
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts


      25R     Reporting of reportable allegations or reportable convictions                               1
              (1)    The Secretary or head of a funded provider must give the Ombudsman notice            2
                     of a reportable allegation or reportable conviction of which the Secretary or        3
                     head becomes aware.                                                                  4

              (2)    The notice must:                                                                     5
                     (a) state whether the Department or funded provider intends to take any              6
                           disciplinary or other action in relation to the reportable allegation or       7
                           reportable conviction and the reasons for taking or not taking the action,     8
                           and                                                                            9
                     (b) include any written submission made to the Secretary or head of the             10
                           funded provider that a person wished to have considered in determining        11
                           what, if any, disciplinary or other action should be taken in relation to     12
                           the person.                                                                   13

              (3)    The notice must be given to the Ombudsman:                                          14
                     (a) as soon as practicable (but not more than 30 days) after the Secretary or       15
                           head of the funded provider becomes aware of the reportable allegation        16
                           or reportable conviction, or                                                  17
                     (b) by the later day agreed to by the Ombudsman.                                    18

              (4)    The Secretary or head of the funded provider must make arrangements to              19
                     require employees of the Department or funded provider to notify the                20
                     Secretary or head of any reportable allegation or reportable conviction of          21
                     which the employee becomes aware.                                                   22

      25S     Ombudsman may exempt incidents from reporting                                              23

              (1)    The Ombudsman may exempt any class or kind of incident from being a                 24
                     reportable incident.                                                                25

              (2)    The Ombudsman must notify the Secretary or head of a funded provider of an          26
                     exemption under subsection (1).                                                     27

      25T     Disclosure of information about reportable incidents                                       28

                     The Secretary, a head of a funded provider or an employee of the Department         29
                     or a funded provider (each a relevant person) may disclose to the Ombudsman         30
                     or an officer of the Ombudsman any information that leads the relevant person       31
                     to believe a reportable incident has occurred.                                      32

      25U     Monitoring by Ombudsman of investigations                                                  33

              (1)    The Ombudsman may monitor the progress of the investigation by the                  34
                     Department or a funded provider of a reportable allegation or reportable            35
                     conviction if the Ombudsman considers it is in the public interest to do so.        36

              (2)    The Ombudsman or an officer of the Ombudsman may be present as an                   37
                     observer during interviews conducted by or on behalf of the Department or           38
                     funded provider for the purpose of the investigation and may confer with the        39
                     persons conducting the investigation about its conduct and progress.                40

              (3)    The Secretary or head of the funded provider must give the Ombudsman the            41
                     information or documents relating to the investigation required by the              42
                     Ombudsman.                                                                          43

      25V     Results of investigation and action taken to be reported to Ombudsman                      44

              (1)    This section applies to an investigation of a reportable allegation or reportable   45
                     conviction that the Ombudsman monitors under this Part.                             46



Page 36
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts



              (2)    The Secretary or head of the funded provider must, as soon as practicable after       1
                     being satisfied that the investigation is concluded:                                  2
                     (a) send to the Ombudsman a copy of any report, prepared by or given to               3
                           the Secretary or head, about the progress or results of the investigation       4
                           and a copy of all statements taken in the course of the investigation and       5
                           all other documents on which the report is based, and                           6
                     (b) provide the Ombudsman with comments on the report and statements                  7
                           that the Secretary or head considers appropriate, and                           8
                     (c) inform the Ombudsman of the action taken or proposed to be taken in               9
                           relation to the reportable allegation or reportable conviction the subject     10
                           of the investigation.                                                          11

              (3)    After receiving the material and information referred to in subsection (2), the      12
                     Ombudsman may require the Secretary, head of the funded provider or any              13
                     other person involved in the investigation to give the Ombudsman any                 14
                     additional information the Ombudsman considers necessary to determine                15
                     whether the reportable allegation or reportable conviction was properly              16
                     investigated and whether appropriate action was taken as a result of the             17
                     investigation.                                                                       18

              (4)    In subsection (3), appropriate action includes any penalty for the making of a       19
                     reportable allegation that is shown to be false and malicious.                       20

     25W      Investigation by Ombudsman                                                                  21

              (1)    The Ombudsman may conduct an investigation concerning any reportable                 22
                     allegation or reportable conviction notified to the Ombudsman under this Part        23
                     or of which the Ombudsman becomes aware.                                             24

              (2)    The Ombudsman may also conduct an investigation concerning any                       25
                     inappropriate handling of or response to the reportable allegation or reportable     26
                     conviction, whether on the Ombudsman's own initiative or in response to a            27
                     complaint.                                                                           28

              (3)    The Ombudsman may exercise any conciliation or other relevant powers                 29
                     under this Act in connection with an investigation by the Ombudsman.                 30

              (4)    The Secretary or head of a funded provider is to defer an investigation into a       31
                     matter if the Ombudsman notifies the Secretary or head that the Ombudsman            32
                     intends to investigate the matter under this Act and that the investigation of the   33
                     matter should be deferred.                                                           34

              (5)    At the conclusion of an investigation by the Ombudsman, or on a decision by          35
                     the Ombudsman to refer the matter back to the Department or funded provider,         36
                     the Ombudsman is to provide the Department or provider with any                      37
                     recommendations for action to be taken in relation to the matter, together with      38
                     any necessary information relating to the recommendations.                           39

      25X     Protection and other provisions relating to disclosure of information                       40

              (1)    A provision of any Act or law that prohibits or restricts the disclosure of          41
                     information does not operate to prevent or restrict the disclosure of                42
                     information (or affect a duty to disclose information) under this Part.              43

              (2)    If a disclosure of information is made under this Part, no liability for             44
                     defamation or other civil liability is incurred because of the disclosure.           45

              (3)    This Part does not affect an obligation or power to provide information apart        46
                     from the Part.                                                                       47




Page 37
Disability Inclusion Bill 2014 [NSW]
Schedule 5 Amendment of Acts


      25Y     Extension of reporting and disclosure provisions to all public authorities                   1
                     The obligation to report under section 25R, and the authority to disclose             2
                     information under section 25T, with respect to the Department extends to              3
                     other public authorities if the reportable incident concerned arises in the course    4
                     of employment with the public authority.                                              5

      25Z     Application of other provisions of this Act                                                  6

              (1)    The provisions of this Act apply in relation to a matter arising under this Part      7
                     even though the matter may not involve the conduct of a public authority,             8
                     subject to any modifications prescribed by the regulations.                           9

              (2)    For the purpose of subsection (1), a reference in the provisions to a public         10
                     authority includes a reference to a funded provider and its employees.               11

[2]    Schedule 1 Excluded conduct of public authorities                                                  12

       Insert at the end of paragraph (d) of clause 12 of Schedule 1:                                     13
                            , or                                                                          14
                      (e) relates to a reportable incident or a reportable conviction (within the         15
                            meaning of Part 3C of this Act), or to the inappropriate handling or          16
                            response to such an incident or conviction.                                   17

5.9 Payroll Tax Rebate Scheme (Disability Employment) Act 2011 No 54                                      18

       Section 6 Eligible employees                                                                       19

       Omit "in the target group under the Disability Services Act 1993" from section 6 (1) (a).          20

       Insert instead "a person in the target group within the meaning of the Disability Inclusion        21
       Act 2014".                                                                                         22




Page 38


 


[Index] [Search] [Download] [Related Items] [Help]