Australian Capital Territory Consolidated Acts

DISABILITY SERVICES ACT 1991 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     administrative unit

              •     body

              •     disallowable instrument

              •     may (see s 146)

              •     Minister

              •     must (see s 146)

              •     person

              •     territory authority.

"disability", in respect of a person, means a disability—

        (a)     that is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; and

        (b)     that is permanent or likely to be permanent; and

        (c)     that results in—

              (i)     a substantially reduced capacity of the person for communication, learning or mobility; and

              (ii)     the need for continuing support services; and

        (d)     that may or may not be of a chronic episodic nature.

"grant" means a grant under section 6 (1).

"grantee", for an agreement entered into by a person on behalf of an organisation that is an unincorporated association, means the organisation and the person, separately.

"organisation—"

        (a)     means a body (whether or not incorporated); and

        (b)     includes—

              (i)     an administrative unit; and

              (ii)     a territory authority; but

        (c)     does not include a body carried on for the purpose of profit or gain to its individual members.

"provider of services" means—

        (a)     a person who provides services to a person with disabilities (whether or not those people are related); or

        (b)     an organisation that provides services to people with disabilities.

"research and development activity" means—

        (a)     research in relation to the provision of services for people with disabilities; or

        (b)     investigation of the need for services for people with disabilities; or

        (c)     investigation of the effects of providing services to people with disabilities; or

        (d)     planning for provision of services for people with disabilities; or

        (e)     the development of proposals for the provision of services for people with disabilities; or

        (f)     the initiation of services for people with disabilities; or

        (g)     the development or implementation of training programs for—

              (i)     people engaged in the provision of services; or

              (ii)     the families of, and other people who provide care for or assistance to, people with disabilities; or

        (h)     any other activities approved under section 9.

"researcher" means a person, or an organisation, conducting research and development activities.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

Disability Services Act 1991 No 98

notified 24 December 1991 (Gaz 1991 No S155)

s 1, s 2 commenced 24 December 1991 (s 2 (1))

remainder commenced 24 June 1992 (s 2 (3))

as amended by

Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1

notified 4 June 1992 (Gaz 1992 No S71)

commenced 4 June 1992

Acts Revision (Position of Crown) Act 1993 No 44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

commenced 27 August 1993 (s 2)

Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 27

notified 30 June 1994 (Gaz 1994 No S121)

s 1, s 2 commenced 30 June 1994 (s 2 (1))

sch 1 pt 27 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

Legislation (Consequential Amendments) Act 2001 No 44 pt 104

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 104 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.2

notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 2 pt 2.2 commenced 22 March 2004 (s 2 and CN2004-4)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.29

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.29 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.13

notified LR 22 February 2011

s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

sch 3 pt 3.13 commenced 1 March 2011 (s 2)

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.150

Dictionary
s 2     om 2001 No 44 amdt 1.1118
    ins A2007-3 amdt 3.150

Notes
s 2A     ins A2007-3 amdt 3.150

Objects
s 3     am A2011-3 amdt 3.161, amdt 3.162

Definitions for Act
s 4     defs reloc to dict A2007-3 amdt 3.151
    om A2007-3 amdt 3.152

Act binds Crown
s 5     om 1993 No 44 sch 2

Financial assistance for providers of services
s 6     am A2011-3 amdt 3.163

Conditions of grants
s 7 hdg     sub A2011-3 amdt 3.164
s 7     am A2011-3 amdts 3.165-3.168

Review of effectiveness of grants
s 8     sub A2011-3 amdt 3.169

Approval of activities
s 9     am 1992 No 23 sch 1; 2001 No 44 amdt 1.1119, amdt 1.1120; A2011-3 amdt 3.170

Guidelines
s 10     am 2001 No 44 amdt 1.1121, amdt 1.1122; A2011-3 amdt 3.171, amdt 3.172

Transitional
s 11     exp 1 January 1995 (s 11 (1))

Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities
sch 2     am A2004-2 amdt 2.3

Dictionary
dict     ins A2007-3 amdt 3.153
    am A2011-3 amdt 3.173
    def disability reloc from s 4 A2007-3 amdt 3.151
    def grant am 1992 No 23 sch 1
    reloc from s 4 A2007-3 amdt 3.151
    def grantee reloc from s 4 A2007-3 amdt 3.151
    sub A2011-3 amdt 3.174
    def organisation am 1994 No 38 sch 1 pt 27
    reloc from s 4 A2007-3 amdt 3.151
    sub A2011-3 amdt 3.175
    def provider of services reloc from s 4 A2007-3 amdt 3.151
    def research and development activity am 1992 No 23 sch 1
    reloc from s 4 A2007-3 amdt 3.151
    am A2011-3 amdt 3.176
    def researcher reloc from s 4 A2007-3 amdt 3.151

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1993 No 44	31 August 1993
2	Act 1994 No 38	1 March 1999
3	A2001-44	4 April 2002
4	A2004-2	22 March 2004
5	A2007-3	12 April 2007

© Australian Capital Territory 2011

Australian Capital Territory

A1991-98

Republication No 6

Effective: 1 March 2011

Republication date: 1 March 2011

Last amendment made by A2011-3





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Disability Services Act 1991

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011

. It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Disability Services Act 1991

Endnotes

Australian Capital Territory

Disability Services Act 1991