Disability Access and Inclusion Plans — Get drafting!

LG Leader March 2019

The vast majority of the Disability Inclusion Act 2018 (“the Act”) commenced on 1 July 2018. The Act’s focus is to “promote the full inclusion in the community of people with disability” and “to assist people with disability to achieve their full potential as equal citizens”.

Importantly, the Act identifies local government bodies as being key organisations in the implementation of the Act, noting that the term ‘State authority’ is defined as including “a local council constituted under the Local Government Act 1999”.

Pursuant to section 16 of the Act, there is to be a Disability Access and Inclusion Plan (“DAIP”) for each State authority, meaning that all councils are required to prepare DAIPs.

Whilst section 16 makes some provision for what is to be included in a DAIP, the Disability Inclusion Regulations 2019 (which commenced on 7 February 2019) further specify what is to be included in a DAIP, as well as the consultation process to be undertaken in the preparation of the same.

Accordingly, for the purposes of preparing a DAIP, the Disability Inclusion (Transitional Arrangements) Regulations 2018 (which came into operation on 13 September 2018) advise that the first DAIP must be prepared by all State authorities and published on a website determined by each State authority on or before a date prescribed by the Minister by notice in the Gazette or, if no such day is prescribed, by 31 October 2020. The Minister has not yet prescribed a date.

However, there is no limitation or restriction on councils getting a ‘head start’ in drafting their DAIPs, particularly in recognition of the extensive public consultation that is required under the Disability Inclusion Regulations 2019.

If your council requires assistance in the preparation of its first DAIP, or if you have any questions in relation to the implementation of the Act, please contact us.