3. Legislative requirements
State authorities should refer to the Act, the Disability Inclusion Regulations 2019 (SA) (DI Reg) and the Disability Inclusion (Transitional Arrangements) Regulations 2018 (SA) (Reg (Transitional)) to ensure all legislative requirements are met.
The following summary is not intended to be a substitute for legal advice. State authorities are encouraged to obtain independent legal advice relevant to their circumstances.
A DAIP must acknowledge and address:
- The risks that relate to priority groups living with disability:
- Aboriginal and Torres Strait Islander people
- culturally and linguistically diverse people.
- See (sections 9(2), (3), (4), and (5)).
A DAIP must:
- include measures to ensure that people living with disability can access mainstream supports and services provided by or on behalf of the State authority (section 16(3)(a))
- show how the State authority will give effect to the objects and principles set out in Part 5 of the Act (section 16(3)(b))
- show how the State authority will give effect to the State Plan (section 16(3)(c))
- include strategies to support people with disability in the following areas:
- access to built environs [See Note], events and facilities
- access to information and communications
- address the specific needs of people with disability in programs and services
- employment (section 16(3)(d)).
- comply with published guidelines (the Toolkit) (section 12(1)(a)).
State authorities should note that the Act and associated Regulations do not require immediate expenditure on capital works to make built environs accessible. State authorities are required to:
- Apply principles of universal design in all new builds; and
- Where possible and affordable improve existing accessibility using universal design principles.
In developing a DAIP, a State authority must:
- meet consultation requirements, including a call for submissions from members of the public (sections 16(4)(b) and (c) and reg 9)
- seek the Minister’s approval if a State authority is a council and wishes to prepare a DAIP for more than one council (section 16(5))
- take reasonable steps to ensure that residents in each affected council area are kept informed in respect of the preparation of the DAIP if the State authority is a council and wishes to prepare a DAIP for more than one council (reg 10).
The Act and associated Regulations also set out reporting requirements for State authorities:
First DAIP published
31 October 2020
Reg (Transitional) r5(2)
Publish DAIP on website of State authority’s choosing
By 31 October 2020 for first DAIP
Notify Chief Executive (CE), Department of Human Services (DHS) that DAIP has been published (first DAIP only)
(This report and the one below can be combined)
After 31 October 2020
Reg (Transitional) r5(4)
Report to CE, DHS on preparation of DAIP
Following publication of DAIP
DI Reg r9(4)
Annual Report on the operation of a DAIP to the CE, DHS (first report due 31 October 2021 for period 1 July 2020 to 30 June 2021)
31 October each year
Conduct a DAIP review and provide a report on the review to the Minister
Every four years (minimum)
Comply with requirements when making a variation to a DAIP
DI Reg r11
Provide a report as specified by CE, DHS (this report may be forwarded to the Minister)
In accordance with the regulations, share prescribed information and documents to a recipient if you believe it will assist them to perform functions described in the Act