Disability Access and Inclusion Plan

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Section Three – Disability Access
and Inclusion Plan requirements
This section covers:
1. Disability Action and Inclusion Plans
2. Supporting legislation
3. Six outcome areas
4. Agents and contractors
5. Reporting requirements
6. Resources
The accompanying resource for this section is a PowerPoint, which could be
used as part of a workshop / presentation.
1. Disability Action and Inclusion Plans
Disability Access and Inclusion Plans (DAIPs) build on the implementation of
Disability Services Plans which have been a requirement for State and Local
Government authorities since 1996.
Public authorities are required under the Disability Services Act 1993
(amended 2004) (the Act) to develop and implement a DAIP. DAIPs outline
how public authorities will make their services, buildings and information
accessible for people with disabilities.
With the predicted increase in the number of people with disabilities it is
essential that planning for disability access and inclusion be undertaken to
make public services accessible for all members of the community.
A DAIP should be part of the overall strategic planning process of an
authority. Many public authorities currently develop their corporate, strategic
or business plans around an analysis of the needs of their customers. People
with disabilities are a subset of a broader customer base and DAIPs assist
authorities to meet their specific needs as part of customer service.
To comply with the Act, a public authority is required to:
 undertake public consultation, as specified in the regulations, when
preparing, reviewing or amending its plan;
 lodge a finalised DAIP with the Disability Services Commission (the
Commission) by 31 July 2007;
 lodge amended plans or new plans with the Commission;
 take all practicable measures to ensure that the plan is implemented by
the authority, its officers, employees, and relevant agents and
contractors;



report to the Commission each year about:
– progress made by the authority in achieving the outcomes;
– progress made by any agents and contractors of the authority in
achieving the outcomes;
– the strategies used by the authority to inform its agents and
contractors about its plan;
report in its annual report about the implementation of its plan; and
review its plan at least every five years.
2. Supporting legislation
The following legislation enshrines and supports DAIPs and recognises the
rights of people with disabilities in our community.

Disability Services Act (1993) Amended 1999 and 2004

WA Equal Opportunity Act (1984) Amended 1988

Commonwealth Disability Discrimination Act (1992)
Each of these is covered in full in section two of this training package.
3. Six outcomes areas
When developing a DAIP, public authorities must aim to achieve the six
outcomes. The outcome areas provide a framework for translating the
principles and objectives of the Act into tangible and achievable results.
Schedule 3 of the Disability Services Regulations, 2004 states the
six outcomes of a DAIP are:
1. People with disabilities have the same opportunities as other people to
access the services of, and any events organised by, a public authority.
2. People with disabilities have the same opportunities as other people to
access the buildings and other facilities of a public authority.
3. People with disabilities receive information from a public authority in a
format that will enable them to access the information as readily as
other people are able to access it.
4. People with disabilities receive the same level and quality of service
from the staff of a public authority as other people receive from the staff
of that public authority.
5. People with disabilities have the same opportunities as other people to
make complaints to a public authority.
6. People with disabilities have the same opportunities as other people to
participate in any public consultation by a public authority.
Some public authorities have included further outcome areas. For example,
some authorities have developed an outcome related to access to
employment opportunities for people with disabilities.
4. Agents and Contractors
The Act requires DAIPs to be implemented by agents and contractors as well
as the staff of a public authority. Where agents and contractors provide
services to the public on behalf of the contracting public authority, these
services are to be conducted consistent with the DAIP of the contracting
public authority. Activities undertaken by the agent or contractor must be
done so in an accessible manner.
Contractors will undertake their service consistent with DAIP outcomes
relevant to their service. Undertaking activities consistent with the contracting
public authority’s DAIP applies at the broadest level, that is, the focus is upon
broadly supporting the DAIP’s six outcomes. It does not necessarily mean
that agents and contractors will be involved in implementing every strategy
outlined in the public authority’s DAIP or developing their own DAIP.
Public authorities are to:
 promote their DAIP to contractors; and
 report annually on DAIP implementation, including progress by
contractors.
Examples of activities provided by agents and contractors that should be
accessible include:
 information for the public (newsletters, websites, advertisements);
 sporting and recreation programs; and
 events, such as information and consultation sessions and festivals.
Contracted services in which the public authority itself is the recipient of the
services (for example rewired telephone lines, waste removal) are not relevant
to the DAIP.
With the amendments to the Act, the State Solicitor’s Office has developed
the following clause as a special condition to be inserted into relevant
contracts to facilitate the provision of accessible services under the Act. The
special condition is mandatory for State Government strongly recommended
for use by Local Government.
Special Condition
Disability Access and Inclusion Plan
[Note: This clause should only be used if the Customer is required to have
a Disability Access and Inclusion Plan under the Disability Services Act
1993.]
i.
Disability Access and Inclusion Plan
If the Contract involves the supply of Services to the public, then the
successful Respondent will:
(i)
to the extent practicable, implement the Customer’s “Disability
Access and Inclusion Plan” prepared under the Disability Services Act
1993; and
(ii)
provide a report to the Customer by [
] in each year of the
Contract Term reporting on the extent to which the successful Respondent
has implemented the Customer’s Disability Access And Inclusion Plan.
The clause:
•
applies only to new contracts or contract variations / renewals;
•
applies to services provided to the public; and
•
does not apply to services provided directly to the public authority (eg.
cleaners, rewiring of telephones except where that service directly
intersects with the public).
5. Reporting requirements
There are two reporting requirements for public authorities undertaken each
year:
 DAIP Progress Reporting to the Commission; and
 summarising DAIP outcome achievements in their annual report.
The Commission must provide a report each year to the Minister for Disability
Services about DAIP progress across Western Australia. The Minister then
tables this report in Parliament. The Commission collates the data from the
DAIP Progress Reports (provided by public authorities) which will form the
basis of a statewide report.
Public authorities must provide a Progress Report to the Commission by 31
July each year.
Public authorities are also required to provide a brief summary of
achievements of the six outcome areas in their annual report. State
Government authorities need to follow the Western Australian public sector
annual reporting framework.
6. Resources
A Guide to Disability Access and Inclusion Plans
Local Government Resources
Disability Access and Inclusion Plans - Resource Manual for Local
Government
DAIP Requirements for Elected Local Government members - brochure
Local Government Contract Managers
Local Government Contractors
State Government resources
Disability Access and Inclusion Plans - Resource Manual for State
Government
State Government Contract Managers
State Government Contractors
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