Commonwealth Numbered Regulations - Explanatory Statements

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DISABILITY DISCRIMINATION AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 40

STATUTORY RULES 1999 NO. 40

Issued by the Authority of the Attorney-General

Disability Discrimination Act 1992

Disability Discrimination Amendment Regulations 1999 (No. 1)

Section 132(1) of the Disability Discrimination Act 1992 ('the Act') provides that the GovernorGeneral may make regulations prescribing matters required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 132(2) provides that before making any regulations for the purposes of section 31 or 47, the Governor-General is to take into consideration any comments made to the Minister by a Minister of a State and Territory who is responsible for matters relating to disability discrimination.

Part 2 of the Act prohibits discrimination on the basis of a person's disability. Exemptions to this prohibition are provided in Division 5 of Part 2. Section 47(2) states that this Part does not render unlawful anything done by a person in direct compliance with a prescribed law.

The purpose of the Disability Discrimination Amendment Regulations 1999 (No. ) is to make the following 'prescribed law(s)' for the purposes of s.47(2) of the Act:

*       Mental Health Act 1990 and Mental Health Regulations 1995 (NSW);

*       clauses 10(1)(c) and 11 Motor Traffic Regulations 1935 (NSW);

*       sections 20 and 20A Firearms Act 1977 (SA);

*       sections 88 and 148 Motor Vehicles Act 1959 (SA);

*       sections 75(3) and 75A Education Act 1972 (SA);

*       regulation 11 Industrial and Employee Relations (General) Regulations 1994

       (SA); and

*       section 30A and Schedule 3 Workers Rehabilitation and Compensation Act 1986

       (SA).

Section 47(3) of Division 5 provides a general exemption from the operation of the Act for things done in direct compliance with other laws for a period of 3 years commencing on 1 March 1993. This three year period was provided for in the Act to allow for the review and amendment of legislation that was inconsistent with the Act. Subsection 47(2) of the Act provides a further exemption from the operation of the Act for things done in compliance with a prescribed law.

In 1993 the then Attorney-General, the Hon Michael Lavarch MP, wrote to all State and Territory Attorneys-General regarding the need to review all legislation to remove inconsistencies between State and Territory laws and the Act, or where necessary to seek to have relevant laws prescribed.

In the context of this review the New South Wales Attorney-General, the Hon J.W. Shaw QC MLC, requested that the following Act and provisions be made prescribed laws for the purposes of s.47(2):

Mental Health Act 1990 and Mental Health Regulations 1995 (NSW); and

clauses 10(1)(c) and 11 Motor Traffic Regulations 1935 (NSW).

The South Australian Attorney-General, the Hon K. Trevor Griffin MLC, requested that the following provisions be made prescribed laws for the purposes of s.47(2):

*       sections 20 and 20A Firearms Act 1977 (SA);

*       sections 88 and 148 Motor Vehicles Act 1959 (SA);

*       sections 75(3) and 75A Education Act 1972 (SA);

*       regulation 11 Industrial and Employee Relations (General) Regulations 1994 (SA); and

*       section 30A and Schedule 3 Workers Rehabilitation and Compensation Act 1986

       (SA).

These requests are relevant to the requirement established in subsection 132(2). The AttorneyGeneral has agreed to these requests.

The regulations commence on gazettal.