This instrument is the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Rules 2025.

This instrument commences on the day after the instrument is registered.

3 Authority

This instrument is made under item 10 of Schedule 3 of the Disability Services (Consequential Amendments and Transitional Provisions) Act 2023.

4 Interpretation

In this instrument:

Act means the Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023.

Advocacy service has the same meaning in the DS Act.

DS Act means the Disability Services Act 1986.

DSI Act means the Disability Services and Inclusion Act 2023.

Employment service has the same meaning in the DS Act.

Regulated activity has the same meaning in the DSI Act.

Rehabilitation program has the same meaning in the DS Act.

Transition Period means the period starting on 1 July 2025 and ending 31 December 2025.

Part 2—Transitional Rules for Certificates of Compliance under the DSI Act

5 Certificates of Compliance issued under DS Act have effect under the DSI Act

(1) For subparagraph 9(1)(a)(i) of the DSI Act, a person is taken to hold a certificate of compliance for the regulated activity during the transition period if:

(a) the person holds a certificate of compliance given under section 6D, 6DA or 6E of the DS Act that is in force on 30 June 2025; and

(b) that certificate under the DS Act is for an:

employment service; or
advocacy service; or
rehabilitation program

that is a regulated activity in relation to a payment arrangement or grant under section 13 of the DSI Act.

(2) A certificate of compliance given under section 6D, 6DA or 6E of the DS Act is in force on 30 June 2025 if:

(a) it has not been revoked by that date; and

(b) the certification body which gave the certificate has not lost its accreditation.

Note 1: The note to sub-item 4(1) of Schedule 3 of the Act provides that the grants of financial assistance made under Part II of the DS Act before, on or after 1 January 2024 can continue to be administered on and after that day.

Note 2: The note to sub-item 8(1) of Schedule 3 of the Act provides that measures or arrangements made under Part III of the DS Act as in force before 1 January 2024 continues to have effect on and after that day.

Note 3: Sub-item 6(2) of Schedule 3 of the Act provides that an accreditation in force under Part IA of the DS Act immediately before 1 January 2024 continues in force after that day in relation to the continued application of Parts II and III of that Act on and after that day.