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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Commonwealth
Rehabilitation Service Reform Bill 1998
No.
, 1998
(Health and Family
Services)
A Bill for an Act to enact
transitional provisions relating to the corporatisation of the Commonwealth
Rehabilitation Service, and for related purposes
9803820—822/25.3.1998—(38/98)
Cat. No. 97 2826 0 ISBN 0644 518669
Contents
A Bill for an Act to enact transitional provisions
relating to the corporatisation of the Commonwealth Rehabilitation Service, and
for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Commonwealth Rehabilitation Service
Reform Act 1998.
(1) Parts 1 and 2 commence on the day on which this Act receives the Royal
Assent.
(2) Subject to subsection (3), Part 3 commences on a day to be fixed by
Proclamation.
(3) If Part 3 does not commence under subsection (2) within the period of
6 months after the day on which this Act receives the Royal Assent, that Part
commences on the first day after the end of that period.
The following is a simplified outline of this Part:
• This Part provides for the corporatisation of
the Commonwealth Rehabilitation Service (CRS). CRS was a part of
the Department as at the commencement of this Part.
• In this Part, the new corporate structure for
the operations of the CRS is called the nominated
company.
• The Commonwealth may transfer CRS assets,
contracts and liabilities to the nominated company.
• Except as prescribed by regulation, the
nominated company will be exempt from State and Territory taxes so long as the
company is Commonwealth-owned.
• The nominated company will generally not be
treated as an agency of the Commonwealth.
In this Part, unless the contrary intention appears:
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
Commonwealth-owned, in relation to a company, has the meaning
given by section 6.
contract includes:
(a) a deed; and
(b) a deed poll.
CRS means the Commonwealth Rehabilitation Service.
instrument includes a document.
land registration official, in relation to land, means the
Registrar of Titles or other proper officer of the State or Territory in which
the land is situated.
liability means any liability, duty or obligation, whether
actual, contingent or prospective.
nominated company has the meaning given by section
5.
(1) The Minister may, by writing, declare that a specified company is the
nominated company for the purposes of this Part.
(2) A declaration is not to be made in respect of a company unless the
company:
(a) is incorporated under the Corporations Law of the Australian Capital
Territory; and
(b) has a share capital.
(3) The declaration has effect accordingly.
(4) A copy of the declaration is to be published in the Gazette
within 21 days after the making of the declaration.
For the purposes of this Part, a company is
Commonwealth-owned at a particular time if, and only if, all the
shares in the company are beneficially owned by the Commonwealth at that
time.
This Part binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
This Part extends to all the external Territories.
This Part extends to acts, omissions, matters and things outside
Australia, whether or not in a foreign country.
(1) This section applies to an asset of the Commonwealth that was used, is
used, or is proposed to be used, by CRS.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified asset vests in the nominated company at
a specified time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to a specified
asset continues to have effect after the asset vests in the nominated company as
if a reference in the instrument to the Commonwealth were a reference to the
nominated company;
(c) a declaration that the nominated company becomes the
Commonwealth’s successor in law in relation to a specified asset
immediately after the asset vests in the nominated company.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the
Gazette within 21 days after the making of the declaration.
(5) A time specified under paragraph (2)(a) must be a time when the
nominated company is Commonwealth-owned.
(6) Subsection (2) does not prevent the Commonwealth from transferring an
asset to the nominated company otherwise than under that subsection.
(1) This section applies to a contract (other than a contract of
employment):
(a) that related or relates to CRS; and
(b) to which the Commonwealth is a party.
(2) The Minister may, by writing, declare that the Commonwealth’s
rights and obligations under a specified contract:
(a) cease to be rights and obligations of the Commonwealth at a specified
time; and
(b) become rights and obligations of the nominated company at that
time.
(3) The Minister may, by writing, declare that a specified contract
continues to have effect after a specified time as if a reference in the
contract to the Commonwealth were a reference to the nominated
company.
(4) The Minister may, by writing, declare that a specified instrument
relating to a specified contract continues to have effect, after the
Commonwealth’s rights and obligations under the contract become rights and
obligations of the nominated company, as if a reference in the instrument to the
Commonwealth were a reference to the nominated company.
(5) The Minister may, by writing, declare that the nominated company
becomes the Commonwealth’s successor in law, in relation to the
Commonwealth’s rights and obligations under a specified contract,
immediately after the Commonwealth’s rights and obligations under the
contract become rights and obligations of the nominated company.
(6) A declaration under this section has effect accordingly.
(7) A copy of a declaration under this section is to be published in the
Gazette within 21 days after the making of the declaration.
(8) A time specified under subsection (2) or (3) must be a time when the
nominated company is Commonwealth-owned.
(9) This section does not, by implication, limit section 10.
(1) This section applies to a liability of the Commonwealth that related
or relates to CRS.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
the Commonwealth and becomes a liability of the nominated company at a specified
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the nominated company as if a reference in the instrument to the Commonwealth
were a reference to the nominated company;
(c) a declaration that the nominated company becomes the
Commonwealth’s successor in law in relation to a specified liability
immediately after the liability becomes a liability of the nominated
company.
(3) A declaration under subsection (2) has effect accordingly.
(4) A copy of a declaration under subsection (2) is to be published in the
Gazette within 21 days after the making of the declaration.
(5) A time specified under paragraph (2)(a) must be a time when the
nominated company is Commonwealth-owned.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the nominated
company under section 10; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land; and
(iii) states that the right, title or interest has become vested in the
nominated company under section 10.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is
taken to be such a certificate, and to have been properly given, unless the
contrary is established.
This Division, in so far as it provides for the interpretation of
references in other instruments, does not modify any register kept by a land
registration official under a law of a State or Territory.
(1) The nominated company is not subject to taxation under a law of a
State or Territory in respect of a particular period if, throughout that
period:
(a) the nominated company is Commonwealth-owned; and
(b) the nominated company only carries on activities that are within the
legislative powers of the Parliament.
(2) The regulations may provide that subsection (1) does not apply in
relation to taxation under a specified law.
(1) Subject to subsection (2), the nominated company is not taken, for the
purposes of a law, to be:
(a) a Commonwealth authority; or
(b) established for a public purpose or for a purpose of the Commonwealth;
or
(c) a public authority or an agency or instrumentality of the
Crown;
(within the ordinary meaning of the expression concerned) unless a law
expressly provides otherwise.
(2) Subsection (1) does not prevent the nominated company from being a
Commonwealth authority for the purposes of the Public Service Act 1922 if
paragraph (c) or (d) of the definition of Commonwealth authority
in subsection 7(1) of that Act applies to the company.
(3) Subsection (2) is enacted for the avoidance of doubt.
(4) In this section:
law means:
(a) an Act of the Commonwealth or of a State or Territory; or
(b) regulations or any other instrument made under such an Act.
(1) If:
(a) apart from this section, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the Court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
To avoid doubt, an instrument made under this Part (other than a
regulation under section 19) is not taken to be a legislative instrument for the
purposes of the Legislative Instruments Act 1998.
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Part.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Repeal the Parts.
2 Saving
(1) Despite the repeal of Parts V and VA of the Defence
(Re-establishment) Act 1965, those Parts continue to apply in respect of
people who were receiving any assistance or benefits under those Parts
immediately before their repeal.
(2) For the purposes of the repealed Parts V and VA of the Defence
(Re-establishment) Act 1965 as they so continue to apply, any reference to,
or to a provision of, Part III of the Disability Services Act 1986 is
taken to be a reference to, or to that provision of, as the case may be, the
repealed Part III of that Act as it continues to apply under item 5 of Schedule
2 to this Act.
1 Part III
Repeal the Part.
2 Paragraph 31(1)(cb)
Omit “section 14F; and”, substitute “section
14F.”.
3 Paragraph 31(1)(d)
Repeal the paragraph.
4 Paragraph 33(1)(d)
Repeal the paragraph.
5 Saving
(1) Despite the repeals and amendments made by items 1 to 4, the
Disability Services Act 1986 as in force immediately before the
commencement of this Schedule (including that Act as affected at that time by
section 150 of the Re-establishment and Employment Act 1945 and section
47 of the Defence (Re-establishment) Act 1965) continues to apply,
subject to subitem (2), in respect of approved rehabilitation programs that were
in force at that time.
(2) For the purposes of the Disability Services Act 1986 as it
continues to apply under subitem (1):
(a) the reference in subsection 34(1) of that Act to an officer is taken
to be a reference to an employee of the nominated company referred to in section
5 of this Act; and
(b) if a delegation was in force under subsection 34(1) of that Act
immediately before the commencement of this Schedule and the person who was the
delegate becomes, at or after that commencement, an employee of the nominated
company, the delegation is taken to be a delegation given to the person,
immediately after he or she becomes such an employee, under that subsection as
it continues to have effect under paragraph (a).
1 Schedule 3
Omit:
Disability Services Act 1986, subsections 28(2) and
(6).
1 Paragraph 5(2)(g)
Repeal the paragraph, substitute:
(g) a person referred to the Minister in connection with the provision of
a service under a rehabilitation program under the repealed Part III of the
Disability Services Act 1986 as that Part continues to apply under item 5
of Schedule 2 to the Commonwealth Rehabilitation Service Reform Act
1998;
(h) a person referred to the Minister in connection with the provision of
a service under a rehabilitation program (within the meaning of the Social
Security Act 1991).
1 Section 53-10 (table item
1)
Repeal the item, substitute:
|
1 |
Rehabilitation payment |
A rehabilitation program as defined by subsection 23(1) of the Social
Security Act 1991. |
None |
1 Division 3 of Part XI
Repeal the Division.
2 Saving
(1) Despite the repeal of Division 3 of Part XI of the Re-establishment
and Employment Act 1945, that Division continues to apply in respect of
people who were receiving any assistance or benefit under that Division
immediately before its repeal.
(2) For the purposes of the repealed Division 3 of the Re-establishment
and Employment Act 1945 as it so continues to apply, any reference to, or to
a provision of, Part III of the Disability Services Act 1986 is taken to
be a reference to, or to that provision of, as the case may be, the repealed
Part III of that Act as it continues to apply under item 5 of Schedule 2 to this
Act.
1 Paragraph 8(8)(f)
Repeal the paragraph, substitute:
(f) a payment made under, or the value of, any rehabilitation
program;
2 Subsection 23(1) (paragraph (a) of the
definition of rehabilitation program)
Repeal the paragraph, substitute:
(a) a rehabilitation program under the repealed Part III of the
Disability Services Act 1986 as that Part continues to apply under item 5
of Schedule 2 to the Commonwealth Rehabilitation Service Reform Act 1998;
or
(aa) a program of rehabilitation services provided under a contract made
between the provider of the services and the Commonwealth, other than services
provided by a State or organisation wholly or partly out of financial assistance
granted to the State or organisation under Part II of the Disability Services
Act 1986; or
3 Section 31
Repeal the section, substitute:
The Secretary may determine in writing that a specified follow-up program
is a follow-up program for the purposes of this Act.
4 Saving
A follow-up program that:
(a) immediately before the commencement of item 3, was determined by the
Secretary to the Department of Social Security to be a follow-up program for the
purposes of the Social Security Act 1991; and
(b) continues in effect under repealed Part III of the Disability
Services Act 1986 as that Part continues to apply under item 5 of Schedule 2
to the Commonwealth Rehabilitation Service Reform Act 1998;
is taken to be a follow-up program determined under section 31 substituted
in the Social Security Act 1991 by that item.
5 Subparagraph 1035(b)(ii)
Repeal the subparagraph, substitute:
(ii) the person is undertaking vocational training (other than training
provided as part of a rehabilitation program);
1 Paragraph 5H(8)(m)
Repeal the paragraph, substitute:
(m) a payment made under, or the value of, any rehabilitation program
within the meaning of the Social Security Act 1991;