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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Disability
Services Amendment (Improved Quality Assurance) Bill
2001
No. ,
2001
(Family and Community
Services)
A Bill for an Act to improve the
quality of employment services and rehabilitation programs provided for people
with disabilities, and for related purposes
Contents
A Bill for an Act to improve the quality of employment
services and rehabilitation programs provided for people with disabilities, and
for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Disability Services Amendment (Improved
Quality Assurance) Act 2001.
(1) Sections 1, 2 and 3 commence on the day on which this Act
receives the Royal Assent.
(2) Schedule 1 commences on 1 January 2002.
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this Act is amended or repealed as set out in the applicable items in the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.
1 After section 5
Insert:
(1) The Minister may determine:
(a) eligibility standards to be observed in the provision of an eligible
service referred to in Part II; and
(b) disability employment standards to be observed in the provision of an
employment service referred to in that Part; and
(c) rehabilitation program standards to be observed in the provision of
rehabilitation programs referred to in Part III.
(2) When the Minister determines disability employment standards under
paragraph (1)(b) or rehabilitation program standards under
paragraph (1)(c), the Minister must also approve key performance indicators
to be applied in assessing whether the standards have been observed.
2 Saving
A determination made by the Minister that was in force under paragraph
9C(a) of the Disability Services Act 1986 immediately before the
commencement of this Schedule continues in force as if it had been made by the
Minister under paragraph 5A(1)(a) inserted in that Act by item 1 but
applies only in relation to eligibility services within the meaning of that Act
as amended by this Schedule.
3 After Part I
Insert:
In this Act, unless the contrary intention appears:
accreditation means accreditation under this Part.
accredited certification body means a certification body that
holds a current accreditation.
accrediting authority means an authority approved by the
Secretary under section 6B for the purpose of granting accreditation to
certification bodies.
certificate of compliance has the meaning given by
section 6D or 6E, as the case requires.
certification body means a body that carries out certifying
functions.
certifying functions means:
(a) assessing, by reference to the relevant key performance
indicators:
(i) whether an employment service meets the disability employment
standards; and
(ii) whether the provision of rehabilitation programs meets the
rehabilitation program standards; and
(b) giving certificates of compliance in respect of employment services,
or in respect of the provision of rehabilitation programs, that meet the
relevant standards.
current accreditation means an accreditation that has not
been withdrawn.
current certificate of compliance means a certificate of
compliance that is in force.
key performance indicators means key performance indicators
approved under subsection 5A(2).
person, in relation to the provision of a rehabilitation
program, includes the Commonwealth and an authority of the
Commonwealth.
(1) The Secretary may approve an authority that has the function of
granting accreditation to certification bodies that the authority is satisfied
will carry out certifying functions competently and impartially.
(2) The Secretary must not approve an authority under subsection (1)
unless the Secretary is satisfied that the authority:
(a) is internationally recognised as a suitable authority to grant
accreditation of the kind mentioned in that subsection; and
(b) will perform its functions in an independent and impartial
way.
(1) The functions of an accrediting authority are:
(a) to assess, in accordance with disability auditing criteria established
by it and made publicly available in such manner as it considers appropriate,
whether certification bodies will carry out certifying functions competently and
impartially; and
(b) if it is satisfied that a certification body will carry out those
functions competently and impartially, to grant accreditation to the
body.
(2) If an accrediting authority ceases to be satisfied that an accredited
certification body is carrying out certifying functions competently or
impartially, the authority must, by written notice given to the body, withdraw
the body’s accreditation.
(3) If an accrediting authority grants accreditation to a certification
body or withdraws the accreditation granted to a certification body, the
authority must, as soon as practicable, notify the Secretary in writing of the
grant or withdrawal, as the case may be, of the accreditation and of the
authority’s reasons for its decision to grant or withdraw the
accreditation.
(4) An accreditation continues in force until:
(a) it is withdrawn; or
(b) if the authority that granted the accreditation ceases to be an
accrediting authority—the end of the period of 3 months after the
cessation;
whichever first occurs.
(1) If:
(a) an accredited certification body is requested by a State or eligible
organisation to give the State or organisation a certificate under this section
in respect of an employment service provided by the State or organisation;
and
(b) the accredited certification body is satisfied that the service meets
the disability employment standards;
the accredited certification body must give to the State or organisation a
certificate (a certificate of compliance) stating that the service
meets those standards.
(2) If an accredited certification body that has given a certificate of
compliance to a State or organisation in respect of a service ceases to be
satisfied that the service meets the disability employment standards, the
accredited certification body must, by written notice given to the State or
organisation, revoke the certificate.
(3) If an accredited certification body gives a certificate of compliance
to a State or eligible organisation, or revokes a certificate of compliance so
given, the accredited certification body must, as soon as practicable, notify
the Secretary in writing of the giving or revocation, as the case may be, of the
certificate and of the accredited certification body’s reasons for its
decision to give or revoke the certificate.
(4) A certificate of compliance continues in force until:
(a) it is revoked; or
(b) if the accredited certification body that gave the certificate ceases
to be accredited—the end of the period of 3 months after the
cessation;
whichever first occurs.
(1) If:
(a) an accredited certification body is requested by a person to give the
person a certificate under this section in respect of the provision of
rehabilitation programs by the person; and
(b) the accredited certification body is satisfied that the provision of
the programs meets the rehabilitation program standards;
the accredited certification body must give to the person a certificate (a
certificate of compliance) stating that the provision of the
programs meets those standards.
(2) If an accredited certification body that has given a certificate of
compliance to a person in respect of the provision of rehabilitation programs
ceases to be satisfied that the provision of the programs meets the
rehabilitation program standards, the accredited certification body must, by
written notice given to the person, revoke the certificate.
(3) If an accredited certification body gives a certificate of compliance
to a person in respect of the provision of rehabilitation programs, or revokes a
certificate of compliance so given, the accredited certification body must
notify the Secretary in writing of the giving or revocation, as the case may be,
of the certificate and of the accredited certification body’s reasons for
its decision to give or revoke the certificate.
(4) A certificate of compliance continues in force until:
(a) it is revoked; or
(b) if the accredited certification body that gave the certificate ceases
to be accredited—the end of the period of 3 months after the
cessation;
whichever first occurs.
4 Section 7
Omit “In this Part”, substitute “In this
Act”.
5 Section 7 (definition of applicable
standards)
Repeal the definition, substitute:
applicable standards for a service means:
(a) for an eligible service—the eligibility standards; or
(b) for an employment service in respect of which a transitional grant is
being received—the standards referred to in paragraph
12AB(2)(c).
6 Section 7 (definition of competitive
employment training and placement services)
Repeal the definition, substitute:
competitive employment training and placement services means
services (also known as open employment services) to assist persons with
disabilities to obtain and retain, or retain, paid employment in the work-force,
and includes:
(a) services to increase the independence, productivity or integration of
persons with disabilities in work settings; and
(b) employment preparation, and employment and vocational training
services; and
(c) services to assist the transition of persons with disabilities from
special education, or employment in supported work settings, to paid employment
in the work-force.
7 Section 7
Insert:
disability employment standards means the standards
determined by the Minister under paragraph 5A(1)(b) in relation to the provision
of an employment service.
8 Section 7 (definition of eligibility
standards)
Omit “section 9C”, substitute “paragraph
5A(1)(a)”.
9 Section 7 (definition of eligible
service)
Repeal the definition, substitute:
eligible service means a service of any of the following
kinds:
(a) accommodation support services;
(b) advocacy services;
(c) independent living training services;
(d) information services;
(e) print disability services;
(f) recreation services;
(g) respite care services;
(h) services included in a class of services approved by the Minister
under section 9.
10 Section 7 (paragraph (b) of the
definition of employment service)
Omit “clients.”, substitute:
clients;
and, without limiting the generality of the above, includes a service of
any of the following kinds:
(c) competitive employment training and placement services;
(d) supported employment services;
(e) services that, immediately before 1 January 2002, were
transitional services within the meaning of this Act as in force at that
time;
(f) services that, immediately before 1 January 2002, were prescribed
services within the meaning of this Act as in force at that time;
(g) services included in a class of services approved by the Minister
under section 9A.
11 Section 7 (definition of enhanced
standards)
Repeal the definition.
12 Section 7 (definition of minimum
standards)
Repeal the definition.
13 Section 7
Insert:
pre-2002-03 grant has the meaning given by subsection
12AA(1).
14 Section 7 (definition of prescribed
service)
Repeal the definition.
15 Section 7
Insert:
receiving a grant of financial assistance: a State or
eligible organisation is taken to be receiving a particular grant of financial
assistance from the time when the grant is approved until immediately after
payment, or payment of the last instalment, of the grant is made.
16 Section 7
Insert:
transitional grant of financial assistance means a grant of
financial assistance approved under Subdivision A of Division 2A of
Part II.
17 Section 7
Insert:
transitional period means the period:
(a) beginning on 1 January 2002; and
(b) ending on 31 December 2004.
18 Section 7 (definition of transitional
service)
Repeal the definition.
19 Section 7 (definition of transitional
strategy)
Repeal the definition.
20 Sections 9 to 9C
Repeal the sections, substitute:
The Minister may approve a class of services for the purposes of
paragraph (d) of the definition of eligible service in
section 7 if the Minister is satisfied that the provision of services
included in that class of services would:
(a) further the objects of this Act set out in section 3 and the
principles and objectives formulated under section 5; and
(b) comply with the guidelines formulated under section 5 that are
applicable to the giving of approvals under this section.
The Minister may approve a class of services for the purposes of
paragraph (g) of the definition of employment service in
section 7 if the Minister is satisfied that the provision of services
included in that class of services would:
(a) further the objects of this Act set out in section 3 and the
principles and objectives formulated under section 5; and
(b) comply with the guidelines formulated under section 5 that are
applicable to the giving of approvals under this section.
21 After Division 2 of
Part II
Insert:
(1) Subject to subsection (2), this Subdivision authorises the giving
of approval in certain circumstances to the making, during the transitional
period, of grants of financial assistance to a State or eligible organisation in
respect of an employment service if, and only if:
(a) approval was given under this Part as previously in force for a grant
(the pre-2002-03 grant) of financial assistance in respect of the
service that related to the financial year that began on 1 July 2001;
and
(b) payment of, or payment of at least one instalment of, the grant has
been made.
Note: The Disability Services Act 1986 as previously
in force continues to apply in relation to grants that relate to the financial
year that began on 1 July 2001 (see subitem 50(1) of Schedule 1 to the
Disability Services Amendment (Improved Quality Assurance) Act
2001).
(2) This Subdivision does not authorise the giving of approval at a
particular time (the relevant time) to the making of a grant of
financial assistance to a State or eligible organisation in respect of an
employment service where:
(a) at the relevant time the State or organisation holds a current
certificate of compliance in relation to the provision of the service;
or
(b) before the relevant time the State or organisation obtained a
certificate of compliance in relation to the provision of the service, and so
obtained the certificate at a time when it was receiving a grant of financial
assistance that had been approved under section 12AB, even if it does not
hold a current certificate of compliance in relation to the provision of the
service; or
(c) before the relevant time the State or organisation received a grant of
financial assistance in respect of the service that was approved under
section 12AD; or
(d) both of the following apply:
(i) before the relevant time the State or organisation received a grant of
financial assistance in respect of the service that was approved under
section 12AB;
(ii) that grant of financial assistance has been terminated for any
reason.
(1) Subject to subsection (2), the Minister may approve the making of
a grant of financial assistance to a State or eligible organisation in relation
to the provision by the State or organisation of an employment service for
persons included in the target group.
(2) The Minister must not approve the making of a grant under
subsection (1) unless:
(a) the Minister is satisfied that the making of the grant
would:
(i) further the objects of this Act set out in section 3 and the
principles and objectives formulated under section 5; and
(ii) comply with the guidelines formulated under section 5 that are
applicable to the making of grants under subsection (1); and
(b) both of the following apply:
(i) the Minister has determined a day by which the State or organisation
must obtain a certificate of compliance in respect of the service for which the
grant is sought;
(ii) the State or organisation has given a written notice to the Minister,
in accordance with the procedure set out in the relevant guidelines formulated
under section 5, stating its intention to seek to obtain such a certificate
on or before that day; and
(c) the Minister is satisfied that the State or organisation is meeting
the standards that were the applicable standards in respect of the service under
this Act as in force when the pre-2002-03 grant was approved.
(3) The Minister may make determinations for the purposes of
subparagraph (2)(b)(i) and may vary such a determination so as to fix a
later day than the day specified in the determination. However, the day
specified in a determination, or in a determination as varied, cannot be later
than 31 December 2004.
(4) A grant of financial assistance under this section to a State or
eligible organisation in relation to the provision of an employment service is
subject to the following conditions:
(a) a condition that the State or organisation meets the standards
referred to in paragraph (2)(c) at all times before:
(i) the day determined by the Minister for the purposes of
subparagraph (2)(b)(i) in relation to the service; or
(ii) the day on which the State or organisation receives, or first
receives, a certificate of compliance in respect of the service;
whichever is the earlier;
(b) a condition that the State or organisation holds a current certificate
of compliance in respect of the service at all times on and after the day
applying under paragraph (a) and before the end of the period to which the
grant relates.
This Subdivision authorises the giving of approval in certain
circumstances to the making, on or after 1 January 2002, of grants (other
than transitional grants) of financial assistance to a State or eligible
organisation in respect of an employment service.
(1) Subject to subsection (2), the Minister may approve the making of
a grant of financial assistance to a State or eligible organisation in relation
to the provision by the State or organisation of an employment service for
persons included in the target group.
(2) The Minister must not approve the making of a grant under
subsection (1) unless:
(a) the Minister is satisfied that the making of the grant
would:
(i) further the objects of this Act set out in section 3 and the
principles and objectives formulated under section 5; and
(ii) comply with the guidelines formulated under section 5 that are
applicable to the making of grants under subsection (1); and
(b) either of the following applies:
(i) the State or organisation holds a current certificate of compliance in
respect of the service for which the grant is sought;
(ii) the Minister has determined a day by which the State or organisation
must obtain a certificate of compliance in respect of the service and the State
or organisation has given a written notice to the Minister, in accordance with
the procedure set out in the relevant guidelines formulated under
section 5, stating its intention to seek to obtain such a certificate on or
before that day.
(3) Subparagraph (2)(b)(ii) does not apply in respect of the giving
of an approval at a particular time (the relevant time) to the
making of a grant to a State or eligible organisation in respect of a service if
a grant in respect of the service:
(a) had been approved before 1 January 2002 under this Part as
previously in force; or
(b) had been approved on or after that date and before the relevant time
under section 12AB or under this section;
whether or not the grant is still being received at the relevant
time.
(4) The Minister may make determinations for the purposes of
subparagraph (2)(b)(ii) and may vary such a determination so as to fix a
later day than the day specified in the determination. However, the day
specified in a determination, or in a determination as varied, cannot be later
than 12 months after the day on which the grant to which the determination
relates is approved.
(5) A grant of financial assistance under this section to a State or
eligible organisation in relation to the provision of an employment service is
subject to the condition that the State or organisation:
(a) if subparagraph (2)(b)(i) applies in respect of the approval
given by the Minister for the making of the grant—holds a current
certificate of compliance in respect of the service at all times during the
period to which the grant relates; or
(b) if subparagraph (2)(b)(ii) applies in respect of the approval
given by the Minister for the making of the grant—holds a current
certificate of compliance in respect of the service at all times on and
after:
(i) the day determined by the Minister for the purposes of that
subparagraph in relation to the service; or
(ii) the day on which the State or organisation receives, or first
receives, a certificate of compliance in respect of the service;
whichever is the earlier, and before the end of the period to which the
grant relates.
(1) Without limiting the generality of subsection 12AB(1) or 12AD(1), the
Minister may, under that subsection, approve, in relation to the provision of an
employment service, the making of a grant about any of the following:
(a) recurrent expenditure incurred or to be incurred;
(b) the cost of acquiring land (with or without buildings);
(c) the cost of acquiring, erecting, altering or extending
buildings;
(d) the cost of acquiring, altering or installing equipment.
(2) If the Minister approves the making of a grant of financial assistance
to a State or eligible organisation under section 12AB or 12AD in relation
to the provision by the State or organisation of an employment service for
persons included in the target group, the Minister must, subject to
subsection (4) and the regulations:
(a) determine the amount of the financial assistance or the manner in
which the amount of the financial assistance is to be calculated; and
(b) determine the time or times at which, and the instalments (if any) in
which, the financial assistance is to be paid; and
(c) specify any other terms and conditions on which the financial
assistance is granted.
(3) Without limiting the generality of paragraph (2)(c), the terms
and conditions that may be specified pursuant to that paragraph include terms
and conditions about any of the following:
(a) the purposes for which the financial assistance may be
applied;
(b) the amounts to be applied by the State or organisation for those
purposes or any other purpose, and the source of amounts to be so
applied;
(c) the outcomes to be achieved by persons included in the target group by
the provision of the employment service, and the rights of those persons in
relation to the provision of the employment service or otherwise;
(d) the provision of information;
(e) the provision of certificates with respect to the fulfilment of terms
and conditions;
(f) the repayment of financial assistance;
(g) the giving of security for the fulfilment of terms and
conditions;
(h) the use and disposal of, and the recovery of amounts that under the
terms and conditions are to be taken as representing the Commonwealth’s
interest in:
(i) land acquired (with or without buildings); and
(ii) buildings acquired, erected, altered or extended; and
(iii) equipment acquired, altered or installed;
as a result of the application of the financial assistance or of the
financial assistance and other money.
(4) If a grant of financial assistance under this Part is to be paid in
instalments, the instalments must be paid within 5 years after the approval of
the making of the grant.
22 Division 3 of
Part II
Repeal the Division.
23 Paragraph 14C(1)(a)
Omit “an eligible service, transitional service or prescribed
service”, substitute “a service”.
24 Subsection 14C(5) (definition of
service)
Repeal the definition, substitute:
service means:
(a) an eligible service; or
(b) an employment service in respect of which a transitional grant is
being received.
25 Division 3B
(heading)
Repeal the heading, substitute:
26 Subsection 14G(1)
Repeal the subsection, substitute:
(1) This section applies if, at any time (the relevant
time):
(a) an eligible organisation is receiving a grant of financial assistance
under Division 2 in respect of the provision of an eligible service;
or
(b) an eligible organisation is receiving a transitional grant of
financial assistance in respect of the provision of an employment service, and
the relevant time:
(i) is a time on or before the day determined by the Minister for the
purposes of subparagraph 12AB(2)(b)(i); and
(ii) where the organisation received a certificate of compliance in
respect of the service before that day—is a time before the day on which
the certificate was received;
and, in either case, the organisation is not meeting the applicable
standards in respect of the service.
(1A) The Minister may make a declaration:
(a) stating that the organisation is not meeting the applicable standards
in respect of the service and, consequently, is in breach of the condition of
the grant in subsection 10(3A) or paragraph 12AB(4)(a), as the case may be;
and
(b) specifying the actions that will be taken as a result of the failure
to comply with the condition.
27 Subsection 14G(2)
Omit “(1)(d)”, substitute “(1A)(b)”.
28 Paragraph 14G(2)(a)
Omit “(1)(c)”, substitute “(1A)(a)”.
29 Subsection 14G(3)
Omit “(1)(d)”, substitute “(1A)(b)”.
30 After section 14G
Insert:
(1) This section applies if:
(a) at any time (the relevant time) an eligible organisation
is receiving a grant of financial assistance in respect of the provision of an
employment service; and
(b) the relevant time is a time after the day determined by the Minister
for the purposes of subparagraph 12AB(2)(b)(i) or 12AD(2)(b)(ii), as the case
may be; and
(c) where the organisation received a certificate of compliance in respect
of the service before that day—the relevant time is a time on or after the
day on which the certificate was received; and
(d) at the relevant time the organisation does not hold a current
certificate of compliance in respect of the service.
(2) The Minister may make a declaration:
(a) stating that the organisation does not hold a current certificate of
compliance in respect of the service and, consequently, is in breach of the
condition of the grant in paragraph 12AB(4)(b) or subsection 12AD(5), as the
case may be; and
(b) specifying the actions that will be taken as a result of a failure to
comply with the condition.
(3) The actions specified under paragraph (2)(b) may be either or
both of the following:
(a) all or any of the actions that, under the terms and conditions of the
grant of financial assistance, may be taken as a result of the failure to comply
with the condition specified under paragraph (2)(a);
(b) action taken under section 14J.
(4) Actions of a kind referred to in subsection (3) may only be taken
if they are specified under paragraph (2)(b).
(5) The Minister must provide a copy of the declaration to the eligible
organisation concerned.
31 Subsection 14H(1)
Omit “, a transitional service or a prescribed service”,
substitute “or an employment service in respect of which a transitional
grant is being received”.
32 Paragraph 14J(1)(a)
Omit “, a transitional service or a prescribed service”,
substitute “or an employment service”.
33 Paragraph 14J(1)(b)
After “14G”, insert “or 14GA”.
34 At the end of paragraph
14J(1)(e)
Add “or 14GA”.
35 Paragraphs 14J(1)(f) and
(g)
Repeal the paragraphs, substitute:
(f) details of the eligible organisation’s failure to meet the
applicable standards or to hold the certificate of compliance, as the case may
be, in respect of the provision of the service;
(g) the actions taken in respect of the eligible organisation’s
failure.
36 Subsection 14K(1)
Omit “a service”, substitute “an eligible service or an
employment service”.
Note: The heading to section 14K is replaced by the
heading “Review of services funded under Division 2, or
Subdivision A of Division 2A, of Part II”.
37 Paragraph 14K(2)(b)
Repeal the paragraph, substitute:
(b) in relation to:
(i) an eligible service; or
(ii) an employment service, in so far as a transitional grant was made in
respect of the service;
the extent to which the State or eligible organisation complied with the
applicable standards in respect of the provision of the service.
38 Subsection 14K(3)
Repeal the subsection.
39 Subsection 15(2)
Repeal the subsection.
40 Paragraph 15(4)(a)
Repeal the paragraph, substitute:
(a) the Minister has made a declaration under section 14G or 14GA in
respect of the provision, by an eligible organisation, of an eligible service or
an employment service; and
41 Section 17
Omit “In this Part”, substitute “In this Act, unless the
contrary intention appears”.
42 Section 17
Insert:
rehabilitation program standards means the standards
determined by the Minister under paragraph 5A(1)(c) in relation to the provision
of rehabilitation programs.
43 At the end of
section 19
Add:
(2) The Secretary must not, on or after 1 January 2005, give an
approval under subsection 20(1) to the provision of rehabilitation programs for
a person unless:
(a) the person providing the program holds a current certificate of
compliance in respect of the provision of rehabilitation programs; or
(b) the Secretary is satisfied that there are exceptional circumstances
relating to the person for whom the program is to be provided that justify
approval being given even though the person providing the program does not hold
a certificate mentioned in paragraph (a).
44 Subsection 22(4) (paragraphs (a), (b)
and (c) of the definition of pensioner or
beneficiary)
Repeal the paragraphs, substitute:
(a) is receiving a social security pension, or a social security benefit,
within the meaning of subsection 23(1) of the Social Security Act 1991;
or
45 Subsection 24(6)
Repeal the subsection, substitute:
(6) The following provisions apply in relation to allowances under this
section as if an allowance under this section were an age pension under the
Social Security Act 1991:
(a) subsection 1223(1) and paragraph 1223(1AB)(d) (debt arising from
recipient’s contravention) and sections 1233 to 1237 (recovery,
write-off and waiver) of the Social Security Act 1991;
(b) sections 44, 55 and 57 (method of payment), 58 (claim for amounts
owing at recipient’s death) and 60, 61 and 62 (protection of payment) of
the Social Security (Administration) Act 1999.
46 After paragraph 31(1)(a)
Insert:
(aa) a standard determined by the Minister under subsection 5A(1);
and
47 Paragraphs 31(1)(c) and
(ca)
Repeal the paragraphs, substitute:
(c) an approval given under section 9; and
(ca) an approval given under section 9A; and
48 After paragraph 33(1)(a)
Insert:
(aa) the power to determine standards under subsection 5A(1);
and
(ab) the power to approve key performance indicators under subsection
5A(2); and
49 Paragraphs 33(1)(c) and
(ca)
Repeal the paragraphs, substitute:
(c) the power to give approvals under section 9; and
(ca) the power to give approvals under section 9A; and
50 Saving and transitional—pre-2002-03
grants of financial assistance under Disability Services
Act
(1) Despite the amendments made by this Schedule, the Disability
Services Act 1986 as in force immediately before 1 January 2002
continues to apply:
(a) in respect of grants of financial assistance in respect of employment
services that were approved before that day; and
(b) in respect of:
(i) the giving of approval to the making of grants of financial assistance
in respect of employment services that relate to the financial year that began
on 1 July 2001; and
(ii) grants so approved;
as if those amendments had not been made.
(2) In this item:
commencement day, in relation to a pre-2002-03 grant,
means:
(a) in the case of a grant that was approved as mentioned in
paragraph (1)(a)—1 January 2002; or
(b) in the case of a grant that is approved as mentioned in
paragraph (1)(b)—the day on which the grant is approved.
(3) If:
(a) a pre-2002-03 grant was or is made to a State or an eligible
organisation in relation to the provision of an employment service (the
relevant service); and
(b) one or more instalments of the grant (future
instalments) would have been payable on or after the commencement day if
this Act had not been enacted;
the following provisions have effect.
(4) If the State or organisation did not give to the Minister, before the
commencement day, a notice setting out the matters referred to in
subitem (7) and stating that it was the intention of the State or
organisation to seek to obtain a certificate of compliance in respect of the
relevant service, the future instalments are not payable to the State or
organisation except as provided by subitem (5) or (6).
(5) If, on or after the commencement day and on or before 30 June
2002:
(a) the State or organisation gives to the Minister a written notice
setting out the matters referred to in subitem (7) and stating that it is
the intention of the State or organisation to seek to obtain a certificate of
compliance in respect of the relevant service; or
(b) the State or organisation is given a certificate of compliance in
respect of the relevant service;
then:
(c) the total amount of the future instalments that were not paid to the
State or organisation because of subitem (4) is to be paid to the State or
organisation; and
(d) any subsequent future instalments are payable to the State or
organisation.
(6) If:
(a) after 30 June 2002:
(i) the State or organisation gives to the Minister a written notice
setting out the matters referred to in subitem (7) and stating that it is
the intention of the State or organisation to seek to obtain a certificate of
compliance in respect of the relevant service; or
(ii) the State or organisation is given a certificate of compliance in
respect of the relevant service; and
(b) a grant of financial assistance under Subdivision A or B of
Division 2A of Part II of the Disability Services Act 1986 as
amended by this Schedule is made to the State or organisation in respect of the
relevant service for a period beginning immediately after that date;
the total amount of the future instalments that were not paid to the State
or organisation because of subitem (4) is to be paid to the State or
organisation.
(7) A notice referred to in subitem (4), (5) or (6) must have been or
must be a notice in writing setting out the name of the State or organisation,
the nature of the relevant service and the number of places at which the service
would be or will be provided.
(8) In this item, expressions used that are defined by the Disability
Services Act 1986 as amended by this Schedule have the same meanings as in
that Act as so amended.