Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 32

  (1)   If the Secretary is satisfied that:

  (a)   one of the following provides paid employment for disabled persons at certain premises:

  (i)   an entity registered under the Australian Charities and Not - for - profits Commission Act 2012 ;

  (ii)   a not - for - profit entity that is not an ACNC type of entity; and

  (b)   at least 50% of the persons employed at the premises are disabled persons;

the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.

Note:   Sheltered employment is relevant to the definition of gainful employment in section   19.

  (2)   For the purposes of subsection   (1), a disabled person is a person:

  (a)   who is:

  (i)   permanently incapacitated for work; and

  (ii)   the degree of the incapacity for work is 85% or more; and

  (iii)   50% or more of the incapacity for work is directly caused by a physical or mental impairment; or

  (b)   who, in the Secretary's opinion, would satisfy paragraph   (a) if the person were no longer engaged in paid employment.