Commonwealth Numbered Acts

DISABILITY SERVICES ACT 1986 No. 129 of 1986 - SECT 13

13. (1) Where the Minister is of the opinion-

   (a)  that the making of a grant of financial assistance under this
        sub-section to an eligible organisation in relation to the provision
        by the eligible organisation of a prescribed service for persons
        included in the target group would be in the interests of those
        persons;

   (b)  that the eligible organisation will take adequate steps towards
        meeting the objects of this Act set out in section 3 and the
        principles and objectives formulated under section 5; and

   (c)  that the making of the grant would comply with the guidelines
        formulated under section 5 that are applicable to the making of grants
        under this sub-section, then, notwithstanding that the Minister is not
        satisfied that the making of the grant would further the objects of
        this Act and those principles and objectives, but subject to
        sub-section (5), the Minister may approve the making of the grant.

(2) Without limiting the generality of sub-section (1), the Minister may,
under that sub-section, approve the making, in relation to the provision of a
prescribed service, of a grant with respect to any of the following:

   (a)  recurrent expenditure incurred or to be incurred;

   (b)  the cost of-

        (i)    acquiring land (with or without buildings);

        (ii)   acquiring, erecting, altering or extending buildings;

        (iii)  acquiring, altering or installing equipment.

(3) Where the Minister approves the making of a grant of financial assistance
to an eligible organisation under sub-section (1) in relation to the provision
by the eligible organisation of a prescribed service for persons included in
the target group, the Minister shall, subject to sub-section (5) 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;

   (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 the terms and conditions on which the financial assistance is
        granted.

(4) Without limiting the generality of paragraph (3)(c), the terms and
conditions that may be specified pursuant to that paragraph include terms and
conditions with respect to-

   (a)  the purposes for which the financial assistance may be applied;

   (b)  the amounts to be applied by the eligible 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 prescribed service, and the rights of those
        persons in relation to the provision of the prescribed service or
        otherwise;

   (d)  the furnishing of information;

   (e)  the provision of certificates with respect to the fulfillment of terms
        and conditions;

   (f)  the repayment of financial assistance;

   (g)  the giving of security for the fulfillment of terms and conditions;
        and

   (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);

        (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.

(5) Financial assistance is not payable under sub-section (1) after 30 June
1992.