In this Act, unless the contrary intention appears:

(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it is withdrawn; or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.

Omit "In this Part", substitute "In this Act".

Repeal the definition, substitute:

Repeal the definition, substitute:

Insert:

Omit "section 9C", substitute "paragraph 5A(1)(a)".

Repeal the definition, substitute:

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 July 2002, were transitional services within the meaning of this Act as in force at that time;

(f)

services that, immediately before 1 July 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.

Repeal the definition.

Repeal the definition.

Insert:

Repeal the definition.

Insert:

Insert:

Insert:

Repeal the definition.

Repeal the definition.

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.

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 item 52 of Schedule 1 to the Disability Services Amendment (Improved Quality Assurance) Act 2002 ).

(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 July 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 July 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.

Repeal the Division.

Omit "an eligible service, transitional service or prescribed service", substitute "a service".

Repeal the definition, substitute:

Repeal the heading, substitute:

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.

Omit "(1)(d)", substitute "(1A)(b)".

Omit "(1)(c)", substitute "(1A)(a)".

Omit "(1)(d)", substitute "(1A)(b)".

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.

Omit ", a transitional service or a prescribed service", substitute "or an employment service in respect of which a transitional grant is being received".

Omit ", a transitional service or a prescribed service", substitute "or an employment service".

After "14G", insert "or 14GA".

Add "or 14GA".

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.

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".

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.

Repeal the subsection.

Repeal the subsection.

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

Omit "In this Part", substitute "In this Act, unless the contrary intention appears".

Insert:

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).

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

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 .

Insert:

(aa)

a standard determined by the Minister under subsection 5A(1); and

(ab)

key performance indicators approved by the Minister under subsection 5A(2); and

Repeal the paragraphs, substitute:

(c)

an approval given under section 9; and

(ca)

an approval given under section 9A; and

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

Repeal the paragraphs, substitute:

(c)

the power to give approvals under section 9; and

(ca)

the power to give approvals under section 9A; and

After "other than", insert "the power to give approvals under subsection 6B(1) and".

Despite the amendments made by this Schedule, the Disability Services Act 1986 as in force immediately before the commencement of this item continues to apply in respect of grants of financial assistance in respect of employment services approved before 1 July 2002 as if those amendments had not been made.