Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 15

15. Section 14 of the Principal Act is repealed and the following sections are
substituted: Grants of financial assistance for upgrading transitional
services and prescribed services

"14.(1) If:

   (a)  a State or eligible organisation is providing a transitional service
        for persons included in the target group; and

   (b)  the Minister is satisfied that the making of a grant under this
        subsection would comply with the guidelines formulated under section 5
        that are applicable to the making of grants under this subsection; and

   (c)  the Minister is satisfied that:

        (i)    the State or eligible organisation is meeting the enhanced
               standards in respect of the provision of the service; and

        (ii)   the State or eligible organisation will implement the steps, in
               the service's transitional strategy, for it to become an
               eligible service; the Minister may approve the making of a
               grant of financial assistance to the State or eligible
               organisation in order to help the State or eligible
               organisation to take the steps necessary to upgrade the service
               so that it meets the eligibility standards.

"(2) If:

   (a)  a State or eligible organisation is providing a prescribed service for
        persons included in the target group; and

   (b)  the Minister is satisfied 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 subsection; and

   (c)  the Minister is satisfied:

        (i)    if subsection (3) applies in respect of the service - that the
               State or eligible organisation will meet the minimum standards
               in respect of the provision of the service by the day referred
               to in paragraph (3)(c); or

        (ii)   in any other case - that the State or eligible organisation is
               meeting the minimum standards in respect of the provision of
               the service; and

   (d)  the Minister is satisfied that the State or eligible organisation will
        take adequate steps to become eligible for funding as a transitional
        service; the Minister may approve the making of a grant of financial
        assistance to the State or eligible organisation in order to help the
        State or eligible organisation to take the steps necessary to upgrade
        the service so that it meets the enhanced standards.

"(3) This subsection applies if:

   (a)  a State or eligible organisation is receiving a grant of financial
        assistance under section 13 in respect of the provision of a
        prescribed service; and

   (b)  the grant is the first grant under this Part to the State or eligible
        organisation in respect of the provision of the service; and

   (c)  the Minister has determined a day under paragraph 13(3)(ba) by which
        the State or eligible organisation must be meeting the minimum
        standards in respect of the provision of the service.

"(4) Without limiting subsections (1) and (2), the Minister may approve the
making of a grant with respect to any of the following:

   (a)  recurrent expenditure that the State or eligible organisation has
        incurred or will incur;

   (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.

"(5) If the State or eligible organisation is providing a transitional
service, the grant of financial assistance is subject to the condition that
the State or eligible organisation meets the enhanced standards in respect of
the provision of the service.

"(6) If the State or eligible organisation is providing a prescribed service,
the grant of financial assistance is subject to the condition that the State
or eligible organisation meets the minimum standards in respect of the
provision of the service:

   (a)  if subsection (3) applies in respect of the service - on and from the
        day referred to in paragraph (3)(c); or

   (b)  in any other case - on and from the day on which the financial
        assistance is granted.

"(7) If the Minister approves the making of a grant of financial assistance,
the Minister must, subject to 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 the other terms and conditions on which the financial
        assistance is granted.

"(8) Without limiting paragraph (7)(c), the Minister may specify terms and
conditions relating to any of the following matters:

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

   (b)  the amounts to be applied for those purposes or any other purpose, and
        the source of amounts to be so applied;

   (c)  the furnishing of information;

   (d)  the provision of certificates with respect to the fulfilment of terms
        and conditions;

   (e)  the repayment of financial assistance;

   (f)  the giving of security for the fulfilment of terms and conditions;

   (g)  the use and disposal of, and the recovery of amounts that under the
        terms and conditions are 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. Financial assistance not payable to
               prescribed services beyond a certain day

"14A.(1) The Minister may, in relation to a prescribed service, determine a
day beyond which financial assistance under section 13 or 14 is not payable to
the State or eligible organisation in respect of the provision of the service.

"(2) The Minister may vary the determination by substituting a later day for
the day first determined if the Minister is satisfied that the variation would
comply with the guidelines formulated undersection 5 that relate to this
section.

"(3) The Minister must cause a copy of the determination, or a copy of the
determination as so varied, to be given to the State or eligible organisation
providing the service in relation to which the determination is made.".