Commonwealth Numbered Acts

HEALTH, HOUSING AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1992 No. 88 of 1992 - SECT 16

16. After Division 3 of Part II of the Principal Act the following Divisions
are inserted:

"Division 3A - Disability Standards
Review Panels Establishment

"14B.(1) The Minister must establish a Disability Standards Review Panel for
each State or Territory.

"(2) A Panel so established may operate in respect of one or more States and
Territories. Functions

"14C.(1) The functions of a Disability Standards Review Panel for a State or
Territory are:

   (a)  to review and to report, in writing, to the Minister on the
        performance, in the State or Territory, of an eligible service,
        transitional service or prescribed service in relation to which the
        Minister proposes to make a declaration under section 14G; and

   (b)  to undertake such other functions as the Minister directs.

"(2) The Panel is to perform its functions:

   (a)  at the Minister's direction; or

   (b)  at the written request of an eligible organisation that is providing a
        service in relation to which the Minister proposes to make a
        declaration under section 14G.

"(3) In conducting the review, the Panel is to consider whether the applicable
standards were met in respect of the provision of the service.

"(4) The Panel's report is to include:

   (a)  its findings and the reasons for those findings; and

   (b)  its recommendations to the Minister arising from those findings.

"(5) In this section:
'service' means an eligible service, a transitional service or a prescribed
service. Powers

"14D. Subject to this Part, a Disability Standards Review Panel has power to
do all things necessary or convenient to be done in connection with the
performance of its functions. Performance of a Disability Standards Review
Panel's functions

"14E. In performing its functions, a Disability Standards Review Panel:

   (a)  must act with as little formality as possible; and

   (b)  must act as quickly as is appropriate given the requirements of this
        Part and the need properly to consider a matter before it; and

   (c)  is not bound by the rules of evidence; and

   (d)  may inform itself on anything relevant to the matter before it in any
        way it thinks fit; and

   (e)  may receive information or submissions orally or by written
        statements; and

   (f)  may, in respect of a matter before it, consult such persons as it
        thinks fit. Minister may make orders

"14F. The Minister may make orders providing for the following matters:

   (a)  the notice requirements to be complied with before the Minister makes
        a declaration under section 14G;

   (b)  the procedures to be followed prior to a Disability Standards Review
        Panel conducting a review under section 14C;

   (c)  the procedures to be followed by the Panel in conducting the review;

   (d)  the making of recommendations under paragraph 14C(4)(b);

   (e)  the appointment, terms and conditions of appointment, resignation and
        termination of appointment of Panel members;

   (f)  the duties associated with holding office as a Panel member;

   (g)  any other matter relating to the establishment or the operation of a
        Panel in relation to which it is necessary or convenient to make an
        order under this section.

"Division 3B - Failure to meet applicable standards
in the provision of a service Declaration of failure to meet standards

"14G.(1) If:

   (a)  an eligible organisation is receiving a grant of financial assistance
        under this Part in respect of the provision of an eligible service, a
        transitional service or a prescribed service; and

   (b)  the eligible organisation is not meeting the applicable standards in
        respect of the provision of the service as required by
        subsection 10(3A), 12A(4), 13(2A), 14(5) or 14(6) (as the case may
        be); the Minister may make a declaration:

   (c)  stating that the eligible organisation is not meeting the applicable
        standards in respect of the provision of the service and,
        consequently, is in breach of the condition of the grant in
        subsection 10(3A), 12A(4), 13(2A), 14(5) or 14(6) (as the case may
        be); and

   (d)  specifying the actions that will be taken as a result of the failure
        to comply with the condition.

"(2) The actions specified under paragraph (1)(d) 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 (1)(c);

   (b)  action taken under section 14J.

"(3) Actions of a kind referred to in subsection (2) may only be taken if they
are specified under paragraph (1)(d).

"(4) The Minister must provide a copy of the declaration to the eligible
organisation concerned. Certain matters to occur before Minister makes a
declaration or takes action

"14H.(1) The Minister must not make a declaration under section 14G in
relation to an eligible service, a transitional service or a prescribed
service unless:

   (a)  a Disability Standards Review Panel has been established for the State
        or Territory in which the service operates; and

   (b)  any requirements of the orders have been complied with; and

   (c)  the Minister has complied with any guidelines in force under section 5
        that relate to the making of such a declaration; and

   (d)  if an eligible organisation has applied, under the orders, to the
        Panel for a review under section 14C of the performance of the service
        - the Minister, in making the declaration, has had regard to the
        recommendations made by the Panel under paragraph 14C(4)(b).

"(2) Nothing in this section implies that, in making the declaration, the
Minister is obliged to give effect to the recommendations made by the Panel if
he or she is satisfied that there is a more appropriate course of action.
Information about Minister's declaration may be made available to the public

"14J. If:

   (a)  an eligible organisation is receiving a grant of financial assistance
        under this Part in respect of the provision by it of an eligible
        service, a transitional service or a prescribed service; and

   (b)  the Minister has made a declaration under section 14G in respect of
        the organisation's provision of the service; the Minister may make
        available to the public, in any way the Minister thinks fit, any or
        all of the following information:

   (c)  the eligible organisation's name and address;

   (d)  the name and address of the service that is the subject of the
        declaration;

   (e)  the terms of the Minister's declaration under section 14G;

   (f)  details of the eligible organisation's failure to meet the applicable
        standards in respect of the provision of the service;

   (g)  the actions taken in respect of the eligible organisation's failure to
        meet the applicable standards.".