Authority for Intellectually Handicapped Persons Act 1985 (WA)
WESTERN AUSTRALIA.
AUTHORITY FOR
INTELLECTUALLY HANDICAPPED
PERSONS ACT 1985.
(Act No. 68 0 1985.)
ARRANGEMENT.
Section.
PART I—PRELIMINARY.
1. Short title.
2. Commencement.
3. Interpretation.
PART II—AUTHORITY FOR INTELLECTUALLY
HANDICAPPED PERSONS.
4. Authority established.
5. Membership of Authority.
6. Constitution and proceedings.
7. Remuneration and expenses of members.
8. Protection of members.
9. Annual report.
PART III—FUNCTIONS AND POWERS OF AUTHORITY.
10. Functions of Authority.
11. Directions by Minister.
12. Powers of Authority.
13. Power to make grants.
14. Authority may fix certain fees and charges.
15. Director.
16. Other staff.
17. Consultants, etc.
18. Superannuation.
19. Delegation.
20. Inquiry into death or injury.
Section.
PART IV—FINANCIAL PROVISIONS.
21. Funds of Authority.
22. Investment of funds.
23. General borrowing by Authority.
24. Borrowing from Treasurer.
25. Guarantees of borrowings etc.
26. Estimates.
27. Accounts to be kept.
28. Financial statements.
29. Audit.
PART V—LICENSING OF NON-GOVERNMENT SERVICES.
30. Premises for which licence required.
31. Transitional.
32. Minister may exempt.
33. Director to be subject to direction by Authority.
34. Who may apply.
35. Application.
36. Grant of licence.
37. Effect of licence.
38. Renewal of licence.
39. Cancellation and suspension of licence.
40. Director may authorize use of premises on suspension or cancellation of licence.
41. Officers of corporate licensees to be approved.
42. Surrender of licence etc.
43. Review by Authority.
44. False statements.
45. Inspectors.
46. Removal of persons from unlicensed premises.
PART VI—GENERAL.
47. Execution of documents by Authority.
48. Regulations.
49. Review of Act.
SCHEDULE.
Provisions as to constitution and proceedings of the Authority.
WESTERN AUSTRALIA.
AUTHORITY
FOR INTELLECTUALLY
HANDICAPPED PERSONS.
No. 68 of 1985.
AN ACT for the establishment of an Authority to develop and carry out policies for the provision of appropriate services for, and for advancing the welfare of, intellectually handicapped persons; and for incidental and other purposes.
[Assented to 15 November 1985.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I-PRELIMINARY.
1. This Act may be cited as the Authority for Short title.
Intellectually Handicapped Persons Act 1985.
| No. 68.] | Authority for Intellectually | [1985. |
Handicapped Persons.
Commence-
| ment. | 2. |
This Act shall come into operation on a day to be fixed by proclamation.
Interprets-
| tion | 3. | In this Act, unless the contrary intention |
appears "Account" means the account referred to in
section 21 (2);
"Authority" means the Authority for Intel- lectually Handicapped Persons established by section 4 (1);
"chairman" means the chairman appointed under section 5 (1) (a);
"deputy chairman" means the deputy chairman appointed under section 5 (3);
"Director" means the person appointed under section 15 to the office of Director, and includes an acting Director;
"intellectually handicapped person" means a person who has a general intellectual functioning which is significantly below average and concurrently has deficits in his adaptive behaviour, such conditions having become manifest during the developmental period;
"licence" means a licence under section 36;
"licensee" means a person to whom a licence is
granted;
"member" means a member of the Authority and, except for the purposes of clauses 1, 2 (c) and 3 (1) of the Schedule, includes a temporary member;
"member of a committee" means a member of
a committee appointed under clause 6 of
| the Schedule; |
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
"non-government" in relation to services pro- vided for intellectually handicapped persons means services provided otherwise than by or on behalf of the Authority or an agency or instrumentality of the Crown in right of the State or the Commonwealth; and "non-government bodies providing ser- vices" in section 5 (2) (c) means bodies providing such services;
"temporary member" means a person acting under clause 3 (1) of the Schedule.
PART II-AUTHORITY FOR INTELLECTUALLY
HANDICAPPED PERSONS.
4. (1) There is established by this section an =gired
Authority by the name of the Authority for
Intellectually Handicapped Persons.
(2) The Authority is a body corporate with perpetual succession and a common seal and is capable of
| (a) | acquiring, holding and disposing of real and personal property; |
| (b) | suing and being sued; and |
| (c) | as bodies corporate may lawfully do and suffer. |
doing and suffering all such acts and things
(3) The Authority is an agent of the Crown in right of the State.
(4)
All courts and persons acting judicially shall
take judicial notice of the common seal of the
Authority.
Membership
| 5. (1) The Authority shall consist of | of Authority. |
| (a) a chairman appointed by the Minister; and |
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Handicapped Persons.
| (b) | 5 other members appointed by the Minister in accordance with subsection (2). |
(2) Appointments by the Minister under subsec- tion (1) (b) shall be made as follows
| (a) | 2 members shall be persons who in the opinion of the Minister have experience in the provision of services to intellectually handicapped persons and knowledge of their general needs; |
| (b) | one member shall be a person who in the opinion of the Minister has experience in the education of intellectually handicapped persons and knowledge of their educational needs; |
| (c) | 2 members shall be persons who in the opinion of the Minister are suitable to represent non-government bodies providing services to intellectually handicapped persons, and at least one of those members shall be a person who in the opinion of the Minister has knowledge of, and experience in, the provision and management of such services, |
and not less than one of the four persons referred to in paragraphs (a) and (c) shall be, at the time of his appointment, a person who is, in the opinion of the Minister, a parent or relative of an intellec- tually handicapped person.
(3) One of the members appointed under sub- section (1) (b) shall be appointed by the Minister to be deputy chairman.
(4) Appointment of a person as a member, temporary member or member of a committee does not of itself render the Public Service Act 1978, or any other Act applying to persons as officers of the
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
Public Service of the State, applicable to that person, or affect or prejudice the application to him of those provisions if they applied to him at the time of his appointment.
6. The provisions of the Schedule shall have Constitution
effect with respect to the constitution and proceed- Proceedings.
ings of the Authority.
7. A member and a member of a committee shall rnar-
be paid out of the funds of the Authority such i=/,ers.°1
remuneration and travelling and other allowances
as are determined in his case by the Minister on
the recommendation of the Public Service Board.
8. A member, a member of a committee or any '07==s.
officer or employee of the Authority is not personally liable for any act done or omitted to be done in good faith by the Authority or by him acting as a member, member of a committee, officer or employee, unless the act was done by him or was omitted to be done by him maliciously or without reasonable cause.
9. (1) The Authority shall, as soon as is practic- gpl`rti
able after 1 July in each year, prepare and furnish to the Minister a report on its operations and pro- ceedings for the year ending on the preceding 30 June.
(2) The Minister shall as soon as is practicable after he has received
(a) the report; and
| (b) | copies of the financial statements under section 28 as audited by the Auditor General and his report thereon, |
cause them to be laid before each House of Parlia-
ment.
(3) For the purposes of subsection (1), the period
from the commencement of this Act to the succeed-
| ing 30 June shall be deemed to be a full year. |
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Handicapped Persons.
PART III-FUNCTIONS AND POWERS OF AUTHORITY.
Functions of
| Authority. | 10. (1) The functions of the Authority are- |
| (a) | to develop policies for the provision of comprehensive, co-ordinated and integrated services for intellectually handicapped persons; |
| (b) | to provide advice to the Minister on the funding of services for intellectually handi- capped persons; |
| (c) | to provide, and encourage and facilitate the provision of, services for intellectually handicapped persons; |
| (d) | to establish local bodies representative of intellectually handicapped persons, their families, guardians and other interested persons to advise the Authority on such matters as the Authority may specify; |
| (e) | to allocate funds as it thinks fit to bodies providing services for intellectually handi- capped persons, and to ensure that the expenditure of such funds is accounted for by such organizations to the Authority; |
| (f) | to promote the use by intellectually handi- capped persons of services that are avail- able to the public generally; |
| (g) | in conjunction with bodies providing ser- vices for intellectually handicapped persons, to establish guidelines and standards for the provision of, and for the training of persons engaged in providing, those services; |
| (h) | to investigate the effect of written laws on intellectually handicapped persons; |
(i) to undertake and encourage research relat-
|
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Handicapped Persons.
| (j) | to promote public education relating to intellectual handicap; |
| (k) | to co-operate and act jointly with persons or bodies so far as is necessary for the performance of its functions. |
(2) In the performance of its functions the Authority shall have regard to the following principles
| (a) | the capacity of each intellectually handi- capped person for physical, emotional, social and intellectual development should be recognized; |
| (b) | intellectually handicapped persons should be treated as members of the community; |
| (c) | an intellectually handicapped person should, as far as is possible, participate in decisions concerning his welfare; |
| (d) | the education of an intellectually handi- capped person should, as far as is possible, take place within the education system available to the public generally; |
| (e) | the living conditions of intellectually handi- capped persons should be as close as is possible to those considered to be normal in the mainstream of society; |
| (f) | services available to the public generally should, as far as is possible, be used for the care and treatment of intellectually handicapped persons; |
| (g) | the care and protection of an intellectually handicapped person should be arranged with the minimum of restrictions on him; |
| (h) | the family of an intellectually handicapped person should, as far as is possible, be |
|
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(i) the provision of services for intellectually handicapped persons should be arranged and co-ordinated in such a way as to be adaptable to the unique needs and potential of each intellectually handicapped person;
| (j) | where an intellectually handicapped person is in the care of the Authority, responsi- bility for his oversight, treatment and training should be clearly defined. |
(3) For the purposes of subsections (1) (f), 2 (d) and (2) (f), a service is available to the public generally if there is no restriction on eligibility for the service other than need and the ability to pay or meet a means test.
Directions by
| Minister. | 11. (1) The Minister may give to the Authority, in writing, such directions, not inconsistent with this Act, as he thinks fit either |
| (a) | generally as to a policy to be followed by the Authority; or |
| (b) | as to any particular act or proposed act of the Authority. |
(2) The Authority shall in the performance of its functions give effect to any direction given to it by the Minister under subsection (1).
Powers of
| Authority. | 12. The Authority has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions. |
| Power to |
| make grants | 13. (1) Subject to this section, the Authority |
may
(a) make grants to any body or person towards
the cost of establishing or maintaining non-
government services for intellectually
| handicapped persons; and |
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Handicapped Persons.
| (b) | give directions to any body or person to be complied with as a condition of the receipt of a grant under paragraph (a). |
(2)
The making of a grant under subsection (1)
does not affect the status of the service as a non-
government service.
(3)
No grant shall be made under this section to any body or person unless the service for which the grant is proposed to be made is being conducted in accordance with any direction of the Authority under subsection (1) (b).
(4) In this section "services" means
| (a) | social, training, vocational, or employment- related services, or the provision of living accommodation, or a combination of any such services; |
| (b) | any other service that is prescribed. |
Authority
| 14. Without limiting the generality of section 12, the Authority may, with the approval of the | may fixcertain fees |
| and charges. | |
| Minister |
| (a) | fix fees and charges for the care and main- tenance of persons residing in any resi- dential premises provided by the Authority; and |
| (b) | determine the persons or classes of persons who are liable for payment to the Authority of fees or charges so fixed in full or in part, or who may be exempted from such payment |
| 15. There shall be created in the Authority, under the Public Service Act 1978, an office of Director, and the person appointed to that office shall in addition to performing the functions con- ferred on him by Part V, administer, subject to the control of the Authority, the day to day operations | Director. |
| of the Authority. |
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Handicapped Persons.
Other staff
(1) There shall be appointed, under and subject to the Public Service Act 1978, such other officers as may be necessary to enable the Authority to perform its functions.
16.
(2) The Authority may engage persons as wages staff otherwise than under the Public Service Act 1978, and persons so engaged shall, subject to any relevant industrial award or agreement, be employed on such terms and conditions as the Minister deter- mines, after consultation with the Minister for Industrial Relations.
Consultants,
The Authority may, with the approval of the Minister, engage under contracts for services such consultants and persons to provide professional, technical or other assistance as it considers neces- sary to enable the Authority to perform its functions.
| etc. | 17. |
Superan-
| nuation. | 18. |
(1) The Authority may request the Minister to whom the administration of the Superannuation and Family Benefits Act 1938 is committed to recom- mend to the Treasurer that the Authority be included as a corporate body in the term "depart- ment" for the purposes of that Act.
(2) The Treasurer may, if that Minister so recom- mends and on the Authority complying with the requirements of that Act, approve of the Authority as, and the Authority shall thereupon be deemed to be, a "department" for the purposes of that Act.
| Delegation | 19. (1) The Authority may by resolution, either generally or as otherwise provided by the resolution, delegate to the Director, a member, a member of a committee, or a person on the staff of the Authority any of its functions under this Act other than this power of delegation. |
| (2) The performance of a function by a delegate under subsection (1) shall be deemed to be the | |
|
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Handicapped Persons.
Inquiry Into
| 20. (1) If an intellectually handicapped person | death or injury. |
dies or receives an injury, other than an injury of
a trivial nature, while he is in premises
| (a) | being conducted by the Authority for the purpose of the assessment, or diagnosis of, or of providing care, treatment, training, employment or accommodation for, intel- lectually handicapped persons; or |
(b) licensed under section 36,
the person in charge of the premises, or where paragraph (b) applies the licensee, shall, subject to subsection (5), inquire into the cause of the death or injury and as soon as is practicable report the results of the inquiry to the Authority.
On receipt of a report relating to premises referred to in subsection (1) (a), the Authority shall submit the report together with its comments thereon to the Minister, who shall take such action as he considers appropriate.
(2)
On receipt of a report relating to premises referred to in subsection (1) (b), the Authority shall consider whether any action should be taken under section 39 and may give to the Director any direction in that respect which it thinks fit.
(3)
The Director shall comply with any direction given to him under subsection (3).
(4)
(5) The Authority may by memorandum issued to its staff and to licensees, define injuries, or classes of injuries, that are of a trivial nature for the purposes of subsection (1), but no injury shall come within any such definition if the circum- stances show that there are grounds for believing that the injury arose from a wilful act of any person, or a failure by any person to take or provide reason-
| able care. | |||
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Handicapped Persons.
PART IV—FINANCIAL PROVISIONS.
Funds of
Authority. 21. (1) The funds available to the Authority to
enable it to perform its functions under this Act
are-
| (a) | moneys from time to time appropriated by Parliament for that purpose; |
| (b) | moneys received by the Authority by way of fees or charges; |
| (c) | moneys received by the Authority by way of gifts, bequests or other donations; |
| (d) | moneys borrowed by the Authority under this Act; and |
| (e) | moneys otherwise paid to or made available to the Authority. |
(2) The funds referred to in subsection (1) shall be paid into and placed to the credit of an account
(a) at the Treasury; or
| (b) | if the Treasurer so determines, at a bank approved by him, |
to be called the "Authority for Intellectually Handi-
capped Persons Account".
(3) All expenditure incurred by the Authority for the purposes of performing its functions under this Act, including the repayment of moneys borrowed by or advanced to the Authority in accordance with this Act, shall be paid from the Account and moneys standing to the credit of the Account shall be applied only for the purposes of this Act.
Investment
| of funds. | 22. The Authority may, with the approval of the Treasurer, temporarily invest any moneys standing to the credit of the Account in such manner and in such categories of investments as are approved by the Treasurer until those moneys are required for the purpose of the performance of the functions of | ||
| |||
|
Handicapped Persons.
23. (1) Subject to subsection (2), the Authority =lug by
may, with the prior approval in writing of the Authority.
Treasurer and on such terms and conditions as he
approves, borrow money for the performance by the
Authority of its functions under this Act.
(2) Before the Treasurer may approve of the borrowing of money under subsection (1), a proposal in writing showing
| (a) | the terms and particulars of the proposed loan; |
| (b) | the rate of interest to be paid on that loan; |
| (c) | the purpose to which the money borrowed is to be applied; and |
| (d) | the manner in which the loan is to be repaid, |
shall first be submitted by the Authority on the recommendation of the Minister to, and approved by, the Treasurer.
(3) Any moneys borrowed by the Authority under this section may be raised as one loan or as several loans and in such manner as the Treasurer may approve, but the amount of money so borrowed shall not in any one year exceed in the aggregate such amounts as the Treasurer approves.
(4) For the purpose of making provision to repay either the whole or any part of any loan raised under this section the Authority may, subject to this section, borrow the moneys necessary for that purpose before the loan or part of it becomes payable.
Borrowing
| 24. (1) In addition to the powers conferred on it by section 23, the Authority may borrow from the | from |
| Treasurer. | |
| Treasurer such amounts as the Treasurer approves on such conditions relating to repayment and pay- |
| ment of interest as the Treasurer imposes. |
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Handicapped Persons.
(2) By virtue of this subsection the Account and the assets of the Authority are charged with the due performance by the Authority of all obligations arising from any advance made under this section.
Guarantees
of borrow-
| ings etc. | 25. (1) The Treasurer is hereby authorized to |
guarantee
| (a) | the repayment of any amount borrowed from time to time under section 23; and |
| (b) | the payment of interest and such other charges in respect of such borrowings as he has approved. |
Before a guarantee is given by the Treasurer under this section, the Authority shall give to the Treasurer such security as the Treasurer may require and shall execute all such instruments as may be necessary for the purpose.
(2)
The Treasurer shall cause any money required for fulfilling any guarantee given by him under this section to be paid out of the Consolidated Revenue Fund which, to the extent necessary, is hereby appropriated accordingly, and the Treasurer shall cause any amounts received or recovered from the Authority or otherwise in respect of moneys so paid by him to be paid into the Consolidated Revenue Fund.
(3)
| Estimates. | 26. (1) The Authority shall cause annual esti- mates of its receipts and payments relating to the performance of its functions under this Act to be |
| (a) | prepared under such headings and in such manner as the Treasurer approves or directs; and |
(b) submitted to the Minister.
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Handicapped Persons.
(2) The Minister shall, if he approves annual estimates submitted to him under subsection (1), cause those estimates to be submitted to the Treasurer not later than a date specified by the Treasurer.
Accounts
| 27. The Authority shall | to be kept. |
| (a) | cause to be kept proper accounts and records of its transactions and affairs under such heads as the Treasurer may from time to time direct; |
| (b) | do all things necessary to ensure that- |
(i) all payments by the Authority are correctly made and properly authorized; and
(ii) adequate control is maintained over the assets of, or in the custody of, the Authority and over the incurring of liabilities by it.
28. (1) The Authority shall cause to be prepared Yatig
in respect of each financial year ending on 30 June
financial statements comprising
| (a) | a statement of financial transactions of the Authority for the financial year; |
| (b) | a statement of the financial position of the Authority at the end of the financial year; |
and
| (c) | such financial statements other than those referred to in paragraphs (a) and (b) as the Treasurer from time to time directs, |
in such form as the Treasurer approves, and shall submit those financial statements to the Auditor
| General for audit. | |||
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Handicapped Persons.
(2) The financial statements referred to in sub- section (1) shall
| (a) | present fairly the financial transactions of the Authority for the financial year to which they relate; and |
| (b) | present fairly the financial position of the Authority at the end of the financial year. |
Audit. 29. (1) On receiving the financial statements submitted to him under section 28, the Auditor General shall examine and audit the accounts and records of the financial transactions of the Authority and shall
| (a) | forthwith draw the attention of the Minister to any irregularity disclosed by that audit that is in the opinion of the Auditor General, of sufficient importance to justify him so doing; and |
(b) report to the Minister on
(i) whether or not in his opinion the financial statements are based on proper accounts and records;
(ii) whether or not in his opinion the financial statements are properly drawn up in accordance with the relevant generally accepted account- ing standards so as to present fairly the financial transactions of the Authority for the period under review and the financial position at the end of that period;
(iii) whether or not in his opinion the controls exercised by the Authority are adequate to provide reasonable assurance that the receipt, expendi- ture and investment of moneys and the acquisition and disposal of assets have been in accordance with
| this Act; and |
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
(iv) such other matters arising out of the
financial statements as the Auditor
General considers should be reported.
(2) The Auditor General has for the purposes of
this Act all the powers conferred on him by the
Audit Act 1904.
PART V-LICENSING OF NON-GOVERNMENT SERVICES.
Premises
| 30. (1) No person shall use any premises, or | for which licence |
| cause or permit any premises to be used, for the | required. |
| provision to intellectually handicapped persons of any service to which this subsection applies |
| (a) | except under and in accordance with a licence; and |
| (b) | unless the premises are under the effective supervision of the licensee. |
Penalty: $4 000 and a daily penalty of $200.
(2)
Subsection (1) applies to training, vocational, or employment-related services or the provision of living accommodation, or a combination of any such services.
(3) Subsection (1) does not apply
| (a) | to the Crown or any agency of the Crown in right of the State or the Commonwealth or any person acting on behalf of the Crown or an agency of the Crown; |
| (b) | to any private approved hospital under section 21 of the Mental Health Act 1962; or |
| (c) | to any premises by reason only that they are used by a person who is a relative of an intellectually handicapped person for the |
|
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Handicapped Persons.
(4) In subsection (3) "relative" in relation to an intellectually handicapped person means
| (a) | a parent, step-parent, brother, sister, or grand-parent of that person; |
| (b) | a foster parent under the Child Welfare Act 1947 of that person; and |
| (c) | a person who is responsible for providing for the day to day needs of that person in loco parentis. |
Transitional.
(1) Where a licence for any premises is in force under section 26Q of the Mental Health Act 1962 immediately before the commencement of this Act, section 30 (1) shall not apply to those premises until the expiration of that licence; and in the meantime Part MA of that Act shall continue to apply to those premises as if it had not been repealed and as if in that Part the terms "Minister" and "Director" had the meanings that they have under this Act.
31.
(2) Where immediately before the commence- ment of this Act premises, other than those referred to in subsection (1), are being used for the provi- sion to intellectually handicapped persons of any service to which section 30 (1) applies, those premises may continue to be so used, notwithstand- ing that section, for a period of 3 months after such commencement.
Minister may
(1) The Minister may, by notice published in the Gazette, declare that section 30 does not apply to any specified premises or class of premises used by a specified person or class of persons for the provision of specified services or class of services to intellectually handicapped persons; and may in like
| exempt. | 32. |
| manner revoke any such declaration. | |||
| 1985.] |
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Handicapped Persons.
An exemption under subsection (1) may be given so as to operate only so long as specified cir- cumstances apply or any specified condition is complied with, and U those circumstances cease to apply or any such condition is not complied with the exemption ceases to operate.
(2)
In this section "specified" means specified in a notice published under subsection (1).
(3)
Director
| 33. (1) The Authority may give to the Director, to be | subject to |
| in writing, such directions, not inconsistent with direction by | Authority. |
| this Part, as it thinks fit either— |
| (a) | generally as to a policy to be followed by the Director; or |
| (b) | as to any particular act or proposed act of the Director, |
in the performance of his functions under this Part.
(2) The Director shall in the performance of his functions under this Part give effect to any direction given to him under subsection (1).
34. A natural person who has attained the age ppM. ay
of 18 or a body corporate is eligible to apply for and
obtain a licence.
Application.
| 35. the Director in the prescribed form and shall be accompanied by the prescribed fee. | An application for a licence shall be made to |
Grant of
| 36. a licence applied for under section 35 if he is satisfied | (1) The Director shall grant to the applicant | licence. |
| (a) that the proposed premises are suitable for the service proposed to be provided; |
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Handicapped Persons.
| (b) | that the service and its objectives are appro- priate for intellectually handicapped persons; |
| (c) | that the applicant is a fit and proper person to hold the licence or, in the case of a body corporate, that every officer of that body who is directly involved in the provision of the service to which the application relates is a fit and proper person to be so involved; and |
| (d) | that arrangements for the management, equipment and staffing of the premises are satisfactory. |
(2) A licence may be granted subject to such conditions as the Director thinks fit.
(3) In subsection (1) "officer" in relation to a body corporate means every director, manager, secretary or other person, however designated, who is involved in the management of the body corporate.
Effect of
| licence. | 37. (1) A licence authorizes the licensee, subject to any condition imposed under section 36 (2), to use the premises specified in the licence for the pro- vision to intellectually handicapped persons of the service or services so specified so long as those premises are under the effective supervision of the licensee. |
| (2) A licence is not transferable and shall not vest by operation of law in any other person. |
A licence shall, unless it is sooner cancelled in accordance with section 39, continue in force until the expiration of 12 months commencing with the date on which it is issued or the expiration of a shorter period specified in the licence.
(3)
(4) Nothing in this section limits the operation of section 111 of the Child Welfare Act 1947.
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Handicapped Persons.
| Renece. | wal |
38. (1) A licence may be renewed by the Director licen
upon application for renewal being made in the prescribed form and payment of the prescribed fee.
(2) A licence which is suspended under section 39 may be renewed without affecting the continuance of the suspension.
39. (1) The Director may, by notice in writing Cancellation
served on the licensee, cancel a licence, or suspend TIrce="
a licence for such period as he thinks fit, if he is no
longer satisfied as mentioned in section 36 or is of
the opinion that the licensee has been guilty of any
default or misconduct impairing the provision of the
service to which the licence relates.
(2) Before cancelling or suspending a licence under this section the Director shall give written notification to the licensee of the grounds upon which he proposes to cancel or suspend the licence.
A person so notified may, within 21 days of receipt of the notice, apply to the Authority for a review of the proposed cancellation or suspension.
(3)
(4) On an application under subsection (3) the Authority shall review the decision of the Director and shall either confirm the decision of the Director or give to the Director such directions as it thinks fit.
(5)
The Director shall comply with any direction given to him under subsection (4).
Except where he considers that the continua- tion of the licence would be contrary to the public interest the Director shall not cancel or suspend a licence unless the time allowed under subsection
(6)
(3) has expired without an application being made
under that subsection or the Authority, on a review under subsection (4), confirms the decision of the
| Director to cancel or suspend the licence. | |||
| No. 68.] |
|
Handicapped Persons.
(7) The Director may exercise the powers con- ferred by this section, notwithstanding that the licensee has not been convicted of an offence against section 30; and the exercise of the said powers does not preclude the taking of proceedings and the imposition of any punishment.
Director may
| authorize | 40. Where the Director has under section 39 |
| use of |
| premises on | suspended the operation of a licence, he may in |
| suspension | |
| or cancella- | writing authorize another person for such period as |
| tion of | |
| licence. | he thinks fit to use the premises for the provision of the service to which the licence relates as if the premises were licensed, and a person so authorized shall for the purposes of this Part be deemed to be the licensee according to the tenor of such authorization. |
| Officers of |
| corporate | 41. (1) No person shall, after the grant of a |
| licensees |
| approved. body corporate who is directly involved in the provi- | to be licence to a body corporate, be an officer of that |
sion of the service to which the licence relates unless he has been approved by the Director as being a fit and proper person to be so involved, and that approval continues in force.
Penalty: $1 000 and a daily penalty of $50.
Subsection (1) does not apply to an officer
until the expiration of 28 days after he becomes
directly involved in the provision of the service.
(2)
(3) In this section "officer" has the meaning assigned to it by section 36 (3).
The Director may revoke an approval of an officer under subsection (1) if he considers that the officer is no longer a fit and proper person for the
(4)
| purposes of that subsection. |
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
Surrender of
| 42. (1) A licensee may surrender a licence at any | licence etc. |
time.
(2)
Where a licensee dies or becomes bankrupt or, in the opinion of the Director, incapable of pro- viding the service to which the licence relates he shall be deemed to have surrendered the licence.
(3) Where subsection (1) or (2) applies the Director may in writing authorize another person, for a period not exceeding 3 months, to use the premises for the provision of the service to which the licence relates, and a person so authorized shall for the purposes of this Part be deemed to be the licensee according to the tenor of such authorization.
Review by
| 43. (1) Where the Director— | Authority. |
| (a) | refuses an application for a licence or the renewal of a licence; |
| (b) | grants a licence, or a renewal of a licence subject to any condition; |
| (c) | refuses to approve an officer under section 41, or revokes an approval under that section, |
the applicant, or an officer to whom paragraph (c) applies, may apply to the Authority, within 21 days after the day on which he received notice of the Director's decision or within such further period as the Authority may allow, for a review of that decision.
(2)
On an application under subsection (1) the Authority shall, after giving the parties an oppor- tunity of being heard or making submissions, review the decision of the Director and shall either confirm the decision of the Director or give to him such directions as it thinks fit.
(3)
| The Director shall comply with any direction given to him under subsection (2). |
| No. 68.] | Authority for Intellectually | [1985. |
Handicapped Persons.
(4) The Authority may seek and receive such further information as it thinks fit for the purposes of a review under subsection (2).
False
| statements | 44. A person shall not, in connection with an application under this Part, make a statement or give any information which he knows is false in a material particular. |
Penalty: $1 000.
| Inspectors. | 45. (1) The Authority may appoint any officer or employee to be an inspector for the purposes of enforcing this Part and the regulations made for the purposes of this Part. |
| (2) Every inspector shall be furnished with a certificate of his appointment which in any pro- ceedings shall be prima facie evidence of his appoint- ment, and, on entering any premises in the course of duty, he shall, if required by the person in charge of the premises, produce the certificate to him. |
(3) An inspector may
| (a) | at all reasonable hours by day or by night, enter any premises that are licensed under section 36 or that he has cause to believe are being used in breach of section 30, and may inspect those premises and any equip- ment or thing therein and may make such inquiry as he thinks necessary to ascertain whether or not the provisions of this Part apply or have been or are being complied with; |
| (b) | in making any such inspection, call to his aid any police officer to assist him in the execution of his duty or where he has reasonable cause to expect any obstruction in the execution of his duty; |
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
| (c) | require the production of any register, record, or other document that any person is by the regulations required to keep or that relates to the provision of services in the premises to intellectually handicapped persons, and copy any such register, record or other document or make extracts from it. |
(4) A person shall not
| (a) | assault, resist, delay or in any way obstruct an inspector in the performance of his functions; |
| (b) | fail to produce any register, record or other document which, pursuant to subsection (3) (c) he is required by an inspector to produce, or fail to allow the inspector, upon his so producing the same, to make copies of or take extracts from it or any part thereof or of any entries therein. |
Penalty applicable to subsection (4): $1 000 and
imprisonment for 6 months.
46. (1) Where premises are being used in breach 17,:=10f
| of section 30, whether following cancellation or | ihilluensed |
| 121!1_ |
suspension of a licence under section 39 or otherwise, premises.
the Director may remove, or make arrangements for the removal of, intellectually handicapped persons from the premises and for that purpose may
| (a) | authorize any person to enter the premises, if necessary by force, and effect the removal; and |
| (b) | call to his aid any police officer to assist in the exercise of the powers conferred by this section. |
| No. 68.] | Authority for Intellectually | [1985. |
Handicapped Persons.
(2) Except where he considers that the welfare of any intellectually handicapped person is subject to immediate risk, the Director shall not exercise the power conferred by subsection (1) in respect of any premises until he has given to the person apparently in charge of the premises 7 days' notice in writing of his intention to do so.
PART VI-GENERAL.
Execution of
| documents | 47. (1) A document is duly executed by the |
by Authority. Authority, if
| (a) | the common seal of the Authority is affixed to it in accordance with subsections (2) and (3); or |
| (b) | it is signed on behalf of the Authority by the member or members or officer or officers of the Authority authorized by the Auth- ority to do so. |
The common seal of the Authority shall not
be affixed to any document except by resolution of
the Authority.
(2)
The common seal of the Authority shall be affixed to a document in the presence of the chair- man or deputy chairman and one other member and each of them shall sign the document to attest that that common seal was so affixed.
(3)
(4) A document purporting to be executed in accordance with this section shall be presumed to be duly executed until the contrary is shown.
When a document is produced bearing a seal purporting to be the common seal of the Authority, it shall be presumed that that seal is the common seal of the Authority until the contrary is shown.
(5)
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
48. (1) The Governor may make regulations Regulations.
prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
(2) Without limiting the generality of subsection (1), regulations may be made for, or in respect of
| (a) | the control and discipline of officers and other employees of the Authority and appeals by employees, or a class of employees, against disciplinary action; but any regulation made under this paragraph shall not, so far as it applies to officers employed under the Public Service Act 1978, be inconsistent with that Act or any regulations or administrative instructions made or issued thereunder; |
| (b) | the management and operation of services for intellectually handicapped persons provided by the Authority; |
| (c) | the records to be kept by the Authority; |
| (d) | without affecting section 14, the payment of fees and charges to the Authority; and |
| (e) | the circumstances under which any specified treatment or service, or class of treatment or service, may be given or administered to or availed of by an intellectually handicapped person. |
(3) Without limiting the generality of subsection (1) regulations may be made to control or regulate the provision of services to which section 30 (1) applies, and such regulations may
| (a) | prescribe standards of construction and hygiene for, and the fittings and equipment to be provided in, premises to which that |
|
| No. 68.] | Authority for Intellectually | [1985. |
Handicapped Persons.
| (b) | provide for the safety, health and welfare of intellectually handicapped persons in and attenders at such premises and, in particular but without limiting the generality of the foregoing, may so provide by- |
(i) prescribing the manner in which the conduct of such premises is to be supervised;
(ii) requiring persons involved in the conduct of such premises to be approved by the Director and to undergo prescribed courses of training;
(iii) prescribing minimum nutritional standards for food supplied to intellectually handicapped persons in such premises; and
(iv) prescribing, in relation to an intellectually handicapped person who resides in premises of a kind specified in the regulations and who is in receipt of pension payable under laws of the Commonwealth, the minimum proportion of such pension that is to be paid or remitted to the person for his own use; and
| (c) | prescribe returns and particulars to be furnished to the Authority, and the records to be kept, by the licensee of such premises. |
Review of
| Act. | 49. (1) The Minister shall carry out a review of |
the operation and effectiveness of this Act not later than 5 years after its commencement, and in the course of that review the Minister shall consider and have regard to
(a) the effectiveness of the operations of the
| Authority; |
| 1985.] | Authority for Intellectually | [No. 68. |
Handicapped Persons.
| (b) | the need for the continuation of the functions of the Authority and the Director; and |
| (c) | such other matters as appear to him to be relevant to the operation and effectiveness of this Act. |
(2) The Minister shall prepare a report based on his review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to be laid before each House of Parliament.
SCHEDULE.
(section 6)
PROVISIONS AS TO CONSTITUTION AND
PROCEEDINGS OF THE AUTHORITY.
Term of
| 1. (1) Except as otherwise provided by this Act, a member shall hold office for such term, not exceeding 3 years, as is specified in his instrument of appointment, but may from time to time be re-appointed. | office. |
| (2) A member, unless he sooner resigns or is removed from office, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired. |
| 2. | The office of a member becomes vacant if | Resignation. |
| removal, etc. |
| (a) | he resigns his office by written notice addressed to the Minister; |
| (b) | he is an undischarged bankrupt or a person whose property is subject to an order or arrange- ment under the laws relating to bankruptcy; or |
| (c) | he is removed from office by the Governor on the grounds of neglect of duty, misbehaviour, incompetence or mental or physical incapacity impairing the performance of his duties and |
|
| No. 68.] | Authority for Intellectually | [1985. |
Handicapped Persons.
Temporary
| members. | 3. (1) Where a member is unable to act by reason of sick- ness, absence or other cause the Minister may appoint another person to act temporarily in his place, and while so acting according to the tenor of his appointment that other person is deemed to be a member of the Authority. |
No act or omission of a temporary member shall be
questioned on the ground that the occasion for his appoint-
ment or acting had not arisen or had ceased.
(2)
(3) The appointment of a person as a temporary member may be terminated at any time by the Minister.
Deputy
| chairman. | 4. (1) The office of deputy chairman becomes vacant if |
| (a) | the person holding the office resigns the office by notice in writing to the Minister; |
| (b) | the person holding the office ceases to be a member of the Authority; or |
| (c) | the Minister declares the office to be vacant. |
During any vacancy in the office of chairman or if he is unable to act by reason of sickness, absence or other cause, the deputy chairman shall perform the functions of the chairman.
(2)
No act or omission of the deputy chairman acting
as the chairman shall be questioned on the ground that the
occasion for his so acting had not arisen or had ceased.
(3)
| Meetings. | 5. (1) The first meeting of the Authority shall be convened by the chairman and thereafter, subject to subclause (2), meetings shall be held at such times and places as the Authority determines. |
(2)
A special meeting of the Authority may at any time be convened by the chairman.
The chairman shall preside at all meetings of the Authority at which he is present.
(3)
If both the chairman and the deputy chairman are
absent from a meeting the members present shall appoint
one of their number to preside.
(4)
(5) A quorum for a meeting of the Authority is 4
members.
(6) At any meeting of the Authority the chairman, deputy chairman or other person presiding shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.
| The Authority shall cause accurate minutes to be kept of the proceedings at its meetings. |
(7)
| 1985. I | Authority for Intellectually | I No. 68. |
Handicapped Persons.
Committees.
6. (1) The Authority may from time to time appoint com- mittees of such members, or such members and other persons, as it thinks fit and may discharge or alter any com- mittee so appointed.
(2) Subject to the directions of the Authority and to the terms of any delegation under section 19, each com- mittee may determine its own procedures.
Resolution
| 7. A resolution in writing signed or assented to by letter, telegram or telex by each member shall be as valid and | may be |
| passedwithout | |
| effectual as if it had been passed at a meeting of the | meeting |
| Authority. | |
| 8. The Authority may grant leave of absence to a member on such terms and conditions as the Authority thinks fit. | Leave of absence. |
| 9. Subject to this Act, the Authority shall determine its own procedures. | Authority to |
| determine | |
| Own | |
| procedures |
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