Disability Services Act 1986 DSA 1 1993 Orders under section 14F (Cth)
Commonwealth of Australia
Disability Services Act 1986
DSA 1 - 1993
ORDERS UNDER SECTION 14F
I, BRIAN HOWE, Minister for Housing, Local Government and Community Services, in pursuance of section 14F of the Disability Services Act 1986 hereby make orders providing for the matters specified in the Schedule.
Dated this 27th day of August 1993
Brian Howe
BRIAN HOWE
Minister for Housing, Local Government
and Community Services
SCHEDULE
ORDERS UNDER SECTION 14F OF THE DISABILITY SERVICES ACT
Preliminary
"Chairperson", in relation to a Panel, means Chairperson of the Panel.
"Department", means the Department of Health, Housing, Local Government and Community Services or that Department which administers the Act.
"meeting", in relation to a Panel, means a meeting of the panel.
"member", in relation to a Panel, means member of the Panel who is referred to in orders 5 (4) (b), (c) or (d) of these orders.
"Minister", means the Minister for Housing, Local Government and Community Services or a person authorised to act on his behalf.
"Panel", means Disability Standards Review Panel for a State or Territory, established under section 14B of the Act.
"Secretary", means the Secretary of the Department.
"the Act", means the Disability Services Act 1986.
"working days", includes the days Monday to Friday each week but excludes any days which are a public holiday in the State or Territory in which a service referred to in order(s) 1(1) and/or 2(1) operates.
PARAGRAPH 14F(a) – THE NOTICE REQUIREMENTS TO BE COMPLIED WITH BEFORE THE MINISTER MAKES A DECLARATION UNDER SECTION 14G.
ORDERS
Minister to notify organisations
1(1) If the Minister intends to make a declaration under section 14G of the Act, the Minister is to inform the eligible organisation providing the service in relation to which the declaration is to be made, of his or her intention, by notice in writing that is sent to the organisation.
Organisations may request Panel to perform its functions
1(2) Within 10 working days of receipt of a notice under order 1(1) the organisation providing the service in relation to which the Minister intends to make a declaration under section 14G may, by request in writing to the Chairperson, request the Panel to perform its functions under subsection 14C(1) of the Act.
1(3) If within 10 working days of receipt of a notice under order 1(1) the organisation does not make a request under order 1(2), the Minister may then make the declaration under section 14G of the Act referred to in the notice.
PARAGRAPH 14F(b) – THE PROCEDURES TO BE FOLLOWED PRIOR TO A DISABILITY STANDARDS REVIEW PANEL CONDUCTING A REVIEW UNDER SECTION 14C.
ORDERS
Chairpersons to notify organisations
2(1) On receipt by a Panel of:
(a) a direction by the Minister under paragraph 14C(2)(a) of the Act; or
(b) a request by an eligible organisation under order 1(2);
in respect of a service, the Chairperson must within 5 working days inform the organisation providing the service by notice in writing that is sent to the organisation that the Panel will perform its functions in relation to the direction or request.
2(2) A notice given under order 2(1) must include statements to the following effect:
(a) that the organisation providing the service, may within 15 working days of being given the notice, give the Panel documents or other material to which it must have regard in the performance of its functions in respect of the service; and
(b) that the organisation providing the service will have the opportunity;
(i) to inspect any other document or material, other than documents or material with respect to the affairs of another person unless that person consents, to which the Panel proposes to have regard in making a recommendation to the Minister, and
(ii) to make submissions to the Panel in relation to other documents or material.
2(3) If at the end of the period referred to in order 2(2)(a), whether or not the organisation providing the service has given a Panel a document or other material referred to in that paragraph, the Panel may proceed with its functions in respect of the service.
2(4) A panel, the Chairperson of which has given notice under order 2(1) to an organisation providing a service must report in respect of the service to the Minister, except in exceptional circumstances, not more than 20 working days after the end of the period referred to in order 2(2)(a).
PARAGRAPH 14F(c) – THE PROCEDURES TO BE FOLLOWED BY THE PANEL IN CONDUCTING THE REVIEW.
ORDERS
Meetings of panels
3(1) A Panel may hold such meetings as are necessary for the performance of its functions.
3(2) The Chairperson of a Panel may, at any time, by notice in writing to the other members, convene a meeting at the time and place specified in the notice.
3(3) The Minister may, by notice in writing to each member of a Panel, direct that a meeting be held at the time and place specified in the notice.
3(4) If, at any time, a majority of the members of a Panel requests the Chairperson, in writing, to convene a meeting, he or she must, as soon as practicable, convene a meeting in accordance with the request.
3(5) the Chairperson may invite a person to attend a meeting to advise or inform the Panel.
Presiding member
3(6) The Chairperson must preside at a meeting at which he or she is present.
3(7) The Chairperson may nominate a member to act as a presiding member in the absence of the Chairperson.
3(8) In the absence of the Chairperson and a presiding member nominated by the Chairperson from a meeting, the members present constituting a quorum must elect 1 (one) of their number to preside at the meeting.
Quorum
3(9) At a meeting, the number of members constituting a quorum is the number of members constituting a majority of the members of the Panel.
Participation in meetings
3(10) A member may participate in a meeting by means of telephone or closed-circuit television.
3(11) A member who participates in a meeting as provided by order 3(10) is taken to be present at the meeting.
Proceedings
3(12) A Panel must keep a record of its proceedings.
3(13) Subject to these orders, the procedure of a meeting of a Panel is to be determined by the Panel.
Resolutions without meetings
3(14) If a majority of the members of a Panel sign a document containing a statement that they are in favour of a resolution in the terms set out on the document, a resolution in those terms is taken to have been adopted at a meeting of the panel on the day on which the document was signed, or, if the members signed the document on different days, on the day on which the document was signed by the member who makes up the majority.
3(15) 2 of more separate documents that are identical in all material respects, each of which is signed by one or more members, are taken for the purposes of order 3(14) to constitute the same document.
Impartiality of Panels
3(16) Subject to these orders, a member is not subject to the direction of any other person in respect of any act or thing done in his or her capacity as a member.
PARAGRAPH 14F(d) – THE MAKING OF RECOMMENDATIONS UNDER PARAGRAPH 14C(4)(b) OF THE ACT RELATING TO THE PANEL'S FINDINGS.
ORDERS
Recommendations of Panels
4(1) Any recommendation to the Minister made by the Panel under subsection 14C(4) of the Act must:
(a) be in writing; and
(b) if the members were not in agreement concerning a matter, set out the differing points of view of the members.
PARAGRAPH 14F(e) – THE APPOINTMENT, TERMS AND CONDITIONS OF APPOINTMENT, RESIGNATION AND TERMINATION OF APPOINTMENT OF PANEL MEMBERS
ORDERS
Pool of potential panel members
5(1) The Minister may appoint:
(a) persons who have knowledge of, and/or experience in, issues relating to people as consumers of services in a disability or social welfare field;
(b) persons who have a knowledge of, and/or experience in, issues relating to the provision of services to people with a disability funded under part II of the Act or other services of that kind;
(c) other persons with expertise and experience relevant to the functions of a Panel;
as potential members of a Panel in a State or Territory.
5(2) A person appointed under order 5(1) may resign his or her appointment by writing signed by the member and given to the Minister and the appointment terminates on receipt by the Minister of the resignation.
5(3) Subject to this part of the orders, an appointment under order 5(1) is for 3 years.
Membership of Panels
5(4) A panel consists of the following members:
(a) a Chairperson appointed by the Minister;
(b) a person appointed under order 5(1)(a);
(c) a person appointed under order 5(1)(b);
(d) an officer of the Department nominated by the Secretary;
and may also include
(e) a person appointed under order 5(1)(c).
5(5) A Chairperson holds office with effect from such day as the Minister specifies in the instrument of appointment of the Chairperson.
5(6) The Minister must not appoint a person as a Chairperson unless the Minister is satisfied that the person has broad knowledge of the provision of services to people with disabilities and of issues relating to people with a disability.
5(7) Subject to order 5(8), the Chairperson of a Panel for a State or Territory may appoint as a Panel member, a person from the pool of potential Panel members appointed for a State or Territory by the Minister under order 5(1).
5(8) In the case of a Panel for:
(a) the Australian Capital Territory, the member referred to in orders 5(4)(b) or (c) must be a person appointed under order 5(1)(a) or (b) for New South Wales;
(b) the Northern Territory, the member referred to in orders 5(4)(b) or (c) must be a person appointed under order 5(1)(a) or (b) for South Australia.
5(9) All members hold office on a part time basis.
5(10) Subject to these orders, a member appointed by the Chairperson holds office from a day specified in the instrument of appointment until a day specified in the instrument, not being more than three years from the day of appointment of the member under order 5(1).
5(11) Subject to these orders, a Chairperson holds office for 3 years.
5(12) A member referred to in order 5(4)(d) holds office during the pleasure of the Secretary.
5(13) a member may resign by writing signed by the member and given:
(a) in the case of the Chairperson – to the Minister;
(b) in the case of a member appointed by the Chairperson – to the Chairperson; and
(c) in the case of a member referred to in order 5(4)(d) – to the Secretary;
and his or her membership terminates on receipt by the Minister, Chairperson, or Secretary, as the case may be, of the resignation.
5(14) The exercise of power or the performance of a function of a Panel is not affected by a vacancy in its membership.
Termination of appointments
5(15) The appointment of a Chairperson or of a person who is appointed under order 5(1) may be terminated by the Minister for misbehaviour or for failure or incapacity to participate in the performance of functions, or in the exercise of powers of a panel member.
5(16) If a Chairperson or a person who is appointed under order 5(1):
(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) is convicted of an offence punishable by imprisonment for 1 year or longer;
or, in the case of a member:
(c) is absent without leave granted under order 5(21) from 3 consecutive meetings of the Panel, or
(d) fails, without reasonable excuse, to comply with an obligation imposed by order 5(21);
his or her appointment may be terminated by the Minister.
5(17) A member appointed under order 5(1) ceases to be a member on the termination of that appointment.
Remuneration and allowances
5(18) A member, other than a member appointed under order 5(4)(d) must be paid such a remuneration and allowances as are determined by the Remuneration Tribunal.
Leave of absence
5(19) The Minister may grant leave of absence to a Chairperson on such terms and conditions as the Minister determines.
5(20) The Minister may appoint a temporary Chairperson for any or all of the period of leave of absence granted under order 5(19).
5(21) A Chairperson may grant leave of absence to a member appointed under order 5(7) on such terms and conditions as the Chairperson determines.
5(22) A Chairperson may appoint a temporary member of a Panel from the pool of potential Panel members appointed for a State or Territory by the Minister under order 5(1), for any or all of the period of the leave of absence granted under order 5(21).
PARAGRAPH 14F(f) – THE DUTIES ASSOCIATED WITH HOLDING OFFICE AS A PANEL MEMBER.
ORDERS
Members duty of confidentiality
6(1) It is the duty of a member to comply with the Privacy Act 1988.
6(2) It is the duty of a member not to disclose or make public any information or material acquired in connection with or in the performance of his or her duties as member without prior approval in writing of the Minister.
Members duty of diligence and impartiality
6(3) It is the duty of a member to perform his or her functions with diligence and impartiality.
PARAGRAPH 14F(g) – OTHER MATTERS RELATING TO THE ESTABLISHMENT OR THE OPERATION OF A PANEL
ORDERS
Annual reports of Panels
7(1) The Chairperson of each panel must, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of the operations of the Panel (if any) during the year ending at the end of that day.
Disclosure of interests
7(2) A Chairperson must give written notice to the Minister of all direct and indirect pecuniary interests that he of she has or acquires in:
(a) an organisation which provides services for people with a disability; or
(b) a business that provides facilities, goods or services to services for people with a disability.
7(3) If a Chairperson has or acquires an interest referred to in order 7(2) or other interest that could conflict with the proper performance of his or her functions, including connections with a service in respect of which a notice has been issued under order 2(1), the interest must be disclosed in any report resulting from the performance of those functions.
7(4) If a member (other than the Chairperson) has or acquires an interest that could conflict with the proper performance of his or her functions, including connections with a service in respect of which a notice has been issued under order 2(1):
(a) he or she must disclose the interest to the Chairperson; and
(b) except with the consent of the Chairperson, he or she must not take part, or continue to take part, in the performance of his or her functions.
7(5) If a member referred to in order 7(4) takes part, or continues to take part, in the performance of his or her functions, the interest must be disclosed in any report resulting from the performance of the functions.
7(6) If a Chairperson:
(a) becomes aware that another member has an interest referred to in order 7(4); and
(b) considers that the member should not take part, or should not continue to take part, in the performance of this or her functions;
the Chairperson must give a direction to the member not to take part, or continue to take part, and the member must not take part or continue to take part.
7(7) The Minister may, either generally, or as otherwise provided in the instrument of delegation, by writing signed by the Minister, delegate to an officer of the Department the power to issue a notice under order 1(1).
7(8) Where a Panel receives a request from an organisation or person for access to documents or material, the Chairperson of the Panel may take advice from the department on the application of the Freedom of Information Act 1982, Privacy Act 1988 and any other legislation which may relate to the Panel's dealing with the request.
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