Disability Services (Disability Service Providers) Amendment Act 2014 (ACT)

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Disability Services (Disability Service Providers) Amendment Act 2014

A2014-27

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            ObjectsSection 3 (d)  2

5            New part 1A  2

6            Financial assistance for providers of servicesSection 6 (2) (b)  5

7           Section 6 (2) (c)  5

8            Conditions of grantsSection 7 (4)  5

9            Meaning of official visitor etcSection 8A, new definition of operating entity  5

10          Section 8A, definition of visitable place, paragraph (a)  5

11          Complaint about disability service provided at place other than visitable placeSection 8B (1)  6

12          Official visitors must give notice of visitSection 8C (1)  6

13          Disability service standardsSection 11  6

14          Regulation-making powerSection 12 (2)  6

15          Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilitiesSchedule 2, requirement 9  7

16          Dictionary, new definition of operating entity  7

17          Dictionary, definition of organisation, paragraph (c)  7

18          Dictionary, new definitions  7

Disability Services (Disability Service Providers) Amendment Act 2014

A2014-27

An Act to amend the Disability Services Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Disability Services (Disability Service Providers) Amendment Act 2014.

  2. Commencement

    This Act commences on 1 July 2014.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Disability Services Act 1991.

  4. Objects
    Section 3 (d)

    substitute

    (d)to promote the provision of high quality and innovative supports to enable people with disabilities to maximise independent lifestyles and full inclusion in the community; and

  5. New part 1A

    insert

Part 1ASpecialist disability services

  1. What is a specialist disability service?

    (1)A specialist disability service is a service that—

    (a)is provided specifically for people with disability; and

    (b)is of a type declared by the Minister under subsection (2).

    (2)The Minister may declare a type of service to be a specialist disability service.

    Examples—service types

    ·     accommodation support services

    ·     advocacy services

    ·     case management services

    ·     personal care services

    ·     respite care services

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)A declaration may apply, adopt or incorporate an instrument as in force from time to time.

    (4)A declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  2. Who is a specialist disability service provider?

    (1)A specialist disability service provider is a person or entity (other than the Territory) that provides specialist disability services, whether or not for profit, but does not include—

    (a)a close relative of a person with disability who provides specialist disability services to the person other than as an agent or employee of a specialist disability service provider; or

    (b)a person or entity prescribed by regulation.

    (2)In this section:

    close relative of a person means the person’s—

    (a)domestic partner; or

    NoteDomestic partner—see the Legislation Act, s 169.

    (b)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

    (c)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

    (d)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

    (e)uncle, aunt, uncle-in-law or aunt-in-law; or

    (f)nephew, niece or cousin.

5AApproval of standards

(1)The Minister may approve standards about the provision of specialist disability services by specialist disability service providers.

Examples—matters standards may be about

·     quality of services

·     qualifications and training for staff

·     criminal history checks

·     protection of personal information

·     allowing reasonable access to premises to inspect the operation of services

Note 1Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)An approved standard may apply, adopt or incorporate an instrument as in force from time to time.

(3)An approved standard is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  1. Financial assistance for providers of services
    Section 6 (2) (b)

    omit

    and any relevant standards approved under section 11 (Disability service standards)

  2. Section 6 (2) (c)

    omit

  3. Conditions of grants
    Section 7 (4)

    substitute

    (4)An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with guidelines (if any) mentioned in section 10 (1) (a) that apply to the grantee.

  4. Meaning of official visitor etc
    Section 8A, new definition of operating entity

    insert

    operating entity, for a visitable place—see the Official Visitor Act 2012, dictionary.

  5. Section 8A, definition of visitable place, paragraph (a)

    substitute

    (a)means accommodation provided for a person with disability for respite or long-term residential purposes other than a private home; and

  6. Complaint about disability service provided at place other than visitable place
    Section 8B (1)

    omit

    service funded wholly or partly by the Territory

    substitute

    specialist disability service

  7. Official visitors must give notice of visit
    Section 8C (1)

    omit

    director-general

    substitute

    operating entity

  8. Disability service standards
    Section 11

    omit

  9. Regulation-making power
    Section 12 (2)

    omit

    section 11

    substitute

    section 5A

  10. Requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities
    Schedule 2, requirement 9

    omit

    that

    substitute

    which

  11. Dictionary, new definition of operating entity

    insert

    operating entity, for a visitable place—see section 8A.

  12. Dictionary, definition of organisation, paragraph (c)

    omit

  13. Dictionary, new definitions

    insert

    specialist disability service—see section 4 (1).

    specialist disability service provider—see section 5 (1).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 15 May 2014.

  2. Notification

    Notified under the Legislation Act on 12 June 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Disability Services (Disability Service Providers) Amendment Bill 2014, which was passed by the Legislative Assembly on 5 June 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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