Disability Services (Eligible Services) Approval 2004 (Cth)

Disability Services (Eligible Services) Approval 2004

I, KAY CHRISTINE LESLEY PATTERSON, Minister for Family and Community Services, make this Approval under section 9 of the Disability Services Act 1986.

Dated 10 May 2004

KAY PATTERSON

Minister for Family and Community Services

Contents

1Name of Approval   2

2Commencement   2

3Definitions   2

4Wage phase-in services   2

5Targeted support services   3

6Delegation   3

7Approval ceases to have effect   3

1. Name of Approval

This Approval is the Disability Services (Eligible Services) Approval 2004.

1. Commencement

This Approval commences on the date of its notification in the Gazette.

1. Definitions

In this Approval:

Act means the Disability Services Act 1986.

award, order or industrial agreement, in relation to wages paid to a person, means an award, order or agreement (including an award, order or agreement, that is made under a law of a State or Territory, but excluding any Australian workplace agreement under Part VID of the Workplace Relations Act 1996 and any other individual agreement), that regulates the terms and conditions of employment of employees engaged in the kind of work performed by the person.

service provider, in relation to the provision of wage phase-in services or targeted support services by a State or eligible organisation, means the management and operational units of the State or eligible organisation responsible for the services.

Note Unless the contrary intention appears, an expression used in this Approval and in the Act has the same meaning in this Approval as it has in the Act (see subsection 46 (1) of the Acts Interpretation Act 1901).

1. Wage phase-in services

(1)   For the purposes of paragraph (h) of the definition of eligible service in section 7 of the Act, the class of wage phase-in services is approved.

(2)   Services are included in the class of wage phase-in services if:

(a)    the services:

(i)    assist persons with disabilities to increase their independence, productivity or integration in work settings; or

(ii)    provide any or all of the following:

(A)     paidemployment;

(B)     preparation for paid employment;

(C)     vocational training; and

(b)    at any time before the commencement of this Approval, the State or eligible organisation responsible for providing the services was receiving a transitional grant of financial assistance for the provision of supported employment services; and

(c)    the Minister is satisfied that the service provider is not capable of paying persons with disabilities who are receiving supported employment services a pro-rata wage based on an award, order or industrial agreement; and

(d)    the service provider has prepared a written plan, developed in consultation with the Department or a person nominated by the Department, that reflects a commitment to progress, within a timeframe agreed with the Department (being a timeframe ending before 1 January 2009), towards paying persons with disabilities a pro-rata wage based on an award, order or industrial agreement; and

(e)    the Minister is satisfied that the service provider will meet that commitment within the agreed timeframe.

Note   A wage phase-in service that meets the commitment reflected in the plan mentioned in paragraph (d) will not meet the requirements of paragraph (c) and will not therefore be an eligible service for the purposes of the Act. A wage phase-in service that is not an eligible service may be an employment service for the purposes of the Act. The Disability Services (Disability Employment and Rehabilitation Program) Standards 2002 must be observed in the provision of an employment service.

1. Targeted support services

(1)   For the purposes of paragraph (h) of the definition of eligible service in section 7 of the Act, the class of targeted support services is approved.

(2)   Services are included in the class of targeted support services if:

(a)    the services provide for persons with disabilities:

(i)    structured training and support to assist the persons to work towards social and community participation; or

(ii)    opportunities to assist the persons to develop skills, or retrain, for paid employment; and

(b)    at any time before the commencement of this Approval, the State or eligible organisation responsible for providing the services was receiving a transitional grant of financial assistance for the provision of supported employment services; and

(c)    the Minister is satisfied that the services should be treated as targeted support services.

1. Delegation

The Minister may, in writing, delegate to any person any of the Minister’s powers or functions under this Approval (other than this section).

1. Approval ceases to have effect

This Approval ceases to have effect at the end of 4 years after the day on which it commenced.