Disability Services Regulation 1993 (NSW)

1Name of Regulation

This Regulation may be cited as the Disability Services Regulation 1993.

2Definition

In this Regulation, the Act means the Disability Services Act 1993.

3Definition of “designated service”: section 4(1)

All services provided or funded by the Minister are prescribed for the purposes of the definition of designated service in section 4 of the Act.

(2)

In particular, the prescribed services include co-funded services provided or funded through the Home Care Service.

(3)

However, despite subclause (1), the prescribed services do not include the services referred to in Schedule 1.

(4)

In this clause and Schedule 1, co-funded service means a service that is provided or funded by the Minister in accordance with an agreement in force between the State and the Commonwealth under the Home and Community Care Act 1985 of the Commonwealth.

4

(Repealed)

5Fees for the provision of services(1)

A person:

• (a)

  to whom designated services comprising necessaries are provided, whether or not at the person’s request, or

• (b)

  to whom designated services are provided at the person’s request,

is required to pay the fee for the service determined by order of the Minister.

(2)

The Minister may, having regard to the circumstances of the case, waive or remit any such fee (whether in whole or in part).

(3)

Any order that, immediately before the repeal of the Disability Services and Guardianship (Provision of Services) Regulation 1989, was in force under clause 5 of that Regulation is taken to be an order under this clause, and may be amended or revoked accordingly.

Schedule 1Excluded services

(Clause 3)

1

Co-funded services provided or funded otherwise than through the Home Care Service.

2

(Repealed)