Disability Services (Transitional Provisions and Consequential Amendments) Act 1986 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE HANDICAPPED PERSONS ASSISTANCE ACT 1974
3. Principal Act
4. Repeal of sections 3 to 7 (inclusive)
5. Repeal of Parts II to VI (inclusive)
6. Interpretation
7. Repeal of section 27 and substitution of new section—
27. Interpretation
8. Repeal of section 29a and substitution of new section—
29a. Interpretation
9. Repeal of sections 30 to 32 (inclusive) and substitution of new section—
30. Payments not to be made under Act after 30 June 1992
10. Repeal of Part X
PART III—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
11. Principal Act
12. Interpretation
13. Certain persons to be disregarded for certain purposes
14. Secrecy
15. Incentive allowance
TABLE
OF PROVISIONS—
Section
16. Persons eligible to receive allowance
17. Eligibility for mobility allowance
18. Heading to Part VIII
19. Interpretation
20. Repeal of sections 135 and 135a
21. Repeal of section 135b and substitution of new section—
135b. Persons eligible to be paid rehabilitation allowance, &c.
22. Rate of rehabilitation allowance
23. Repeal of sections 135c to 135l (inclusive)
24. Repeal of sections 135q, 135r and 135s
25. Payment and calculation of instalments of certain pensions, &c.
26. Power to obtain information, &c.
27. Cancellation, suspension or variation of pension, &c.
28. Appropriation
PART IV—AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971
29. Principal Act
30. Interpretation
31. Provision of rehabilitation programs
PART V—AMENDMENTS OF THE DEFENCE (RE-ESTABLISHMENT) ACT 1965
32. Principal Act
33. Interpretation
34. Application of Part III of Disability Services Act
35. Payments during rehabilitation programs
36. Interpretation
37. Repeal of section 49b and substitution of new section—
49b. Application of Part III of the Disability Services Act
38. Payments during rehabilitation programs
PART VI—AMENDMENTS OF THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945
39. Principal Act
40. Extension of Part III of the Disability Services Act to certain members of the Forces
41. Rehabilitation allowance during rehabilitation programs
PART VII—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
42. Principal Act
43. Interpretation
44. Special temporary allowance
PART VIII—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986
45. Principal Act
46. Child of a person
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting before the definition of “benefit” the following definition:
“ ‘approved residential accommodation’ has the same meaning that it had immediately before the commencement of Part II of the
Disability Services Act 1986 ;”; and(b) by inserting after the definition of “benefit” the following definition:
“ ‘eligible organization’ has the same meaning that it had immediately before the commencement of Part II of the
Disability Services Act 1986 ;”.
“27. In this Part—
‘eligible organization’ has the same meaning that it had immediately before the commencement of Part II of the
Disability Services Act 1986 ;‘normal employment’, in relation to a person, means—
(a) full-time employment of the person with an employer at rates of pay normally paid in respect of employment in the occupation concerned; or
(b) full-time engagement (other than as an employee) of the person in any employment, occupation or business that provides, or will provide, the person with an income at an annual rate not less than an amount per annum equal to the aggregate of the annual amount specified in paragraph
28 (1a) (a) of the
Social Security Act 1947 and the amount specified in paragraph 28 (2) (a) of that Act;‘sheltered employment’ has the same meaning that it had immediately before the commencement of Part II of the
Disability Services Act 1986 .”.
“29a. In this Part, ‘eligible organization’, ‘normal employment’ and ‘sheltered employment’ have the same respective meanings as they have in Part VIII.”.
“30. Notwithstanding anything contained in this Act, no payments shall be made under this Act after 30 June 1992.”.
(a) by omitting “, the value of any treatment, training or goods provided under this Act” from paragraph (a) of the definition of “income” in sub-section (1);
(b) by inserting after paragraph (d) of the definition of “income” in sub-section (1) the following paragraph:
“(da) a payment under Part III of the
Disability Services Act 1986 or the value of any rehabilitation program (including any follow-up program) provided under that Part;”; and(c) by omitting from sub-section (1) the definition of “Secretary” and substituting the following definition:
“ ‘Secretary’ means the Secretary to the Department;”.
(a) by inserting in sub-section (2) “or for the purposes of the administration of the
Disability Services Act 1986 ”after “under this Act” (first occurring); and(b) by inserting in sub-section (3) “or the
Disability Services Act 1986 ”after “this Act” (first occurring).
(a) by inserting in paragraph (1) (b) “or is undertaking independent living training” after “adult training centre”; and
(b) by omitting from sub-section (2) the definitions of “activity therapy centre” and “adult training centre” and substituting the following definitions:
“ ‘activity therapy centre’ means premises at which approved activity therapy is provided;
‘adult training centre’ means premises at which approved training is provided;
‘approved activity therapy’ and ‘approved training’ have the same respective meanings that those terms had in the
Handicapped Persons Assistance Act 1974 immediately before the commencement of Part II of theDisability Services Act 1986 ;‘independent living training’ means training to assist persons with disabilities to develop or maintain the personal skills and self-reliance necessary to enhance their independence, and self-reliance, in the community, being training, or training included in a class of training, approved, in writing, by the Secretary for the purposes of this definition;”.
“135b. (1) A person (other than an unmarried person who has not attained 16 years of age or a person who has attained 65 years of age) who—
(a) is—
(i) undertaking a rehabilitation program under Part III of the
Disability Services Act 1986 ; or(ii) undertaking a follow-up program under that Part, being a follow-up program, or a follow-up program included in a class of such programs, in relation to which the Secretary has directed, in writing, that this paragraph apply; and
(b) is qualified or eligible to receive a pension, benefit or allowance, is eligible to receive a rehabilitation allowance.
“(2) A person receiving a rehabilitation allowance is not entitled to receive a pension, benefit or allowance.”.
(a) the following paragraph shall be taken to be inserted before paragraph (a) of the definition of “cost” in sub-section 23 (1) of the new Act:
“(aa) the cost of providing, maintaining and replacing, under section 135k of the
Social Security Act 1947 , any articles used by the person;”;(b) the reference in paragraph (a) of the definition of “cost” in sub-section 23 (1) of the new Act to any allowances paid to the person under section 24 shall be taken to be a reference to any allowances paid to the person under section 135d of the
Social Security Act 1947 ;(c) any notice served on a person under sub-section 135r (1a) of the
Social Security Act 1947 shall, upon the commencement of this section, be deemed to have been served on the person under sub-section 23 (2) of the new Act; and(d) any notice served on a person under sub-section 135r (2) of the
Social Security Act 1947 shall, upon the commencement of this section, be deemed to have been served on the person under sub-section 23 (5) of the new Act.
(a) by omitting from paragraph (h) of the definition of “medical treatment” in sub-section (1) “or” (last occurring); and
(b) by inserting after paragraph (j) of the definition of “medical treatment” in sub-section (1) the following word and paragraph:
“ or (k) medical treatment provided as part of a rehabilitation program or follow-up program under Part III of the
Disability Services Act 1986 ;”.
(a) by omitting from sub-section (1) “vocational training for the employee in accordance with Part VIII of the
Social Security Act 1947 ”and substituting “a rehabilitation program (including any follow-up program) for the employee under Part III of theDisability Services Act 1986 ”; and(b) by omitting sub-sections (2) and (3) and substituting the following sub-section:
“(2) Where a person is undertaking a rehabilitation program (including a follow-up program) under Part III of the
Disability Services Act 1986 pursuant to arrangements made under sub-section (1) of this section, the person is not entitled to receive, during a period commencing on a day that is a pension pay-day for the purposes of theSocial Security Act 1947 and ending on the day immediately preceding the day that is the next pension pay-day for the purposes of that Act, an amount under Part VIII of the last-mentioned Act (in this sub-section referred to as the ‘Social Security amount’) except to the extent that—(a) in a case where the person also receives, during that period, an amount under section 24 of the
Disability Services Act 1986 (in this paragraph referred to as the ‘Disability Services amount’)—the Social Security amount exceeds the sum of the Disability Services amount and the amount of compensation payable to the person under sub-section (5) of this section during that period; or(b) in any other case—the Social Security amount exceeds the amount of compensation payable to the person under sub-section (5) of this section during that period.”.
“ ‘Disability Services Act’ means
“(1) Part III of the Disability Services Act (other than section 24) applies in relation to a disabled person and, in a case where the person is not a person in the target group for the purposes of that Part, that Part applies as if the disabled person were a person in the target group.”.
(a) by omitting from sub-section (1) “receiving treatment or training or treatment and training under Part VIII of the Social Security Act” and substituting “undertaking a rehabilitation program under Part III of the Disability Services Act”;
(b) by omitting from sub-section (2) “supplementary assistance or”;
(c) by omitting from sub-section (2) “and the rate of any allowance by way of supplementary assistance that would be payable under that Part of that Act to that other person”;
(d) by omitting from sub-section (3) “receiving training (whether or not he is also receiving treatment)” and substituting “undertaking a rehabilitation program under Part III of the Disability Services Act (being a rehabilitation program that consists of, or includes, employment or vocational training), or any follow-up program under that Part to such a rehabilitation program (being a follow-up program in relation to which the Secretary has directed, in writing, that this section applies)”;
(e) by omitting from paragraph (3) (a) “section 135d of the Social Security Act” and substituting “section 24 of the Disability Services Act”;
(f) by omitting from paragraph (3) (b) “receiving training” and substituting “undertaking the program”;
(g) by omitting from paragraph (3) (b) “sub-section 135d (5) of the Social Security Act” and substituting “sub-section 24 (4) of that Act”;
(h) by omitting from sub-section (4) “supplementary assistance, supplementary allowance or”; and
(j) by omitting from sub-section (4) “(including any allowance by way of supplementary assistance)”.
“ ‘Disability Services Act’ means
Disability Services Act 1986 ”.
“49b. Part III of the Disability Services Act (other than section 24) applies in relation to a disabled person and, in a case where the person is not a person in the target group for the purposes of that Part, that Part applies as if the disabled person were a person in the target group.”.
(a) by omitting from sub-section (1) “receiving treatment or training or treatment and training under Part VIII of the Social Security Act” and substituting “undertaking a rehabilitation program under Part III of the Disability Services Act”;
(b) by omitting from sub-section (2) “supplementary assistance or”;
(c) by omitting from sub-section (2) “and the rate of any allowance by way of supplementary assistance that would be payable under that Part to that other person”;
(d) by omitting from sub-section (3) “receiving training (whether or not he is also receiving treatment)” and substituting “undertaking a rehabilitation program under Part III of the Disability Services Act (being a rehabilitation program that consists of, or includes, employment or vocational training), or any follow-up program under that Part to such a rehabilitation program (being a follow-up program in relation to which the Secretary has directed, in writing, that this section applies)”;
(e) by omitting from paragraph (3) (a) “section 135d of the Social Security Act” and substituting “section 24 of the Disability Services Act”;
(f) by omitting from paragraph (3) (b) “receiving training” and substituting “undertaking the program”;
(g) by omitting from paragraph (3) (b) “sub-section 135d (5) of the Social Security Act” and substituting “sub-section 24 (4) of that Act”;
(h) by omitting from sub-section (5) “supplementary assistance, supplementary allowance or”; and
(j) by omitting from sub-section (5) “(including any allowance by way of supplementary assistance)”.
“(1) The operation of Part III of
the
(a) by omitting “receiving treatment under Part VIII of the
Social Security Act 1947 ” and substituting “undertaking a rehabilitation program under Part III of theDisability Services Act 1986 (being a rehabilitation program that consists of, or includes, employment or vocational training), or any follow-up program under that Part to such a rehabilitation program (being a follow-up program in relation to which the Secretary has directed, in writing, that this section applies)”; and(b) by inserting in paragraph (a) “under Part VIII of the
Social Security Act 1947 ” after “allowance”.
(a) by omitting “, the value of any treatment, training or goods provided under that Act,” from paragraph (a) of the definition of “income” in sub-section (1); and
(b) by inserting after paragraph (d) of the definition of “income” in sub-section (1) the following paragraph:
“(da) a payment under Part III of the
Disability Services Act 1986 or the value of any rehabilitation program (including any follow-up program) provided under that Part;”.
(a) by omitting from paragraph (1) (b) “135b (3)” and substituting “135b (2)”; and
(b) by omitting from paragraph (3) (b) “135b (3)” and substituting “135b (2)”.
1. No. 134, 1974, as amended. For previous amendments, see No. 105, 1976; No. 80, 1982; No. 69, 1983; Nos. 78 and 165, 1984; and No. 95, 1985.
2. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; No. 61, 1981; No. 159, 1981 (as amended by No. 98, 1982); No. 170, 1981; Nos. 37, 98 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; and Nos. 5, 28, 33 and 106, 1986.
3. No. 48, 1971, as amended. For previous amendments, see No. 136, 1971; No. 122, 1972: Nos. 105 and 216, 1973; No. 92, 1974; Nos. 157 and 166, 1976; No. 68, 1978; Nos. 111 and 155, 1979; No. 74, 1981; No. 98, 1982; No. 78, 1984; No. 95, 1985; and Nos. 28, 33 and 106, 1986.
4. No. 54, 1965, as amended. For previous amendments, see No. 93, 1966; No. 89, 1967; No. 10, 1968; Nos. 101 and 216, 1973; No. 96, 1975; No. 155, 1979; No. 70, 1980; No. 61, 1981; Nos. 98 and 153, 1982; Nos. 76 and 165, 1984; and Nos. 54 and 65, 1985.
5. No. 11, 1945, as amended. For previous amendments, see Nos. 29 and 43, 1945; No. 48, 1951; No. 89, 1952; Nos. 12 and 90, 1953; No. 56, 1955; No. 96, 1956; Nos. 7 and 52, 1958; No. 16, 1959; No. 92, 1962; No. 93, 1966; No. 216, 1973; No. 103, 1978; No. 61, 1981; No. 80, 1982; Nos. 76 and 165, 1984; No. 65, 1985; and No. 28, 1986.
6. No. 27, 1986, as amended. For previous amendments, see No. 106, 1986.
7. No. 28, 1986, as amended. For previous amendments, see No. 29, 1986.
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made in Senate on 12 November 1986
Bill read a second time in House of Representatives on 26 November 1986
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