Handicapped Persons Assistance Act 1974 (Cth)

HANDICAPPED PERSONS ASSISTANCE ACT 1974 [Note: This Act is "repealed" by Act No. 149 of 1995]
(#DATE 30:06:1992)

- Reprinted as at 30 June 1992

*1* The Handicapped Persons Assistance Act 1974 as shown in this reprint comprises Act No. 134, 1974 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
year transitional
provisions
Handicapped Persons Assistance Act 1974
134, 1974 9 Dec 1974 Part IV (ss.
14, 15), Part VI
(ss. 19-21),
Part VII (ss.
22-26) and
s. 36 (2):
1 Jan 1975
Remainder: Royal Assent
Handicapped Persons Assistance Amendment Act 1976
105, 1976 21 Oct 1976 1 Nov 1976 S. 3 (2)
Statute Law (Miscellaneous Amendments) Act No. 2) 1982
80, 1982 22 Sept 1982 Part XXXVII
(ss. 111-121):
20 Oct 1982 (a) -
Social Security Legislation Amendment Act 1983
69, 1983 24 Oct 1983 Ss. 57, 59 and 63-68:
Royal Assent (b)
Ss. 58, 60-62, 69 and
70: (b)
S. 65 (2)
Social Security and Repatriation Legislation Amendment Act
1984 78, 1984 25 June 1984
Part VII (ss.
83, 84): Royal Assent (c) -
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: 13 Dec 1984
(see Gazette 1984,
No. S519) (d)
Ss. 6 (1) and 9
Social Security and Repatriation Legislation Amendment Act
1985 95, 1985 5 Sept 1985
Part VIII (ss. 50- 54):
Royal Assent (e) -
Disability Services (Transitional Provisions and
Consequential Amendments) Act 1986
130, 1986 9 Dec 1986 5 June 1987
(see ds. 2 and
Gazette No. S110)
S. 9 (2)-(5)
Social Security (Rewrite) Transition Act 1991
70, 1991 25 June 1991 (f) -
(a) The Handicapped Persons Assistance Act 1974 was amended by Part XXXVII (sections 111-121) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (16) of which provides as follows:
"(16) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent".
(b) The Handicapped Persons Assistance Act 1974 was amended by sections 57-70 only of the Social Security Legislation Amendment Act 1983, subsections 2 (1) and (4) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(4) Sections 58, 60, 61, 62, 69 and 70 shall be deemed to have come into operation on 1 October 1983."
(c) The Handicapped Persons Assistance Act 1974 was amended by Part VII (sections 83, 84) only of the Social Security and Repatriation Legislation Amendment Act 1984, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent." (d) The Handicapped Persons Assistance Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (29) of which provides that section 9 and the amendments made to the Handicapped Persons Assistance Act 1974 shall come into operation on the day fixed by Proclamation for the purposes of subsection 2 (20) of that Act.
In pursuance of subsection 2 (20) the date of commencement was 13 December 1984 (see Gazette 1984 No. S519).
(e) The Handicapped Persons Assistance Act 1974 was amended by Part VIII (sections 50-54) only of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(f) "2. This Act commences immediately after the Social Security Act 1991 commences."
The Social Security Act 1991 commenced on 1 July 1991.
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 105, 1976; No. 69, 1983
S.3 am. No. 105, 1976; No. 80, 1982; No. 69,
1983
rep. No. 130, 1986
Ss. 4-7 rep. No. 130, 1986
Part II (ss. 8-10) rep. No. 130, 1986
Ss. 8, 9 rep. No. 130, 1986
S. 10 am. No. 105, 1976; No. 80, 1982
rep. No. 130, 1986
Part III (ss. 11-13) rep. No. 130, 1986
S. 11 rep. No. 130, 1986
S. 12 am. No. 78, 1984
rep. No. 130, 1986
S. 13 am. No. 105, 1976; No. 80, 1982
rep. No. 130, 1986
Part IV (ss. 14, 15) rep. No. 130, 1986
S. 14 rep. No. 130, 1986
S. 15 am. No. 105, 1976; No. 80, 1982
rep. No. 130, 1986
Part V (ss. 16-18) rep. No. 130, 1986
Ss. 16, 17 am. No. 69, 1983
rep. No. 130, 1986
S. 18 am. No. 105, 1976; No. 80, 1982; No. 69,
1983
rep. No. 130, 1986
Part VI (ss. 19-21) rep. No. 130, 1986
S. 19 rs. No. 69, 1983
rep. No. 130, 1986
S. 20 am. No. 69, 1983
rep. No. 130, 1986
S. 21 am. No. 80, 1982; No. 69, 1983
rep. No. 130, 1986
S. 22 am. No. 130, 1986
S. 23 am. No. 105, 1976; No. 80, 1982; No. 69,
1983
S. 27 am. No. 80, 1982
rs. No. 130, 1986
am. No. 70, 1991
Ss. 28, 29 am. No. 69, 1983 Part VIIIA
(ss. 29A-29C) ad. No. 69, 1983
S. 29A ad. No. 69, 1983
rs. No. 130, 1986
Ss. 29B, 29C ad. No. 69, 1983
S. 30 am. No. 69, 1983
rs. No. 130, 1986
S. 31 am. No. 105, 1976; No. 95, 1985
rep. No. 130, 1986
S. 31A ad. No. 95, 1985
rep. No. 130, 1986
S. 32 rep. No. 130, 1986
Part X (ss. 35, 36) rep. No. 130, 1986
Ss. 35, 36 rep. No. 130, 1986
Ss. 37, 38 am. No. 80, 1982; No. 165, 1984; No. 95,
1985
rep. No. 130, 1986

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - TABLE OF PROVISIONS 
TABLE

                            TABLE OF PROVISIONS

Section

                            PART I-PRELIMINARY

    1.    Short title

    2.    Commencement

               PART VII-HANDICAPPED CHILDREN'S BENEFIT

   22     Interpretation

   23.    Handicapped children's benefit

   24.    Temporary absences

   25.    Claims for benefit

   26.    Minister may require medical examination

            PART VIII-TRAINING FEES FOR ELIGIBLE ORGANIZATIONS

                    PROVIDING SHELTERED EMPLOYMENT

   27.    Interpretation

   28.    Training fees

   29.    Claims

                  PART VIIIA-OPEN EMPLOYMENT INCENTIVE BONUS

  29A.    Interpretation

  29B.    Open employment incentive bonus

  29C.    Claims

                              PART IX-GENERAL

   30.    Payments not to be made under Act after 30 June 1992

   33.    Delegation by Minister

   34.    Regulations

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - LONG TITLE 
SECT

          An Act to provide for Assistance by the Commonwealth

          towards the Provision of Facilities for Handicapped

          Children, Disabled Persons and certain other Persons,

          and to provide for the payment by the Commonwealth of

                   an open employment incentive bonus

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - PART I 
 PART I-PRELIMINARY 

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Handicapped Persons Assistance Act 1974.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 2 
Commencement 
SECT

  2.*1* (1) Subject to subsection (2), this Act shall come into operation on
the day on which it receives the Royal Assent.
  (2) Parts IV, VI and VII and subsection 36 (2) shall come into operation on
1 January 1975.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - PART VII 
 PART VII-HANDICAPPED CHILDREN'S BENEFIT 

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 22 
Interpretation 
SECT

  22. In this Part, unless the contrary intention appears:

  "approved residential accommodation" has the same meaning that it had
immediately before the commencement of Part II of the Disability Services Act
1986;

  "benefit" means handicapped children's benefit payable under this Part;

  "eligible organization" has the same meaning that it had immediately before
the commencement of Part II of the Disability Services Act 1986;

  "handicapped child" means a person who:

  (a) is suffering from a physical or mental disability; and

  (b) has not attained the age of 16 years;

  "medical practitioner" means a person registered or licensed as a medical
practitioner under a law of a State or Territory that provides for the
registration or licensing of medical practitioners;

  "month" means a month of the year.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 23 
Handicapped children's benefit 
SECT

  23. (1) An eligible organization that provides approved residential
accommodation for handicapped children is entitled to receive benefit in
respect of each such handicapped child at the rate of $5.00 for each day on
which the approved residential accommodation is provided for the child.
  (2) Benefit in respect of a particular child for a particular day is not
payable both under this Part and under Part VA of the National Health Act
1953.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 24 
Temporary absences 
SECT

  24. (1) Where:

  (a) a handicapped child ceases to be provided by an eligible organization
with approved residential accommodation by reason that he is absent from the
premises at which the accommodation is provided; and

  (b) that absence does not exceed 4 days or, if it does exceed 4 days, the
child is not, during that absence, outside the care of the organization for a
period exceeding 4 days;

then, for each day of the absence, benefit shall, if the Minister approves, be
payable in respect of him as if he had continued to be provided with approved
residential accommodation.
  (2) Where:

  (a) in respect of any day, benefit is payable under subsection (1) to an
eligible organization in respect of a handicapped child; and

  (b) on that day:

    (i) the child is outside the care of the organization;

and

    (ii) another handicapped child is provided with approved

residential accommodation by the organization in the place of the
first-mentioned handicapped child;

benefit is not payable for that day to that organization in respect of that
other handicapped child.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 25 
Claims for benefit 
SECT

  25. For the purpose of obtaining payment of benefit, an eligible
organization shall:

  (a) as soon as practicable after the end of each month or such other period
as the Minister permits, submit a claim, in a form approved by the Minister,
for benefit payable in respect of that month or other period and forward with
that claim such information in relation to that claim as is shown in the form
to be required; and

  (b) if the Minister so requires, furnish such information in relation to the
claim as the Minister specifies.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 26 
Minister may require medical examination 
SECT

  26. The Minister may, for the purpose of considering a claim for benefit in
respect of a child, require that the child be examined by a medical
practitioner specified by the Minister. relation to the claim as the Minister
specifies.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - PART VIII 
 PART VIII-TRAINING FEES FOR ELIGIBLE ORGANIZATIONS 
 PROVIDING SHELTERED EMPLOYMENT 

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 27 
Interpretation 
SECT

  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 year equal to the
aggregate of:

    (i) the maximum basic rate of age pension that would be

payable to the person under the Social Security Act 1991 if the person:

      (A) were receiving an age pension under that Act;

and

     (B) were not a member of a couple (within the

meaning of that Act); and

    (ii) the amount that would be the person's ordinary income

free area for the purposes of the Social Security Act 1991 if:

      (A) the person were receiving an age pension under

that Act; and

      (B) the person were not a member of a couple (within

the meaning of that Act);

Note 1: the maximum basic rate is to be found in Pension Rate Calculator A
(point 1064-B1-Table B-item 1-column 3) in the Social Security Act 1991.

Note 2: the free area is to be found in Pension Rate Calculator A (point
1064-E4-Table E-1-item 1-column 3) in the Social Security Act 1991.

  "sheltered employment" has the same meaning that it had immediately before
the commencement of Part II of the Disability Services Act 1986.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 28 
Training fees 
SECT

  28. (1) Where:

    (a) a person who has completed a continuous period of

not less than 6 months' sheltered employment provided by an eligible
organization completes, after the commencement of this Part, a further
continuous period of 12 months' normal employment;

  (b) the 2 periods are continuous with one another or are separated by an
interval that is so short that, in the opinion of the Minister, it is not
significant for the purposes of this section; and

  (c) the Minister is satisfied that the training given to the person during
the period of sheltered employment contributed significantly to the ability of
that person to engage in the normal employment;

the Minister may, in his discretion, pay to the organization a training fee of
$500.
  (2) The Minister may, by reason of special circumstances, direct that 2 or
more periods of normal employment of a person and the intervals that separate
them shall, together, be treated, for the purposes of paragraph (1) (a), as
one continuous period of normal employment.
  (3) The payment of a fee under this section in respect of a particular
person shall not be made more than once.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 29 
Claims 
SECT

  29. A claim for the payment of a fee under section 28 shall be in a form
approved by the Minister and shall be lodged with the Department within a
period of 6 months, or such longer period as the Minister permits, commencing
at the expiration of the period of 12 months' normal employment to which the
claim relates.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - PART VIIIA 
 PART VIIIA-OPEN EMPLOYMENT INCENTIVE BONUS 

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 29A 
Interpretation 
SECT

  29A. In this Part, "eligible organization", "normal employment" and
"sheltered employment" have the same respective meanings as they have in Part
VIII.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 29B 
Open employment incentive bonus 
SECT

  29B. (1) Where:

  (a) a person who has completed a continuous period of not less than 6
months' sheltered employment provided by an eligible organization completes,
on or after 1 October 1983, a further continuous period of 12 months' normal
employment; and

  (b) the 2 periods are continuous with one another or are separated by an
interval that is so short that, in the opinion of the Minister, it is not
significant for the purposes of this section;

the Minister may, in his discretion, pay to the person an open employment
incentive bonus of $500.
  (2) The Minister may, by reason of special circumstances, direct that 2 or
more periods of normal employment of a person and the intervals that separate
them shall, together, be treated, for the purposes of paragraph (1) (a), as
one continuous period of normal employment.
  (3) The payment of a bonus under this section to a particular person shall
not be made more than once.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 29C 
Claims 
SECT

  29C. A claim for the payment of a bonus under section 29B shall be in a form
approved by the Minister and shall be lodged with the Department within the
period of 6 months, or such longer period as the Minister permits, commencing
at the expiration of the period of 12 months' normal employment to which the
claim relates.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - PART IX 
 PART IX-GENERAL 

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 30 
Payments not to be made under Act after 30 June 1992 
SECT

  30. Notwithstanding anything contained in this Act, no payments shall be
made under this Act after 30 June 1992.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 33 
Delegation by Minister 
SECT

  33. (1) The Minister may, by writing under his hand, delegate to a person,
either generally or otherwise as provided in the instrument of delegation, all
or any of his powers or functions under this Act (except this power of
delegation).
  (2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
  (3) A delegation under this section is revocable at will and does not
prevent the exercise of the power or the performance of the function by the
Minister.

HANDICAPPED PERSONS ASSISTANCE ACT 1974 - SECT 34 
Regulations 
SECT

  34. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act.