EXPLANATORY STATEMENT
Disability Services (Rehabilitation Services) Guidelines 2006
Summary
These Guidelines are made under section 5(1) of the Disability Services Act 1986 (the Act) and are relevant to the administration of Part III of the Act that deals with the provision of rehabilitation services to people with a disability.
The purpose of the Guidelines is to provide guidance to the Secretary about the approval and provision of rehabilitation programs. The current guidelines under the Act are revoked.
Background
In 2005, the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act amended Part III of the Act. The amendments commence on 1 July 2006 and remove the requirement for a person to substantially increase his or her capacity to obtain or retain paid employment, or live independently, as the basis for approving a rehabilitation program.
Combined with the introduction of the new amendments to Part III of the Act, a demand driven stream for vocational rehabilitation services for eligible social security recipient job seekers will also be established.
From 1 July 2006, comprehensive assessments will be undertaken to assess a person’s capacity to work. The introduction of the new assessment process will provide an independent and transparent assessment and referral function.
The Guidelines have been amended to reflect this new process as the primary assessment tool for vocational rehabilitation.
Under the new Guidelines the Secretary will be required to take account of the following considerations when approving a rehabilitation program:
- a person’s work capacity assessment;
- the benefit to the person of being provided a rehabilitation program; and
- whether or not a place is available.
Explanation of the provisions
Part 1 Preliminary
Name of Guidelines
Section 1 states the name of these Guidelines. Note 1 clarifies that the Guidelines deal with the administration of Part III of the Act and are to be read subject to the relevant provisions of the Act. Part III of the Act deals with the provision of rehabilitation services by the Commonwealth. Note 2 directs the reader’s attention to the Disability Services (Administration of Part II of the Act) Guidelines 2002 for matters relating to the administration of Part II.
Commencement
Section 2 states that the Guidelines commence on the later of 1 July 2006 and the earliest day that, under 5 of the Act, the Guidelines would come into effect.
Definitions
Section 3 defines terms used in the Guidelines. A note at the end of section 3 provides that the expressions used in these Guidelines and in the Act have the same meaning as in the Act unless a contrary intention appears. New terms appearing in the Guidelines are: non-vocational rehabilitation program; vocational rehabilitation; positive work capacity assessment report; and work capacity assessment.
Revocation
Section 4 revokes the current Guidelines, Disability Services (Rehabilitation Programs) Guidelines 2002. Also revoked are the Disability Services (Rehabilitation Programs) Amendment Determination (No.1) 2002 and the Disability Services (Rehabilitation Programs) Guidelines No.1 1992.
Purpose of these Guidelines
Section 5 specifies that the underlying purpose of these Guidelines is to:
- promote fair, open, consistent and accountable-decision making;
- inform the community about the decision making-processes and factors to be considered in making decisions under the Act; and
- promote the efficient and effective administration of Part III of the Act.
Part 2 Matters relevant to approvals of rehabilitation services
Determining standards and key performance indicators
Paragraph 5A(1)(c) of the Act authorises the Minister to determine the rehabilitation program standards for rehabilitation services. Subsection 5A(2) of the Act requires the Minister to approve key performance indicators for assessing whether the standards have been observed.
Certificate of compliance
Subsection 19(2) of the Act provides that, after 1 January 2005, the Secretary must not approve the provision of a rehabilitation service if the provider of the service does not hold a current certificate of compliance. Section 7 of the Guidelines states that a provider will be taken to hold a current certificate of compliance where the accredited certification body has notified the Secretary to this effect and has not notified of its cancellation. This section is unchanged from the current Guidelines.
Factors to which Secretary must have regard in approving the provision of rehabilitation services
Section 8 of these Guidelines specifies that the Secretary must have regard to the fact that the objects of the Act (set out in section 3 of the Act) are more likely to be achieved through vocational than non-vocational services, when approving a rehabilitation program under subsection 20(1) of the Act.
Approval of rehabilitation services
Section 9 of the Guidelines provides the Secretary with guidance about approving the provision of vocational and non-vocational rehabilitation programs.
Under paragraph 9(a), the Secretary must approve a vocational rehabilitation program where the person has undertaken a work capacity assessment, has a positive work capacity assessment report and a place is available.
Under the Guidelines, work capacity assessments are performed by an organisation or provider engaged by the Commonwealth for this purpose. These assessments include the consideration of whether vocational rehabilitation would assist a person in obtaining or retaining paid employment. Work capacity assessments include, but are not limited to, those which are commonly known as Better Assessments or Comprehensive Work Capacity Assessments.
A report of the person’s assessment will be provided to the Secretary (or the Secretary’s delegate). Under the Guidelines, a positive work capacity assessment report will recommend a vocational rehabilitation service to assist a person obtain or retain paid employment. If a person has such a report and a place is available, then the provision of the program must be approved.
Paragraph 9(c) sets out when a vocational rehabilitation place will be available for a person. A place is available when the number of eligible people being provided with vocational rehabilitation, at the time when vocational rehabilitation would be provided to the person, is less than the maximum number of places that have been allocated. As vocational rehabilitation places will be demand driven, the intention is that job seekers with a positive work capacity assessment will be approved a place in a rehabilitation program.
In approving a place in a non-vocational rehabilitation program, under paragraph 9(b) the Secretary must be satisfied (among other things):
- that it is not reasonable for the person to have employment as a viable rehabilitation goal;
- there were no other resources in the community that could meet the person’s rehabilitation needs;
- the person’s disability or personal circumstances makes it difficult to achieve any satisfactory independent living without rehabilitation assistance; and
- that participation in the service will increase the person’s capacity to live independently without ongoing rehabilitation support from the Commonwealth.
A note at the end of section 9 draws the reader’s attention to other matters the Secretary must be satisfied about when approving the provision of a service under subsection 20(1) of the Act.
Part 3 Miscellaneous matters
Availability of information
Section 10 of the Guidelines deals with the provision of information on request from the public. It states that, if requested, an officer must provide the public with:
- a copy of these Guidelines;
- the principles and objectives formulated under section 5 of the Act;
- the rehabilitation service standards; and
- the key performance indicators relevant to those standards.
Consultations
The Department of Human Services including the Commonwealth Rehabilitation Service (CRS Australia) were consulted in respect of these Guidelines.
Consultations were also undertaken with the following organisations.
- National Industry Association for Disability Services (ACROD);
- Association of Competitive Employment (ACE);
- National Employment Services Association (NESA);
- Welfare Rights;
- Australian Council of Social Service (ACOSS); and
- Australian Federation of Disabilities (AFOD).
The organisations consulted were provided with a draft of the Guidelines and were invited to provide comments at a forum held on 15 February 2006 and to provide written comments to the Department of Employment and Workplace Relations.