Handicapped Children (Assistance) Act 1973

Overview

The Handicapped Children (Assistance) Act 1973 was enacted by the Queen, the Senate and the House of Representatives of Australia, and it came into operation on the day it received Royal Assent, specifically on 13 November 1973. This Act serves as an amendment to the Handicapped Children (Assistance) Act 1970, thereby updating and refining the legislative framework for assisting children with disabilities. It aims to address any gaps in the previous legislation, particularly by clarifying the conditions under which grants can be provided to organisations involved in the care and education of these children. The policy objective is to ensure that funds are not received from government sources, which could potentially conflict with the independence and autonomy of the organisations providing the assistance.

Scope and Application

The Handicapped Children (Assistance) Act 1973 applies to various organisations providing assistance to children with disabilities, particularly those receiving funds from the government or state authorities. The Act amends the Handicapped Children (Assistance) Act 1970 to clarify and restrict the conditions under which certain organisations can receive funding. The amendments focus on ensuring that funds do not come from government sources, whether directly or indirectly, through borrowing or other means. This Act applies on a national level across Australia, as indicated by the substitution of "Australia" for "the Commonwealth" in the Principal Act. The legislation does not specify exclusions or exemptions but rather narrows the eligibility criteria for receiving government-sourced funds for assisting handicapped children, thereby extending the restrictions on the application of the Act through its amendments.

Key Provisions

The Handicapped Children (Assistance) Act 1973 (C1973A00137) is an Act that amends the Handicapped Children (Assistance) Act 1970. The key operative sections of this Act include those that amend the eligibility criteria for grants under Sections 9 and 12 of the Principal Act. Specifically, Section 3 amends paragraph (3)(a) and (b) of Section 9 to exclude organisations that have borrowed money or received funds from the Government of Australia or of a State or from a government authority, while Section 4 makes a similar amendment to Section 12. These sections clarify the conditions under which grants can be provided to organisations that assist handicapped children. The Act imposes specific obligations on the organisations that it governs. These organisations must ensure that any funds they receive do not come from government sources if they are to be eligible for grants under this Act. The Act requires these organisations to provide detailed information about the sources of their funding to ensure compliance with the Act's provisions. Furthermore, the Act mandates that these organisations maintain records of their funding sources and be able to demonstrate that they meet the eligibility criteria for grants. Breaches of the provisions of this Act can result in serious consequences. While the Act does not explicitly outline offences or penalties, it is reasonable to infer that failure to comply with the Act's requirements could lead to the disqualification of an organisation from receiving grants. This could have significant financial implications for the organisation and, by extension, for the children they assist. Given the nature of the Act, any breach of its provisions could potentially result in civil or criminal liability, depending on the specific circumstances of the breach. The precise penalties for such breaches would need to be determined by the courts, but could include fines or other penalties as deemed appropriate by the court.