Handicapped Persons Assistance Amendment Act 1976

Overview

The Handicapped Persons Assistance Amendment Act 1976 was introduced by the Parliament of Australia to amend the Handicapped Persons Assistance Act 1974. This legislation was enacted to address the need for increased financial assistance for handicapped children, specifically by raising the Handicapped Children’s Benefit from $3.50 to $5.00 per day. The policy objective was to provide enhanced support for the care and assistance of handicapped children within the Commonwealth. The Act also included formal amendments to the Principal Act, such as updating the terminology to reflect the Commonwealth rather than Australia, thereby ensuring consistency and clarity in the legislative framework. The Act came into operation on 1 November 1976, ensuring that the increased benefit was implemented in a timely manner to support the needs of the affected children and their families.

Scope and Application

The Handicapped Persons Assistance Amendment Act 1976 applies to the amendments of the Handicapped Persons Assistance Act 1974, specifically to increase the Handicapped Children’s Benefit and make certain formal amendments. The Act pertains to the financial support provided to handicapped children, and it affects those who are eligible for the benefits as outlined in the Principal Act. The amendments have a national jurisdictional reach, as they are enacted by the Commonwealth of Australia and affect the entire country. The Act's amendments are effective from 1 November 1976, and it includes changes to the benefit amount for handicapped children from $3.50 to $5.00 per day. Additionally, the Act modifies specific sections of the Principal Act to replace the word "Australia" with "the Commonwealth" in various provisions, thereby formalising the jurisdictional scope of the legislation. There are no explicit exclusions or exemptions mentioned in the text, and any further implementation details or extensions are to be found in subordinate instruments or the Schedule of the Act.

Key Provisions

The Handicapped Persons Assistance Amendment Act 1976 (section 1) amends the Handicapped Persons Assistance Act 1974, referred to as the Principal Act throughout this legislation (section 1(2)). This Act will come into operation on 1 November 1976 (section 2). The primary change introduced by this amendment is an increase in the Handicapped Children’s Benefit, now set at $5.00 for each day, as opposed to the previous rate of $3.50 (section 3(1)). However, it is important to note that the previous rate will continue to apply for any days between the commencement of Part VII of the Principal Act and 31 October 1976 (section 3(2)). In addition to the increase in the Handicapped Children’s Benefit, this Act also includes formal amendments to the Principal Act. These formal amendments involve the substitution of the word "Australia" with "the Commonwealth" in various sections of the Principal Act (Schedule, section 4). Specifically, these changes affect the definitions of "eligible organisation" and "government authority" in Section 3, as well as Sections 10(1) and (3), 13(1), 15(1), 18(1) and (4), and 31(3) of the Principal Act. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily related to the increased financial assistance for handicapped children. This increased benefit is to be provided at the rate of $5.00 for each day, as amended by section 3(1). Furthermore, the formal amendments to the Principal Act require that the term "Commonwealth" replace "Australia" in the specified sections, ensuring consistency in terminology throughout the legislation. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that any failure to comply with the increased benefit requirement or the formal amendments could potentially lead to legal repercussions. This might include penalties under the Principal Act or other relevant legislation for non-compliance with the financial assistance obligations or the formal amendments. The exact consequences would depend on the specific circumstances and the applicable laws at the time of the breach.