Sheltered Employment (Assistance) Act 1970

Administered by Department of Social Services

Legislation au C1970A00084 In force Act

Legislation content

Sheltered Employment (Assistance)

No. 84 of 1970

An Act to amend the Sheltered Employment (Assistance) Act 1967.

[Assented to 26 October 1970]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Sheltered Employment (Assistance) Act 1970.

(2.) The Sheltered Employment (Assistance) Act 1967 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Sheltered Employment (Assistance) Act 19671970.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. Section 3 of the Principal Act is amended by omitting the words—

Part V.—General (Sections 1721).

and inserting in their stead the words—

Part IVa.—Training Fees for Eligible Organizations (Sections 16a16b).

Part IVb.—Financial Assistance in respect of Approved Officers (Sections 16c16e).

Part V.—General (Sections 16f21)..

Definitions.

4. Section 5 of the Principal Act is amended by inserting before the definition of disabled person the following definition:—

“‘approved person means—

(a) a disabled person engaged in sheltered employment or in any other employment, occupation or business; or

(b) a person who, because of a disability, needs special residential accommodation to allow him to engage in sheltered employment or in any other employment, occupation or business;.

Interpretation.

5. Section 8 of the Principal Act is amended—

(a) by omitting from the definition of the capital cost in sub-section (1.) the words providing sheltered employment or


residential accommodation for persons engaged in sheltered employment (wherever occurring) and inserting in their stead the words providing sheltered employment or providing residential accommodation for approved persons or providing both sheltered employment and residential accommodation for approved persons; and

(b) by omitting from paragraph (a) of sub-section (3.) the words persons engaged in sheltered employment and inserting in their stead the words approved persons.

Approved projects.

6. Section 9 of the Principal Act is amended by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph:—

(b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by or on behalf of the organization for or in connexion with providing sheltered employment or providing residential accommodation for approved persons or providing both sheltered employment and residential accommodation for approved persons,.

7. After Part IV. of the Principal Act the following Parts are inserted:—

Part IVa.—Training Fees for Eligible Organizations.

Definition.

16a. In this Part, 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 amount included in the annual rate specified in paragraph (a) of sub-section (1a.) of section 28 of the Social Services Act 19471970 and the amount specified in paragraph (a) of sub-section (2.) of that section.

Training fees.

16b.—(1.) Where—

(a) a disabled person who has completed a continuous period of not less than six months sheltered employment provided by an eligible organization completes, on or after the commencement of this Part, a further continuous period of twelve months normal employment;

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


(c) the Director-General is satisfied that the training given to the disabled person during the period of sheltered employment contributed significantly to the ability of that person to engage in the normal employment,

the Director-General may, in his discretion, pay to the organization a training fee of Five hundred dollars.

(2.) The Director-General may, by reason of special circumstances, direct that two or more periods of normal employment of a person and the intervals that separate them shall, together, be treated, for the purposes of paragraph (a) of the last preceding sub-section, as one continuous period of normal employment.

(3.) A claim for the payment of a fee under this section shall be lodged with the Director-General within a period of six months, or such longer period as the Director-General approves in a particular case, commencing at the expiration of the period of twelve months normal employment to which the claim relates.

Part IVb.—Financial Assistance in respect of Approved Officers.

Definition.

16c. In this Part, approved officer means a person in respect of whom a direction is in force under the next succeeding section.

Approved officers.

16d. Where—

(a) a person is employed by an eligible organization wholly or partly to provide services of a supervisory, medical, counselling or other kind in connexion with the employment of disabled persons in sheltered employment provided by the organization; and

(b) the Director-General is satisfied that some or all of the services provided, or to be provided, by the person would not be required if the employment in connexion with which those services are provided, or to be provided, were not sheltered employment,

the Director-General may, by instrument in writing, direct that the first-mentioned person be regarded as an approved officer for the purposes of this Part.

Financial assistance towards meeting the cost of remuneration.

16e. Where an eligible organization employs an approved officer, the Director-General may, in his discretion, pay to the organization, by way of financial assistance towards meeting the cost to the organization of the remuneration of the approved officer in respect of any period commencing after the commencement of this Part, an amount calculated having regard to the services provided by the officer during that period that would not have been required if the employment in connexion with which the services were provided had not been sheltered employment, but not, in any event, exceeding one-half of the amount of that remuneration..


8. Before section 17 of the Principal Act the following section is inserted in Part V.:—

Definition.

16f. In this Part, grant or grant under this Act includes a payment under Part IVa. or Part IVb. of this Act..

Application of certain amendments.

9. For the purposes of the grant of approvals under section 9 of the Principal Act, as amended by this Act, the amendments made by sections 4, 5 and 6 of this Act apply in relation to projects commenced on or after the date of commencement of this Act, or commenced, but not completed, before that date.

 

Overview

The Sheltered Employment (Assistance) Act 1970, enacted in 1970, is an amendment to the Sheltered Employment (Assistance) Act 1967. It was introduced to address the need for further support and financial assistance to eligible organisations that provide sheltered employment opportunities to disabled individuals. The Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. One of the key policy objectives of the Act is to provide additional financial support to organisations for the training of disabled individuals in normal employment, as well as for the remuneration of approved officers who provide essential services to these individuals. This Act introduces new provisions to the Principal Act, including provisions for training fees for eligible organisations, financial assistance for approved officers, and amendments to the definitions and interpretation of certain terms. These changes aim to enhance the support provided to disabled individuals transitioning from sheltered employment to normal employment and to assist organisations in meeting the costs associated with employing approved officers. The amendments apply to projects that commenced on or after the date of commencement of this Act, or those projects that were commenced but not completed before that date.

Scope and Application

The Sheltered Employment (Assistance) Act 1970 amends the Sheltered Employment (Assistance) Act 1967 to introduce new provisions related to training fees for eligible organisations and financial assistance for approved officers. This Act applies to eligible organisations that provide sheltered employment or residential accommodation to approved persons, defined as disabled individuals engaged in sheltered employment or those who require special residential accommodation due to a disability. The Act extends to Commonwealth and state jurisdictions, and its provisions apply to projects initiated on or after the Act's commencement date. The Act provides for the payment of a training fee to eligible organisations if a disabled person who has completed at least six months of sheltered employment transitions to a period of twelve months of normal employment, with the Director-General having discretion to treat two or more periods of normal employment as one continuous period if necessary. The Act also allows for financial assistance to eligible organisations for the remuneration of approved officers, who provide services in connection with the employment of disabled persons in sheltered employment, with the Director-General's discretion in determining the amount of assistance. The Act's amendments apply to projects initiated on or after the Act's commencement date, or those that were started before but not completed by that date.

Key Provisions

The Sheltered Employment (Assistance) Act 1970 (Act) introduces and amends several provisions of the Sheltered Employment (Assistance) Act 1967 (Principal Act). Key sections of the Act include the introduction of new definitions, provisions for training fees for eligible organizations, financial assistance for approved officers, and changes to the approval process for projects (sections 1–9). The Act defines "approved person" (section 4), modifies the definition of "capital cost" (section 5), and amends the criteria for approved projects (section 6). It also introduces new Parts IVa and IVb, concerning training fees for eligible organizations and financial assistance for approved officers, respectively (sections 7 and 8). The Act imposes specific obligations on eligible organizations, including the requirement to ensure that disabled persons completing a period of sheltered employment followed by a period of normal employment are eligible for a training fee if certain conditions are met (section 16b). Eligible organizations must also comply with the provisions regarding approved officers, ensuring that such officers are recognized and compensated appropriately if their services are necessary due to the nature of sheltered employment (section 16e). Additionally, the Director-General must make determinations based on the continuous nature of employment periods and special circumstances affecting the payment of training fees or recognition of approved officers. Failure to comply with the provisions of the Act may result in various consequences. While the Act does not explicitly state penalties for non-compliance, the discretion given to the Director-General in making decisions regarding training fees and approved officers implies that incorrect or fraudulent claims could be subject to scrutiny and potential revocation of benefits. Furthermore, organizations may face reputational damage or loss of eligibility for future assistance if found to be in breach of the Act's provisions.

Legal classification tags

Area of Law
Social Services & Welfare
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Training Fees for Eligible Organizations
Financial Assistance in respect of Approved Officers
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.