Sheltered Employment (Assistance) Act 1973
No. 136 of 1973
AN ACT
To amend the Sheltered Employment (Assistance) Act 1967-1970.
[Assented to 13 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Sheltered Employment (Assistance) Act 1973.
(2) The Sheltered Employment (Assistance) Act 1967 1970 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 1967-1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants.
3. Section 10 of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (3) and substituting the following paragraphs:—
“(a) in the case of an organization that is not a local governing body—did not become available as a result of the borrowing of those moneys or any other moneys by the organization, and were not received by the organization from the Government of Australia or of a State or from a government authority;
(b) in the case of an organization that is a local governing body—were not received by the organization (otherwise than as a result of the borrowing of those moneys by the organization) from the Government of Australia or of a State or from a government authority; and
(c) in the case of an organization that is not a local governing body but which received the moneys from a local governing body—were not received by the local governing body (otherwise than as a result of the borrowing of those moneys by the local governing body) from the Government of Australia or of a State or from a government authority.”.
Formal amendments.
4. The Principal Act (including the title) is further amended by omitting the words “the Commonwealth” (wherever occurring) and substituting the word “Australia”
Overview
The Sheltered Employment (Assistance) Act 1973 was enacted to amend the Sheltered Employment (Assistance) Act 1967-1970, addressing gaps in the support and regulation of sheltered employment programs for people with disabilities. Enacted by the Queen, the Senate, and the House of Representatives of Australia, the Act aims to ensure that financial assistance provided to organisations facilitating sheltered employment is not sourced from government funds, thereby maintaining the independence and integrity of the funding. The amendments introduced in this Act focus on clarifying the conditions under which organisations can receive financial assistance, ensuring that such assistance is not influenced by government borrowing or other government funds. This legislative update seeks to uphold the original policy objective of supporting disabled individuals through employment in a sheltered environment while preventing any potential conflicts of interest or dependency on government funding.
Scope and Application
The Sheltered Employment (Assistance) Act 1973 applies to organisations involved in providing sheltered employment services, which are aimed at assisting individuals who face significant barriers to employment, such as those with disabilities, mental health issues, or other social disadvantages. This Act amends the previous Sheltered Employment (Assistance) Act 1967-1970, expanding and updating the criteria for eligibility for financial assistance. The Act applies to organisations that are not local governing bodies and those that have received funds from local governing bodies, provided that such funds were not sourced from government entities. The Act's jurisdictional reach extends across Australia, as it applies to the entire nation, not being confined to a specific state or territory. It is noteworthy that the Act has been amended to broaden its applicability and to ensure that organisations seeking assistance are not merely conduits for government funds but are genuinely independent entities. Additionally, the Act's provisions can be further expanded or restricted through subordinate instruments, ensuring its application remains relevant and effective in addressing evolving needs within the community.
Key Provisions
The main operative sections of the Sheltered Employment (Assistance) Act 1973 include amendments to the Principal Act (Section 3) which redefines the eligibility criteria for organisations seeking financial assistance. Specifically, it modifies the conditions under which funds may be granted, ensuring that these funds do not come directly from government sources or as a result of borrowing from such entities. The formal amendments (Section 4) involve replacing the term "the Commonwealth" with "Australia" throughout the Principal Act, aligning the language used with current conventions.
The Act imposes several obligations on entities seeking to benefit from the financial assistance provisions. Firstly, organisations must ensure that any funds they receive do not originate from government loans or direct government funding (Section 3). This requirement is crucial for maintaining the integrity of the funding program and ensuring that the assistance is directed towards truly independent entities. Additionally, the formal amendments (Section 4) necessitate a re-evaluation of the language used in the Principal Act to reflect modern terminology, which may involve updating documentation and communications to align with the legislative changes.
Breaches of the provisions outlined in the Act may result in civil or criminal consequences, although specific penalties are not detailed within the excerpt provided. Typically, non-compliance with legislative requirements could lead to the disqualification of an organisation from receiving funds, and in more severe cases, legal action could be pursued against the offending entity. The precise nature of these penalties would be governed by other sections of the Act or related legislation, which are not included in this excerpt.