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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Disability, Children and Young People)
Contents
Page
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Disability, Children and Young People)
Disability Services (Disability Service Providers) Amendment Bill 2014
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Disability Services (Disability Service Providers) Amendment Act 2014
.
This Act commences on 1 July 2014.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
substitute
(d) to promote the provision of high quality and innovative supports to enable people with disabilities to maximise independent lifestyles and full inclusion in the community; and
insert
Part 1A Specialist disability services
4 What is a specialist disability service?
(1) A specialist disability service is a service that—
(a) is provided specifically for people with disability; and
(b) is of a type declared by the Minister under subsection (2).
(2) The Minister may declare a type of service to be a specialist disability service.
Examples—service types
• accommodation support services
• advocacy services
• case management services
• personal care services
• respite care services
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) A declaration may apply, adopt or incorporate an instrument as in force from time to time.
(4) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
5 Who is a specialist disability service provider?
(1) A specialist disability service provider is a person or entity (other than the Territory) that provides specialist disability services, whether or not for profit, but does not include—
(a) a close relative of a person with disability who provides specialist disability services to the person other than as an agent or employee of a specialist disability service provider; or
(b) a person or entity prescribed by regulation.
(2) In this section:
close relative of a person means the person’s—
(a) domestic partner; or
Note Domestic partner—see the Legislation Act
, s 169.
(b) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(c) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
(d) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(e) uncle, aunt, uncle-in-law or aunt-in-law; or
(f) nephew, niece or cousin.
5A Approval of standards
(1) The Minister may approve standards about the provision of specialist disability services by specialist disability service providers.
Examples—matters standards may be about
• quality of services
• qualifications and training for staff
• criminal history checks
• protection of personal information
• allowing reasonable access to premises to inspect the operation of services
Note 1 Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
(2) An approved standard may apply, adopt or incorporate an instrument as in force from time to time.
(3) An approved standard is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
6 Financial assistance for providers of
services
Section 6 (2) (b)
omit
and any relevant standards approved under section 11 (Disability service standards)
omit
8 Conditions of
grants
Section 7 (4)
substitute
(4) An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with guidelines (if any) mentioned in section 10 (1) (a) that apply to the grantee.
9 Meaning of official visitor
etc
Section 8A, new definition of operating entity
insert
operating entity, for a visitable place—see the Official Visitor Act 2012
, dictionary.
10 Section 8A, definition of visitable place, paragraph (a)
substitute
(a) means accommodation provided for a person with disability for respite or long-term residential purposes other than a private home; and
11 Complaint about disability service
provided at place other than visitable place
Section 8B (1)
omit
service funded wholly or partly by the Territory
substitute
specialist disability service
12 Official visitors must give notice
of visit
Section 8C (1)
omit
director-general
substitute
operating entity
13 Disability service
standards
Section 11
omit
14 Regulation-making
power
Section 12 (2)
omit
section 11
substitute
section 5A
15 Requirements to be complied with in
relation to the design and implementation of programs and services relating to
people with disabilities
Schedule 2, requirement 9
omit
that
substitute
which
16 Dictionary, new definition of operating entity
operating entity, for a visitable place—see section 8A.
17 Dictionary, definition of organisation, paragraph (c)
omit
18 Dictionary, new definitions
insert
specialist disability service—see section 4 (1).
specialist disability service provider—see section 5 (1).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 15 May 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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