Commonwealth Consolidated Acts

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Approval of sheltered employment--non-profit organisation

             (1)  If the Secretary is satisfied that:

                     (a)  one of the following provides paid employment for disabled persons at certain premises:

                              (i)  an entity registered under the Australian Charities and Not-for-profits Commission Act 2012 ;

                             (ii)  a not-for-profit entity that is not an ACNC type of entity; and

                     (b)  at least 50% of the persons employed at the premises are disabled persons;

the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.

Note:          Sheltered employment is relevant to the definition of gainful employment in section 19.

             (2)  For the purposes of subsection (1), a disabled person is a person:

                     (a)  who is:

                              (i)  permanently incapacitated for work; and

                             (ii)  the degree of the incapacity for work is 85% or more; and

                            (iii)  50% or more of the incapacity for work is directly caused by a physical or mental impairment; or

                     (b)  who, in the Secretary's opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.

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