Commonwealth Numbered Regulations - Explanatory Statements

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DISABILITY SERVICES (COMMONWEALTH REHABILITATION SERVICE) REGULATIONS 1994 NO. 140

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 140

Issued by the authority of the Minister for Human Services and Health

Disability Services Act 1986

Disability Services (Commonwealth Rehabilitation Service) Regulations

Part III of the Disability Services Act 1986 (the Act) relates to the provision of rehabilitation services by the Commonwealth.

Section 36 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 23 of the Act provides for the recovery of the cost of rehabilitation programs borne by the Commonwealth from compensation payments to which persons receiving rehabilitation are entitled.

Subsection 23(1) of the Act defines compensation and in doing so excludes a payment made under a law of the Commonwealth or a State prescribed for the purpose of the definition.

It is the Government's intention that payments for criminal injury be excluded from recovery action and this regulation gives effect to that intention by prescribing the various Commonwealth and State Acts, payments under which will be excluded for the purposes of section 23(1) of the Act.

The proposed Regulation conies into effect on gazettal.


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