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Social Security and Other Legislation Amendment Bill 2011

Schedule 4 Disability advocacy services

   

Disability Services Act 1986

1  After paragraph 5A(1)(b)

Insert:

                   (ba)  disability advocacy standards to be observed in the provision of an advocacy service referred to in that Part; and

2  Subsection 5A(2)

After “paragraph (1)(b)”, insert “, disability advocacy standards under paragraph (1)(ba)”.

3  Section 6A (definition of certificate of compliance )

After “section 6D”, insert “, 6DA”.

4  Section 6A (after subparagraph (a)(i) of the definition of certifying functions )

Insert:

                            (ia)  whether an advocacy service meets the disability advocacy standards; and

5  Section 6A (paragraph (b) of the definition of certifying functions )

After “employment services”, insert “or advocacy services”.

Note:       The heading to section 6D is altered by omitting “ States or eligible organisations ” and substituting “ providers of employment services ”.

6  After section 6D

Insert:

6DA   Accredited certification body may give certificates of compliance to providers of advocacy services

             (1)  If:

                     (a)  an accredited certification body is requested by a State or eligible organisation to give the State or organisation a certificate under this section in respect of an advocacy service provided by the State or organisation; and

                     (b)  the accredited certification body is satisfied that the service meets the disability advocacy standards;

the accredited certification body must give to the State or organisation a certificate (a certificate of compliance ) stating that the service meets those standards.

Revocation of certificate

             (2)  If:

                     (a)  an accredited certification body has given a certificate of compliance to a State or eligible organisation in respect of an advocacy service; and

                     (b)  the accredited certification body ceases to be satisfied that the service meets the disability advocacy standards;

the accredited certification body must, by written notice given to the State or organisation, revoke the certificate.

Notification to Secretary

             (3)  If:

                     (a)  an accredited certification body gives a certificate of compliance to a State or eligible organisation; or

                     (b)  an accredited certification body revokes a certificate of compliance;

the accredited certification body must, as soon as practicable, notify the Secretary in writing of the giving or revocation of the certificate and of its reasons for giving or revoking the certificate.

Period certificate of compliance is in force

             (4)  A certificate of compliance continues in force until:

                     (a)  it is revoked; or

                     (b)  if the accredited certification body that gave the certificate ceases to be accredited—the end of the period of 3 months after the cessation;

whichever occurs first.

Certificates are not legislative instruments

             (5)  A certificate under subsection (1) is not a legislative instrument.

7  Section 7

Insert:

advocacy service means:

                     (a)  a service that seeks to support persons with disabilities to exercise their rights and freedoms, being rights and freedoms recognised or declared by the Disabilities Convention, through:

                              (i)  one-to-one support; or

                             (ii)  supporting them to advocate for themselves, whether individually, through a third party or on a group basis; or

                     (b)  a service that seeks to introduce and influence long-term changes to ensure that the rights and freedoms of persons with disabilities, being rights and freedoms recognised or declared by the Disabilities Convention, are attained and upheld so as to positively affect the quality of their lives; or

                     (c)  a service included in a class of services approved by the Minister under section 9B.

8  Section 7 (definition of advocacy services )

Repeal the definition.

9  Section 7

Insert:

Disabilities Convention means the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006.

Note:          The text of the Convention is set out in Australian Treaty Series 2008 No. 12 ([2008] ATS 12). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

10  Section 7

Insert:

disability advocacy standards means the standards determined by the Minister under paragraph 5A(1)(ba) in relation to the provision of an advocacy service.

11  Section 7 (paragraph (b) of the definition of eligible service )

Repeal the paragraph.

12  At the end of Division 1 of Part II

Add:

9B   Approval of additional advocacy services

                   The Minister may, by legislative instrument, approve a class of services for the purposes of paragraph (c) of the definition of advocacy service in section 7 if the Minister is satisfied that the provision of a service included in that class of services would:

                     (a)  further the objects of this Act set out in section 3 and the principles and objectives formulated under section 5; and

                     (b)  further the implementation of the Disabilities Convention.

13  Subsection 12AE(4)

Omit “Part”, substitute “Division”.

14  After Division 2A of Part II

Insert:

Division 3 Grants for advocacy services

13   Financial assistance for advocacy services

             (1)  The Minister may approve:

                     (a)  the making of a grant of financial assistance to a State in relation to the provision by the State of an advocacy service for persons included in the target group; or

                     (b)  the making of a grant of financial assistance to an eligible organisation in relation to the provision by the organisation of an advocacy service for persons included in the target group.

             (2)  However, the Minister must not approve the making of a grant under subsection (1) unless:

                     (a)  the Minister is satisfied that the making of the grant would:

                              (i)  further the objects of this Act set out in section 3 and the principles and objectives formulated under section 5; and

                             (ii)  comply with the guidelines formulated under section 5 that are applicable to the making of grants under subsection (1); and

                     (b)  either of the following applies:

                              (i)  the State or organisation holds a current certificate of compliance in respect of the advocacy service;

                             (ii)  the Minister has, under this section, specified a day by which the State or organisation must obtain a certificate of compliance in respect of the advocacy service and the State or organisation has given a written notice to the Minister stating its intention to seek to obtain such a certificate on or before that day.

Ministerial determinations

             (3)  The Minister may make a determination specifying a day for the purposes of subparagraph (2)(b)(ii). The day cannot be later than 18 months after the day on which the determination is made.

             (4)  If subparagraph (2)(b)(ii) applies in respect of a grant, the Minister may vary the determination under subsection (3) to specify a later day. The later day cannot be later than 18 months after the day on which the grant is approved.

Statutory conditions

             (5)  A grant of financial assistance under this section to a State or eligible organisation in relation to the provision of an advocacy service is subject to the condition that the State or organisation holds a current certificate of compliance in respect of the service:

                     (a)  if subparagraph (2)(b)(i) applies in respect of the grant—at all times during the period to which the grant relates; or

                     (b)  if subparagraph (2)(b)(ii) applies in respect of the grant—at all times on and after:

                              (i)  the day specified in relation to the service under whichever of subsections (3) and (4) applies; or

                             (ii)  the day on which the State or organisation receives a certificate of compliance in respect of the service;

                            whichever is the earlier, and before the end of the period to which the grant relates.

Note:          See section 14 for other conditions.

Approvals and determinations are not legislative instruments

             (6)  The following are not legislative instruments:

                     (a)  an approval under subsection (1);

                     (b)  a determination under subsection (3).

14   Ancillary provisions relating to grants in respect of advocacy services

             (1)  Without limiting subsection 13(1), the Minister may, under that subsection, approve the making of a grant of financial assistance, in relation to the provision of an advocacy service, about any of the following:

                     (a)  recurrent expenditure incurred or to be incurred;

                     (b)  the cost of acquiring land (with or without buildings);

                     (c)  the cost of acquiring, erecting, altering or extending buildings;

                     (d)  the cost of acquiring, altering or installing equipment.

             (2)  If the Minister approves the making of a grant of financial assistance under subsection 13(1), the Minister must, subject to subsection (4) of this section and to the regulations:

                     (a)  determine the amount of the financial assistance or the manner in which the amount of the financial assistance is to be worked out; and

                     (b)  determine the time or times at which, and the instalments (if any) in which, the financial assistance is to be paid; and

                     (c)  determine any other terms and conditions on which the financial assistance is granted.

Examples of conditions

             (3)  Without limiting paragraph (2)(c), the terms and conditions that may be determined include terms and conditions about any of the following:

                     (a)  the purposes for which the financial assistance may be applied;

                     (b)  the amounts to be applied by the State or organisation for those purposes or any other purpose, and the source of amounts to be so applied;

                     (c)  the outcomes to be achieved by persons included in the target group by the provision of the advocacy service, and the rights of those persons in relation to the provision of the advocacy service or otherwise;

                     (d)  the provision of information;

                     (e)  the provision of certificates with respect to the fulfilment of terms and conditions;

                      (f)  the repayment of financial assistance;

                     (g)  the giving of security for the fulfilment of terms and conditions;

                     (h)  the use and disposal of, and the recovery of amounts that under the terms and conditions are to be taken as representing the Commonwealth’s interest in:

                              (i)  land acquired (with or without buildings); and

                             (ii)  buildings acquired, erected, altered or extended; and

                            (iii)  equipment acquired, altered or installed;

                            as a result of the application of the financial assistance or of the financial assistance and other money.

Instalment payments

             (4)  If a grant of financial assistance under this Division is to be paid in instalments, the instalments must be paid within 5 years after the approval of the making of the grant.

Determinations are not legislative instruments

             (5)  A determination under subsection (2) is not a legislative instrument.

15  Subsections 14GA(1) and (2)

Repeal the subsections, substitute:

             (1)  This section applies if:

                     (a)  an eligible organisation is receiving a grant of financial assistance in relation to the provision of an employment service or an advocacy service; and

                     (b)  the organisation is in breach of the condition of the grant referred to in subsection 12AD(5) or 13(5), as the case requires.

             (2)  The Minister may make a declaration:

                     (a)  stating that the organisation is in breach of that condition of the grant; and

                     (b)  specifying the actions that will be taken as a result of that breach.

Note:       The heading to section 14GA is altered by omitting “ Declaration ” and substituting “ Consequences ”.

16  Paragraph 14GA(3)(a)

Omit “the failure to comply with the condition specified under paragraph (2)(a)”, substitute “a breach of the condition referred to in subsection 12AD(5) or 13(5), as the case requires”.

17  At the end of section 14GA

Add:

             (6)  A declaration made under subsection (2) is not a legislative instrument.

18  Paragraph 14J(1)(a)

Omit “or an employment service”, substitute “, an employment service or an advocacy service”.

19  Subsection 14K(1)

Omit “(1)”.

Note:       The heading to section 14K is altered by omitting “ Division 2, or Subdivision A of Division 2A, of ”.

20  Subsection 14K(1)

Omit “or an employment service”, substitute “, an employment service or an advocacy service”.

21  Subsection 14K(2)

Repeal the subsection.

22  Paragraph 15(4)(a)

Omit “or an employment service”, substitute “, an employment service or an advocacy service”.

23  After paragraph 33(1)(ca)

Insert:

                  (caa)  the power to give approvals under section 9B; and

24  Saving—accreditations

The amendments made by items 4 and 5 do not affect the validity of an approval in force under section 6B, or an accreditation in force under section 6C, of the Disability Services Act 1986 immediately before the commencement of those items.

25  Saving—existing grants in respect of advocacy services

Despite the amendments and repeals made by this Schedule, the Disability Services Act 1986 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to grants of financial assistance approved before that commencement in respect of advocacy services.

26  Saving—existing declarations of failure to hold certificate

A declaration made under subsection 14GA(2) of the Disability Services Act 1986 before the commencement of this item has effect, on and after that commencement, as if it had been made under subsection 14GA(2) of that Act as amended by this Act.