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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Disability Services and Inclusion Bill
2023
No. , 2023
(Social Services)
A Bill for an Act relating to supports and services
for people with disability, and for related purposes
No. , 2023
Disability Services and Inclusion Bill 2023
i
Contents
Part 1
--
Preliminary
1
Division 1
--
Introduction
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
General principles guiding actions under this Act ............................. 5
5
Simplified outline of this Act ............................................................ 5
6
Act binds the Crown .......................................................................... 7
7
Extension to external Territories ....................................................... 7
Division 2
--
Definitions
8
8
Definitions ......................................................................................... 8
9
Meaning of
eligible person
.............................................................. 12
10
Meaning of
key personnel
................................................................ 13
11
Meaning of
regulated activity
.......................................................... 14
Part 2
--
Funding arrangements and grants
15
12
Simplified outline of this Part .......................................................... 15
13
Arrangements and grants ................................................................. 15
14
Terms and conditions ...................................................................... 17
15
Statutory funding conditions............................................................ 19
16
Constitutional limits ........................................................................ 21
17
Relationship with other laws ........................................................... 22
18
Executive power of the Commonwealth .......................................... 23
Part 3
--
Code of conduct, certificates of compliance and
accreditations
24
Division 1
--
Introduction
24
19
Simplified outline of this Part .......................................................... 24
Division 2
--
Code of conduct
25
20
Code of conduct ............................................................................... 25
Division 3
--
Certificates of compliance
26
21
Accredited certification body may grant certificate of
compliance for meeting compliance standards ................................ 26
22
Secretary may grant certificate of compliance for meeting
alternative compliance requirements ............................................... 28
23
Compliance standards ...................................................................... 30
24
Alternative compliance requirements .............................................. 30
ii
Disability Services and Inclusion Bill 2023
No. , 2023
Division 4
--
Accrediting authorities
32
25
Secretary may approve persons to be accrediting authorities .......... 32
Division 5
--
Accredited certification bodies
34
26
Accrediting authorities may accredit persons to be accredited
certification bodies .......................................................................... 34
Part 4
--
Information management
36
27
Simplified outline of this Part .......................................................... 36
28
Unauthorised use or disclosure of protected information ................ 36
29
Authorised uses and disclosures of relevant information................. 36
Part 5
--
Miscellaneous
40
30
Simplified outline of this Part .......................................................... 40
31
Delegation by the Minister .............................................................. 40
32
Delegation by the Secretary ............................................................. 40
33
Treatment of partnerships ................................................................ 41
34
Treatment of unincorporated associations ....................................... 41
35
Treatment of trusts ........................................................................... 42
36
Rules ................................................................................................ 42
No. , 2023
Disability Services and Inclusion Bill 2023
1
A Bill for an Act relating to supports and services
1
for people with disability, and for related purposes
2
The Parliament of Australia enacts:
3
Part
1--Preliminary
4
Division
1--Introduction
5
1 Short title
6
This Act is the
Disability Services and Inclusion Act 2023
.
7
Part 1
Preliminary
Division 1
Introduction
Section 2
2
Disability Services and Inclusion Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The 28th day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
The objects of this Act are to:
14
(a) in conjunction with other laws, give effect to the Convention
15
on the Rights of Persons with Disabilities; and
16
(b) provide funding, outside of the National Disability Insurance
17
Scheme, to persons that provide supports and services for the
18
benefit of people with disability, their families and carers;
19
and
20
(c) advance the inclusion and social and economic participation
21
of people with disability; and
22
(d) support people with disability to exercise choice and control
23
in matters that affect their lives, including by participating in
24
the development and review of policy and programs; and
25
(e) promote respect for the inherent dignity, difference and
26
individual autonomy of people with disability and raise
27
community understanding of barriers to the inclusion and
28
participation of people with disability on an equal basis; and
29
Preliminary
Part 1
Introduction
Division 1
Section 3
No. , 2023
Disability Services and Inclusion Bill 2023
3
(f) protect the rights of people with disability who receive
1
supports or services from persons funded under this Act,
2
including by:
3
(i) setting compliance standards that align with
4
contemporary practice; and
5
(ii) requiring persons providing such supports or services to
6
implement and maintain appropriate complaints
7
management and resolution systems and incident
8
management systems; and
9
(g) promote national consistency, coordination and accessibility
10
of supports and services for people with disability; and
11
(h) support people with disability to access supports or services
12
that:
13
(i) are safe and provided in a way that does not expose
14
people with disability to violence, abuse, neglect or
15
exploitation; and
16
(ii) are locally available (including in rural and remote
17
communities) and provided in a manner that is timely,
18
effective and innovative; and
19
(iii) to the extent possible, are integrated with services
20
generally available to other members of Australian
21
society; and
22
(iv) to the extent possible, provide continuity of support and
23
services for people with disability; and
24
(v) assist people with disability to meet the daily and
25
lifetime norms of other members of Australian society;
26
and
27
(vi) meet the needs of people with disability who experience
28
compound disadvantage, including as a result of being
29
an Indigenous person or as a result of a per
son's age,
30
sex, gender identity, sexual orientation, intersex status,
31
ethnicity, religious belief or cultural or linguistic
32
background, socioeconomic status or experience of past
33
trauma; and
34
(vii) respect the privacy of people with disability; and
35
(viii) provide accurate and sufficient information about the
36
supports and services available and the quality of those
37
supports and services; and
38
Part 1
Preliminary
Division 1
Introduction
Section 3
4
Disability Services and Inclusion Bill 2023
No. , 2023
(ix) increase the independence and wellbeing of people with
1
disability; and
2
(x) provide meaningful opportunities for employment,
3
education and development for people with disability;
4
and
5
(xi) support people with disability to participate in
6
Australian society on an equal basis to other members
7
of Australian society; and
8
(i) in conjunction with other laws, give effect to certain
9
obligations that Australia has as a party to:
10
(i) the International Covenant on Civil and Political Rights
11
done at New York on 16 December 1966 ([1980] ATS
12
23), as amended and in force for Australia from time to
13
time; and
14
(ii) the International Covenant on Economic, Social and
15
Cultural Rights done at New York on 16 December
16
1966 ([1976] ATS 5), as amended and in force for
17
Australia from time to time; and
18
(iii) the Convention on the Rights of the Child done at New
19
York on 20 November 1989 ([1991] ATS 4), as
20
amended and in force for Australia from time to time;
21
and
22
(iv) the Convention on the Elimination of All Forms of
23
Discrimination Against Women done at New York on
24
18 December 1979 ([1983] ATS 9), as amended and in
25
force for Australia from time to time; and
26
(v) the International Convention on the Elimination of All
27
Forms of Racial Discrimination done at New York on
28
21 December 1965 ([1975] ATS 40), as amended and in
29
force for Australia from time to time.
30
Note:
The text of a Convention or Covenant could in 2023 be viewed in the
31
Australian Treaties Library on the AustLII website
32
(http://www.austlii.edu.au).
33
Preliminary
Part 1
Introduction
Division 1
Section 4
No. , 2023
Disability Services and Inclusion Bill 2023
5
4 General principles guiding actions under this Act
1
(1) If this Act requires or permits an act or thing to be done, the act or
2
thing is to be done, so far as practicable, in accordance with the
3
general principles in this section.
4
(2) People with disability are individuals who have the inherent right
5
to respect for their human worth and dignity, and live a life free
6
from violence, neglect, abuse and exploitation.
7
(3) People with disability, whatever the origin, nature, type and degree
8
of disability, have the same basic human rights as other members
9
of Australian society.
10
(4) People with disability have the same right as other members of
11
Australian society to realise their individual capacities for physical,
12
social, emotional and intellectual development.
13
(5) People with disability have the same right as other members of
14
Australian society to supports and services which will support their
15
attaining a reasonable quality of life.
16
(6) People with disability have the same right as other members of
17
Australian society to exercise choice and control in relation to the
18
decisions that affect their lives.
19
(7) People with disability receiving supports or services have the same
20
right as other members of Australian society to receive those
21
supports or
services in a manner which results in the least
22
restriction of their rights and opportunities.
23
(8) People with disability have the same right as other members of
24
Australian society to pursue any grievance in relation to supports
25
or services.
26
5 Simplified outline of this Act
27
The Minister may, on behalf of the Commonwealth, make, vary or
28
administer an arrangement for the making of payments to a person,
29
or make, vary or administer a grant of financial assistance to a
30
Part 1
Preliminary
Division 1
Introduction
Section 5
6
Disability Services and Inclusion Bill 2023
No. , 2023
person, in relation to various activities for the benefit of people
1
with disability. Those activities are called eligible activities.
2
However, the Minister must not make an arrangement for the
3
making of payments, or make a grant of financial assistance, to a
4
person unless the person is an eligible person.
5
Generally, a person is an eligible person for an arrangement or
6
grant if the person, a
nd the person's ke
y personnel, are not subject
7
to a banning order under the NDIS Act and, in the case where the
8
arrangement or grant is in relation to a regulated activity, the
9
person either:
10
(a) holds a certificate of compliance for the regulated
11
activity; or
12
(b) is covered by a determination made by the Secretary
13
specifying a day by which the person must obtain a
14
certificate of compliance for the regulated activity.
15
The Secretary can make a legislative instrument to prescribe kinds
16
of eligible activities to be regulated activities.
17
Accredited certification bodies, and the Secretary, can grant a
18
person a certificate of compliance for a regulated activity.
19
Certificates can be granted if the person complies with the
20
compliance standards or alternative compliance requirements for
21
regulated activities.
22
A person to whom money may be payable under an arrangement,
23
or who receives a grant of financial assistance, must comply with
24
the statutory funding conditions under this Act and any other terms
25
and conditions set out in a funding agreement with the
26
Commonwealth.
27
A breach of the statutory funding conditions can result in
28
termination or variation of the funding agreement, termination or
29
variation of the arrangement or grant and publication of
30
information about the breach.
31
The statutory funding conditions for a person who is a party to a
32
funding agreement are the conditions that the person:
33
Preliminary
Part 1
Introduction
Division 1
Section 6
No. , 2023
Disability Services and Inclusion Bill 2023
7
(a) comply with the code of conduct; and
1
(b) hold a certificate of compliance for regulated activities
2
(or be covered by a determination made by the
3
Secretary); and
4
(c) implement and maintain an appropriate complaints
5
management and resolution system; and
6
(d) implement and maintain an appropriate incident
7
management system; and
8
(e) comply with other requirements in relation to banning
9
orders under the NDIS Act.
10
Rules made for the purposes of this Act can make provision for a
11
code of conduct, compliance standards and alternative compliance
12
requirements.
13
Information obtained or generated by entrusted persons in
14
administering this Act cannot be used or disclosed unless required
15
or authorised by this Act.
16
6 Act binds the Crown
17
(1) This Act binds the Crown in each of its capacities.
18
(2) However, this Act does not make the Crown liable to be prosecuted
19
for an offence.
20
7 Extension to external Territories
21
This Act extends to the external Territories.
22
Part 1
Preliminary
Division 2
Definitions
Section 8
8
Disability Services and Inclusion Bill 2023
No. , 2023
Division
2--Definitions
1
8 Definitions
2
In this Act:
3
accessibility supports or services
means supports or services to
4
assist a person with disability to access the physical environment or
5
to participate in the social environment.
6
accommodation supports or services
means supports or services to
7
assist a person with disability to obtain or maintain suitable
8
residential arrangements.
9
accredited certification body
means a person granted an
10
accreditation that is in force under section 26.
11
accrediting authority
means a person granted an approval that is in
12
force under section 25.
13
advocacy supports or services
means supports or services:
14
(a) to assist a person with disability to exercise choice or control
15
in matters that affect the person; or
16
(b) to assist a person with disability to understand and advocate
17
for their rights and to uphold and enforce their rights; or
18
(c) to influence community attitudes, government policy or laws
19
in relation to the rights and freedoms of people with
20
disability.
21
alternative compliance requirements
has the meaning given by
22
subsection 24(3).
23
arrangement
includes a contract, agreement, deed or
24
understanding.
25
capacity building supports or services
means the following:
26
(a)
supports or services to improve the capability of a person
27
with disability to participate in Australian society, including
28
through peer support, mentoring and skills development;
29
Preliminary
Part 1
Definitions
Division 2
Section 8
No. , 2023
Disability Services and Inclusion Bill 2023
9
(b) supports or services to improve the capability of persons to
1
deliver inclusive and accessible infrastructure, supports or
2
services to people with disability.
3
carer supports or services
means supports or services that assist
4
carers of people with disability in their caring role.
5
centrelink program
has the same meaning as in the
Human
6
Services (Centrelink) Act 1997
.
7
certificate of compliance
means a certificate of compliance that:
8
(a) is granted under section 21 or 22 to a person; and
9
(b) is in force.
10
code of conduct
has the meaning given by subsection 20(3).
11
community inclusion supports or services
means supports or
12
services to assist a person with disability to engage with their
13
chosen community and culture, including by removing barriers to
14
their inclusion in community and cultural
activities.
15
compliance standards
has the meaning given by subsection 23(3).
16
constitutional corporation
means a corporation to which
17
paragraph 51(xx) of the Constitution applies.
18
Convention on the Rights of Persons with Disabilities
means the
19
Convention on the Rights of Persons with Disabilities done at New
20
York on 13 December 2006, as amended and in force for Australia
21
from time to time.
22
Note:
The Convention on the Rights of Persons with Disabilities is in
23
Australian Treaty Series 2008 No. 12 ([2008] ATS 12) and could in
24
2023 be viewed in the Australian Treaties Library on the AustLII
25
website (http://www.austlii.edu.au).
26
counselling supports or services
means supports or services based
27
on discussing, describing and addressing issues that a person with
28
disability experiences in their life or relationships with the purpose
29
of assisting that person to resolve or manage those issues.
30
Part 1
Preliminary
Division 2
Definitions
Section 8
10
Disability Services and Inclusion Bill 2023
No. , 2023
education supports or services
means supports or services to assist
1
a person with disability to prepare for, or participate in, education
2
at any level.
3
eligible activity
has the meaning given by subsection 13(1).
4
eligible person
has the meaning given by subsection 9(1).
5
employment supports or services
means the following:
6
(a) supports or services to assist a person with disability to
7
prepare for, obtain or maintain paid work, including training;
8
(b) supports or services to assist a person with disability to gain
9
and maintain self-employment;
10
(c) the provision of incentives or supports to employers to
11
employ people with disability.
12
entrusted person
means any of the following:
13
(a) the Secretary;
14
(b) an APS employee;
15
(c) any other person employed or engaged by the
16
Commonwealth to provide services to the Commonwealth.
17
funding agreement
has the meaning given by paragraph 14(1)(d).
18
independent living supports or services
means supports or services
19
to assist a person with disability to develop or maintain the
20
personal skills and self-confidence necessary to enhance the
21
person's independence, and self
-reliance, in the community and in
22
the person's home.
23
Indigenous person
means a person who is:
24
(a) a member of the Aboriginal race of Australia; or
25
(b) a descendant of an Indigenous inhabitant of the Torres Strait
26
Islands.
27
information supports or services
means
supports or services
28
(including translation and interpretation services) to assist a person
29
with disability to access and understand information available
30
generally to members of Australian society.
31
key personnel
has the meaning given by section 10.
32
Preliminary
Part 1
Definitions
Division 2
Section 8
No. , 2023
Disability Services and Inclusion Bill 2023
11
make
, in relation to an arrangement, includes enter into.
1
medicare program
has the same meaning as in the
Human Services
2
(Medicare) Act 1973
.
3
National Disability Insurance Scheme
has the meaning given by
4
the NDIS Act.
5
NDIS Act
means the
National Disability Insurance Scheme Act
6
2013
.
7
protected information
means either of the following kinds of
8
information:
9
(a) personal information within the meaning of the
Privacy Act
10
1988
;
11
(b) information about the affairs of a person the disclosure of
12
which could reasonably be expected to found an action by a
13
person (other than the Commonwealth) for breach of a duty
14
of confidence.
15
recreation supports or services
means supports or services to assist
16
a person with disability to participate in recreation and leisure
17
activities.
18
regulated activity
means an activity specified in an instrument in
19
force under section 11.
20
relevant information
means information obtained or generated by
21
an entrusted person in:
22
(a) performing functions or duties, or exercising powers, under
23
this Act; or
24
(b) assisting another person to perform functions or duties, or
25
exercise powers, under this Act.
26
research and evaluation program
means a program to:
27
(a) undertake research or data analysis in relation to people with
28
disability, including in relation to the provision of supports
29
and services for people with disability; or
30
(b) evaluate programs or policies that are directed towards
31
people with disability, including activities funded under
32
Part 1
Preliminary
Division 2
Definitions
Section 9
12
Disability Services and Inclusion Bill 2023
No. , 2023
arrangements, or grants of financial assistance, made under
1
this Act.
2
respite care supports or services
means supports or services to
3
provide short term care for a person with disability, as an
4
alternative care arrangement, for the purpose of giving relief or
5
assistance to:
6
(a) the person with disability; or
7
(b) the family members or carers of the person with disability.
8
rules
means the rules made under section 36.
9
Secretary
means the Secretary of the Department.
10
statutory funding condition
has the meaning given by section 15.
11
supports or services
includes the supply of goods or facilities.
12
9 Meaning of
eligible
person
13
Eligible person
14
(1) A person is an
eligible person
, for an arrangement or grant to be
15
made under section 13, if:
16
(a) in the case where the arrangement or grant is to be in relation
17
to an eligible activity that is a regulated activity
--
the person:
18
(i) holds a certificate of compliance for the regulated
19
activity; or
20
(ii) is covered by a determination, in force under
21
subsection (2) of this section, for the regulated activity
22
and the day specified in the determination has not
23
occurred; and
24
(b) the person is not subject to a banning order that is in force
25
under section 73ZN of the NDIS Act; and
26
(c) none of the members of the key personnel of the person is
27
subject to a banning order that is in force under section 73ZN
28
of the NDIS Act.
29
Preliminary
Part 1
Definitions
Division 2
Section 10
No. , 2023
Disability Services and Inclusion Bill 2023
13
Determination
1
(2) The Secretary may, in writing, make a determination specifying a
2
day by which a person must obtain a certificate of compliance for a
3
regulated activity if the person has given written notice to the
4
Secretary stating the person's intention to seek and obtain such a
5
certificate on or before that day.
6
(3) The specified day must be no later than 15 months after the day on
7
which the determination is made.
8
(4) The Secretary may, in writing, vary the determination to specify a
9
later day if the Minister has made an arrangement for the making
10
of payments, or made a grant of financial assistance, to the person
11
under section 13. The later day must be no later than 15 months
12
after the day on which the arrangement or grant was made.
13
(5) A determination under subsection (2) is not a legislative
14
instrument.
15
10 Meaning of
key personnel
16
(1) Each of the following is one of the
key personnel
of a person:
17
(a) a member of the group of persons who is responsible for the
18
executive decisions of the person;
19
(b) any other person who has authority or responsibility for (or
20
significant influence over) planning, directing or controlling
21
the activities of the person.
22
(2) Without limiting paragraph (1)(a), a reference in that paragraph to
23
a person who is responsible for the executive decisions of a person
24
includes:
25
(a) if the person is a body corporate that is incorporated, or taken
26
to be incorporated, under the
Corporations Act 2001
--
a
27
director of the body corporate for the purposes of that Act;
28
and
29
(b) in any other case
--a member of the person's governing body.
30
Part 1
Preliminary
Division 2
Definitions
Section 11
14
Disability Services and Inclusion Bill 2023
No. , 2023
11 Meaning of
regulated activity
1
The Secretary may, by legislative instrument, determine that a
2
specified kind of eligible activity is a regulated activity.
3
Funding arrangements and grants
Part 2
Section 12
No. , 2023
Disability Services and Inclusion Bill 2023
15
Part
2--Funding arrangements and grants
1
2
12 Simplified outline of this Part
3
The Minister may, on behalf of the Commonwealth, make, vary or
4
administer an arrangement for the making of payments by the
5
Commonwealth to a person, or make, vary or administer a grant of
6
financial assistance to a person, in relation to various activities for
7
the benefit of people with disability.
8
However, the Minister must not make an arrangement for the
9
making of payments, or make a grant of financial assistance, to a
10
person who is not an eligible person for the arrangement or grant.
11
The person must comply with the statutory funding conditions set
12
out in this Part and any other terms and conditions set out in a
13
funding agreement between the person and the Commonwealth.
14
The Minister may, on behalf of the Commonwealth, take particular
15
action if the person breaches the statutory funding conditions,
16
including by terminating or varying the funding agreement or
17
publishing information about the breach.
18
This Part operates concurrently with the power to make
19
arrangements and grants of financial assistance under section 32B
20
of the
Financial Framework (Supplementary Powers) Act 1997
or
21
Chapter 2D of the
Social Security Act 1991
.
22
13 Arrangements and grants
23
Arrangements and grants
24
(1) The Minister may, on behalf of the Commonwealth, make, vary or
25
administer an arrangement for the making of payments by the
26
Commonwealth to a person, or make, vary or administer a grant of
27
financial assistance to a person, in relation to one or more of the
28
following activities (the
eligible activities
):
29
Part 2
Funding arrangements and grants
Section 13
16
Disability Services and Inclusion Bill 2023
No. , 2023
(a) the provision of accessibility supports or services;
1
(b) the provision of accommodation supports or services;
2
(c) the provision of advocacy supports or services;
3
(d) the provision of capacity building supports or services;
4
(e) the provision of carer supports or services;
5
(f) the provision of community inclusion supports or services;
6
(g) the provision of counselling supports or services;
7
(h) the provision of education supports or services;
8
(i) the provision of employment supports or services;
9
(j) the provision of independent living supports or services;
10
(k) the provision of information supports or services;
11
(l) the provision of recreation supports or services;
12
(m) the provision of respite care supports or services;
13
(n) the provision of a research and evaluation program;
14
(o) an activity relating to furthering the objects of this Act;
15
(p) an activity determined by the Minister under subsection (2);
16
(q) an activity that is incidental or ancillary to any of the above.
17
Note:
Section 16 sets out the constitutional limits on arrangements and
18
grants.
19
(2) The Minister may, by legislative instrument, determine an activity
20
for the purposes of paragraph (1)(p).
21
(3) Subsection (1) does not limit the kinds of activities the Minister
22
may determine under subsection (2).
23
(4) The rules may set out matters to which the Minister must or may
24
have regard in deciding whether to make or vary an arrangement or
25
grant under subsection (1).
26
Exception
27
(5) Despite subsection (1), the Minister must not make an arrangement
28
for the making of payments, or make a grant of financial
29
assistance, to a person unless the person is an eligible person for
30
the arrangement or grant.
31
Funding arrangements and grants
Part 2
Section 14
No. , 2023
Disability Services and Inclusion Bill 2023
17
Other matters
1
(6) An arrangement under subsection (1) may provide for the
2
Commonwealth to reimburse, or partly reimburse, costs or
3
expenses (including costs or expenses incurred in obtaining a
4
certificate of compliance for activities in relation to the
5
arrangement).
6
(7) A grant under subsection (1) may be made by way of the
7
reimbursement, or partial reimbursement, of costs or expenses
8
(including costs or expenses incurred in obtaining a certificate of
9
compliance for activities in relation to the grant).
10
(8) Subsections (6) and (7) do not limit subsection (1).
11
(9) Subsection (1) does not authorise the making of a loan.
12
14 Terms and conditions
13
(1) The terms and conditions:
14
(a) on which money may be payable by the Commonwealth to a
15
person under an arrangement made under section 13; or
16
(b) on which a grant of financial assistance is made to a person
17
under section 13;
18
are the following:
19
(c) the statutory funding conditions;
20
(d) any other terms and conditions set out in a written agreement
21
(the
funding agreement
) between the Commonwealth and
22
the person.
23
Note:
For the statutory funding conditions, see section 15.
24
(2) The person must comply with the statutory funding conditions and
25
the terms and conditions set out in the funding agreement.
26
Terms and conditions in funding agreement
27
(3) The terms and conditions set out in the funding agreement:
28
(a) must provide for the circumstances in which the person must
29
repay amounts to the Commonwealth; and
30
Part 2
Funding arrangements and grants
Section 14
18
Disability Services and Inclusion Bill 2023
No. , 2023
(b) may deal with matters covered by the statutory funding
1
conditions; and
2
(c) may deal with the consequences for a breach of a term or
3
condition of the funding agreement; and
4
(d) may contain obligations to provide information or reports to
5
the Secretary
in relation to the following:
6
(i) alleged breaches, or actual breaches, of the code of
7
conduct by the person;
8
(ii) action taken in response to those alleged or actual
9
breaches.
10
Note 1:
An amount repayable to the Commonwealth would be a debt due to
11
the Commonwealth.
12
Note 2:
The code of conduct under section 20 may deal with when a person
13
breaches the code of conduct because of an act, or an omission to
14
perform an act, by a member of the key personnel of the person or by
15
another person who is employed, or otherwise engaged, by the person.
16
(4) Subsections (3) and (6) do not limit the terms and conditions that
17
may be set out in a funding agreement.
18
(5) However, a term or condition of a kind mentioned in
19
paragraph (3)(b) set out in a funding agreement is of no effect to
20
the extent of any inconsistency with the statutory funding
21
conditions.
22
Breach of statutory funding conditions
23
(6) If the Minister is satisfied that a person:
24
(a) to whom money may be payable under an arrangement made
25
under section 13; or
26
(b) who receives a grant of financial assistance made under
27
section 13;
28
has breached a statutory funding condition, the Minister may, on
29
behalf of the Commonwealth, take one or more of the following
30
actions:
31
(c) terminate the funding agreement made under this Act with
32
the person in relation to the arrangement or grant;
33
(d) vary the funding agreement made under this Act with the
34
person in relation to the arrangement or grant, including by
35
Funding arrangements and grants
Part 2
Section 15
No. , 2023
Disability Services and Inclusion Bill 2023
19
imposing terms and conditions and by reducing the amount
1
of money to be paid;
2
(e) terminate the arrangement or grant;
3
(f) vary the arrangement or grant;
4
(g) publish information about the breach on a website maintained
5
by the Department.
6
Minister may enter into funding agreement
7
(7) The Minister may, on behalf of the Commonwealth, enter into a
8
funding agreement.
9
Protection from civil proceedings
10
(8) The Commonwealth, the Minister or a delegate of the Minister is
11
not liable to any action, suit or other civil proceeding
for or in
12
relation to the publication, in good faith, of information under
13
paragraph (6)(g).
14
15 Statutory funding conditions
15
Statutory funding conditions
16
(1) This section sets out the statutory funding conditions that apply to
17
a person:
18
(a) to whom money may be payable under an arrangement made
19
under section 13; or
20
(b) who receives a grant of financial assistance made under
21
section 13.
22
First condition
--
code of conduct
23
(2) The first
statutory funding condition
is the condition that the
24
person complies with the code of conduct.
25
Note:
For the code of conduct, see section 20.
26
Part 2
Funding arrangements and grants
Section 15
20
Disability Services and Inclusion Bill 2023
No. , 2023
Second condition
--
certificate of compliance
1
(3) The second
statutory funding condition
is the condition that, if the
2
arrangement or grant is in relation to an eligible activity that is a
3
regulated activity, the person:
4
(a) holds a certificate of compliance for the regulated activity; or
5
(b) is covered by a determination, in force under subsection 9(2),
6
for the regulated activity and the day specified in the
7
determination has not occurred.
8
Note:
For certificates of compliance, see sections 21 and 22.
9
Third condition
--
complaints management and resolution system
10
(4) The third
statutory funding condition
is the condition that the
11
person implements and maintains a complaints management and
12
resolution system that:
13
(a) is appropriate for the size of the person and for the kinds of
14
eligible activities to which the arrangement or grant relates;
15
and
16
(b) acknowledges the role of advocates (including independent
17
advocates), and other representatives, of people with
18
disability; and
19
(c) provides for cooperation with, and facilitates arrangements
20
for, those advocates, and other representatives, to support
21
people with disability who:
22
(i) are affected by the complaints process; and
23
(ii) wish to be independently supported in that process by
24
an advocate or other representative; and
25
(d) complies with the requirements (if any) prescribed by the
26
rules for the purposes of this paragraph.
27
Fourth condition
--
incident management system
28
(5) The fourth
statutory funding condition
is the condition that the
29
person implements and maintains an incident management system
30
that:
31
(a) is appropriate for the size of the person and for the kinds of
32
eligible activities to which the arrangement or grant relates;
33
and
34
Funding arrangements and grants
Part 2
Section 16
No. , 2023
Disability Services and Inclusion Bill 2023
21
(b) complies with the requirements (if any) prescribed by the
1
rules for the purposes of this paragraph.
2
Fifth condition
--
banning orders
3
(6) The fifth
statutory funding condition
is the condition that:
4
(a) the person is not subject to a banning order that is in force
5
under section 73ZN of the NDIS Act; and
6
(b) none of the members of the key personnel of the person is
7
subject to a banning order that is in force under section 73ZN
8
of the NDIS Act; and
9
(c) if another person (the
employee
), who is employed or
10
otherwise engaged by the person, is subject to a banning
11
order that is in force under section 73ZN of the NDIS Act in
12
relation to activities, supports or services:
13
(i) the employee does not breach the banning order in
14
engaging in those activities or providing those supports
15
or services for, or on behalf of, the person; and
16
(ii) if the employee became subject to the banning order on
17
or after the day the arrangement or grant is made
--
the
18
person notifies the Secretary, in writing, of the banning
19
order as soon as practicable after the banning order is
20
made; and
21
(iii) if the employee became subject to the banning order
22
before the day the arrangement or grant is made
--
the
23
person notifies the Secretary, in writing, of the banning
24
order as soon as practicable after the day the
25
arrangement or grant is made.
26
16 Constitutional limits
27
An arrangement or grant referred to in section 13 must be with
28
respect to one or more of the following:
29
(a)
implementing any of Australia's international obligations
30
under the Convention on the Rights of Persons with
31
Disabilities;
32
(b) the granting of financial assistance to a State or Territory;
33
(c) a Territory;
34
Part 2
Funding arrangements and grants
Section 17
22
Disability Services and Inclusion Bill 2023
No. , 2023
(d) activities, supports or services for Indigenous persons;
1
(e) activities, supports or services that involve the use of a
2
postal, telegraphic, telephonic or other like service within the
3
meaning of paragraph 51(v) of the Constitution;
4
(f) activities, supports or services provided by way of sickness
5
benefits or medical services;
6
(g) the granting of financial assistance to a constitutional
7
corporation for the purposes of carrying out the corporation's
8
activities;
9
(h)
implementing any of Australia's international obligations
10
under a Convention or Covenant mentioned in
11
paragraph 3(i);
12
(i) the exercise of the executive power of the Commonwealth;
13
(j) matters incidental to the execution of any of the legislative
14
powers of the Parliament or the executive power of the
15
Commonwealth.
16
17 Relationship with other laws
17
Financial Framework (Supplementary Powers) Act 1997
18
(1) To avoid doubt, the power of the Commonwealth to make, vary or
19
administer an arrangement or grant under this Part must be
20
disregarded for the purpose of paragraph 32B(1)(a) of the
21
Financial Framework (Supplementary Powers) Act 1997
.
22
Note:
The effect of this section is to make clear that this Part does not
23
effectively
limit the operation of section 32B of the
Financial
24
Framework (Supplementary Powers) Act 1997
. The Commonwealth
25
has the power to make, vary or administer an arrangement or grant
26
under that section whether the Commonwealth also has the power to
27
do so under this Part.
28
Social Security Act 1991
29
(2) This Part does not limit Chapter 2D of the
Social Security Act 1991
30
(about arrangements and grants relating to assisting persons to
31
obtain and maintain paid work).
32
Funding arrangements and grants
Part 2
Section 18
No. , 2023
Disability Services and Inclusion Bill 2023
23
18 Executive power of the Commonwealth
1
This Part does not, by implication, limit the executive power of the
2
Commonwealth.
3
Part 3
Code of conduct, certificates of compliance and accreditations
Division 1
Introduction
Section 19
24
Disability Services and Inclusion Bill 2023
No. , 2023
Part
3--Code of conduct, certificates of compliance
1
and accreditations
2
Division
1--Introduction
3
19 Simplified outline of this Part
4
The rules can make provision for a code of conduct that applies to
5
persons to whom money may be payable under an arrangement or
6
who receive a grant of financial assistance. A breach of the code of
7
conduct is a breach of a statutory funding condition.
8
An accredited certification body can grant a certificate of
9
compliance to a person for a regulated activity if the person
10
complies with the compliance standards for the activity. The rules
11
can make provision for compliance standards.
12
The Secretary can grant a certificate of compliance to a person for
13
a regulated activity if the person complies with the alternative
14
compliance requirements for the activity. The rules can make
15
provision for alternative compliance requirements.
16
Accredited certification bodies and the Secretary can also revoke
17
or vary a certificate of compliance granted to a person.
18
The Secretary has the power to approve a person to be an
19
accrediting authority. An accrediting authority has the function of
20
accrediting persons to be accredited certification bodies.
21
Code of conduct, certificates of compliance and accreditations
Part 3
Code of conduct
Division 2
Section 20
No. , 2023
Disability Services and Inclusion Bill 2023
25
Division
2--Code of conduct
1
20 Code of conduct
2
(1) The rules may make provision for or in relation to a code of
3
conduct that applies to persons:
4
(a) to whom money may be payable under an arrangement made
5
under section 13; or
6
(b) who receive a grant of financial assistance made under
7
section 13.
8
Note:
Subsection 14(3) provides that the terms and conditions set out in a
9
funding agreement with a person may contain obligations to provide
10
information or reports to the Secretary
in relation to alleged breaches,
11
or actual breaches, of the code of conduct and to action taken in
12
response to those alleged or actual breaches.
13
(2) Without limiting subsection (1), rules made for the purposes of that
14
subsection may make provision for circumstances in which a
15
person breaches the code of conduct because of an act, or an
16
omission to perform an act, by:
17
(a) a member of the key personnel of the person; or
18
(b) another person who is employed, or otherwise engaged, by
19
the person.
20
(3) Rules made for the purposes of subsection (1) and in force are the
21
code of conduct
.
22
Part 3
Code of conduct, certificates of compliance and accreditations
Division 3
Certificates of compliance
Section 21
26
Disability Services and Inclusion Bill 2023
No. , 2023
Division
3--Certificates of compliance
1
21 Accredited certification body may grant certificate of compliance
2
for meeting compliance standards
3
Certificate of compliance
4
(1) An accredited certification body must, in writing, grant a person a
5
certificate of compliance for one or more regulated activities if:
6
(a) the person has made a request, in writing, to the body for a
7
certificate of compliance for those activities; and
8
(b) the body is satisfied the person complies with the compliance
9
standards for those activities.
10
Note:
For compliance standards, see section 23.
11
(2) The body must, as soon as practicable after granting the certificate
12
to the person, give a copy of the certificate to the person.
13
(3) The certificate must:
14
(a) state that the person complies with the compliance standards
15
for the regulated activities covered by the certificate; and
16
(b) specify the day on which the certificate ceases to be in force.
17
(4) If the accredited certification body refuses to grant a certificate of
18
compliance for a regulated activity, as requested by a person under
19
this section, the body must, as soon as practicable after refusing the
20
request, give written notice of the refusal to the person.
21
Revocation of certificate
22
(5) An accredited certification body must, in writing, revoke a
23
certificate of compliance granted to a person under this section if
24
the body is satisfied the person ceases to comply with the
25
compliance standards for the regulated activities covered by the
26
certificate.
27
(6) The body must, as soon as practicable after revoking the certificate,
28
give written notice of the revocation to the person.
29
Code of conduct, certificates of compliance and accreditations
Part 3
Certificates of compliance
Division 3
Section 21
No. , 2023
Disability Services and Inclusion Bill 2023
27
(7) The notice must specify the day the revocation takes effect, which
1
must be no earlier than the day after the notice is given to the
2
person.
3
Variation of certificate
4
(8) An accredited certification body must, in writing, vary a certificate
5
of compliance granted to a person under this section:
6
(a) to exclude a regulated activity, if the body is satisfied the
7
person ceases to comply with the compliance standards for
8
that activity; or
9
(b) to include one or more additional regulated activities, if:
10
(i) the person has made a request, in writing, to the body to
11
vary the certificate to include those activities; and
12
(ii) the body is satisfied the person complies with the
13
compliance standards for those activities.
14
(9) The body must, as soon as practicable after varying the certificate
15
granted to the person, give written notice of the variation to the
16
person.
17
(10) The notice must specify the day the variation takes effect, which
18
must be no earlier than the day after the notice is given to the
19
person.
20
(11) If the body refuses to vary a certificate of compliance, as requested
21
by a person, the body must, as soon as practicable after refusing the
22
variation, give written notice of the refusal to the person.
23
Period certificate is in force
24
(12) A certificate of compliance granted under this section:
25
(a) comes into force on the day the copy of the certificate is
26
given under subsection (2); and
27
(b) remains in force until the earliest of the following occurs:
28
(i) the day specified under paragraph (3)(b);
29
(ii) the day a revocation of the certificate takes effect;
30
(iii) if the accredited certification body that granted the
31
certificate ceases to be accredited
--
the end of the period
32
of 3 months after the cessation.
33
Part 3
Code of conduct, certificates of compliance and accreditations
Division 3
Certificates of compliance
Section 22
28
Disability Services and Inclusion Bill 2023
No. , 2023
Notification to Secretary
1
(13) If an accredited certification body grants, refuses to grant, revokes,
2
varies or refuses to vary a certificate of compliance under this
3
section, the body must notify the Secretary, in writing, as soon as
4
practicable of:
5
(a) that fact; and
6
(b) for a decision to refuse to grant or vary, or to revoke or vary,
7
a certificate
--
the reasons for the decision.
8
Certificate not a legislative instrument
9
(14) A certificate of compliance under subsection (1) is not a legislative
10
instrument.
11
22 Secretary may grant certificate of compliance for meeting
12
alternative compliance requirements
13
Certificate of compliance
14
(1) The Secretary may, in writing, grant a person a certificate of
15
compliance for one or more regulated activities if:
16
(a) the person has made a request, in writing, to the Secretary for
17
a certificate of compliance for those activities; and
18
(b) the Secretary is satisfied the person complies with the
19
alternative compliance requirements for those activities.
20
Note:
For alternative compliance requirements, see section 24.
21
(2) The Secretary must, as soon as practicable after granting a
22
certificate to the person, give a copy of the certificate to the person.
23
(3) The certificate must:
24
(a) state that the person complies with the alternative compliance
25
requirements for the regulated activities covered by the
26
certificate; and
27
(b) specify the day on which the certificate ceases to be in force.
28
(4) If the Secretary refuses to grant a certificate of compliance for a
29
regulated activity, as requested by a person under this section, the
30
Code of conduct, certificates of compliance and accreditations
Part 3
Certificates of compliance
Division 3
Section 22
No. , 2023
Disability Services and Inclusion Bill 2023
29
Secretary must, as soon as practicable after refusing the request,
1
give written notice of the refusal to the person.
2
Revocation of certificate
3
(5) The Secretary must, in writing, revoke a certificate of compliance
4
granted to a person under this section if the Secretary is satisfied
5
the person ceases to comply with the alternative compliance
6
requirements for the regulated activities covered by the certificate.
7
(6) The Secretary must, as soon as practicable after revoking the
8
certificate, give written notice of the revocation to the person.
9
(7) The notice must specify the day the revocation takes effect, which
10
must be no earlier than the day after the notice is given to the
11
person.
12
Variation of certificate
13
(8) The Secretary must, in writing, vary a certificate of compliance
14
granted to a person under this section:
15
(a) to exclude a regulated activity, if the Secretary is satisfied the
16
person ceases to comply with the alternative compliance
17
requirements for that activity; or
18
(b) to include one or more additional regulated activities, if:
19
(i) the person has made a request, in writing, to the
20
Secretary to vary the certificate to include those
21
activities; and
22
(ii) the Secretary is satisfied the person complies with the
23
alternative compliance requirements for those activities.
24
(9) The Secretary must, as soon as practicable after varying the
25
certificate granted to the person, give written notice of the variation
26
to the person.
27
(10) The notice must specify the day the variation takes effect, which
28
must be no earlier than the day after the notice is given to the
29
person.
30
(11) If the Secretary refuses to vary a certificate of compliance, as
31
requested by a person, the Secretary must, as soon as practicable
32
Part 3
Code of conduct, certificates of compliance and accreditations
Division 3
Certificates of compliance
Section 23
30
Disability Services and Inclusion Bill 2023
No. , 2023
after refusing the variation, give written notice of the refusal to the
1
person.
2
Period certificate is in force
3
(12) A certificate of compliance granted under this section:
4
(a) comes into force on the day the copy of the certificate is
5
given under subsection (2); and
6
(b) remains in force until the earliest of the following occurs:
7
(i) the day specified under paragraph (3)(b);
8
(ii) the day a revocation of the certificate takes effect.
9
Certificate not a legislative instrument
10
(13) A certificate of compliance under subsection (1) is not a legislative
11
instrument.
12
23 Compliance standards
13
(1) The rules may make provision for or in relation to standards for
14
persons undertaking regulated activities.
15
(2) Without limiting subsection (1), the rules may make provision for
16
or in relation to different standards for different kinds of persons or
17
regulated activities.
18
(3) Rules made for the purposes of subsection (1) and in force are the
19
compliance standards
.
20
24 Alternative compliance requirements
21
(1) The rules may make provision for or in relation to requirements for
22
persons undertaking regulated activities.
23
(2) Without limiting subsection (1), the rules may make provision for
24
or in relation to:
25
(a) different requirements for different kinds of persons or
26
regulated activities; and
27
(b) giving notice to the Secretary of any non-compliance with
28
the requirements for undertaking regulated activities.
29
Code of conduct, certificates of compliance and accreditations
Part 3
Certificates of compliance
Division 3
Section 24
No. , 2023
Disability Services and Inclusion Bill 2023
31
(3) Rules made for the purposes of subsection (1) and in force are the
1
alternative compliance requirements
.
2
Part 3
Code of conduct, certificates of compliance and accreditations
Division 4
Accrediting authorities
Section 25
32
Disability Services and Inclusion Bill 2023
No. , 2023
Division
4--Accrediting authorities
1
25 Secretary may approve persons to be accrediting authorities
2
Approval
3
(1) The Secretary may, in writing, grant an approval to a person to
4
perform the functions of granting and withdrawing accreditation
5
under section 26 if the Secretary is satisfied that:
6
(a) the person is internationally recognised as a suitable person
7
to perform those functions; and
8
(b) the person will perform those functions in an independent
9
and impartial way; and
10
(c) the person will perform those functions effectively.
11
(2) The Secretary must
,
as soon as practicable after granting the
12
approval to the person, give written notice of the approval to the
13
person.
14
Revocation of approval
15
(3) The Secretary must, in writing, revoke an approval granted to a
16
person under this section if the Secretary ceases to be satisfied of
17
the matter mentioned in paragraph (1)(a), (b) or (c) in relation to
18
the person.
19
(4) The Secretary must, as soon as practicable after revoking an
20
approval granted to a person under this section, give written notice
21
of the revocation to:
22
(a) the person; and
23
(b) each accredited certification body granted an accreditation by
24
the person under section 26 that is in force; and
25
(c) each person granted a certificate of compliance by the body.
26
(5) The notice must specify the day the revocation takes effect, which
27
must not be earlier than the day after the notice is given to the
28
person.
29
Code of conduct, certificates of compliance and accreditations
Part 3
Accrediting authorities
Division 4
Section 25
No. , 2023
Disability Services and Inclusion Bill 2023
33
Period approval is in force
1
(6) An approval granted under this section:
2
(a) comes into force on the day the notice is given under
3
subsection (2); and
4
(b) unless revoked earlier, remains in force indefinitely.
5
Approval not a legislative instrument
6
(7) An approval under subsection (1) is not a legislative instrument.
7
Part 3
Code of conduct, certificates of compliance and accreditations
Division 5
Accredited certification bodies
Section 26
34
Disability Services and Inclusion Bill 2023
No. , 2023
Division
5--Accredited certification bodies
1
26 Accrediting authorities may accredit persons to be accredited
2
certification bodies
3
Accreditation
4
(1) An accrediting authority must, in writing, grant an accreditation to
5
a person to perform the functions of granting, revoking and varying
6
certificates of compliance under section 21 if the authority is
7
satisfied:
8
(a) the person will perform those functions competently and
9
impartially; and
10
(b) the person has made a request to the authority for
11
accreditation under this section.
12
(2) The authority must, as soon as practicable after granting the
13
accreditation to the person, give written notice of the accreditation
14
to the person.
15
(3) If the authority refuses to grant an accreditation, as requested by a
16
person under this section, the authority must, as soon as practicable
17
after refusing the request, give written notice of the refusal to the
18
person.
19
Withdrawal of accreditation
20
(4) An accrediting authority must, in writing, withdraw an
21
accreditation granted to a person under this section if the authority
22
ceases to be satisfied of the matter mentioned in paragraph (1)(a) in
23
relation to the person.
24
(5) The accrediting authority must, as soon as practicable after
25
withdrawing the accreditation, give written notice to the person of
26
the withdrawal.
27
(6) The notice must specify the day the withdrawal takes effect, which
28
must not be earlier than the day after the notice is given.
29
Code of conduct, certificates of compliance and accreditations
Part 3
Accredited certification bodies
Division 5
Section 26
No. , 2023
Disability Services and Inclusion Bill 2023
35
Notification
1
(7) If an accrediting authority grants, refuses to grant or withdraws an
2
accreditation under this section, the authority must notify the
3
Secretary, in writing, as soon as practicable of:
4
(a) that fact; and
5
(b) for a decision to refuse to grant, or to withdraw, an
6
accreditation
--
the reasons for the decision.
7
(8) As soon as practicable after the Secretary is notified under
8
subsection (7) of the withdrawal of the accreditation of an
9
accredited certification body, the Secretary must give written
10
notice of the withdrawal to each person granted a certificate of
11
compliance by the body.
12
Period accreditation is in force
13
(9) An accreditation granted under this section:
14
(a) comes into force on the day the notice is given under
15
subsection (2); and
16
(b) remains in force until the earlier of the following occurs:
17
(i) the day the withdrawal of the accreditation takes effect;
18
(ii) if the authority that granted the accreditation ceases to
19
be an accrediting authority
--
the end of the period of
20
3 months after the cessation.
21
Accreditation not a legislative instrument
22
(10) An accreditation under subsection (1) is not a legislative
23
instrument.
24
Part 4
Information management
Section 27
36
Disability Services and Inclusion Bill 2023
No. , 2023
Part
4--Information management
1
2
27 Simplified outline of this Part
3
Entrusted persons may commit an offence if they use or disclose
4
protected information other than in accordance with this Part.
5
Entrusted persons can use or disclose information (referred to as
6
relevant information) obtained or generated in the administration of
7
this Act in accordance with this Part.
8
28 Unauthorised use or disclosure of protected information
9
(1) A person commits an offence if:
10
(a) the person is, or has been, an entrusted person; and
11
(b) the person has obtained or generated relevant information in
12
the person's capacity as an entrusted person; and
13
(c) the information is protected information; and
14
(d) the person uses or discloses the information.
15
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
16
(2) Subsection (1) does not apply if the use or disclosure is required or
17
authorised by:
18
(a) this Act or another law of the Commonwealth; or
19
(b) a law of a State or Territory prescribed by the rules for the
20
purposes of this paragraph.
21
Note:
A defendant bears an evidential burden in relation to a matter in this
22
subsection (see subsection 13.3(3) of the
Criminal Code
).
23
29 Authorised uses and disclosures of relevant information
24
Use or disclosure in the administration of this Act
25
(1) An entrusted person may use or disclose relevant information for
26
the purposes of:
27
Information management
Part 4
Section 29
No. , 2023
Disability Services and Inclusion Bill 2023
37
(a) performing functions or duties, or exercising powers, under
1
this Act; or
2
(b) assisting another person to perform functions or duties, or
3
exercise powers, under this Act.
4
Use or disclosure for purpose determined by Secretary
5
(2) An entrusted person may use or disclose relevant information if the
6
use or disclosure is for a purpose specified in a determination made
7
under subsection (3).
8
(3) The Secretary may, by legislative instrument, make a
9
determination for the purposes of subsection (2).
10
(4) An instrument made under subsection (3) must specify the
11
legislative power or powers of the Parliament in respect of which
12
the instrument is made.
13
Commonwealth purposes
14
(5) An entrusted person may disclose relevant information:
15
(a) to the Secretary of a Department of State of the
16
Commonwealth, or to the head of an authority of the
17
Commonwealth, for the purposes of that Department or
18
authority; or
19
(b) to the Chief Executive Centrelink for the purposes of a
20
centrelink program; or
21
(c) to the Chief Executive Medicare for the purposes of a
22
medicare program.
23
State or Territory purposes
24
(6) An entrusted person may disclose relevant information to the head
25
(however described) of a Department of State of a State or
26
Territory, or of an authority of a State or Territory, if the disclosure
27
is for a purpose specified in a determination made under
28
subsection (7).
29
(7) The Secretary may, by legislative instrument, make a
30
determination for the purposes of subsection (6).
31
Part 4
Information management
Section 29
38
Disability Services and Inclusion Bill 2023
No. , 2023
(8) An instrument made under subsection (7) must specify the
1
legislative power or powers of the Parliament in respect of which
2
the instrument is made.
3
Disclosure to a court, tribunal etc.
4
(9) An entrusted person may disclose relevant information to a court
5
exercising federal jurisdiction.
6
(10) An entrusted person may disclose relevant information to:
7
(a) a court; or
8
(b) a tribunal, authority or person that has the power to require
9
the answering of questions or the production of documents;
10
for the purposes of the enforcement of a law of the Commonwealth
11
or to assist the court, tribunal, authority or person to make or
12
review an administrative decision that is required or authorised to
13
be made or reviewed under a law of the Commonwealth.
14
Use or disclosure for purposes of preventing threat to life, health
15
or safety of a person with disability
16
(11) An entrusted person may use or disclose relevant information if the
17
entrusted person reasonably believes that doing so is necessary to
18
lessen or prevent a threat to the life, health or safety of a person
19
with disability.
20
Use or disclosure of statistics
21
(12) An entrusted person may use or disclose relevant information if the
22
information is statistics (within the meaning of paragraph 51(xi) of
23
the Constitution) that are not likely to enable the identification of a
24
person.
25
Use or disclosure with consent
26
(13) An entrusted person may use or disclose relevant information that
27
relates to a person if:
28
(a) the person, or an agent of the person, has consented to the use
29
or disclosure; and
30
(b) the use or disclosure is in accordance with that consent.
31
Information management
Part 4
Section 29
No. , 2023
Disability Services and Inclusion Bill 2023
39
Disclosure to person to whom information relates
1
(14) An entrusted person may disclose relevant information to the
2
person to whom the information relates.
3
Use or disclosure of information that is already public
4
(15) An entrusted person may use or disclose relevant information if the
5
information has already been lawfully made available to the public.
6
Part 5
Miscellaneous
Section 30
40
Disability Services and Inclusion Bill 2023
No. , 2023
Part
5--Miscellaneous
1
2
30 Simplified outline of this Part
3
This Part deals with the delegation of functions or powers by the
4
Minister and the Secretary, the application of this Act to
5
partnerships, unincorporated associations and trusts and the power
6
to make rules.
7
31 Delegation by the Minister
8
(1) The Minister may, by writing, delegate any or all of
the Minister's
9
powers under subsection 13(1) and section 14 to:
10
(a) the Secretary; or
11
(b) an SES employee, or acting SES employee, in the
12
Department; or
13
(c) an SES employee, or acting SES employee, in a Department
14
of State of the Commonwealth other than the Department.
15
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
16
provisions relating to delegations.
17
(2) However, the Minister must not delegate to a person mentioned in
18
paragraph (1)(c) the following:
19
(a)
the Minister's power under
subsection 13(1) to make an
20
arrangement or grant;
21
(b)
the Minister's power under
subsection 14(7) to enter into a
22
funding agreement.
23
(3) In exercising any powers under a delegation under this section, the
24
delegate must comply with any directions of the Minister.
25
32 Delegation by the Secretary
26
(1) The Secretary may, by writing, delegate to an SES employee, or
27
acting SES employee, in the Department any or all of the
28
Secretary's
functions or powers under the following provisions:
29
Miscellaneous
Part 5
Section 33
No. , 2023
Disability Services and Inclusion Bill 2023
41
(a) subsections 9(2) and (4) (specifying a day to obtain a
1
certificate of compliance);
2
(b) section 22 (certificates of compliance);
3
(c) section 25 (approval of accrediting authority).
4
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
5
provisions relating to delegations.
6
(2) In performing any functions, or exercising any powers, under a
7
delegation under this section, the delegate must comply with any
8
directions of the Secretary.
9
33 Treatment of partnerships
10
(1) This Act applies to a partnership as if it were a person, but with the
11
changes set out in this section.
12
(2) An obligation that would otherwise be imposed on the partnership
13
by this Act is imposed on each partner instead, but may be
14
discharged by any of the partners.
15
(3) If this Act would otherwise permit something to be done by the
16
partnership, the thing may be done by one or more of the partners
17
on behalf of the partnership.
18
(4) For the purposes of this Act, a change in the composition of a
19
partnership does not affect the continuity of the partnership.
20
34 Treatment of unincorporated associations
21
(1) This Act applies to an unincorporated association as if it were a
22
person, but with the changes set out in this section.
23
(2) An obligation that would otherwise be imposed on the association
24
by this Act is imposed on each member of the association's
25
committee of management instead, but may be discharged by any
26
of the members.
27
(3) If this Act would otherwise permit something to be done by the
28
unincorporated association, the thing may be done by one or more
29
of the members
of the association's committee of management on
30
behalf of the association.
31
Part 5
Miscellaneous
Section 35
42
Disability Services and Inclusion Bill 2023
No. , 2023
35 Treatment of trusts
1
(1) This Act applies to a trust as if it were a person, but with the
2
changes set out in this section.
3
Trusts with a single trustee
4
(2) If the trust has a single trustee:
5
(a) an obligation that would otherwise be imposed on the trust by
6
this Act is imposed on the trustee instead; and
7
(b) if this Act would otherwise permit something to be done by
8
the trust, the thing may be done by the trustee.
9
Trusts with multiple trustees
10
(3) If the trust has 2 or more trustees:
11
(a) an obligation that would otherwise be imposed on the trust by
12
this Act is imposed on each trustee instead, but may be
13
discharged by any of the trustees; and
14
(b) if this Act would otherwise permit something to be done by
15
the trust, the thing may be done by any of the trustees.
16
36 Rules
17
(1) The Minister
may, by legislative instrument, make rules
18
prescribing matters:
19
(a) required or permitted by this Act to be prescribed by the
20
rules; or
21
(b) necessary or convenient to be prescribed for carrying out or
22
giving effect to this Act.
23
(2) To avoid doubt, the rules may not do the following:
24
(a) create an offence or civil penalty;
25
(b) provide powers of:
26
(i) arrest or detention; or
27
(ii) entry, search or seizure;
28
(c) impose a tax;
29
(d) set an amount to be appropriated from the Consolidated
30
Revenue Fund under an appropriation in this Act;
31
Miscellaneous
Part 5
Section 36
No. , 2023
Disability Services and Inclusion Bill 2023
43
(e) directly amend the text of this Act.
1
Incorporation by reference
2
(3) Despite subsection 14(2) of the
Legislation Act 2003
, the rules may
3
make provision in relation to a matter by applying, adopting or
4
incorporating, with or without modification, any matter contained
5
in an instrument or other writing as in force or existing from time
6
to time.
7
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