Tasmanian Consolidated Acts

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DISABILITY SERVICES ACT 2011 - SECT 23

Requirements must be imposed on entity if non-compliance continues
(1)  The Secretary must give notice in writing to a funded entity if –
(a) the entity –
(i) has refused to discuss with the Secretary under section 22(1)(a) how the Secretary may assist the entity to comply with a term or condition of a grant to the entity; or
(ii) has refused, without reasonable cause, to accept an offer by the Secretary to provide assistance to the entity under section 22(1)(b) ; and
(b) the Secretary is of the opinion that the entity is continuing to fail to comply with the term or condition.
(2)  A notice to a funded entity under subsection (1) is to –
(a) specify the term or condition that, in the Secretary's opinion, the entity is failing to comply with; and
(b) specify the requirements, for the entity to take action or to cease to take action, that the Secretary proposes to require the entity to comply with; and
(c) invite the entity to make written submissions to the Secretary within 28 days after receiving the notice.
(3)  A funded entity to which a notice is given under subsection (1) may, within 28 days after receiving the notice, make a submission in writing to the Secretary.
(4)  A submission made by a funded entity under subsection (3) may contain –
(a) a statement –
(i) as to the reasons why the entity believes that the opinion of the Secretary may be in error; or
(ii) disputing a ground on which the Secretary's opinion is based; and
(b) a statement as to why the requirements that the Secretary proposes to require the entity to comply with cannot or should not be complied with; and
(c) any other information that the entity thinks fit.
(5)  The Secretary, after considering a submission, if any, made by a funded entity under subsection (3) in relation to a notice received by the entity under subsection (1) , may, by notice in writing to the entity, require the entity to take the relevant action.
(6)  For the purposes of subsection (5) , the relevant action is the requirements specified in the notice under subsection (1) , as those requirements have been modified, if at all, in response to the submission.



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