Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 10

             (1)  Subject to subsection (3), the Minister may approve the making of a grant of financial assistance to a State or eligible organisation in relation to the provision by the State or eligible organisation of an eligible service for persons included in the target group.

             (2)  Without limiting the generality of subsection (1), the Minister may, under that subsection, approve the making, in relation to the provision of an eligible service, of a grant with respect to 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.

             (3)  The Minister must not approve the making of a grant 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)  the Minister is satisfied:

                              (i)  if the State or eligible organisation has not previously received a grant of financial assistance under this Part in respect of the provision of the service--that the State or eligible organisation will meet the eligibility standards in respect of the provision of the service by the day determined by the Minister under paragraph (4)(ba); or

                             (ii)  that the State or eligible organisation is meeting the eligibility standards in respect of the provision of the service.

          (3A)  A grant of financial assistance is subject to the condition that the State or eligible organisation receiving the grant meets the eligibility standards in respect of the provision of the eligible service:

                     (a)  if the Minister has determined a day under paragraph (4)(ba) in respect of the service--on and from that day; or

                     (b)  in any other case--on and from the day on which the grant of financial assistance is made.

             (4)  Where the Minister approves the making of a grant of financial assistance to a State or eligible organisation under subsection (1) in relation to the provision by the State or eligible organisation of an eligible service for persons included in the target group, the Minister shall, subject to subsection (6) and the regulations:

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

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

                    (ba)  if the State or eligible organisation providing the eligible service has not previously received a grant of financial assistance under this Part in respect of the provision of the service--determine a day by which the State or eligible organisation must meet the eligibility standards in respect of the provision of the service; and

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

          (4A)  In determining a day under paragraph (4)(ba) in respect of the provision of a service, the Minister must not determine a day that is more than 12 months later than the day on which the Minister approves the making of a grant to the State or eligible organisation in respect of the provision of the service.

             (5)  Without limiting the generality of paragraph (4)(c), the terms and conditions that may be specified pursuant to that paragraph include terms and conditions with respect to:

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

                     (b)  the amounts to be applied by the State or eligible 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 eligible service, and the rights of those persons in relation to the provision of the eligible service or otherwise;

                     (d)  the furnishing 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; and

                     (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);

                             (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.

             (6)  Where a grant of financial assistance is to be paid in instalments, the instalments shall be paid within 5 years after the approval of the making of the grant.