Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 12AD

             (1)  Subject to subsection (2), 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 organisation of an employment service for persons included in the target group.

             (2)  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 service for which the grant is sought;

                             (ii)  the Minister has determined a day by which the State or organisation must obtain a certificate of compliance in respect of the service and the State or organisation has given a written notice to the Minister, in accordance with the procedure set out in the relevant guidelines formulated under section 5, stating its intention to seek to obtain such a certificate on or before that day.

             (3)  Subparagraph (2)(b)(ii) does not apply in respect of the giving of an approval at a particular time (the relevant time ) to the making of a grant to a State or eligible organisation in respect of a service if a grant in respect of the service:

                     (a)  had been approved before 1 July 2002 under this Part as previously in force; or

                     (b)  had been approved on or after that date and before the relevant time under section 12AB or under this section;

whether or not the grant is still being received at the relevant time.

             (4)  The Minister may make determinations for the purposes of subparagraph (2)(b)(ii) and may vary such a determination so as to fix a later day than the day specified in the determination. However, the day specified in a determination, or in a determination as varied, cannot be later than 12 months after the day on which the grant to which the determination relates is approved.

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

                     (a)  if subparagraph (2)(b)(i) applies in respect of the approval given by the Minister for the making of the grant--holds a current certificate of compliance in respect of the service at all times during the period to which the grant relates; or

                     (b)  if subparagraph (2)(b)(ii) applies in respect of the approval given by the Minister for the making of the grant--holds a current certificate of compliance in respect of the service at all times on and after:

                              (i)  the day determined by the Minister for the purposes of that subparagraph in relation to the service; or

                             (ii)  the day on which the State or organisation receives, or first 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.