Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 19

             (1)  The Secretary shall not exercise a power conferred by subsection 20(1) or 22(3) or section 24 unless the Secretary is satisfied that the exercise of the power would:

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

                     (b)  comply with the guidelines (if any) formulated under section 5 that are applicable to the exercise of the power.

             (2)  The Secretary must not take measures, or enter into arrangements, under subsection 20(1) for the provision of a rehabilitation program for persons in the target group unless:

                     (a)  the person providing the program holds a current certificate of compliance in respect of the provision of rehabilitation programs; or

                     (b)  the Secretary is satisfied that there are exceptional circumstances relating to one or more persons in the target group that justify the taking of measures, or the entry into the arrangements, despite the person providing the program not holding such a certificate.

             (3)  Despite subsection (2), the Secretary may enter into an arrangement with a provider of rehabilitation programs who does not hold a current certificate of compliance in respect of the provision of rehabilitation programs if:

                     (a)  the arrangement is for the provision of rehabilitation programs for a period of less than 12 months; or

                     (b)  the Secretary is satisfied that the provider is likely to hold such a certificate at the end of the period of 12 months after the day on which the arrangement commences.