New South Wales Consolidated Acts

DISABILITY SERVICES ACT 1993 - SECT 6

6 Minister to ensure that designated services are provided and funded in conformity with the Act

(1) It is the duty of the Minister in providing and funding designated services to persons in the target group, either directly to those persons or indirectly through other persons or bodies, to ensure that the services are provided and funded in conformity with the objects of this Act and the principles and applications of principles set out in Schedule 1.

(2) This section does not apply to a designated service that was being provided or funded by the Minister immediately before the commencement of this section until:

(a) 2 months after the commencement of this section, except as provided by paragraph (b), or

(b) 3 years after the commencement of this section if, within the 2-month period the Minister determines that a transition plan be prepared under section 7 in relation to the designated service.

(3) This section does not apply to a transferred service until:

(a) 2 months after the date on which responsibility for the service is transferred to the State in accordance with the Commonwealth agreement, except as provided by paragraph (b), or

(b) 3 years after the date on which responsibility for the service is so transferred if, within the 2-month period, the Minister determines that a transition plan be prepared under section 7 in relation to the service.

In this subsection:
"Commonwealth agreement" means the agreement entitled The Commonwealth/State Disability Agreement entered into on 30 July 1991 between the Commonwealth and the State.
"transferred service" means a designated service that was being provided or funded by the Commonwealth immediately before the commencement of this section, being a service for which responsibility is transferred to the State, in accordance with the Commonwealth agreement, after that commencement.

(4) However, during the relevant 3-year period, it is the duty of the Minister to ensure that the service concerned is provided or funded as closely as possible in conformity with the objects of this Act and the principles and applications of principles set out in Schedule 1.