New South Wales Consolidated Acts

DISABILITY SERVICES ACT 1993 - SECT 7

7 Transition plans for existing designated services

(1) The Minister may determine that a transition plan be prepared under this section in relation to a designated service:

(a) that, immediately before the commencement of section 6, was being provided or funded by the Minister to persons in the target group, either directly to those persons or indirectly through other persons or bodies, and

(b) that, in the Minister’s opinion, does not conform in its provision or funding with the objects of this Act and the principles and applications of principles set out in Schedule 1.

(2) The Minister may determine that a transition plan be prepared under this section in relation to a transferred service:

(a) that, immediately before its transfer, was being provided or funded by the Commonwealth to persons in the target group, either directly to those persons or indirectly through other persons or bodies, and

(b) that, in the Minister’s opinion, does not conform in its provision or funding with the objects of this Act and the principles and applications of principles set out in Schedule 1.

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.

(3) A transition plan may be prepared by the Minister or, at the direction of the Minister, by a person or body through which a designated service is provided or funded.

(4) A transition plan:

(a) must provide for the service concerned to be 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, and

(b) must indicate the date (being the earliest date practicable) by which the service concerned will be provided or funded in full conformity with those objects, principles and applications of principles.

(5) The Minister may, by order published in the Gazette, adopt a transition plan prepared under this section.

(6) The transition plan takes effect on the date on which the order is so published or on such later date as may be specified in the order.

(7) A transition plan may be amended by a subsequent plan prepared and adopted in accordance with this section.

(8) Before adopting a transition plan or an amendment to a transition plan, the Minister must be satisfied that:

(a) the persons to whom the relevant service is being provided, and

(b) the families and carers of, and the advocates for, those persons,

have, as far as practicable, been consulted as to the proposals contained in the plan or amendment.

(9) A transition plan, and any amendment to a transition plan, is to be made available to the public.

(10) The provision or funding of a designated service is taken to comply with the requirements of section 6 if it complies with the requirements of a transition plan.