DISABILITY ACT 2006 - SECT 221 Regulations

DISABILITY ACT 2006 - SECT 221

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     prescribing forms to be used for the purposes of this Act;

        (b)     prescribing fees for the purposes of this Act;

        (c)     prescribing the maximum amount that may be charged as a residential charge in respect of different kinds of residential services;

        (d)     matters to be included in a residential statement;

        (e)     prescribing charges, if any, for the accommodation or care of, or for services, including food and utilities, provided to, a resident in a residential service other than a community residential unit;

        (f)     prescribing the keeping and form of any records, registers or other documents as may be necessary for the administration of this Act;

S. 221(1)(fa) inserted by No. 33/2017 s. 31.

        (fa)     prescribing persons or classes of person who provide services to persons with a disability for the purposes of the definition of  prescribed service provider ;

S. 221(1)(fb) inserted by No. 33/2017 s. 31.

        (fb)     prescribing disability service providers or classes of disability service provider and regulated service providers or classes of regulated service provider as exempt service providers for the purposes of the definition of exempt service provider ;

S. 221(1)(fc) inserted by No. 38/2018 s. 314.

        (fc)     prescribing the functions of a community visitor in respect of SDA enrolled dwellings;

S. 221(1)(fd) inserted by No. 9/2023 s. 106.

        (fd)     prescribing persons and bodies to which protected information may be disclosed under section 202AB(4) or 202AC(1), including persons or bodies established, or performing functions or exercising powers, under the law of another State, a Territory or the Commonwealth;

        (g)     any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.

    (2)     Regulations made under this Act—

        (a)     may be of general or of specially limited application;

        (b)     may differ according to differences in time, place or circumstance;

        (c)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council or public authority or any officer thereof;

        (d)     may confer powers or impose duties in connection with the regulations on any government department, municipal council or public authority;

        (e)     may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time;

        (f)     may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made;

        (g)     may impose a penalty not exceeding 10 penalty units for any contravention of the regulations.

    (3)     A power conferred by this Act to make regulations providing for the imposition of fees or charges may be exercised by providing for all or any of the following matters—

        (a)     specific fees or charges;

        (b)     maximum or minimum fees or charges;

        (c)     maximum and minimum fees or charges;

        (d)     scales of fees or charges according to the value of goods or services provided for the fees or charges;

        (e)     the payment of fees or charges either generally or under specified conditions or in specified circumstances;

        (f)     the reduction, waiver or refund, in whole or in part, of the fees or charges.

    (4)     If under subsection (3)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply either generally or specifically—

        (a)     in respect of certain matters or transactions or classes of matters or transactions; or

        (b)     in respect of certain documents or classes of documents; or

        (c)     when an event happens; or

        (d)     in respect of certain persons or classes of persons; or

        (e)     in respect of any combination of matters, transactions, documents, events or persons—

and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.

    (5)     A fee or charge that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.

Part 10—Miscellaneous

Division 1—Savings and transitional