DISABILITY ACT 2006 - SECT 49 Request for disability services

DISABILITY ACT 2006 - SECT 49

S. 49(1) amended by No. 9/2023 s. 26(1).

    (1)     A person with a disability or a person on behalf of a person with a disability may request the Secretary to provide access to disability services from the Secretary, funded service providers or contracted service providers.

S. 49(2) amended by No. 9/2023 s. 26(2).

    (2)     If the Secretary receives a request under subsection (1), the Secretary may—

        (a)     agree to the request; or

        (b)     refuse the request.

S. 49(3) substituted by No. 9/2023 s. 26(3).

    (3)     For the purpose of making a decision under subsection (2), the Secretary may—

        (a)     require the person who made the request under subsection (1) or the person in respect of whom the request was made to provide more information; or

        (b)     in accordance with section 50, require the person in respect of whom the request under subsection (1) was made to undergo a formal assessment.

S. 49(4) substituted by No. 9/2023 s. 26(3).

    (4)     The Secretary, within 14 days of making a decision under subsection (2), must notify the person who made the request under subsection (1) and the person in respect of whom the request was made (if the request was made on that person's behalf) in writing—

        (a)     of the Secretary's decision; and

        (b)     if the request is refused, of the reasons for the refusal; and

        (c)     of any decision made under section 50 as to whether the person in respect of whom the request was made has a disability; and

        (d)     that the person who made the request or the person in respect of whom the request was made can apply to VCAT for a review of the decision referred to in paragraph (c).

S. 49(5) amended by No. 9/2023 s. 26(4).

    (5)     If the Secretary agrees to a request under subsection (1) without requiring an assessment of the person, the provision of disability services to the person is not of itself to be taken to be evidence that the person to whom the disability services are provided is a person with a disability.

S. 50 substituted by No. 9/2023 s. 27.