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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Disability Services Amendment Bill 1999
A Bill for
An Act to amend the Disability Services Act 1993.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Disability Services Amendment
Act 1999.
page 1
55--1B
Disability Services Amendment Bill 1999
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Disability Services
Act 1993.*.
[* Act No. 36 of 1993.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 71.]
10 4. Long title amended
The long title is amended by inserting before "Advisory" --
" Ministerial ".
5. Section 3 amended
Section 3 is amended as follows:
15 (a) by deleting the definition of "Commissioner";
(b) in the definition of "Council" by inserting before
"Advisory" --
" Ministerial ";
(c) by inserting, in the appropriate alphabetical position, the
20 following definition --
"
"Director" means the person appointed under
section 7(1) of the Health Services (Conciliation
and Review) Act 1995;
25 ".
page 2
Disability Services Amendment Bill 1999
s. 6
6. Section 9 amended
Section 9(3) is repealed.
7. Section 12 amended
Section 12(2) is amended by deleting "The" and inserting
5 instead --
" Subject to section 12A and Part 4A, the ".
8. Section 12A inserted
After section 12 the following section is inserted --
"
10 12A. Contracts to provide goods or services to the
Commission
(1) Subject to the State Supply Commission Act 1991 and
subsection (2), the Commission may --
(a) engage a person under a contract for services to
15 provide such professional, technical, or other
assistance; or
(b) enter into a contract for the supply of such
goods or services,
to the Commission as it considers necessary to enable it
20 to perform its functions.
(2) Except with the approval of the Minister, the
Commission is not to enter into a contract under
subsection (1) if the amount to be paid under the
contract exceeds an amount specified in a written
25 direction given to the Commission by the Minister
under section 20(1).
".
page 3
Disability Services Amendment Bill 1999
s. 9
9. Sections 21A and 21B inserted
After section 21 the following sections are inserted --
"
21A. Notification of general policies of the Government
5 (1) The Minister may notify the Commission in writing of
general policies of the Government that are to be
implemented by the Commission.
(2) The Commission must ensure that the policies are
implemented.
10 (3) The Minister may, in writing, exempt the Commission
from subsection (2) in relation to specified activities.
21B. Minister to be consulted on major initiatives
The Commission must consult the Minister before it
enters upon a course of action that in its opinion --
15 (a) amounts to a major initiative; or
(b) is likely to be of significant public interest or of
significant interest to people with disabilities,
service developers, or service providers.
".
20 10. Part 3 heading replaced
The heading to Part 3 is deleted and the following heading is
inserted instead --
"
Part 3 -- Ministerial Advisory Council for
25 Disability Services
".
page 4
Disability Services Amendment Bill 1999
s. 11
11. Section 25 amended
Section 25(4) is repealed and the following subsections are
inserted instead --
"
5 (4) Without limiting the terms and conditions that may be
included in an agreement referred to in subsection (1),
unless the Board considers that it is inappropriate for
an agreement to do so, such an agreement is to require
the recipient of a grant under section 24(1)(b) or (c) to
10 report to the Commission --
(a) the death of any person with a disability;
(b) significant physical or psychological harm
suffered by a person with a disability;
(c) without limiting paragraph (b), an assault
15 (including a sexual assault) of a person with a
disability; or
(d) neglect of a person with a disability to an extent
that results, or is likely to result, in significant
physical or psychological harm to that person.
20 (5) In subsection (4), a reference to a person with a
disability is a reference to --
(a) a person with a disability to whom the recipient
of a grant is providing a disability service; or
(b) a person with a disability who is the subject of
25 the agreement.
(6) If under subsection (4) the Board decides that it is
inappropriate for an agreement to require a recipient of
a grant to report to the Commission, the Board is to
report to the Minister that it has made that decision.
30 ".
page 5
Disability Services Amendment Bill 1999
s. 12
12. Part 4A inserted
After Part 4 the following Part is inserted --
"
Part 4A -- Contracts to provide services for
5 people with disabilities
26A. Interpretation
In this Part, unless the contrary intention appears --
"commencement day" means the day on which the
Disability Services Amendment Act 1999 comes
10 into operation;
"supply policies" has the same definition as it has in
section 3(1) of the State Supply Commission
Act 1991.
26B. Method of contracting to provide services for people
15 with disabilities
(1) If the Commission wishes to contract with a service
provider to provide, on behalf of the Commission,
services to a person with a disability, or to an
individual who resides with such a person and --
20 (a) who is related (by blood or marriage) to or is
the guardian of the person with a disability; and
(b) who looks after or otherwise provides services
to the person with a disability,
the Commission is to apply to the Minister for approval
25 of the means of procuring the services.
page 6
Disability Services Amendment Bill 1999
s. 12
(2) If approval is sought under subsection (1), the Minister
may direct --
(a) that the services be procured by means of a
tender conducted in accordance with supply
5 policies relating to tenders;
(b) that the Commission by public notice invite
expressions of interest from service providers
for the provision of the services; or
(c) that the Commission enter into negotiations
10 with a service provider for the provision of the
services.
(3) The Commission may renew a contract, including a
contract by way of renewal under this subsection --
(a) for the type of service referred to in subsection (1)
15 entered into before the commencement day; or
(b) entered into under this section,
without complying with this section.
26C. Assignment of benefit of contract
(1) A person who after the commencement day has entered
20 into a contract with the Commission for the provision
of a service referred to in section 26B(1) may not
assign the benefit of that contract without the consent
of the Commission.
(2) When the benefit of a contract is assigned, the assignee
25 is bound, by force of this subsection, to perform the
obligations which the assignor was bound under the
contract to perform.
(3) Any purported assignment in contravention of this
section is void.
30 ".
page 7
Disability Services Amendment Bill 1999
s. 13
13. Section 28 amended
(1) Section 28(1) is amended by deleting "Each public authority
must prepare" and inserting instead --
" A public authority must have ".
5 (2) Section 28(2) is repealed and the following subsection is
inserted instead --
"
(2) A public authority that does not have a disability
service plan must create a plan without delay and, in
10 the case of a public authority established after the
commencement of the Disability Services Amendment
Act 1999, within 12 months of the day on which the
authority is established.
".
15 (3) Section 28(3) is repealed.
(4) Section 28(4) is repealed and the following subsection is
inserted instead --
"
(4) A public authority may amend its disability service
20 plan at any time.
".
14. Section 29 replaced
Section 29 is repealed and the following section is inserted
instead --
25 "
29. Report about disability service plan
(1) A public authority that has a disability service plan must,
if required to report under section 62 or 66 of the
Financial Administration and Audit Act 1985, include in
30 such report, a report about the implementation of the plan.
page 8
Disability Services Amendment Bill 1999
s. 15
(2) A local government or regional local government that has
a disability service plan must include in its annual report
prepared under section 5.53 of the Local Government
Act 1995 a report about the implementation of the plan.
5 (3) A public authority that --
(a) has prepared or amended a disability service
plan in a year ending 30 June; and
(b) is not required to report under subsection (1)
or (2),
10 must make a report about the implementation of the
plan to the Commission within 2 months after the end
of that year.
".
15. Section 30 amended
15 (1) Section 30 is amended in the definition of "disability service" as
follows:
(a) after paragraph (a) by deleting "or";
(b) after paragraph (a) by inserting the following paragraph --
"
20 (aa) such a service where it is provided wholly from
funds paid to the service provider by the
Commonwealth of Australia; or
".
(2) Section 30 is amended by inserting, in the appropriate
25 alphabetical position, the following definition --
"
"member of the staff" has the same definition as it
has in section 3(1) of the Health Services
(Conciliation and Review) Act 1995;
30 ".
page 9
Disability Services Amendment Bill 1999
s. 16
16. Section 33 amended
Section 33(1)(a) is deleted and the following paragraph is
inserted instead --
"
5 (a) a service provider who or which, at the time the
subject matter of the complaint arose, was
providing a disability service, whether or not
with funds granted under Part 4;
".
10 17. Section 34 amended
Section 34 is amended by deleting "12" and inserting instead --
" 24 ".
18. Section 40 amended
(1) Section 40(4) is repealed and the following subsection is
15 inserted instead --
"
(4) The purpose of an investigation is to enable the
Director to decide whether or not any unreasonable
conduct referred to in section 33(2) has occurred and in
20 so deciding, the Director is to have regard to --
(a) the principles in Schedule 1 and the objectives
in Schedule 2;
(b) any agreement entered into by the service
provider under section 25, or contract entered
25 into under section 26B or assigned to the
service provider under section 26C;
(c) any disability service plan prepared under
section 28;
page 10
Disability Services Amendment Bill 1999
s. 19
(d) the generally accepted standard of service
delivery expected of a service provider or the
Commission, as the case may be; and
(e) such other standards of service for disability
5 service users as are prescribed.
".
(2) Section 40(6) is repealed and the following subsection is
inserted instead --
"
10 (6) In conducting an investigation the Director may make
use of a member of the staff.
".
19. Section 43 amended
(1) Section 43(1) is amended by deleting "42 days" and inserting
15 instead --
" 45 days ".
(2) Section 43(2) is amended by deleting "42 day" and inserting
instead --
" 45 day ".
20 (3) Section 43(3) is amended by deleting "14 days" and inserting
instead --
" 15 days ".
20. Section 49 amended
Section 49 is amended by deleting "officers appointed under the
25 Equal Opportunity Act 1984 to assist the Commissioner under
that Act, the Commissioner's" and inserting instead --
" a member of the staff, the Director's ".
page 11
Disability Services Amendment Bill 1999
s. 21
21. Section 50 amended
Section 50 is amended by deleting "Section 167 of the Equal
Opportunity Act 1984" and inserting instead --
"
5 Section 71 of the Health Services (Conciliation and
Review) Act 1995
".
22. Various references to "Commissioner" changed to "Director"
The provisions mentioned in the Table to this section are
10 amended by deleting "Commissioner" and inserting instead --
" Director ".
Table
s. 31(1) s. 38(2) s. 44(1)
s. 31(2) s. 38(3) s. 44(2)
s. 32(1) s. 38(4) (3 places) s. 44(4)
s. 32(2) s. 39(1) s. 45(1) (2 places)
s. 34 s. 39(3)(b) (2 places) s. 45(2) (2 places)
s. 35(1) s. 39(4) s. 45(3) (2 places)
s. 35(2) (3 places) s. 40(1) s. 46
s. 35(3) s. 40(2) (2 places) s. 47(a)(ii)
s. 35(4) (2 places) s. 40(3) s. 48(1)
s. 35(5) (2 places) s. 40(5) s. 48(2)
s. 36 (2 places) s. 41(2) (3 places) s. 48(3)
s. 37(1) (2 places) s. 41(3) (2 places) s. 49 (the first place
s. 37(2) (3 places) s. 41(5) (2 places) where it occurs)
s. 37(3) (2 places) s. 42 (3 places) s. 50 (2 places)
s. 37(4) (2 places) s. 43(1) s. 57(2)
s. 37(5) (3 places) s. 43(2) (2 places) s. 57(3)
s. 38(1) s. 43(3) s. 57(4)(e)
page 12
Disability Services Amendment Bill 1999
s. 23
23. Various references to "Commissioner's" changed to
"Director's"
The provisions mentioned in the Table to this section are
amended by deleting "Commissioner's" and inserting instead --
5 " Director's ".
Table
s. 32(2)(b) s. 39(2)
s. 34 s. 44(2)
s. 38(1)
24. Section 52 amended
(1) Section 52(1) is amended after paragraph (b) by inserting the
following paragraphs --
10 "
(ba) in connection with the investigation of an
offence to --
(i) a member of the Police Force of
Western Australia or the Australian
15 Federal Police;
(ii) the Director of Public Prosecutions for
Western Australia or the
Commonwealth; or
(iii) an officer of another law enforcement
20 agency established under the law of a
State or Territory or the Commonwealth
authorized by regulation to receive
confidential information under this
paragraph;
page 13
Disability Services Amendment Bill 1999
s. 25
(bb) where it is in the public interest to protect the
physical safety of an individual;
(bc) for the purpose of enabling or facilitating the
investigation by --
5 (i) the Director-General; or
(ii) an officer of the Department,
of whether or not a child is a child in need of
care and protection;
(bd) for the purpose of proceedings under the Child
10 Welfare Act 1947 in relation to a child who may
be a child in need of care and protection;
".
(2) Section 52(2)(c) is amended by inserting after "section 10"--
" , 12A or Part 4A ".
15 (3) After section 52(2) the following subsection is inserted --
"
(3) In subsection (1)(bc) or (1)(bd), "child", "child in
need of care and protection", "Department", and
"Director-General" have the definition that those
20 words and expressions have, respectively, in
section 4(1) of the Child Welfare Act 1947.
".
25. Schedule 3 amended
(1) Clause 1(1)(b) of Schedule 3 is amended by inserting before "is
25 not" --
" except in the case of the chairperson, ".
page 14
Disability Services Amendment Bill 1999
s. 26
(2) Clause 1(1)(c)(i) of Schedule 3 is amended by inserting after
"continuously" --
"
or, in the case of a person who has held office for a period
5 greater than 6 years continuously, the end of that period of
holding office
".
(3) Clause 4 of Schedule 3 is amended by deleting "Public Service
Commissioner" and inserting instead --
10 " Minister for Public Sector Management ".
26. Schedule 5 amended
Clause 4 of Schedule 5 is amended by deleting "Public Service
Commissioner" and inserting instead --
" Minister for Public Sector Management ".
15 27. Transitional
(1) In this section --
"commencement day" means the day on which this Act comes
into operation;
"Commissioner" means the Commissioner for Equal
20 Opportunity appointed under the Equal Opportunity
Act 1984;
"Director" means the person appointed under section 7(1) of
the Health Services (Conciliation and Review) Act 1995.
(2) A complaint made under Part 6 of the Disability Services
25 Act 1993 and pending or in progress on the commencement day
may be continued and completed as if this Act had not come
into operation.
page 15
Disability Services Amendment Bill 1999
s. 28
(3) The register of complaints and the register of matters referred
for investigation established and maintained on the
commencement day under section 48 of the Disability Services
Act 1993 held by the Commissioner on the commencement day
5 is to be transferred to the Director.
(4) A record relating to a complaint made under Part 6 of the
Disability Services Act 1993 held by the Commissioner on the
commencement day is to be transferred to the Director.
28. Consequential amendments
10 (1) Schedule V Part 3 of the Constitution Acts Amendment
Act 1899* is amended by deleting "The Advisory Council for
Disability Services established under the Disability Services
Act 1992." and inserting after the item relating to the Mining
and Petroleum Advisory Committee the following item --
15 "
The Ministerial Advisory Council for Disability Services
established under the Disability Services Act 1993.
".
[* Reprinted as at 15 April 1999.
20 For subsequent amendments see Acts Nos. 53 of 1998 and 5,
8, 26 and 34 of 1999.]
(2) Section 10 of the Health Services (Conciliation and Review)
Act 1995* is amended after subsection (4) by inserting the
following subsection --
25 "
(5) The Director is to perform any function conferred on or
imposed on the Director under any other Act.
".
[* Act No. 75 of 1995.
30 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 114.]
page 16
Disability Services Amendment Bill 1999
s. 28
(3) Section 5.53(2) of the Local Government Act 1995* is amended
after paragraph (h) by deleting "and" and inserting instead --
"
(ha) a matter on which a report must be made
5 under section 29(2) of the Disability Services
Act 1993; and
".
[* Act No. 74 of 1995.
For subsequent amendments see 1998 Index to Legislation of
10 Western Australia, Table 1, p. 148 and Acts Nos. 16 and 26
of 1999.]
page 17
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