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DISABILITY SERVICES ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Persons who are carers
            
   4.      Legal proceedings to enforce provision of a service
            
   5.      Crown bound

   PART 2 -- Disability Services Commission

           Division 1 -- Establishment and personnel  

   6.      Commission a body corporate
            
   7.      Board of Commission
            
   8.      Chief executive officer
            
   9.      Other personnel
            
   10.     Use of other government staff and facilities
            
   11.     Superannuation and leave entitlements

           Division 2 -- Functions  

   12.     Functions of Commission
            
   12A.    Contracts to provide goods or services to Commission
            
   13.     Power to fix fees and charges
            
   14.     Delegation

           Division 3 -- Financial provisions  

   15.     Funds of Commission
            
   16.     Borrowing from Treasurer
            
   17.     Borrowing generally
            
   18.     Treasurer’s guarantee
            
   19.     Application of Financial Management Act 2006 and Auditor General Act 2006

           Division 4 -- Relationship with the Minister  

   20.     Minister may give directions
            
   21.     Minister to have access to information
            
   21A.    Notification of general policies of Government
            
   21B.    Minister to be consulted on major initiatives

   PART 3 -- Ministerial Advisory Council on Disability  

   22.     Council established
            
   23.     Council’s functions

   PART 4 -- Financial assistance for matters relating to people with disability  

   24.     Grants of financial assistance
            
   25.     Grant to be subject of agreement
            
   26.     Minister may review Commission’s decisions

   PART 4A -- Contracts to provide some disability services  

   26A.    Terms used
            
   26B.    Method of contracting to provide services for people with disability
            
   26C.    Assignment of benefit of contract

   PART 4B -- Trial of disability services model  

   26D.    Purpose of this Part
            
   26E.    Terms used
            
   26F.    Effect of certain terms in the NDIS Act
            
   26G.    Trial of disability services model
            
   26H.    Trial participants
            
   26I.    Reasonable and necessary supports for participants

   PART 5 -- Disability access and inclusion plans by public authorities  

   27.     Application of PART
            
   28.     Disability access and inclusion plans
            
   29.     Report about disability access and inclusion plan
            
   29A.    Disability access and inclusion plans to be made available
            
   29B.    Public authorities to ensure implementation of disability access and inclusion plan
            
   29C.    Annual report by Commission about plans

   PART 6 -- Complaints about some disability services and resident services

           Division 1 -- Preliminary  

   30.     Terms used
            
   30AA.   This Part to be read with Health and Disability Services (Complaints) Act 1995
            
   30A.    Functions of Director
            
   31.     Parties themselves may resolve complaint

           Division 2 -- Complaints and conciliation  

   32.     Who may complain
            
   33.     Who and what can be complained about
            
   33A.    Health services complaints
            
   34.     Time for complaining
            
   35.     How to complain
            
   36.     Withdrawal of complaint
            
   37.     Preliminary decision by Director
            
   38.     Rejection, deferral or referral of complaints
            
   39A.    Response by respondent
            
   39B.    Resolving complaints by negotiation
            
   39.     Conciliation of complaints

           Division 3 -- Investigations  

   40.     Investigation of complaints and referred matters
            
   41.     Director’s powers on investigation
            
   42A.    Conciliator must not investigate

           Division 4 -- Consequences of investigation  

   42.     Director to decide, give reasons etc.
            
   43A.    Warrants
            
   43B.    Reports to Parliament
            
   43.     Respondent to report on remedial action
            
   44.     Report to Parliament where report not made or remedial action not taken

           Division 4A -- Director’s relationship with the Minister  

   44A.    Minister may give directions
            
   44B.    Minister to have access to information

           Division 5 -- General  

   45.     Proceedings to stop if court action etc.
            
   46.     Minister may refer matters for investigation
            
   46A.    Investigation at the request of Parliament
            
   46B.    False or misleading statements
            
   47.     Person not to be penalised because of complaining
            
   48A.    Prescribed service provider must give certain information
            
   48.     Registers of complaints
            
   49.     Delegation
            
   50.     Confidentiality

   PART 7 -- Miscellaneous  

   51.     Protection
            
   52.     Confidentiality
            
   53.     Offence of ill-treatment
            
   54.     Prosecution of offences
            
   55.     Parliamentary Commissioner may conduct investigation
            
   56.     Regulations
            
   57A.    Regulations may refer to published documents
            
   57.     Review of Act
           SCHEDULE 1 -- Principles applicable to people with disability
           SCHEDULE 2 -- Objectives for services and programmes
           SCHEDULE 3 -- Provisions applicable to the Board of the Commission  
           SCHEDULE 4 -- Provisions applicable to the Commission’s personnel  
           SCHEDULE 5 -- Provisions applicable to the Ministerial Advisory Council on Disability  
           Compilation table


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