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DISABILITY SERVICES ACT 1993 - SECT 25

DISABILITY SERVICES ACT 1993 - SECT 25

25 .         Grant to be subject of agreement

        (1)         A person is not to be paid funds under a grant of financial assistance until the person has entered into an agreement in writing with the Commission setting out the terms and conditions of the grant.

        (2)         If a grant of financial assistance to an unincorporated association or body of people is approved, the agreement referred to in subsection (1) is to be entered into by an individual or individuals on its behalf.

        (3)         Subsection (1) does not apply in respect of a grant made to a public authority that is not a body corporate.

        (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)(c) or (d) to report to the Commission —

            (a)         the death of any person with disability; or

            (b)         significant physical or psychological harm suffered by a person with disability; or

            (c)         without limiting paragraph (b), an assault (including a sexual assault) of a person with disability; or

            (d)         neglect of a person with disability to an extent that results, or is likely to result, in significant physical or psychological harm to that person,

                within 7 days of the recipient becoming aware of that occurrence.

        (5)         In subsection (4), a reference to a person with disability is a reference to —

            (a)         a person with disability to whom the recipient of a grant is providing a disability service; or

            (b)         a person with disability who is the subject of 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.

        [Section 25 amended: No. 44 of 1999 s. 11; No. 57 of 2004 s. 14; No. 40 of 2012 s. 9 and 24.]