Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940590890.pdf (New Zealand)
Disabled Persons Community Welfare Act 1975 Public Act Date of assent 1975 No 122 10 October 1975 1 2 3 3A 4 5 5A 6 7 8 9 Contents Title Short Title and commencement Interpretation Administration Effect on Disabled Persons Employment Promotion Act 1960 Aims of Minister and Director­General Delegation of functions and powers by Director­General Exercise of Director­General’s discretion Part 1 Advisory Council for the Community Welfare of Disabled Persons Advisory Council [Repealed] Meetings of Advisory Council [Repealed] Function of Council [Repealed] Remuneration and travelling allowances of certain members of Council [Repealed] Part 2 Promotion of community welfare of disabled persons Assistance to families and persons 15A Director­General may consult others [Repealed] Family care [Repealed] Relief for parents and guardians [Repealed] Expenses and other costs [Repealed] Grants for incorporating essential features in homes [Repealed] Provision for walking frames [Repealed] Provision of aids and appliances [Repealed] Note This Act is administered in the Department of Social Welfare.
Page 3 3 3 8 9 9 10 12 13 13 13 13 13 14 14 14 14 15 15 1 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 16 16A Training of young persons [Repealed] Grants and loans for purchase of motor vehicles, etc [Repealed] 22A 23 Assistance to voluntary and charitable organisations Assistance to approved organisations [Repealed] Registration [Repealed] Director­General may require structural alterations [Repealed] Further provisions as to cancellation and suspension of registration [Repealed] Appeal against refusal or cancellation of registration [Repealed] Inspection [Repealed] Building Act 1991 [Repealed] Application of Children and Young Persons Act 1974 [Repealed] Premises open to public 24 25 Streets, etc.
[Repealed] Access and facilities to and within buildings [Repealed] Part 2A Right of persons in residential care to review Right of review 25A 25B Who may apply for review 25C 25D Procedure and time limits for applying for review Director­General to appoint disability services review ofﬁcers Conduct of review Outcome of review 25E 25F Part 3 Vocational training of the disabled 26 27 28 Programme for vocational training Financial assistance to approved agencies Rehabilitation allowance Part 4 General provisions 29 30 30A Financial provisions Provisions in special circumstances Effect of depriving oneself of income or assets 2 15 15 16 16 17 17 17 18 18 19 19 19 26 28 29 29 30 30 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 31 32 Regulations Repeal and amendment [Repealed] s 2 31 32 An Act to make better provision for ﬁnancial and other assistance in respect of the disabled, and for the support of voluntary organisations and private organisations concerned with providing facilities for the community welfare, sheltered employment, training, and day care of disabled persons 1 (1) (2) 2 Short Title and commencement This Act may be cited as the Disabled Persons Community Welfare Act 1975.
Except as provided in subsection (5) of section 12 of this Act, this Act shall come into force on a date to be appointed by the Governor­General by Order in Council.

Interpretation In this Act, unless the context otherwise requires,— Advisory Council or Council[Repealed] Advisory Council or Council: these deﬁnitions was repealed, as from 26 October 1988, by section 2 Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
[Repealed] Approved specialist means a person suitably qualiﬁed by training or experience who is either— (a) Approved by the Director­General for the purposes of this Act; or Is a member of a class of specialists approved by the Director­General for the purposes of this Act: (b) Approved specialist: this deﬁnition was inserted, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Area Health Board specialist[Repealed] Area Health Board specialist: this deﬁnition was inserted by section 98 Area Health Boards Act 1983 (1983 No 134).

Area Health Board specialist: this deﬁnition was repealed, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
[Repealed] 3 s 2 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 in relation to a disabled person, means Assessment, the process of assessing the various factors involved in determining his potential capacity to beneﬁt from training, sheltered employment, and day care Crown funding agreement has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 Crown funding agreement: this deﬁnition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Day care means the care of a disabled person for a period during the day under adequate supervision in an occupational centre Department[Repealed] Department: this deﬁnition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
[Repealed] Director­General,— (a) In, or in relation to, Parts 2 and 2A, means the Director­General of Health: In, or in relation to, Parts 3 and 4, means the chief executive of the time being responsible for the administration of the Social Security Act 1964: Otherwise, as appropriate, means that Director­General, or that chief executive, or both: the Department for (b) (c) Director­General: this deﬁnition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Disability services has the same meaning as disability support services has in section 6(1) of the New Zealand Public Health and Disability Act 2000 Disability services: this deﬁnition was inserted, as from 16 December 1997, by section 2 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Disability services: this deﬁnition was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Disabled person means any person who suffers from physical or mental disablement to such a degree that he is seriously 4 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 s 2 limited in the extent to which he can engage in the activities, pursuits, and processes of everyday life district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000 district health board: this deﬁnition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Funder[Repealed] Funder: this deﬁnition replaced a deﬁnition of the term “Purchaser”, as from 1 October 1999, pursuant to section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

this deﬁnition was repealed, as from 1 January 2001, by section Funder: 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
[Repealed] Health Funding Authority[Repealed] Health Funding Authority: this deﬁnition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).

Health Funding Authority: this deﬁnition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
[Repealed] Home, except in relation to section 14,— (a) Includes any institution, cottage home, family home, group home or hostel, or other premises which are not administered by the Crown and which are intended to accommodate or provide for 5 or more disabled persons; but include a hospital care institution within does not the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 or a hospital or institution speciﬁcally exempted by the Minister from the application of this Act: (b) Home: this deﬁnition (as amended by section 98 Area Health Boards Act 1983 (1983 No 134)) was substituted, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Home: paragraph (b) of this deﬁnition was substituted, as from 1 October 2002 by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

5 s 2 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 Hospital Board specialist[Repealed] Hospital Board specialist: this deﬁnition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
[Repealed] Lease includes a licence; and lessee has a corresponding meaning Local authority[Repealed] Local authority: this deﬁnition was repealed, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84).

See sections 273 to 314 of that Act as to the savings and transitional provisions.
[Repealed] medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
Medical practitioner: the reference to the Medical Practitioners Act 1995 was substituted, as from 1 July 1996, for a reference to the Medical Practitioners Act 1968 pursuant to section 143(2) Medical Practitioners Act 1995 (1995 No 95).

Medical practitioner: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Minister, in relation to any provisions of this Act, means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of those provisions Minister: this deﬁnition was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Occupational centre means a place where a disabled person who has a seriously limited or no capacity for work, can take part in appropriate activities under supervision partner has the same meaning as in the Social Security Act 1964 partner: 7 Relationships (Statutory References) Act 2005 (2005 No 3).
this deﬁnition was inserted, as from 26 April 2005, by section 6 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 s 2 Purchase agreement[Repealed] Purchase agreement: this deﬁnition was inserted, as from 16 December 1997, by section 2 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Purchase agreement: this deﬁnition was repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
[Repealed] Purchaser[Repealed] Purchaser: this deﬁnition was inserted, as from 16 December 1997, by section 2 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Purchaser: this deﬁnition was replaced by a deﬁnition of the term Funder, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
[Repealed] Regional health authority[Repealed] Regional health authority: this deﬁnition was inserted, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

Regional health authority: this deﬁnition was repealed, as from 30 June 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
[Repealed] Residential care services has the same meaning as in section 3(1) of the Social Security Act 1964 Residential care services: this deﬁnition was inserted, as from 16 December 1997, by section 2 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Review ofﬁcer means a person appointed under section 25D(1) Review ofﬁcer: this deﬁnition was inserted, as from 16 December 1997, by section 2 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
service agreement has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 Service agreement: this deﬁnition was inserted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Service agreement: this deﬁnition was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Sheltered employment means employment for disabled persons in suitable occupations under conditions less stringent than those found in normal work situations 7 s 3 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 Sheltered workshop means a place where sheltered employment is available, being a place owned or controlled by an organisation approved by the Minister of Labour under section 2 of the Disabled Persons Employment Promotion Act 1960 in which disabled persons are engaged in sheltered employment Sheltered workshop: the reference in this as from 16 October 1989, deﬁnition to the Minister of Labour has been substituted for a reference to the Minister of Employment (as substituted by section 2 Disabled Persons Employment Protection Amendment Act 1985 (1985 No 13)) pursuant to section 2(5)(a) Labour Department Act Repeal Act 1989 (1989 No 82).
spouse has the same meaning as in the Social Security Act 1964. spouse: 7 Relationships (Statutory References) Act 2005 (2005 No 3).
Training, in relation to a disabled person, means the training of the person to enable him to undertake suitable work, whether full time or part time Work experience, in relation to a disabled person, means the opportunity for that person to experience and adjust to the ordinary requirements of work situations, including the physical and psychological demands of work of various kinds.
this deﬁnition was inserted, as from 26 April 2005, by section Administration This Act is administered as follows: (a) (b) Parts 2 and 2A are administered in the Ministry of Health: The rest of this Act is administered in the Department for the time being responsible for the administration of the Social Security Act 1964.
The Director­General under the general direction and control of the Minister— (a) Carries out the administration of provisions of this Act; and Exercises all the powers conferred on the Director­Gen­ eral by this Act.

(b) The original section 3 was substituted, and section 3A was inserted, as from 16 December 1997, by section 3 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Section 3 was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

3 (1) (2) 8 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 s 4 3A Effect on Disabled Persons Employment Promotion Act 1960 Nothing in this Act restricts— (a) The Disabled Persons Employment Promotion Act 1960; or (b) Any Act providing for the rehabilitation and placement in employment of sick or disabled persons.
Section 3 was substituted, and section 3A was inserted, as from 16 December 1997, by section 3 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
4 Aims of Minister and Director­General Without limiting in any way the functions and powers conferred on the Minister or on the Director­General by this Act, the aims of the Minister and the Director­General in the exercise of those functions and powers shall include— (a) (b) (c) (d) (e) (f) To assist and encourage disabled persons to become so­ cially and ﬁnancially independent: To promote schemes providing for the assessment, work experience, training, sheltered employment, and other suitable activities of disabled persons: To promote the general well­being, recreational oppor­ tunities, and welfare in the community of disabled per­ sons by assisting individuals, families, and sections of the community to overcome social problems associated with physical or mental handicap: To assist voluntary or charitable organisations engaged in the provision of services and facilities for the welfare in the community of disabled persons: To foster close working relationships, and (as appro­ priate) consult, with Government Departments, district health boards, and other bodies, organisations, and pro­ fessions concerned with rehabilitation and training of disabled persons and their placement in employment: to co­operate with the Accident Compensation Corpor­ ation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 in so far as its responsibilities relate to the promotion of the rehabilitation of persons who suffer personal injury for which they have cover under that Act: 9 s 5 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (g) (h) To promote the co­ordination of services and facilities within the community designed to advance the welfare of disabled persons: To encourage and stimulate public interest in the pro­ vision of services and facilities for the welfare in the community of disabled persons.
Paragraph (e) (as amended by section 98 Area Health Boards Act 1983 (1983 No 134)) was further amended, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “regional health authorities” for the words “area health boards, Hospital Boards”.
Paragraph (e) was further amended, as from 30 June 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “the Health Funding Authority” for the words “regional health authorities”.

Paragraph (e) was further amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “district health boards,” for the words “the Health Funding Authority,”.
In the original paragraph (f), as from 1 July 1992, the references to the Accident Rehabilitation and Compensation Insurance Corporation and the Accident Rehabilitation and Compensation Insurance Act 1992 have been substituted for references to the Accident Compensation Corporation and the Accident Compensation Act 1982 respectively, pursuant to sections 161 and 179(1) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).
Paragraph (f) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Paragraph (f) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Delegation of functions and powers by Director­General 5 (1) With the written consent of the Minister, the Director­General may from time to time, either generally or particularly, delegate to such Department of State, body corporate, or other agent (whether or not a body corporate) as he thinks ﬁt all or any of the functions and powers exercisable by him under this Act, but (except as provided in subsection (2) of this section) not including this present power of delegation.
In the case of any such delegation to the Accident Compensation Corporation,— (2) 10 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 s 5 (a) (b) The Director­General must consult the Chairperson of the Accident Compensation Corporation as to the terms and conditions of the delegation before he or she makes it: The delegation may authorise the Corporation to sub­ delegate all or any of the functions and powers dele­ gated to it to any of its agents appointed under clause 25 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 and (subject to the provi­ sions of this Act) the provisions of that clause apply to any such sub­delegation as if it were a delegation under that clause.
(3) (4) Subject to any general or special directions given or conditions attached by the Director­General, the Department of State, body corporate, or agent to which or to whom any powers are delegated or subdelegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on it or him directly by this section and not by delegation.
Every Department of State, body corporate, and agent purporting to act pursuant to any delegation or subdelegation under this section shall be presumed to be acting in accordance with the terms of the delegation or subdelegation in the absence of proof to the contrary.

(5) Any delegation under this section may be made to a speciﬁed person or to persons of a speciﬁed class, or may be made to the holder or holders for the time being of a speciﬁed ofﬁce or class of ofﬁces.
(6) Any delegation or subdelegation under this section shall, with the written consent of the Minister, be revocable at will, and no such delegation or subdelegation shall prevent the exercise of any power by the Director­General.

(7) Any such delegation shall, until revoked, continue in the force according to its tenor, notwithstanding that Director­General by whom it was made may have ceased to hold ofﬁce, and shall continue to have effect as if made by the successor in ofﬁce of that Director­General.
11 s 5A (8) Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 The Director­General may grant to any Department of State, body corporate, or other agent such sums as may reasonably be required to enable it or him to exercise any functions or powers conferred on it or him by the Director­General under this section.
In the original subsection (2), as from 1 July 1992, the references to the Accident Rehabilitation and Compensation Insurance Corporation have been substituted for references to the Accident Compensation Corporation pursuant to section 161 Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).

The Accident Compensation Act 1982 was repealed, as from 1 July 1992, by section 179(1) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).
Subsection (2) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Subsection (2)(b) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49), by substituting the words “clause 25 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001” for the words “clause 25 of Schedule 6 of the Accident Insurance Act 1998”.
See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance.

See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
The references to section 155(9) Accident Rehabilitation and Compensation Insurance Act 1992 in subsection (2) were substituted, as from 1 July 1992, for references to sections 17 and 18 of the Accident Compensation Act 1982 pursuant to section 179(1) Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).
5A Exercise of Director­General’s discretion In the exercise of his or her powers of discretion under this Act, the Director­General shall have regard to the income and assets of the disabled person and his or her spouse or partner, and, in the case of a disabled child, the income and assets of that child’s parents and any other person who is liable in law to maintain that child.

Section 5A was inserted, as from 1 October 1991, Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).
Section 5A was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or partner” after the word “spouse”.

12 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2 s 10 6 7 8 9 Part 1 Advisory Council for the Community Welfare of Disabled Persons Advisory Council [Repealed] Part 1 was repealed, as from 26 October 1988, by section 3 Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
Meetings of Advisory Council [Repealed] Part 1 was repealed, as from 26 October 1988, by section 3 Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).

Function of Council [Repealed] Part 1 was repealed, as from 26 October 1988, by section 3 Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
Remuneration and travelling allowances of certain members of Council [Repealed] Part 1 was repealed, as from 26 October 1988, by section 3 Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).

Part 2 Promotion of community welfare of disabled persons Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Assistance to families and persons 10 Director­General may consult others [Repealed] Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
13 Part 2 s 11 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 Family care [Repealed] Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
Relief for parents and guardians [Repealed] Subsection (1) was amended, as from 1 August 1991, by section 3(1) Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79) by substitut­ ing the words “who is a dependent child within the meaning of section 3(1) of the Social Security Act 1964” for the words “in respect of whom family beneﬁt is payable under Part 1 of the Social Security Act 1964”.
Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
Expenses and other costs [Repealed] Subsection (1) (as amended by section 98 Area Health Boards Act 1983 (1983 No 134)) was further amended, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “an approved specialist” for the words “an area health board specialist or a Hospital Board specialist”.
Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
Grants for incorporating essential features in homes [Repealed] Section 14 (as amended by section 2 Disabled Persons Community Welfare Amendment Act 1980) was substituted, as from 14 December 1984, by section 2(1) Disabled Persons Community Welfare Amendment Act 1984 (1984 No 20).

Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

11 12 13 14 14 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2 s 16A 15 Provision for walking frames [Repealed] Subsection (1) (as amended by section 98 Area Health Boards Act 1983 (1983 No 134)) was substituted, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

15A Provision of aids and appliances [Repealed] Section 15A was inserted, as from 14 December 1984, by section 3 Disabled Persons Community Welfare Amendment Act 1984 (1984 No 20).
Subsection (1) was amended, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “an approved specialist” for the words “an Area Health Board specialist or Hospital Board specialist”.
Subsection (2) was amended, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “a licensed hospital within the meaning of the Hospitals Act 1957 or other institution” for the words “an area health board or Hospital Board”.

Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

16 Training of young persons [Repealed] Section 16 was amended, as from 1 August 1991, by section 4(1) Disabled Per­ sons Community Welfare Amendment Act 1991 (1991 No 79) by substituting the expression “16 years” for the expression “15 years”.

Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

16A Grants and loans for purchase of motor vehicles, etc [Repealed] Section 16A (as inserted by section 2(1) Disabled Persons Community Welfare Amendment Act 1979 (1979 No 84)) was substituted, as from 23 November 1982, by section 2(1) Disabled Persons Community Welfare Amendment Act 1982 (1982 No 68).
Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 15 Part 2 s 17 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
Assistance to voluntary and charitable organisations Assistance to approved organisations [Repealed] Subsection (5) (as amended by section 98 Area Health Boards Act 1983 (1983 No 134)) was further amended, as from 1 July 1993, by section 26(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting the words “acquired by regional health authorities or with the services of licensed hospitals within the meaning of the Hospitals Act 1957” for the words “of area health boards or Hospital Boards”.
Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Registration [Repealed] Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).
Subsection (1) was repealed, as from 1 October 2002, by section 57(2) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 57(1)(b) of that Act for limitation on licensing and registration under section 18 after 30 September 2002.

See section 11 of that Act for transitional provisions Subsection (2) was substituted, as from 17 September 1997, by section 4(1) Dis­ abled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Subsection (2) was repealed, as from 1 October 2002, by section 57(2) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 57(1)(b) of that Act for limitation on licensing and registration under section 18 after 30 September 2002.
See section 11 of that Act for transitional provisions Subsection (3) was amended, as from 17 September 1997, by section 4(2) Dis­ abled Persons Community Welfare Amendment Act 1997 (1997 No 69) by sub­ stituting the words “such inquiries as the Director­General considers” for the words “the report of the Director of Social Welfare for the district in which the home is situated, and from such other inquiries as he may consider”.
See regu­ lation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Subsection (5) was amended, as from 30 April 2003, by section 28(1) Royal New Zealand Foundation of the Blind Act (2002 No 3(P)) by inserting the words “or the Royal New Zealand Foundation of the Blind constituted under the Royal New Zealand Foundation of the Blind Act 2002”.

See clause 2 Royal New Zealand Foundation of the Blind Act Commencement Order 2003 (SR 2003/56).
17 18 16 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2 s 21 19 20 21 Subsection (6) was repealed, as from 1 October 2002, by section 57(2) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 57(1)(b) of that Act for limitation on licensing and registration under section 18 after 30 September 2002.
See section 11 of that Act for transitional provisions Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

Director­General may require structural alterations [Repealed] Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
Further provisions as to cancellation and suspension of registration [Repealed] Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).
Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

Appeal against refusal or cancellation of registration [Repealed] Subsection (1) was amended, as from 1 April 1980, by substituting the words “District Court” for the words “Magistrate’s Court” pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
17 Part 2 s 22 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 22 Inspection [Repealed] Subsection (1)(a) was repealed, as from 1 October 1999, by section 13 Depart­ ment of Child, Youth and Family Services Act 1999 (1999 No 82).

Subsection (1)(b) (as amended by section 98 Area Health Boards Act 1983 (1983 No 134) was substituted, as from 26 October 1988, by section 4(1) c Welfare Amendment Act 1988 (1988 No 146).
The words “Ministry of Health” in the former subsection (1)(b) were substi­ tuted, as from 1 July 1993, for the words “Department of Health” pursuant to section 38(3) Health Amendment Act 1993 (1993 No 24).

Subsection (1)(b) was substituted, as from 17 September 1997, by section 4(1) Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Subsection (1)(c) was repealed, as from 26 October 1988, by section 4(1) Dis­ abled Persons Community Welfare Amendment Act 1988 (1988 No 146).
A new subsection (1)(c) was inserted, as from 17 September 1997, by section 4(1) Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Subsection (2) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (3) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “Director­General” for the words “Director­General of Social Welfare for the district in which the institution is situated”.

Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

22A Building Act 1991 [Repealed] Section 22A was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Part 2 (other than sections 18 to 22A), comprising sections 10 to 25, was re­ pealed, as from 1 November 1997, by section 26(2) Health Reforms (Transi­ tional Provisions) Act 1993 (1993 No 23).

See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Sections 18 to 22A were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
18 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2A s 25A 23 24 25 Application of Children and Young Persons Act 1974 [Repealed] Section 23 was repealed, as from 1 November 1989, by section 456(1) Children, Young Persons, and Their Families Act 1989 (1989 No 24).

Premises open to public Streets, etc.

[Repealed] Section 24 was repealed, as from 1 April 1979, by section 4(1) Local Govern­ ment Amendment Act 1978 (1978 No 43).
Access and facilities to and within buildings [Repealed] Section 25 was substituted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).

Subsection (4)(z) and (za) were further substituted, as from 1 April 1993, by section 62(2) Health and Safety in Employment Act 1992 (1992 No 96).

Part 2 (other than sections 18 to 22A), was repealed, as from 1 November 1997, by section 26(2) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
See regulation 2 Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272).

Part 2A Right of persons in residential care to review Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
25A Right of review (1) This Part applies to a person who— (a) has an intellectual, physical, psychiatric, or sensory dis­ ability; and because of that disability, enters residential care of a kind that is funded under a Crown funding agreement or a service agreement or an arrangement of the kind de­ scribed in section 88 of the New Zealand Public Health and Disability Act 2000; and is not a resident assessed as requiring care, as that term is deﬁned in section 136 of the Social Security Act 1964.
(b) (c) 19 Part 2A s 25B Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (a) (2) A person to whom this Part applies has a right to a review of— The adequacy of any disability services needs assess­ ment provided in respect of that person under a Crown funding agreement or a service agreement or an arrange­ ment of the kind described in section 88 of the New Zealand Public Health and Disability Act 2000; or (b) whether or not the person’s disability services needs, as assessed by a disability services needs assessment pro­ vided in respect of that person under a Crown funding agreement or a service agreement or an arrangement of the kind described in section 88 of the New Zealand Public Health and Disability Act 2000, are appropri­ ately met by— (i) (ii) the residential care the person entered following the disability services needs assessment; or the residential care services purchased for the person following the disability services needs as­ sessment.
Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Subsection (1)(b) of the original section 25A was amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “funded by the Health Funding Authority” for the words “purchased by the regional health authority”.
Subsection (2)(a) and (b) of the original section 25A were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “service agreement” for the words “purchase agreement”.

Subsections (2)(a), (2)(b) and (3)(a) were amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “Health Funding Authority” for the words “regional health authority”.
Section 25A was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

Subsection (1)(c) was substituted, as from 1 July 2005, by section 13(2) Social Security (Long­term Residential Care) Amendment Act 2004 (2004 No 101).

See sections 7 to 11 of that Act for the transitional provisions.
25B Who may apply for review An application for a review may be made by— (a) A person to whom this Part applies; or 20 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2A s 25C (b) Any other person, acting on behalf of such a person, who is— (i) Authorised by the person to make the application, by power of attorney or otherwise; or The welfare guardian of the person or the man­ ager of the property of the person appointed under the Protection of Personal and Property Rights Act 1988; or a close relative of the person, spouse or partner of the person.
including the (ii) (iii) Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Paragraph (b)(iii) was substituted, as from 26 April 2005, by section 7 Rela­ tionships (Statutory References) Act 2005 (2005 No 3).
25C Procedure and time limits for applying for review (1) An application for a review must— (a) (b) (c) be made to the Director­General; and be in writing; and contain an address at which the applicant wishes to re­ ceive correspondence relating to the review.

(2) An applicant for a review may at any time change the address for correspondence by notifying the Director­General in writ­ ing of the new address.
(3) An application for a review must be made within 3 months of the latest of the following dates: (a) the date on which a copy of the disability services needs assessment is given or sent to the person; or the date on which the person enters residential care; or the date on which the Minister of Health— (i) enters into a Crown funding agreement with a service provider to provide residential care ser­ vices to the person; or enters into a Crown funding agreement in re­ newal of or substitution for a previous agreement, being a renewed or substituted agreement that contains a change in the residential care services to be provided to the person; or the date on which a district health board— (ii) (b) (c) (d) 21 Part 2A s 25D Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (4) (i) (ii) enters into a service agreement or an arrange­ ment of the kind described in section 88 of the New Zealand Public Health and Disability Act 2000 with a service provider to provide residen­ tial care services to the person; or enters into a service agreement or into an arrange­ ment of that kind in renewal of or substitution for a previous service agreement or arrangement, being a renewed or substituted agreement or ar­ rangement that contains a change in the residen­ tial care services to be provided to the person.
The Director­General may accept an application for a review after the time stated in subsection (3) if the Director­General is satisﬁed that there is good reason for the delay.

Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Subsections (1)(a) and (4) of the original section 25C were amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “Health Funding Authority” for the words “regional health authority”.
Subsections (2), (3)(c), (4)(a) and (4)(b)(ii) of the original section 25C were amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the word “Authority” for the word “authority”.
Subsections (3)(c)(i) and (ii), and (4)(b)(i) of the original section 25C were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “service agreement” for the words “purchase agreement”.

Sections 25C and 25D were substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
25D Director­General to appoint disability services review ofﬁcers The Director­General must appoint a sufﬁcient number of per­ sons to conduct reviews.
Every review ofﬁcer must— (a) be suitable, in the opinion of the Director­General, to conduct reviews; and be experienced in relation to the provision of disability services; and (b) (1) (2) 22 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2A s 25E (c) have a recognised qualiﬁcation relating to the provision of disability services.
(3) A review ofﬁcer may be either— (a) (b) an employee of the Ministry of Health; or a person engaged by the Director­General to conduct a particular review or reviews generally.

The person may carry out other functions for the Ministry of Health.
(4) A review ofﬁcer must not conduct a review if he or she was (b) (c) connected in any material way with— (a) any disability services needs assessment made for the person; or the entry into residential care of the person; or any Crown funding agreement or service agreement or an arrangement of the kind described in section 88 of the New Zealand Public Health and Disability Act 2000 for residential care services for the person.
(5) The Ministry of Health must supply all the secretarial and ad­ ministrative services that the review ofﬁcer needs to carry out his or her functions.

Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Section 25D was substituted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Subsection (3)(b) of the previous section 25D was amended, as from 1 Octo­ ber 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “service agreement” for the words “purchase agreement”.

Sections 25C and 25D were substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
25E Conduct of review (1) A review ofﬁcer appointed to conduct a review must have re­ gard to— (a) The application for the review and any written submis­ sions made by or on behalf of the person; and (b) Any relevant disability services needs assessment in re­ spect of the person; and 23 Part 2A s 25F Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (c) Any explanation or submissions made by the Ministry of Health or any person who assessed the needs of the person.
(2) A review ofﬁcer is not required to hold an oral hearing for the purposes of a review but may do so if he or she thinks ﬁt, and may from time to time adjourn the hearing.

(3) A review ofﬁcer may request any person to attend before him or her to answer any questions or provide any information rele­ vant to the review.
(4) A person requested to attend before a review ofﬁcer— Is under no compulsion to do so; and (a) (b) Has the same privileges in relation to answering ques­ tions put by the review ofﬁcer or providing information to the review ofﬁcer as witnesses have in courts of law.

Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Subsection (1)(c) was amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “Health Funding Authority” for the words “regional health authority”.

Subsection (1)(c) was further amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the expression “Ministry of Health” for the expression “Health Funding Authority”.
25F Outcome of review (1) A review ofﬁcer who has conducted a review must, after con­ sidering the matter, either— (a) Make such recommendations as he or she thinks ﬁt to the Ministry of Health concerning any 1 or more of the following matters: (i) The disability services needs assessment in re­ spect of the person: The residential care of the person: (ii) (iii) The residential care services provided to the per­ son; or (b) Decide to make no recommendation concerning the subject­matter of the review.
(2) A review ofﬁcer must notify the applicant for the review of— 24 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 2A s 25F (3) (4) (5) (a) Any recommendation or decision made by the review ofﬁcer; and The reasons for any such recommendation or decision.
(b) The Ministry of Health has a public duty to— (a) Consider the recommendation and the reasons for it; and Take such action in respect of it as the Ministry of Health considers appropriate; and Notify the applicant for the review of the action it has taken.
(b) (c) Every notiﬁcation under this section to the applicant for the review must— (a) (b) Be in writing; and Be— (i) (ii) Delivered personally to the applicant; or Left at the last address for correspondence no­ tiﬁed to the Ministry of Health under section 25C(1) or (2); or (iii) Posted in a letter addressed to the applicant at that address.
(b) The Ministry of Health must include in its annual report a statement setting out, in respect of the year to which the re­ port relates, the following information in relation to reviews: The number and nature of the applications that have (a) been made; and The number in which recommendations have been made to the Ministry of Health and a summary of those recommendations; and The number of recommendations acted upon by the Ministry of Health and a summary of the actions taken by the Ministry of Health.
(c) Part 2A (comprising sections 25A to 25F) was inserted, as from 16 December 1997, by section 6 Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Subsections (1), (3) and (5) were amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substi­ tuting the words “Health Funding Authority” for the words “regional health authority”.
Subsections (4)(b)(ii) and (5)(c) were amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the word “Authority” for the word “authority”.
25 Part 3 s 26 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 Subsections (1), (3) and (5) were amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the expression “Ministry of Health” for the expression “Health Funding Authority”.
Subsection (4)(b)(ii) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the expression “Ministry of Health” for the word “Authority”.

Part 3 Vocational training of the disabled Programme for vocational training The Director­General shall, under the general direction and control of the Minister, administer a programme for the train­ ing, sheltered employment, and day care of disabled persons.
The Director­General shall make such arrangements as he con­ siders necessary— (a) For disabled persons to— (i) Undergo assessment, and undertake work experi­ ence or training, for employment: Receive education or technical training with a view to employment: (ii) (iii) Obtain practical experience necessary in each case to qualify the disabled person to undertake any employment that, in the opinion of the Dir­ ector­General, is suitable having regard to any educational qualiﬁcations, skill, or aptitude of that disabled person: (iv) Undertake employment in a sheltered workshop: To enable disabled persons to attend an occupational centre for day care.
(b) For the purpose of the foregoing provisions of this section the Director­General may: (a) Grant ﬁnancial assistance towards the expenses of any disabled person undergoing any period of assessment, work experience, training, or education: (b) Grant ﬁnancial assistance towards travelling and ac­ commodation expenses of any disabled person to whom the provisions of paragraph (a) of this subsection ap­ ply in cases where the person is required to reside away from his ordinary place of residence: 26 (1) (2) (3) 26 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 3 s 26 (c) (d) (e) (f) Grant ﬁnancial assistance towards the cost of training or education or clothing, or the obtaining of practical ex­ perience or equipment, necessary to enable any disabled person to engage in any occupation that in the opinion of the Director­General is suitable: Set up or arrange for facilities for research into aspects of training, sheltered employment, and day care: Provide for the instruction and training of staff engaged in the provision of training, sheltered employment, and day care facilities for disabled persons: Provide, equip, and administer buildings and institu­ tions for the establishment of facilities for the training, sheltered employment, and day care of disabled per­ sons: (h) (g) Appoint or approve the appointment of suitably quali­ ﬁed staff necessary to operate any establishment admin­ istered by the Director­General under this Act: Provide, or arrange, in consultation with the chief ex­ ecutive of the Department of Labour, for selected dis­ abled persons, including persons selected under section 16 of this Act, to undertake training or work experience in any ofﬁce, factory, or other place of employment; and in doing so require that the terms and conditions of the placement of the persons with an employer be the sub­ ject of an agreement between— (i) The Director­General or any Department of State, body corporate, or agent authorised by the Director­General under section 5 of this Act; and That employer; and such union registered under the Employment Relations Act 2000 as the Director­General may specify: (ii) (iii) (i) (4) In determining the extent of any ﬁnancial assistance for dis­ abled persons under subsection (3), the chief executive of the department for the time being responsible for the administra­ tion of the Social Security Act 1964 may have regard to any as­ sistance provided under the Injury Prevention, Rehabilitation, and Compensation Act 2001 or from any other source.
27 Part 3 s 27 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 Subsection (3)(h) was amended, as from 16 October 1989, by substituting the words “the chief executive of the Department of Labour” for the words “the Secretary of Labour” pursuant to section 2(8) Labour Department Act Repeal Act 1989 (1989 No 82).
Subsection (3)(h)(iii) was amended, as from 1 August 1987, by substituting a reference to the Labour Relations Act 1987 for a reference to the Industrial Relations Act 1973 pursuant to section 359(a) Labour Relations Act 1987 (1987 No 77).

The latter act was repealed, as from 15 May 1991, by section 174 Employment Contracts Act 1991 (1991 No 22).

Subsection (3)(h)(iii) was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Subsection (3)(i) was repealed by section 2(2) of the Disabled Persons Com­ munity Welfare Amendment Act 1979.

Subsection (4) was amended, as from 1 July 1992, by substituting the words “the Accident Rehabilitation and Compensation Insurance Corporation” for the words “the Accident Compensation Corporation” pursuant to section 161 Ac­ cident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).
Subsection (4) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).

Subsection (4) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49), by sub­ stituting the words “the Injury Prevention, Rehabilitation, and Compensation Act 2001” for the words “the Accident Insurance Act 1998”.
See Part 10 of that Act for provisions relating to transition from competitive provision of work­ place accident insurance.

See Part 11 of that Act for transitional provisions re­ lating to entitlements provided by Corporation.
Financial assistance to approved agencies Subject to any general or special directions that he may give, the Director­General may from time to time grant ﬁnancial assistance towards: (a) The remuneration of authorised staff of approved vol­ untary or charitable organisations engaged in the train­ ing, sheltered employment, and day care of disabled persons, or in operating sheltered workshops or occu­ pational centres for the disabled: The provision of buildings and equipment required by approved voluntary or charitable organisations for the purpose of the training, sheltered employment, and day care of the disabled, or in connection with the operation of sheltered workshops or occupational centres for the disabled: The provision of buildings and equipment and ﬁnancial assistance required by approved co­operatives or any (b) (c) 27 (1) 28 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 4 s 29 other approved organisations established for the pur­ pose of providing full time or part time employment for disabled persons: The provision of ﬁnancial assistance to enable a dis­ abled person to become self employed.
(d) If the organisation or co­operative to which any ﬁnancial as­ sistance under this section has been made sells or otherwise disposes of its buildings and equipment or ceases to provide services of a nature or standard consistent with the conditions under which the grant was made, the Minister may direct the Director­General to take such action as the Minister considers justiﬁed and possible to obtain repayment of that grant in part or in full.
Rehabilitation allowance In any case where a disabled person is undertaking assessment, work experience, education, or training for employment in an organisation carrying out an approved training programme under this Part of this Act, the Director­General may, in his discretion, grant a rehabilitation allowance to that person.
(2) 28 (1) (2) Any rehabilitation allowance granted under this section shall be at a rate determined to be appropriate in the circumstances by the Director­General, but shall not in any case exceed the maximum rate that may from time to time be prescribed by regulations made under section 31 of this Act.
The following enactments are hereby repealed: (a) (3) Paragraph (dd) of subsection (1), and subsection (4), of section 124 of the Social Security Act 1964 (as inserted by section 19 of the Social Security Amendment Act 1969) and Schedule 15 to that Act (as inserted by sec­ tion 10(1) of the Social Security Amendment Act 1974): Section 19 of the Social Security Amendment Act 1969.
(b) Part 4 General provisions 29 Financial provisions There shall from time to time be paid out of the Crown Bank Account, from money appropriated by Parliament for the pur­ 29 Part 4 s 30 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 poses of this Act, all remuneration, allowances, and other ex­ penditure payable or incurred under or in the administration of this Act.
Section 29 was amended, as from 1 July 1989, by substituting a reference to the Crown Bank Account for a reference to the Consolidated Account (as sub­ stituted by section 114(6) Public Finance Act 1977 (1977 No 65)) pursuant to section 83(1)(b) and (7) Public Finance Act 1989 (1989 No 44).
Provisions in special circumstances 30 (1) Notwithstanding anything to the contrary in this Act, the Min­ ister may make such special arrangements as in the circum­ stances he considers advisable, for the purpose of providing that adequate services instead of or in addition to the assist­ ance provided for by this Act, will be made available for the beneﬁt of any person or classes of persons.
The Minister may, from time to time as occasion requires in any particular case or class of case, make such special arrange­ ments as in his opinion are necessary for the effective oper­ ation of this Act and of any regulations made pursuant to sec­ tion 31 of this Act.

(2) (3) All fees and other money payable in respect of any arrange­ ments made under this section shall be paid by the Director­ General.
30A Effect of depriving oneself of income or assets (1) If the Director­General is satisﬁed that any person whose as­ sets or income affect the exercise of the Director­General’s dis­ cretion under section 5A of this Act has directly or indirectly deprived himself or herself of any income or assets which re­ sults in the applicant becoming entitled to receive assistance under this Act, the Director­General may, in the Director­Gen­ eral’s discretion, refuse to grant, reduce, or terminate any as­ sistance to the applicant.
If any person whose assets or income affect the exercise of the Director­General’s discretion under section 5A of this Act— (a) (b) Lets his or her home; or Sells it on terms that— (i) Provide for the payment of the whole or any part of the purchase money by instalments; or (2) 30 Reprinted as at 3 September 2007 Disabled Persons Community Welfare Act 1975 Part 4 s 31 (ii) Secure the whole or any part of the purchase money by mortgage— the Director­General may, in the Director­General’s dis­ cretion, set off against the rent or interest that person derives from letting or selling his or her home— Any rent payable by that person in respect of the ten­ ancy of another home: (c) (e) (d) Any interest payable, or unpaid purchase money ow­ ing, by that person in respect of the purchase of another home: Any interest payable by that person, or any money ad­ vanced to that person, for the purchase of another home: Any money payable by that person in respect of his or her board, lodging, or maintenance, whether in a private home or in any public or private institution.
(f) Section 30A was inserted, as from 1 October 1991, by section 5 Disabled Per­ sons Community Welfare Amendment Act 1991 (1991 No 79).
31 Regulations The Governor­General may from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Prescribing the maximum amount of the payments, and conditions in respect of the payments, to be made by the Director­General in respect of ﬁnancial assistance provided for by this Act or by any regulations made under this Act to disabled persons and other persons: Prescribing the terms and conditions under which ﬁnan­ cial assistance may be granted to voluntary and charit­ able organisations under this Act: Prescribing the terms and conditions under which spe­ cial arrangements may be made under section 26(2) of this Act: (d) (e) Prescribing the conditions under which the staff of vol­ untary or charitable organisations may be regarded as authorised for the purposes of section 27(1)(a) of this Act: (b) (c) (f) 31 Part 4 s 32 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 September 2007 (g) (h) (i) (j) (k) Providing for the release of medical or other informa­ tion necessary for the Director­General to carry out his functions under this Act: Prescribing the maximum rates of rehabilitation allow­ ances: Prescribing fees for the registration of homes under sec­ tion 18 of this Act: Prescribing income tests or assets tests in relation to the receiving of ﬁnancial assistance under this Act: Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Paragraphs (d) and (e) were repealed, as from 1 October 2004, by section 59(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.

Paragraph (i) was substituted, as from 1 October 1991, by section 6 Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).

Paragraphs (j) and (k) were inserted, as from 1 October 1991, by section 6 Dis­ abled Persons Community Welfare Amendment Act 1991 (1991 No 79).
32 Repeal and amendment [Repealed] Section 32 was repealed, as from 1 November 1992, by section 137(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).

32