Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941132593.pdf (New Zealand)
Reprint as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Public Act Date of assent Commencement 1975 No 122 10 October 1975 see section 1(2) Contents Title Short Title and commencement Interpretation Administration Effect on Disabled Persons Employment Promotion Act 1960 Aims of Minister and Director-General Delegation of functions and powers by Director-General Exercise of Director-General’s discretion 1 2 3 3A 4 5 5A Part 1 Advisory Council for the Community Welfare of Disabled Persons [Repealed] 6 7 Advisory Council [Repealed] Meetings of Advisory Council [Repealed] Page 3 3 3 7 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Social Development and the Ministry of Health.
1 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 8 9 Function of Council [Repealed] Remuneration and travelling allowances of certain members of Council [Repealed] Part 2 Promotion of community welfare of disabled persons [Repealed] Assistance to families and persons [Repealed] Director-General may consult others [Repealed] Family care [Repealed] Relief for parents and guardians [Repealed] Expenses and other costs [Repealed] Grants for incorporating essential features in homes [Repealed] Provision for walking frames [Repealed] Provision of aids and appliances [Repealed] Training of young persons [Repealed] Grants and loans for purchase of motor vehicles, etc [Repealed] Assistance to voluntary and charitable organisations [Repealed] Assistance to approved organisations [Repealed] Registration [Repealed] Director-General may require structural alterations [Repealed] Further provisions as to cancellation and suspension of registration [Repealed] Appeal against refusal or cancellation of registration [Repealed] Inspection [Repealed] Building Act 1991 [Repealed] Application of Children and Young Persons Act 1974 [Repealed] 15A 16 16A 22A 23 Streets and premises open to public [Repealed] 24 25 Streets, etc [Repealed] Access and facilities to and within buildings [Repealed] Part 2A Right of persons in residential care to review 25A Right of review 2 11 11 11 12 12 12 12 12 12 12 12 13 13 13 13 13 13 14 14 14 14 14 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 25B Who may apply for review 25C 25D Procedure and time limits for applying for review Director-General to appoint disability services review officers Conduct of review Outcome of review 25E 25F 26 27 28 29 30 30A 31 32 Part 3 Vocational training of the disabled Programme for vocational training Financial assistance to approved agencies Rehabilitation allowance Part 4 General provisions Financial provisions Provisions in special circumstances Effect of depriving oneself of income or assets Regulations Repeal and amendment [Repealed] s 2 15 16 17 18 18 20 22 23 23 23 24 25 26 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) 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, this Act shall come into force on a date to be appointed by the Gov- ernor-General by Order in Council.

Section 1(2): this Act (except section 12) brought into force, on 5 November 1976, by the Disabled Persons Community Welfare Act Commencement Order 1976 (SR 1976/284).
2 Interpretation In this Act, unless the context otherwise requires,— 3 s 2 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 approved specialist means a person suitably qualified by training or experience who is either— (a) approved by the Director-General for the purposes of this Act; or is a member of a class of specialists approved by the Director-General for the purposes of this Act (b) assessment, in relation to a disabled person, means the process of assessing the various factors involved in determining his potential capacity to benefit from training, sheltered employ- ment, and day care Crown funding agreement has the same meaning as in sec- tion 6(1) of the New Zealand Public Health and Disability Act 2000 day care means the care of a disabled person for a period dur- ing the day under adequate supervision in an occupational cen- tre Director-General,— (a) in, or in relation to, Parts 2 and 2A, means the Director- General of Health: in, or in relation to, Parts 3 and 4, means the chief ex- ecutive of the department for the time being responsible for the administration of the Social Security Act 1964: otherwise, as appropriate, means that Director-General, or that chief executive, or both (b) (c) 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 disabled person means any person who suffers from physical or mental disablement to such a degree that he is seriously 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 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 4 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 s 2
 (b) accommodate or provide for 5 or more disabled per- sons; but does not include a hospital care institution within 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 applica- tion of this Act lease includes a licence; and lessee has a corresponding mean- ing 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 Practi- tioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister, in relation to any provisions of this Act, means, sub- ject 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 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 residential care services has the same meaning as in section 3(1) of the Social Security Act 1964 review officer means a person appointed under section 25D(1) service agreement has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 sheltered employment means employment for disabled per- sons in suitable occupations under conditions less stringent than those found in normal work situations sheltered workshop means a place where sheltered employ- ment is available, being a place owned or controlled by an or- ganisation 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 spouse has the same meaning as in the Social Security Act 1964 5 s 2 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 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 or- dinary requirements of work situations, including the physical and psychological demands of work of various kinds.
Section 2 Advisory Council or Council: repealed, on 26 October 1988, by section 2 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).

Section 2 approved specialist: inserted, on 1 July 1993, by section 26(1) of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 Area Health Board specialist: repealed, on 1 July 1993, by section 26(1) of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 2 Crown funding agreement: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 department: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 Director-General: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 2 disability services: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 district health board: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 funder: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 2 Health Funding Authority: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 home: substituted, on 1 July 1993, by section 26(1) of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 home paragraph (b): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Section 2 hospital board specialist: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 local authority: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 medical practitioner: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2 Minister: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

6 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 s 3A Section 2 purchase agreement: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 2 purchaser: Department of Child, Youth and Family Services Act 1999 (1999 No 82).

repealed, on 1 October 1999, by section 13 of the Section 2 regional health authority: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 2 residential care services: inserted, on 16 December 1997, by section 2(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Section 2 review officer: inserted, on 16 December 1997, by section 2(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Section 2 service agreement: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2 spouse: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
3 (1) (2) 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 Director-General, 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 Director-Gen- eral by this Act.
(b) Section 3: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

3A Effect on Disabled Persons Employment Promotion Act 1960 Nothing in this Act restricts— (a) the Disabled Persons Employment Promotion Act 1960; or any Act providing for the rehabilitation and placement in employment of sick or disabled persons.
(b) Section 3A: inserted, on 16 December 1997, by section 3(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
7 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 Aims of Minister and Director-General Without limiting in any way the functions and powers con- ferred on the Minister or on the Director-General by this Act, the aims of the Minister and the Director-General in the exer- cise of those functions and powers shall include— (a) (b) (c) (d) (e) (f) (g) (h) 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 well-being, 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 co-operate with the Accident Compensation Corpor- ation under the Accident 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: to promote the co-ordination 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.
Section 4(e): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 4(f): substituted, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 4(f): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
s 4 4 8 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 s 5 Delegation of functions and powers by Director-General 5 (1) With the written consent of the Minister, the Director-Gen- eral 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)) not including this present power of delegation.
In the case of any such delegation to the Accident Compensa- tion Corporation,— (a) (2) (b) the Director-General 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 subdel- egate all or any of the functions and powers delegated to it to any of its agents appointed under clause 25 of Schedule 5 of the Accident Compensation Act 2001 and (subject to the provisions 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 con- ditions attached by the Director-General, 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 purport- ing 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 9 s 5A Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 no such delegation or subdelegation shall prevent the exercise of any power by the Director-General.
(8) (7) Any such delegation shall, until revoked, continue in force ac- cording to its tenor, notwithstanding that the Director-General 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 Director-General.
The Director-General 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 Director-General under this section.

Section 5(2): substituted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).

Section 5(2)(b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 5(2)(b): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

5A Exercise of Director-General’s discretion In the exercise of his or her powers of discretion under this Act, the Director-General 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: inserted, on 1 October 1991, by section 2 of the Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).

Section 5A: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Part 1 Advisory Council for the Community Welfare of Disabled Persons [Repealed] Part 1: repealed, on 26 October 1988, by section 3 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
10 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 2 s 10 6 7 8 9 Advisory Council [Repealed] Section 6: repealed, on 26 October 1988, by section 3 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).

Meetings of Advisory Council [Repealed] Section 7: repealed, on 26 October 1988, by section 3 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
Function of Council [Repealed] Section 8: repealed, on 26 October 1988, by section 3 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).

Remuneration and travelling allowances of certain members of Council [Repealed] Section 9: repealed, on 26 October 1988, by section 3 of the Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146).
Part 2 Promotion of community welfare of disabled persons [Repealed] Part 2: repealed, on 1 October 2004, pursuant to section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Assistance to families and persons [Repealed] Heading: repealed, on 1 November 1997, by section 26(2) of the Health Sector (Transfers) Act 1993 (1993 No 23).
10 Director-General may consult others [Repealed] Section 10: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).

11 Part 2 s 11 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 Family care [Repealed] Section 11: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).
Relief for parents and guardians [Repealed] Section 12: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).

Expenses and other costs [Repealed] Section 13: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).

Grants for incorporating essential features in homes [Repealed] Section 14: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).
Provision for walking frames [Repealed] Section 15: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).

15A Provision of aids and appliances [Repealed] Section 15A: repealed, on 1 November 1997, by section 26(2) of the Health Sector (Transfers) Act 1993 (1993 No 23).

16 Training of young persons [Repealed] Section 16: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).
16A Grants and loans for purchase of motor vehicles, etc [Repealed] Section 16A: repealed, on 1 November 1997, by section 26(2) of the Health Sector (Transfers) Act 1993 (1993 No 23).

12 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 2 s 22 Assistance to voluntary and charitable organisations [Repealed] Heading: repealed, on 1 October 2004, pursuant to section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Assistance to approved organisations [Repealed] Section 17: repealed, on 1 November 1997, by section 26(2)of the Health Sector (Transfers) Act 1993 (1993 No 23).

Registration [Repealed] Section 18: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Director-General may require structural alterations [Repealed] Section 19: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Further provisions as to cancellation and suspension of registration [Repealed] Section 20: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Appeal against refusal or cancellation of registration [Repealed] Section 21: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
Inspection [Repealed] Section 22: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

17 Part 2 s 22A Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 22A Building Act 1991 [Repealed] Section 22A: repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
23 Application of Children and Young Persons Act 1974 [Repealed] Section 23: repealed, on 1 November 1989, by section 456(1) of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

Streets and premises open to public [Repealed] Heading: repealed, on 1 November 1997, by section 26(2) of the Health Sector (Transfers) Act 1993 (1993 No 23).

24 25 Streets, etc [Repealed] Section 24: repealed, on 1 April 1979, by section 4(1) of the Local Government Amendment Act 1978 (1978 No 43).
Access and facilities to and within buildings [Repealed] Section 25: repealed, on 1 November 1997, by section 26(2) of the Health Sec- tor (Transfers) Act 1993 (1993 No 23).

Part 2A Right of persons in residential care to review Part 2A: inserted, on 16 December 1997, by section 6(1) of the 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- (b) 14 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 2A s 25B (a) (c) 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.
(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.
Section 25A: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 25A(1)(c): substituted, on 1 July 2005, by section 13(2) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
25B Who may apply for review An application for a review may be made by— (a) (b) a person to whom this Part applies; or 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 manager of the property of the person appointed under the Protection of Personal and Property Rights Act 1988; or (ii) 15 Part 2A s 25C Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 (iii) a close relative of the person, spouse or partner of the person.
including the Section 25B: inserted, on 16 December 1997, by section 6(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Section 25B(b)(iii): substituted, on 26 April 2005, by section 7 of the Relation- ships (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 Director-General; 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 Director-General 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) (b) (c) (d) 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— (i) (ii) enters into a service agreement or an arrangement of the kind described in section 88 of the New Zealand Public Health and Disability Act 2000 with a service provider to provide residential 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, (ii) 16 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 2A s 25D 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.
(4) The Director-General may accept an application for a review after the time stated in subsection (3) if the Director-General is satisfied that there is good reason for the delay.

Section 25C: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

25D Director-General to appoint disability services review (1) (2) officers The Director-General must appoint a sufficient number of per- sons to conduct reviews.
Every review officer must— (a) be suitable, in the opinion of the Director-General, to conduct reviews; and be experienced in relation to the provision of disability services; and have a recognised qualification relating to the provision of disability services.

(b) (c) (3) A review officer may be either— (a) (b) an employee of the Ministry of Health; or a person engaged by the Director-General 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.

Section 25D: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
17 Part 2A s 25E Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 25E Conduct of review (1) A review officer appointed to conduct a review must have re- gard to— (a) (b) (c) the application for the review and any written submis- sions made by or on behalf of the person; and any relevant disability services needs assessment in re- spect of the person; and 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.
(a) (b) (4) A person requested to attend before a review officer— is under no compulsion to do so; and 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.

Section 25E: inserted, on 16 December 1997, by section 6(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).
Section 25E(1)(c): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
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: the residential care services provided to the per- son; or (ii) (iii) (b) decide to make no recommendation concerning the sub- ject matter of the review.
18 (3) (4) (5) Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 2A s 25F (a) (2) A review officer must notify the applicant for the review of— 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) (b) 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.
(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 notified to the Ministry of Health under section 25C(1) or (2); or posted in a letter addressed to the applicant at that address.
(iii) (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 been (a) made; and the number in which recommendations have been made to the Ministry of Health and a summary of those rec- ommendations; and the number of recommendations acted upon by the Min- istry of Health and a summary of the actions taken by the Ministry of Health.
(c) Section 25F: inserted, on 16 December 1997, by section 6(1) of the Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69).

Section 25F(1)(a): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 25F(3): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 25F(3)(b): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

19 Part 3 s 26 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 Section 25F(4)(b)(ii): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 25F(5): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 25F(5)(b): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 25F(5)(c): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 25F(5)(c): amended, on 1 January 2001, pursuant to section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Part 3 Vocational training of the disabled Programme for vocational training The Director-General 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 Director-General shall make such arrangements as he con- siders necessary— (a) for disabled persons to— (i) (ii) (iii) undergo assessment, and undertake work experi- ence or training, for employment: receive education or technical training with a view to employment: obtain practical experience necessary in each case to qualify the disabled person to undertake any employment that, in the opinion of the Dir- ector-General, is suitable having regard to any educational qualifications, skill, or aptitude of that disabled person: undertake employment in a sheltered workshop: (iv) to enable disabled persons to attend an occupational centre for day care.
(b) For the purpose of the foregoing provisions of this section the Director-General may: (a) grant financial assistance towards the expenses of any disabled person undergoing any period of assessment, work experience, training, or education: 26 (1) (2) (3) 20 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 3 s 26 (b) (c) (d) (e) (f) (g) (h) grant financial assistance towards travelling and accom- modation expenses of any disabled person to whom the provisions of paragraph (a) apply in cases where the per- son is required to reside away from his ordinary place of residence: 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 Director-General 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: appoint or approve the appointment of suitably qualified staff necessary to operate any establishment adminis- tered by the Director-General 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, to undertake training or work experience in any of- fice, factory, or other place of employment; and in doing so require that the terms and conditions of the place- ment of the persons with an employer be the subject of an agreement between— (i) the Director-General or any department of State, body corporate, or agent authorised by the Dir- ector-General under section 5; and that employer; and such union registered under the Employment Relations Act 2000 as the Director-General may specify.
(ii) (iii) 21 Part 3 s 27 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 [Repealed] (i) 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 Accident Compensation Act 2001 or from any other source.
Section 26(3)(h): amended, on 16 October 1989, pursuant to section 2(8) of the Labour Department Act Repeal Act 1989 (1989 No 82).

Section 26(3)(h)(iii): substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 26(3)(i): repealed, on 13 September 1979, by section 2(2) of the Dis- abled Persons Community Welfare Amendment Act 1979.

Section 26(4): substituted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 26(4): amended, on 3 March 2010, pursuant to section 5(2) of the Ac- cident Compensation Amendment Act 2010 (2010 No 1).

Section 26(4): amended, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).
Financial assistance to approved agencies Subject to any general or special directions that he may give, the Director-General may from time to time grant financial assistance towards: (a) the remuneration of authorised staff of approved volun- tary or charitable organisations engaged in the training, sheltered employment, and day care of disabled per- sons, or in operating sheltered workshops or occupa- tional 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 co-operatives or any other approved organisations established for the pur- pose of providing full-time or part-time employment for disabled persons: (b) (c) (4) 27 (1) 22 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 4 s 30 (2) 28 (1) (d) the provision of financial assistance to enable a disabled person to become self-employed.
If the organisation or co-operative 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 Director-General 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, the Director-General may, in his discretion, grant a rehabilitation allowance to that person.
(2) Any rehabilitation allowance granted under this section shall be at a rate determined to be appropriate in the circumstances by the Director-General, but shall not in any case exceed the maximum rate that may from time to time be prescribed by regulations made under section 31.

Amendment(s) incorporated in the Act(s).


(3) Part 4 General provisions 29 Financial provisions There shall from time to time be paid out of a Crown Bank Account, from money appropriated by Parliament for the pur- poses of this Act, all remuneration, allowances, and other ex- penditure payable or incurred under or in the administration of this Act.

Section 29: amended, on 25 January 2005, pursuant to section 83(7) of the 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- 23 Part 4 s 30A Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 (2) 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.

(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 Director-General is satisfied that any person whose as- sets or income affect the exercise of the Director-General’s discretion under section 5A has directly or indirectly deprived himself or herself of any income or assets which results in the applicant becoming entitled to receive assistance under this Act, the Director-General may, in the Director-General’s dis- cretion, refuse to grant, reduce, or terminate any assistance to the applicant.
If any person whose assets or income affect the exercise of the Director-General’s discretion under section 5A— (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 secure the whole or any part of the purchase money by mortgage— (ii) (2) the Director-General may, in the Director-General’s discre- tion, set off against the rent or interest that person derives from letting or selling his or her home— (c) any rent payable by that person in respect of the tenancy of another home: any interest payable, or unpaid purchase money ow- ing, by that person in respect of the purchase of another home: (d) 24 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Part 4 s 31 (e) (f) 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.
Section 30A: inserted, on 1 October 1991, by section 5 of the Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).
31 Regulations The Governor-General 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 Director-General 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): [Repealed] [Repealed] 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): providing for the release of medical or other informa- tion necessary for the Director-General 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: prescribing income tests or assets tests in relation to the receiving of financial assistance under this Act: () (b) (c) (d) (e) (f) (g) (h) (i) (j) 25 Part 4 s 32 Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 (k) providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Section 31(d): repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 31(e): repealed, on 1 October 2004, by section 59(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 31(i): substituted, on 1 October 1991, by section 6 of the Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).
Section 31(j): added, on 1 October 1991, by section 6 of the Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).

Section 31(k): added, on 1 October 1991, by section 6 of the Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79).

32 Repeal and amendment [Repealed] Section 32: repealed, on 1 November 1992, by section 137(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).
26 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Disabled Persons Community Welfare Act 1975.
The reprint incorporates all the amendments to the Act as at 3 March 2010, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 27 Notes Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 4 28 Reprinted as at 3 March 2010 Disabled Persons Community Welfare Act 1975 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b) Relationships (Statutory References) Act 2005 (2005 No 3): section 7 Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101): section 13(2) Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1) Local Government Act 2002 (2002 No 84): section 262 Health and Disability Services (Safety) Act 2001 (2001 No 93): sections 58(1), 59(1) Accident Compensation Act 2001 (2001 No 49): section 337(1) New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1) Employment Relations Act 2000 (2000 No 24): section 240 29 Notes Disabled Persons Community Welfare Act 1975 Reprinted as at 3 March 2010 Department of Child, Youth and Family Services Act 1999 (1999 No 82): section 13 Accident Insurance Act 1998 (1998 No 114): section 415(1) Health and Disability Services Amendment Act 1998 (1998 No 74): section 5(4) Disabled Persons Community Welfare Amendment Act 1997 (1997 No 69) Health Sector (Transfers) Act 1993 (1993 No 23): section 26 Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46): section 137(2) Disabled Persons Community Welfare Amendment Act 1991 (1991 No 79) Labour Department Act Repeal Act 1989 (1989 No 182): section 2(8) Public Finance Act 1989 (1989 No 44): section 83(7) Children, Young Persons, and Their Families Act 1989 (1989 No 24): section 456(1) Disabled Persons Community Welfare Amendment Act 1988 (1988 No 146) Disabled Persons Community Welfare Amendment Act 1979 (1979 No 84) Local Government Amendment Act 1978 (1978 No 43): section 4(1) Disabled Persons Community Welfare Act Commencement Order 1976 (SR 1976/284) 12 30 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012