Disabled Persons Community Welfare Amendment Act 1997

1: Short Title and commencement
1: This Act may be cited as the Disabled Persons Community Welfare Amendment Act 1997, and is part of the Disabled Persons Community Welfare Act 1975 the principal Act
2: This Act comes into force on the day after the date on which it receives the Royal assent, except for sections 2 3 6
2: Interpretation
1: Section 2 Disability services section 2 of the Health and Disability Services Act 1993 Purchase agreement
a: Means an agreement under which a purchaser agrees to provide money to a person in return for the person—
i: Providing health services or disability services or both; or
ii: Arranging the provision of health services or disability services or both; and
b: Includes terms and conditions—
i: Of which notice is given under section 51(1) of the Health and Disability Services Act 1993
ii: That are accepted in accordance with that subsection: Purchaser section 2 of the Health and Disability Services Act 1993 Residential care services section 3(1) of the Social Security Act 1964 Review officer section 25D(1) .
2: This section comes into force 3 months after the date on which this Act receives the Royal assent.
3: New sections substituted
1: The principal Act is amended by repealing section 3
3: Administration
This Act is administered as follows:
a: Part 2A
b: The rest of the Act is administered in the Department of Social Welfare by the Director-General:
c: The Director-General—
i: Carries out that administration; and
ii: Exercises all the powers conferred on the Director-General by this Act— under the general direction and control of the Minister of Social Welfare.
3A: Effect on Disabled Persons Employment Promotion Act 1960
Nothing in this Act restricts—
a: The Disabled Persons Employment Promotion Act 1960
b: Any Act providing for the rehabilitation and placement in employment of sick or disabled persons.
2: This section comes into force 3 months after the date on which this Act receives the Royal assent.
4: Registration
1:
2: This subsection amended s 18(3) Subsection (1) repealed 1 October 2002 57(2)(c) Health and Disability Services (Safety) Act 2001 See section 57(1) section 11
5: Inspection
1: This subsection substituted s 22(1)(b) s 22(1)(c)
2: Section 4 of the Disabled Persons Community Welfare Amendment Act 1988
6: New Part inserted
1: The principal Act is amended by inserting, after section 25
2A: Right of persons in residential care to review
25A: Right of review
1: This Part applies to a person who—
a: Has an intellectual, physical, psychiatric, or sensory disability; and
b: Because of that disability, enters residential care of a kind that is purchased by the regional health authority; and
c: Is not a person to whom section 69F of the Social Security Act 1964 Subsection (2) Subsection (3)
2: A person to whom this Part applies has a right to a review of—
a: The adequacy of any disability services needs assessment provided in respect of that person under a purchase agreement with the regional health authority; or
b: Whether or not the person's disability services needs, as assessed by a disability services needs assessment provided in respect of that person under a purchase agreement with the regional health authority, are appropriately met by—
i: The residential care the person entered following the disability services needs assessment; or
ii: The residential care services purchased for the person following the disability services needs assessment.
3: A person to whom this Part applies has no right to a review if, in relation to the matter sought to be reviewed,—
a: The person has a right of review, or rights of review, provided, or provided for, by the regional health authority—
i: In compliance with an objective notified to it under section 8(1)(c) of the Health and Disability Services Act 1993
ii: Under the terms and conditions of the funding agreement entered into by it under section 21 of that Act
iii: In compliance with a direction given to it under section 25(1) of that Act
b: The person has not exhausted that right of review or those rights of review.
25B: Who may apply for review
An application for a review may be made by—
a: A person to whom this Part applies; or
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
ii: 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
iii: A close relative of the person, including, a person who has a relationship in the nature of marriage with the person.
25C: Procedure and time limits for applying for review
1: An application for a review must—
a: Be made to the regional health authority; and
b: Be in writing; and
c: Contain an address at which the applicant wishes to receive correspondence relating to the review.
2: An applicant for a review may at any time change the address for correspondence by notifying the authority in writing 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
b: The date on which the person enters residential care; or
c: The date on which the authority—
i: Enters into a purchase agreement with a service provider to provide residential care services to the person; or
ii: Enters into a purchase agreement in renewal of or substitution for a previous purchase agreement, being a renewed or substituted agreement that contains a change in the residential care services to be provided to the person; or
d: The date on which, if the person has a right of review, or rights of review, of a kind referred to in section 25A(3)(a)
4: The regional health authority may accept an application for a review after the time specified in subsection (3)
a: The authority is satisfied that there is good reason for the delay; or
b: Both the following apply:
i: One of these events occurred before this section came into force: the disability services needs assessment was obtained; or the entry into residential care took place; or the purchase agreement was entered into; or the person was notified of the outcome of the last review of a kind referred to in section 25A(3)(a)
ii: The authority is satisfied that there was no undue delay in applying for the review.
25D: Regional health authority to appoint disability services review officers
1: The regional health authority must appoint from time to time a sufficient number of persons to conduct reviews.
2: Every review officer must—
a: Be suitable, in the opinion of the regional health authority, to conduct reviews; and
b: Be experienced in relation to the provision of disability services; and
c: Have a recognised qualification relating to the provision of disability services.
3: A review officer may be either—
a: An employee of the regional health authority; or
b: A person engaged by the regional health authority to conduct a particular review or reviews generally. The person may carry out other functions for the authority and may be engaged by purchase agreement or otherwise.
4: A review officer must not conduct a review if he or she was connected in any material way with—
a: Any disability services needs assessment made in relation to the person; or
b: The entry into residential care of the person; or
c: Any purchase agreement for residential care services for the person.
5: The regional health authority must supply all the secretarial and administrative services that the review officer needs to carry out his or her functions.
25E: Conduct of review
1: A review officer appointed to conduct a review must have regard to—
a: The application for the review and any written submissions made by or on behalf of the person; and
b: Any relevant disability services needs assessment in respect of the person; and
c: Any explanation or submissions made by the regional health authority 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 relevant to the review.
4: A person requested to attend before a review officer—
a: Is under no compulsion to do so; and
b: Has the same privileges in relation to answering questions put by the review officer or providing information to the review officer as witnesses have in courts of law.
25F: Outcome of review
1: A review officer who has conducted a review must, after considering the matter, either—
a: Make such recommendations as he or she thinks fit to the regional health authority concerning any 1 or more of the following matters:
i: The disability services needs assessment in respect of the person:
ii: The residential care of the person:
iii: The residential care services provided to the person; or
b: Decide to make no recommendation concerning the subject-matter of the review.
2: A review officer must notify the applicant for the review of—
a: Any recommendation or decision made by the review officer; and
b: The reasons for any such recommendation or decision.
3: The regional health authority has a public duty to—
a: Consider the recommendation and the reasons for it; and
b: Take such action in respect of it as the regional health authority considers appropriate; and
c: Notify the applicant for the review of the action it has taken.
4: Every notification under this section to the applicant for the review must—
a: Be in writing; and
b: Be—
i: Delivered personally to the applicant; or
ii: Left at the last address for correspondence notified to the authority under section 25C(1) or (2)
iii: Posted in a letter addressed to the applicant at that address.
5: The regional health authority must include in its annual report a statement setting out, in respect of the year to which the report relates, the following information in relation to reviews:
a: The number and nature of the applications that have been made; and
b: The number in which recommendations have been made to the regional health authority and a summary of those recommendations; and
c: The number of recommendations acted upon by the regional health authority and a summary of the actions taken by the authority.
2: This section comes into force 3 months after the date on which this Act receives the Royal assent.