Disabled Persons Community Welfare Act 1975

1: Short Title and commencement
1: This Act may be cited as the Disabled Persons Community Welfare Act 1975.
2: Except as provided in subsection (5) of section 12
3: The order is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 5 November 1976 Disabled Persons Community Welfare Act Commencement Order 1976 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— approved specialist
a: approved by the Director-General for the purposes of this Act; or
b: is a member of a class of specialists approved by the Director-General for the purposes of this Act assessment day care Director-General
a: in, or in relation to, Parts 2 2A
b: in, or in relation to, Parts 3 4 Social Security Act 2018
c: otherwise, as appropriate, means that Director-General, or that chief executive, or both disabled person disability support services section 4 Health New Zealand section 4 home 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
b: does not include a hospital care institution within the meaning of section 58(4) lease lessee Māori Health Authority section 4 medical practitioner section 114(1)﻿(a) Minister New Zealand Health Plan section 50 occupational centre partner Social Security Act 2018 residential care services Schedule 2 review officer section 25D(1) service agreement section 4 sheltered employment sheltered workshop section 2 of the Disabled Persons Employment Promotion Act 1960 spouse Social Security Act 2018 training work experience Section 2 Advisory Council Council repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988 Section 2 approved specialist inserted 1 July 1993 section 26(1) Health Sector (Transfers) Act 1993 Section 2 Area Health Board specialist repealed 1 July 1993 section 26(1) Health Sector (Transfers) Act 1993 Section 2 Crown funding agreement repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 department repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 Director-General substituted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 Director-General amended 26 November 2018 section 459 Social Security Act 2018 Section 2 disability services repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 disability support services inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 funder repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2 Health Funding Authority repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 home substituted 1 July 1993 section 26(1) Health Sector (Transfers) Act 1993 Section 2 home substituted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2 hospital board specialist repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2 local authority repealed 1 July 2003 section 262 Local Government Act 2002 Section 2 Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 medical practitioner substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 Minister substituted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 New Zealand Health Plan inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 partner inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 partner amended 26 November 2018 section 459 Social Security Act 2018 Section 2 purchase agreement repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 purchaser repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 regional health authority repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 2 residential care services inserted 16 December 1997 section 2(1) Disabled Persons Community Welfare Amendment Act 1997 Section 2 residential care services amended 26 November 2018 section 459 Social Security Act 2018 Section 2 review officer inserted 16 December 1997 section 2(1) Disabled Persons Community Welfare Amendment Act 1997 Section 2 service agreement replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2 spouse inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 spouse amended 26 November 2018 section 459 Social Security Act 2018
3: Administration
1: This Act is administered as follows:
a: Parts 2 2A
b: the rest of this Act is administered in the department for the time being responsible for the administration of the Social Security Act 2018
2: The Director-General, under the general direction and control of the Minister—
a: carries out the administration of provisions of this Act; and
b: exercises all the powers conferred on the Director-General by this Act. Section 3 substituted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 3(1)﻿(b) amended 26 November 2018 section 459 Social Security Act 2018
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. Section 3A inserted 16 December 1997 section 3(1) Disabled Persons Community Welfare Amendment Act 1997
4: Aims of Minister and Director-General
Without limiting in any way the functions and powers conferred on the Minister or on the Director-General by this Act, the aims of the Minister and the Director-General in the exercise of those functions and powers shall include—
a: to assist and encourage disabled persons to become socially and financially independent:
b: to promote schemes providing for the assessment, work experience, training, sheltered employment, and other suitable activities of disabled persons:
c: to promote the general well-being, recreational opportunities, and welfare in the community of disabled persons by assisting individuals, families, and sections of the community to overcome social problems associated with physical or mental handicap:
d: to assist voluntary or charitable organisations engaged in the provision of services and facilities for the welfare in the community of disabled persons:
e: to foster close working relationships, and (as appropriate) consult, with government departments, Health New Zealand, the Māori Health Authority
f: to co-operate with the Accident Compensation Corporation under the Accident Compensation Act 2001
g: to promote the co-ordination of services and facilities within the community designed to advance the welfare of disabled persons:
h: to encourage and stimulate public interest in the provision of services and facilities for the welfare in the community of disabled persons. Section 4(e) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4(e) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 4(f) substituted 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 4(f) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010
5: Delegation of functions and powers by Director-General
1: With the written consent of the Minister, the Director-General 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.
2: In the case of any such delegation to the Accident Compensation Corporation,—
a: 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:
b: the delegation may authorise the Corporation to subdelegate all or any of the functions and powers delegated to it to any of its agents appointed under clause 25 Accident Compensation Act 2001
3: Subject to any general or special directions given or conditions 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.
4: 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 Director-General.
7: Any such delegation shall, until revoked, continue in force according 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.
8: 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 1 July 1999 Accident Insurance Act 1998 Section 5(2)﻿(b) amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 5(2)﻿(b) amended 1 April 2002 section 337(1) Accident Compensation Act 2001
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 Section 5A inserted 1 October 1991 Disabled Persons Community Welfare Amendment Act 1991 Section 5A amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
1: Advisory Council for the Community Welfare of Disabled Persons
Part 1 repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988
6: Advisory Council
Section 6 repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988
7: Meetings of Advisory Council
Section 7 repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988
8: Function of Council
Section 8 repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988
9: Remuneration and travelling allowances of certain members of Council
Section 9 repealed 26 October 1988 Disabled Persons Community Welfare Amendment Act 1988
2: Promotion of community welfare of disabled persons
Part 2 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Assistance to families and persons Heading repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
10: Director-General may consult others
Section 10 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
11: Family care
Section 11 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
12: Relief for parents and guardians
Section 12 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
13: Expenses and other costs
Section 13 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
14: Grants for incorporating essential features in homes
Section 14 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
15: Provision for walking frames
Section 15 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
15A: Provision of aids and appliances
Section 15A repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
16: Training of young persons
Section 16 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
16A: Grants and loans for purchase of motor vehicles, etc
Section 16A repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993 Assistance to voluntary and charitable organisations Heading repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
17: Assistance to approved organisations
Section 17 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
18: Registration
Section 18 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
19: Director-General may require structural alterations
Section 19 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
20: Further provisions as to cancellation and suspension of registration
Section 20 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
21: Appeal against refusal or cancellation of registration
Section 21 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
22: Inspection
Section 22 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
22A: Building Act 1991
Section 22A repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
23: Application of Children and Young Persons Act 1974
Section 23 repealed 1 November 1989 section 456(1) Children, Young Persons, and Their Families Act 1989 Streets and premises open to public Heading repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
24: Streets, etc
Section 24 repealed 1 April 1979 section 4(1) Local Government Amendment Act 1978
25: Access and facilities to and within buildings
Section 25 repealed 1 November 1997 section 26(2) Health Sector (Transfers) Act 1993
2A: Right of persons in residential care to review
Part 2A inserted 16 December 1997 section 6(1) Disabled Persons Community Welfare Amendment Act 1997
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 funded under the New Zealand Health Plan section 94
c: is not a resident assessed as requiring care, as that term is defined in section 5
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 the New Zealand Health Plan section 94
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 the New Zealand Health Plan section 94
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. Section 25A substituted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25A(1)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 25A(1)﻿(c) substituted 1 July 2005 section 13(2) Social Security (Long-term Residential Care) Amendment Act 2004 Section 25A(1)﻿(c) amended 26 November 2018 section 459 Social Security Act 2018 Section 25A(2)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 25A(2)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
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 the spouse or partner of the person. Section 25B inserted 16 December 1997 section 6(1) Disabled Persons Community Welfare Amendment Act 1997 Section 25B(b)﻿(iii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
25C: Procedure and time limits for applying for review
1: An application for a review must—
a: be made to the Director-General; 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 Director-General 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 Minister of Health—
i: enters into an agreement
ii: enters into an agreement
d: the date on which Health New Zealand or the Māori Health Authority
i: enters into a service agreement or an arrangement of the kind described in section 94
ii: enters into a service agreement or into an arrangement of that kind in renewal of or substitution for a previous service agreement or arrangement, being a renewed or substituted agreement or arrangement that contains a change in the residential 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 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25C(3)﻿(c)﻿(i) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 25C(3)﻿(c)﻿(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 25C(3)﻿(d) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 25C(3)﻿(d)﻿(i) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
25D: Director-General to appoint disability services review officers
1: The Director-General must appoint a sufficient number of persons to conduct reviews.
2: Every review officer must—
a: be suitable, in the opinion of the Director-General, 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 Ministry of Health; or
b: 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 connected in any material way with—
a: any disability services needs assessment made for the person; or
b: the entry into residential care of the person; or
c: the New Zealand Health Plan or any section 94
5: The Ministry of Health must supply all the secretarial and administrative services that the review officer needs to carry out his or her functions. Section 25D substituted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25D(4)﻿(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
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 Ministry of Health
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. Section 25E inserted 16 December 1997 section 6(1) Disabled Persons Community Welfare Amendment Act 1997 Section 25E(1)﻿(c) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
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 Ministry of Health
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 Ministry of Health
a: consider the recommendation and the reasons for it; and
b: take such action in respect of it as the Ministry of Health
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 Ministry of Health section 25C(1) or (2)
iii: posted in a letter addressed to the applicant at that address.
5: The Ministry of Health
a: the number and nature of the applications that have been made; and
b: the number in which recommendations have been made to the Ministry of Health
c: the number of recommendations acted upon by the Ministry of Health Ministry of Health Section 25F inserted 16 December 1997 section 6(1) Disabled Persons Community Welfare Amendment Act 1997 Section 25F(1)﻿(a) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(3) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(3)﻿(b) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(4)﻿(b)﻿(ii) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(5) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(5)﻿(b) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(5)﻿(c) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25F(5)﻿(c) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
3: Vocational training of the disabled
26: Programme for vocational training
1: The Director-General shall, under the general direction and control of the Minister, administer a programme for the training, sheltered employment, and day care of disabled persons.
2: The Director-General shall make such arrangements as he considers necessary—
a: for disabled persons to—
i: undergo assessment, and undertake work experience or training, for employment:
ii: receive education or technical training with a view to employment:
iii: obtain practical experience necessary in each case to qualify the disabled person to undertake any employment that, in the opinion of the Director-General, is suitable having regard to any educational qualifications, skill, or aptitude of that disabled person:
iv: undertake employment in a sheltered workshop:
b: to enable disabled persons to attend an occupational centre for day care.
3: 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:
b: grant financial assistance towards travelling and accommodation expenses of any disabled person to whom the provisions of paragraph (a) apply in cases where the person is required to reside away from his ordinary place of residence:
c: grant financial assistance towards the cost of training or education or clothing, or the obtaining of practical experience or equipment, necessary to enable any disabled person to engage in any occupation that in the opinion of the Director-General is suitable:
d: set up or arrange for facilities for research into aspects of training, sheltered employment, and day care:
e: provide for the instruction and training of staff engaged in the provision of training, sheltered employment, and day care facilities for disabled persons:
f: provide, equip, and administer buildings and institutions for the establishment of facilities for the training, sheltered employment, and day care of disabled persons:
g: appoint or approve the appointment of suitably qualified staff necessary to operate any establishment administered by the Director-General under this Act:
h: provide, or arrange, in consultation with the chief executive of the Department of Labour section 16
i: the Director-General or any department of State, body corporate, or agent authorised by the Director-General under section 5
ii: that employer; and
iii: such union registered under the Employment Relations Act 2000
i:
4: In determining the extent of any financial assistance for disabled persons under subsection (3), the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 the Accident Compensation Act 2001 Section 26(3)﻿(h) amended 16 October 1989 section 2(8) Labour Department Act Repeal Act 1989 Section 26(3)﻿(h)﻿(iii) substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 26(3)﻿(i) repealed 13 September 1979 Disabled Persons Community Welfare Amendment Act 1979 Section 26(4) substituted 1 July 1999 Accident Insurance Act 1998 Section 26(4) amended 26 November 2018 section 459 Social Security Act 2018 Section 26(4) amended 3 March 2010 section 5(2) Accident Compensation Amendment Act 2010 Section 26(4) amended 1 April 2002 section 337(1) Accident Compensation Act 2001
27: Financial assistance to approved agencies
1: 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 voluntary or charitable organisations engaged in the training, sheltered employment, and day care of disabled persons, or in operating sheltered workshops or occupational centres for the disabled:
b: 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:
c: the provision of buildings and equipment and financial assistance required by approved co-operatives or any other approved organisations established for the purpose of providing full-time or part-time employment for disabled persons:
d: the provision of financial assistance to enable a disabled person to become self-employed.
2: If the organisation or co-operative to which any financial assistance 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.
28: Rehabilitation allowance
1: 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
3: Amendment(s) incorporated in the Act(s)
4: General provisions
29: Financial provisions
There shall from time to time be paid out of a Crown Bank Account Section 29 amended 25 January 2005 section 83(7) Public Finance Act 1989
30: Provisions in special circumstances
1: Notwithstanding anything to the contrary in this Act, the Minister may make such special arrangements as in the circumstances he considers advisable, for the purpose of providing that adequate services instead of or in addition to the assistance provided for by this Act, will be made available for the benefit of any person or classes of persons.
2: The Minister may, from time to time as occasion requires in any particular case or class of case, make such special arrangements as in his opinion are necessary for the effective operation of this Act and of any regulations made pursuant to section 31
3: All fees and other money payable in respect of any arrangements 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 assets or income affect the exercise of the Director-General's discretion under section 5A
2: If any person whose assets or income affect the exercise of the Director-General's discretion under section 5A
a: lets his or her home; or
b: sells it on terms that—
i: provide for the payment of the whole or any part of the purchase money by instalments; or
ii: secure the whole or any part of the purchase money by mortgage— the Director-General may, in the Director-General's discretion, 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:
d: any interest payable, or unpaid purchase money owing, by that person in respect of the purchase of another home:
e: any interest payable by that person, or any money advanced to that person, for the purchase of another home:
f: 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 1 October 1991 Disabled Persons Community Welfare Amendment Act 1991
31: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
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:
b: prescribing the terms and conditions under which financial assistance may be granted to voluntary and charitable organisations under this Act:
c: prescribing the terms and conditions under which special arrangements may be made under section 26(2)
d:
e:
f: prescribing the conditions under which the staff of voluntary or charitable organisations may be regarded as authorised for the purposes of section 27(1)﻿(a)
g: providing for the release of medical or other information necessary for the Director-General to carry out his functions under this Act:
h: prescribing the maximum rates of rehabilitation allowances:
i: prescribing fees for the registration of homes under section 18
j: prescribing income tests or assets tests in relation to the receiving of financial assistance under this Act:
k: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(1)﻿(d) repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Section 31(1)﻿(e) repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Section 31(1)﻿(i) substituted 1 October 1991 Disabled Persons Community Welfare Amendment Act 1991 Section 31(1)﻿(j) added 1 October 1991 Disabled Persons Community Welfare Amendment Act 1991 Section 31(1)﻿(k) added 1 October 1991 Disabled Persons Community Welfare Amendment Act 1991 Section 31(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Repeal and amendment
Section 32 repealed 1 November 1992 section 137(2) Mental Health (Compulsory Assessment and Treatment) Act 1992