Document ID: chunk:federal_register_of_legislation:C2025C00162:section:32
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 32
Character Range: 386060–387142

32  Approval of sheltered employment—non‑profit organisation
 (1) If the Secretary is satisfied that:
 (a) one of the following provides paid employment for disabled persons at certain premises:
 (i) an entity registered under the Australian Charities and Not‑for‑profits Commission Act 2012;
 (ii) a not‑for‑profit entity that is not an ACNC type of entity; and
 (b) at least 50% of the persons employed at the premises are disabled persons;
the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.
Note: Sheltered employment is relevant to the definition of gainful employment in section 19.
 (2) For the purposes of subsection (1), a disabled person is a person:
 (a) who is:
 (i) permanently incapacitated for work; and
 (ii) the degree of the incapacity for work is 85% or more; and
 (iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or
 (b) who, in the Secretary's opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.