2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Community Services)
Disability Services Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Financial assistance for providers of services
Section 6 (2) (b)	2
	5	Conditions of grants
Section 7 (4)	2
	6	New sections 11 and 12	3
	7	Human Rights Commission Act 2005, new section 40 (b) (va)	4

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Community Services)
Disability Services Amendment Bill 2012

A Bill for
An Act to amend the Disability Services Act 1991, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Disability Services Amendment Act 2012.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Disability Services Act 1991.
Note	This Act also amends the Human Rights Commission Act 2005 (see s 7).
4	Financial assistance for providers of services
Section 6 (2) (b)
after
schedule 2
insert
and any relevant standards approved under section 11 (Disability service standards)
5	Conditions of grants
Section 7 (4)
substitute
	(4)	An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with—
	(a)	guidelines (if any) mentioned in section 10 (1) (a) that apply to the grantee; and
	(b)	standards (if any) mentioned in section 11 that apply to the grantee.
6	New sections 11 and 12
insert
11	Disability service standards
	(1)	The Minister may approve standards about the provision of services for people with disabilities.
Note	Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).
	(2)	An approval or an approved standard may apply, adopt or incorporate an instrument as in force from time to time.
	(3)	An approval is a disallowable instrument.
Note 1	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2	An amendment or repeal of an approval is also a disallowable instrument (see Legislation Act, s 46 (2)).
12	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to standards mentioned in section 11, including the following:
	(a)	the entities that must comply with the standards;
	(b)	performance measures for measuring compliance with the standards;
	(c)	the monitoring of compliance with the standards;
	(d)	the enforcement of compliance with the standards;
	(e)	the consequences of failing to comply with the standards.
	(3)	A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
7	Human Rights Commission Act 2005, new section 40 (b) (va)
insert
	(va)	standards (if any) approved under the Disability Services Act 1991, section 11 (Disability service standards);

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 May 	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012