An agreement by a disability service provider to a request for disability services under s 49(2)(a) of the Disability Act 2006 (Vic) does not create an enforceable statutory duty to provide the requested services. The agreement marks acceptance that the person has a disability and is eligible for services when funding becomes available, but mandamus will not lie to compel provision of the agreed services. The beneficial construction principle does not assist where neither construction affects the amount of funding available or whether services are actually provided.
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