Disability Services Act 1991

The dictionary at the end of this Act defines certain terms used in this Act.

A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

to enable people with disabilities to receive the services necessary to enable them to achieve their maximum potential as members of the community; and

to enable people with disabilities to receive services that—

further their integration into the community and complement services available generally to people in the community; and

enable them to achieve a better quality of life including increased independence, employment opportunities and integration in the community; and

are provided in ways that promote in the community a positive image of people with disabilities and enhance their self-esteem; and

to ensure that the quality of life achieved by people with disabilities as the result of the services provided for them is taken into account in the granting of financial assistance for the provision of those services; and

to promote the provision of high quality and innovative supports to enable people with disabilities to maximise independent lifestyles and full inclusion in the community; and

to provide a system to administer funding for people with disabilities that is flexible and responsive to the needs and aspirations of those people.

A specialist disability service is a service that—

is provided specifically for people with disability; and

is of a type declared by the Minister under subsection (2).

The Minister may declare a type of service to be a specialist disability service.

A declaration may apply, adopt or incorporate an instrument as in force from time to time.

A declaration is a disallowable instrument.

A specialist disability service provider is a person or entity (other than the Territory) that provides specialist disability services, whether or not for profit, but does not include—

a close relative of a person with disability who provides specialist disability services to the person other than as an agent or employee of a specialist disability service provider; or

a person or entity prescribed by regulation.

In this section:

domestic partner; or

Domestic partner—see the Legislation Act, s 169.

father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

uncle, aunt, uncle-in-law or aunt-in-law; or

nephew, niece or cousin.

The Minister may approve standards about the provision of specialist disability services by specialist disability service providers.

Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

An approved standard may apply, adopt or incorporate an instrument as in force from time to time.

An approved standard is a disallowable instrument.

The Minister may approve grants of financial assistance to—

a provider of services; or

a person with a disability; or

a researcher;

The Minister must not approve a grant unless satisfied—

that the grant would further the principles set out in schedule 1 and comply with any guidelines referred to in section 10 (1) (a); and

that the programs and services funded by the grant would comply with the requirements set out in schedule 2.

A person or an organisation may not receive a grant unless the person or organisation enters into an agreement with the Minister in writing about the conditions on which the grant is to be made.

The reference in subsection (1) to an agreement between the Minister and an organisation includes, for an unincorporated association, an agreement between the Minister and a person on behalf of the organisation.

An agreement mentioned in subsection (1)—

if it relates to the provision of services—must state the objectives to be achieved by or in relation to the person receiving the services; and

may include provisions relating to the payment by the grantee to the Minister of an amount equal to the amount of the grant or part of the grant if there is a contravention of a condition.

An agreement mentioned in subsection (1) is subject to the condition that the grantee complies with guidelines (if any) mentioned in section 10 (1) (a) that apply to the grantee.

A reference in an agreement mentioned in subsection (1) to a condition includes the condition mentioned in subsection (4).

a grantee has fulfilled the conditions of grants received by the grantee; and

the objectives stated in the conditions of a grant have been achieved.

At least 1 official visitor must be appointed for this Act under the Official Visitor Act 2012 (the OV Act).

is the operating entity for the place; or

owns or rents the place; or

provides a specialist disability service at the place.

In this part:

means accommodation provided to an entitled person for respite or long-term residential purposes; and

includes—

accommodation that is owned, rented or operated by a specialist disability service provider; and

accommodation at which a specialist disability service provider provides a specialist disability service; and

a residential care home that accommodates the entitled person.

However, a visitable place does not include the following accommodation provided to an entitled person:

a private home if the person receives a specialist disability service at the home only from a person who is not a specialist disability service provider;

a private home if the person lives in the home with at least 1 adult family member who does not receive a specialist disability service from a specialist disability service provider at the home;

accommodation if the only specialist disability service the person receives at the accommodation is a type of service declared by the Minister not to require visitation;

a residential care home if the person is 65 years old or older when they first receive a specialist disability service (whether at the facility or elsewhere).

A declaration for subsection (2) (c) is a disallowable instrument.

In this section:

a domestic partner of the person; or

a relative of the person; or

a child of a domestic partner or former domestic partner of the person; or

a parent of a child of the person.

A domestic partner need not be an adult (see Legislation Act, s 169).

means the person’s—

father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

uncle, aunt, uncle-in-law or aunt-in-law; or

nephew, niece or cousin; and

if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and

if the person is an Aboriginal or Torres Strait Islander person, includes the following people:

someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community;

someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community.