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This is a Bill, not an Act. For current law, see the Acts databases.


DISABILITY SERVICES AMENDMENT BILL 2014

                   Western Australia


Disability Services Amendment Bill 2014

                        Contents

1.   Short title                                              2
2.   Commencement                                             2
3.   Act amended                                              2
4.   Part 4B inserted                                         2
     Part 4B -- Trial of disability services model
     26D.      Purpose of this Part                      2
     26E.      Terms used                                2
     26F.      Effect of certain terms in the NDIS Act   3
     26G.      Trial of disability services model        3
     26H.      Trial participants                        4
     26I.      Reasonable and necessary supports for
               participants                              5
5.   Section 56 amended                                       5
6.   Section 57A inserted                                     6
     57A.      Regulations may refer to published
               documents                                 6




                         62--1                                page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


     Disability Services Amendment Bill 2014

                               A Bill for


An Act to amend the Disability Services Act 1993.



The Parliament of Western Australia enacts as follows:




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     Disability Services Amendment Bill 2014



     s. 1




1    1.       Short title
2             This is the Disability Services Amendment Act 2014.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent (assent day);
7              (b) the rest of the Act --
8                       (i) if assent day is before 1 July 2014 -- on
9                           1 July 2014;
10                     (ii) otherwise -- on the day after assent day.

11   3.       Act amended
12            This Act amends the Disability Services Act 1993.

13   4.       Part 4B inserted
14            After section 26C insert:
15


16            Part 4B -- Trial of disability services model
17          26D.    Purpose of this Part
18                  The purpose of this Part is to facilitate the trial in WA
19                  of a model for providing disability services, in order to
20                  enable the comparison of the model to the National
21                  Disability Insurance Scheme model.

22          26E.    Terms used
23                  In this Part --
24                  National Disability Insurance Scheme has the
25                  meaning given in the NDIS Act section 9;



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                                Disability Services Amendment Bill 2014



                                                                        s. 4



1            NDIS Act means the National Disability Insurance
2            Scheme Act 2013 (Commonwealth);
3            participant means a participant in a trial;
4            trial means a trial conducted by the Commission under
5            section 26G(1).

6    26F.    Effect of certain terms in the NDIS Act
7            When the Commission is assessing whether or not a
8            criterion or requirement in the NDIS Act has been met
9            for the purposes of this Part, a reference in the NDIS
10           Act to a term listed in the Table is to be read as if it
11           were a reference to the corresponding term.
12                                     Table
                  NDIS Act term              Corresponding term

             CEO                          Commission

             National Disability          this Act
             Insurance Scheme

             National Disability          regulations made under
             Insurance Scheme rules       this Act

13   26G.    Trial of disability services model
14     (1)   The Commission may, in one or more areas prescribed
15           by the regulations, conduct a trial of a model for
16           providing disability services that meets the objectives
17           set out in subsection (2).
18     (2)   The objectives of the model include --
19            (a) providing people with disability with
20                  reasonable and necessary supports; and




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     Disability Services Amendment Bill 2014



     s. 4



1                    (b)    enabling people with disability to exercise
2                           choice and control in the pursuit of their goals
3                           and the planning and delivery of their supports.
4             (3)   The regulations may prescribe one or more periods
5                   during which a trial is to be conducted.

6           26H.    Trial participants
7             (1)   The Commission must ensure that a person does not
8                   participate in a trial unless the Commission is satisfied
9                   that at the time the person becomes a participant --
10                    (a) either --
11                              (i) the person has not reached 65 years of
12                                  age; or
13                             (ii) the person belongs to a class of persons
14                                  approved by the Commission for the
15                                  purposes of this paragraph;
16                           and
17                    (b) the person meets the residence requirements in
18                           the NDIS Act section 23(1)(a) and (b); and
19                    (c) either --
20                              (i) the person meets the disability
21                                  requirements in the NDIS Act
22                                  section 24; or
23                             (ii) the person meets the early intervention
24                                  requirements in the NDIS Act
25                                  section 25;
26                           and
27                    (d) the person meets any other requirement
28                           prescribed by the regulations.
29            (2)   For the purposes of subsection (1)(b), in deciding
30                  whether or not a person meets the residence
31                  requirement in the NDIS Act section 23(1)(a), the


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                                                                                 s. 5



1                     Commission must have regard to the matters set out in
2                     the NDIS Act section 23(2).

3           26I.      Reasonable and necessary supports for participants
4               (1)   In this section --
5                     plan, in relation to a participant, means the plan for the
6                     participant that is prepared in accordance with the
7                     Commission's requirements;
8                     support means --
9                       (a) financial assistance granted under section 24; or
10                      (b) a disability service provided by the
11                             Commission.
12              (2)   Before providing support to, or in relation to, a
13                    participant, the Commission must be satisfied that --
14                      (a) the support will assist the participant to pursue
15                            the goals, objectives and aspirations set out in
16                            the participant's plan; and
17                     (b) the support meets the criteria set out in the
18                            NDIS Act section 34(1)(b) to (f).
19


20   5.         Section 56 amended
21        (1)   In section 56 delete "The Governor" and insert:
22

23              (1)   The Governor
24

25        (2)   At the end of section 56 insert:
26

27              (2)   Without limiting subsection (1), regulations may
28                    provide for any matter for which rules can be made
29                    under the NDIS Act.
30



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     Disability Services Amendment Bill 2014



     s. 6



1    6.       Section 57A inserted
2             After section 56 insert:
3


4           57A.    Regulations may refer to published documents
5             (1)   Regulations made for the purposes of this Act may
6                   adopt the text of any published document specified in
7                   the regulations --
8                     (a) as that text exists at a particular date; or
9                     (b) as that text may from time to time be amended.
10            (2)   The text may be adopted --
11                   (a) wholly or in part; or
12                   (b) as modified by the regulations.
13            (3)   The adoption may be direct (by reference made in the
14                  regulations), or indirect (by reference made in any text
15                  that is itself directly or indirectly adopted).
16            (4)   The adoption of text is of no effect unless --
17                   (a) the adopted text; and
18                   (b) if text is adopted as it may be amended from
19                         time to time, either --
20                            (i) the amendments to the text; or
21                           (ii) the text as amended,
22                  can at all reasonable times be inspected or purchased
23                  by the public.
24


25




 


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