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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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; page 2 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 page 3 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 page 4 Disability Services Amendment Bill 2014 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 page 5 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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