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Sheltered Employment (Assistance) Act 1967

Act No. 22 of 1967 as amended, taking into account amendments up to Act No. 216, 1973
Registered 07 Dec 2009
Start Date 31 Dec 1973
End Date 09 Dec 1974
Date of repeal 09 Dec 1974
Repealed by Handicapped Persons Assistance Act 1974

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967 [Note: This Act is "repealed" by Act No. 134 of 1974]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - TABLE OF PROVISIONS

TABLE


SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Repeal of Disabled Persons Accommodation Act
5. Definitions
6. Administration
7. Sheltered employment

PART II-GRANTS IN RESPECT OF APPROVED PROJECTS

8. Interpretation
9. Approved projects
10. Grants

PART III-GRANTS IN RESPECT OF RENT OF APPROVED PREMISES

11. Definition
12. Approval of premises
13. Grants

PART IV-GRANTS IN RESPECT OF APPROVED EQUIPMENT

14. Definitions
15. Approval of equipment
16. Grants

PART IVA-TRAINING FEES FOR ELIGIBLE ORGANIZATIONS

16A. Definition
16B. Training fees

PART IVB-FINANCIAL ASSISTANCE IN RESPECT OF APPROVED OFFICERS

16C. Definition
16D. Approved officers
16E. Financial assistance towards meeting the cost of remuneration

PART V-GENERAL

16F. Definition
17. Terms and conditions of grants
18. Grants to be made as agreed
19. Delegation by the Director-General
20. Moneys to be appropriated
21. Regulations

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 1.
Short title.

SECT

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973
Title amended by No. 136, 1973, s. 4. An Act to provide for Assistance by Australia towards the Provision of Sheltered Employment and Accommodation for certain Disabled Persons.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Sheltered Employment (Assistance) Act 1967-1973.*

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 4.
Repeal of Disabled Persons Accommodation Act.

SECT

4. (1) The Disabled Persons Accommodation Act 1963 is repealed.

(2) Notwithstanding the repeal effected by the last preceding sub-section, the Disabled Persons Accommodation Act 1963 continues to apply in relation to any grants of money made under that Act before its repeal.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 5.
Definitions.

SECT

Amended by No. 84, 1970, s. 4; No. 136, 1973, s. 4; and No. 216, 1973, s. 3.
5. In this Act, unless the contrary intention appears-

''approved person'' means-

(a) a disabled person engaged in sheltered employment or in any other employment, occupation or business; or

(b) a person who, because of a disability, needs special residential accommodation to allow him to engage in sheltered employment or in any other employment, occupation or business;

''disabled person'' means a person-

(a) who is, for the purposes of Division 3 of Part III of the Social Services Act 1947-1967, permanently incapacitated for work or whose physical or mental condition is such that, in the opinion of the Director-General, he would become so permanently incapacitated for work if he were not provided with sheltered employment; or

(b) who is permanently blind;

''eligible organization'' means-

(a) an organization (other than an organization conducted or controlled by, or by persons appointed by, the Government of Australia or of a State) that is carried on otherwise than for the purpose of profit or gain to its individual members and is-
(i) a religious organization;

(ii) an organization the principal objects or purposes of which are charitable or benevolent;

(iii) an organization of former members of the Defence Force established in every State or a State branch of such an organization; or

(iv) an organization approved by the Governor-General for the purposes of this Act; and

(b) a local governing body,

and includes-

(c) the trustee or trustees under a trust established by an organization referred to in paragraph (a) of this definition or by a local governing body;

(d) a corporation established by such an organization or by a local governing body; and

(e) the trustee or trustees under a trust established for charitable or benevolent purposes and approved by the Governor-General for the purposes of this Act;

''local governing body'' means a local governing body established by or under a law of a State or a Territory;

''organization'' includes a society and an association;

''sheltered employment'' means employment that, by virtue of a direction under section 7 of this Act, is, for the purposes of this Act, sheltered employment;

''the Director-General'' means the Director-General of Social Services.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 6.
Administration.

SECT

6. The Director-General has, subject to any directions of the Minister, the general administration of this Act.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 7.
Sheltered employment.

SECT

7. Where the Minister is satisfied that-

(a) an eligible organization provides paid employment, or proposes to provide paid employment, for disabled persons at any premises; and

(b) the persons, or a substantial number of the persons, employed or to be employed at those premises are or will be disabled persons,
the Minister may, by instrument in writing, direct that paid employment provided at those premises by the organization is, for the purposes of this Act, sheltered employment.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 8.
Interpretation.

SECT

PART II-GRANTS IN RESPECT OF APPROVED PROJECTS
Sub-section (1) amended by No. 84, 1970, s. 5; No. 136, 1973, s. 4; and No. 216, 1973, s. 3.
8. (1) In this Part, unless the contrary intention appears-

''approved project'' means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under the next succeeding section;

''building'' includes a part of a building and an addition to a building;

''government authority'' means an authority established by or under a law of Australia, a State or a Territory, but does not include a local governing body;

''the capital cost'', in relation to an approved project, means-

(a) where the approved project is the purchase or proposed purchase of land-the sum of-

(i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Director-General, in his discretion, determines;

(ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Director-General is satisfied are used or are to be used for or in connexion with providing sheltered employment or providing residential accommodation for approved persons or providing both sheltered employment and residential accommodation for approved persons) as the Director-General considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and

(iii) such amount as the Director-General is satisfied is the cost of making any alterations or additions to any building or other improvement on the land that the Director-General is satisfied are necessary for or in connexion with providing sheltered employment or providing residential accommodation for approved persons or providing both sheltered employment and residential accommodation for approved persons; or

(b) where the approved project is the construction or alteration, or proposed construction or alteration, of a building or other improvement on land-such amount as the Director-General is satisfied is the cost of constructing or altering the building or other improvement.

(2) For the purposes of this Part, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Director-General approves.
Amended by No. 84, 1970, s. 5.

(3) Where-

(a) an approved project is the construction, or proposed construction, by an eligible organization of a building to be used for or in connexion with providing residential accommodation for approved persons; and

(b) the land on which the building is or is to be constructed was purchased by the eligible organization before the twenty-eighth day of November, One thousand nine hundred and sixty-six,
the Director-General may direct that there shall be added to the amount that is the capital cost of the project for the purposes of this Act such amount in respect of the whole or a part of the land as the Director-General, in his discretion, determines.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 9.
Approved projects.

SECT

Sub-section (1) amended by No. 84, 1970, s. 6.
9. (1) Subject to this section, where the Director-General is satisfied that-

(a) an eligible organization-

(i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or

(ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and

(b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by or on behalf of the organization for or in connexion with providing sheltered employment or providing residential accommodation for approved persons or providing both sheltered employment and residential accommodation for approved persons,
the Director-General may, in his discretion, approve, for the purposes of this Part, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.

(2) Where an eligible organization had, before the commencement of this Act, purchased any land, or constructed or altered or commenced to construct or alter a building or any other improvement on land, the Director-General shall not approve the purchase, or the construction or alteration, as the case may be, under the last preceding sub-section unless the purchase had been made on or after the twenty-eighth day of November, One thousand nine hundred and sixty-six, or the construction had been commenced on or after that date or had been commenced, but had not been completed, before that date.

(3) Notwithstanding anything contained in the last preceding sub-section, the Director-General may, under sub-section (1) of this section, approve the purchase by an eligible organization of land on which a building is erected or the construction by an eligible organization of a building, if he would, had the Act repealed by this Act remained in force and the organization been an eligible organization for the purposes of that Act, have been empowered under section 6 of that Act to approve that building.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 10.
Grants.

SECT

Sub-section (1) amended by No. 136, 1973, s. 4.
10. (1) The Director-General may, in his discretion, on behalf of Australia, make a grant of moneys in accordance with this Act to an eligible organization as assistance towards meeting the capital cost of an approved project.

(2) Subject to this section, the amount of a grant in respect of an approved project shall not exceed-

(a) two-thirds of the capital cost of the project; or

(b) twice the amount of the funds of the eligible organization available for expenditure towards the capital cost of the project,
whichever is the less.
Amended by No. 136, 1973, s. 3.

(3) For the purposes of the last preceding sub-section, the amount of the funds of an eligible organization available for expenditure towards the capital cost of an approved project shall be deemed to be the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the organization towards the capital cost of the project, being moneys that the Director-General is satisfied-

(a) in the case of an organization that is not a local governing body-did not become available as a result of the borrowing of those moneys or any other moneys by the organization, and were not received by the organization from the Government of Australia or of a State or from a government authority;

(b) in the case of an organization that is a local governing body-were not received by the organization (otherwise than as a result of the borrowing of those moneys by the organization) from the Government of Australia or of a State or from a government authority; and

(c) in the case of an organization that is not a local governing body but which received the moneys from a local governing body-were not received by the local governing body (otherwise than as a result of the borrowing of those moneys by the local governing body) from the Government of Australia or of a State or from a government authority.

(4) The Director-General shall not make or agree to make a grant under this section to an eligible organization in respect of an approved project unless he is satisfied that the sum of the moneys (if any) expended, and the moneys presently available for expenditure, by the organization towards the capital cost of the project, together with the amount of the grant, will be not less than the capital cost of the project.

(5) Payment of a grant under this section in respect of an approved project shall not be made except to a corporation in which, or the trustees in whom, there is vested or to be vested-

(a) where the approved project is the purchase or proposed purchase of land-that land; or

(b) where the approved project is the construction or alteration, or proposed construction or alteration, of a building or other improvement-the land on which the building is situated or is to be constructed.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 11.
Definition.

SECT

PART III-GRANTS IN RESPECT OF RENT OF APPROVED PREMISES
11. In this Part, ''approved premises'' means premises approved under the next succeeding section.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 12.
Approval of premises.

SECT

12. Where the Director-General is satisfied that premises of which an eligible organization is the tenant are used by or on behalf of the organization for or in connexion with providing sheltered employment, he may, in his discretion, approve those premises for the purposes of this Part.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 13.
Grants.

SECT

Sub-section (1) amended by No. 136, 1973, s. 4.
13. (1) The Director-General may, in his discretion, on behalf of Australia, make a grant of moneys in accordance with this Act to an eligible organization as assistance towards meeting any rent payable by or on behalf of the organization in respect of approved premises.

(2) The amount of a grant under this section in respect of rent payable in respect of premises shall not exceed two-thirds of the amount of that rent.

(3) A grant or grants under this section shall not be made-

(a) in respect of rent payable in respect of a period that commenced before the date of commencement of this Act; or

(b) in respect of rent payable in respect of a period of more than three years or periods that aggregate more than three years.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 14.
Definitions.

SECT

PART IV-GRANTS IN RESPECT OF APPROVED EQUIPMENT
14. In this Part, unless the contrary intention appears-

''approved equipment'' means equipment approved under the next succeeding section;

''the cost'', in relation to the purchase by an eligible organization of approved equipment, means the sum of the amount that the Director-General is satisfied is the cost of purchasing the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Director-General determines.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 15.
Approval of equipment.

SECT

15. Where-

(a) an eligible organization that provides sheltered employment at any premises proposes to purchase any equipment; and

(b) the Director-General is satisfied that the equipment is to be used by persons engaged in sheltered employment at those premises or otherwise for or in connexion with the undertaking carried on by the eligible organization at those premises,
the Director-General may, in his discretion, approve that equipment for the purposes of this Part.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16.
Grants.

SECT

Sub-section (1) amended by No. 136, 1973, s. 4.
16. (1) The Director-General may, in his discretion, on behalf of Australia, make a grant of moneys in accordance with this Act to an eligible organization as assistance towards meeting the cost of the purchase by the organization of approved equipment.

(2) The amount of a grant to an eligible organization under this section in respect of approved equipment shall not exceed two-thirds of the cost of the purchase by the organization of the equipment.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16A.
Definition.

SECT

PART IVA-TRAINING FEES FOR ELIGIBLE ORGANIZATIONS
Part IVA inserted by No. 84, 1970, s. 7.
Inserted by No. 84, 1970, s. 7.
16A. In this Part, ''normal employment'', in relation to a person, means-

(a) full-time employment of the person with an employer at rates of pay normally paid in respect of employment in the occupation concerned; or

(b) full-time engagement (other than as an employee) of the person in any employment, occupation or business that provides, or will provide, the person with an income at an annual rate not less than an amount per annum equal to the aggregate of the amount included in the annual rate specified in paragraph (a) of sub-section (1A) of section 28 of the Social Services Act 1947-1970 and the amount specified in paragraph (a) of sub-section (2) of that section.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16B.
Training fees.

SECT

Inserted by No. 84, 1970, s. 7.
16B. (1) Where-

(a) a disabled person who has completed a continuous period of not less than six months' sheltered employment provided by an eligible organization completes, on or after the commencement of this Part, a further continuous period of twelve months' normal employment;

(b) the two periods are continuous with one another or are separated by an interval that is so short that, in the opinion of the Director-General, it is not significant for the purposes of this section; and

(c) the Director-General is satisfied that the training given to the disabled person during the period of sheltered employment contributed significantly to the ability of that person to engage in the normal employment,
the Director-General may, in his discretion, pay to the organization a training fee of Five hundred dollars.

(2) The Director-General may, by reason of special circumstances, direct that two or more periods of normal employment of a person and the intervals that separate them shall, together, be treated, for the purposes of paragraph (a) of the last preceding sub-section, as one continuous period of normal employment.

(3) A claim for the payment of a fee under this section shall be lodged with the Director-General within a period of six months, or such longer period as the Director-General approves in a particular case, commencing at the expiration of the period of twelve months' normal employment to which the claim relates.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16C.
Definition.

SECT

PART IVB-FINANCIAL ASSISTANCE IN RESPECT OF APPROVED OFFICERS
Part IVB inserted by No. 84, 1970, s. 7.
Inserted by No. 84, 1970, s. 7.
16C. In this Part, ''approved officer'' means a person in respect of whom a direction is in force under the next succeeding section.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16D.
Approved officers.

SECT

Inserted by No. 84, 1970, s. 7.
16D. Where-

(a) a person is employed by an eligible organization wholly or partly to provide services of a supervisory, medical, counselling or other kind in connexion with the employment of disabled persons in sheltered employment provided by the organization; and

(b) the Director-General is satisfied that some or all of the services provided, or to be provided, by the person would not be required if the employment in connexion with which those services are provided, or to be provided, were not sheltered employment,
the Director-General may, by instrument in writing, direct that the first-mentioned person be regarded as an approved officer for the purposes of this Part.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16E.
Financial assistance towards meeting the cost of remuneration.

SECT

Inserted by No. 84, 1970, s. 7.
16E. Where an eligible organization employs an approved officer, the Director-General may, in his discretion, pay to the organization, by way of financial assistance towards meeting the cost to the organization of the remuneration of the approved officer in respect of any period commencing after the commencement of this Part, an amount calculated having regard to the services provided by the officer during that period that would not have been required if the employment in connexion with which the services were provided had not been sheltered employment, but not, in any event, exceeding one-half of the amount of that remuneration.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 16F.
Definition.

SECT

PART V-GENERAL
Inserted by No. 84, 1970, s. 8.
16F. In this Part, ''grant'' or ''grant under this Act'' includes a payment under Part IVA or Part IVB of this Act.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 17.
Terms and conditions of grants.

SECT

17. (1) A grant to an eligible organization under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Director-General thinks fit.

(2) Before making a grant under this Act to an eligible organization, the Director-General may require the organization to enter into an agreement with him with respect to the terms and conditions upon which the grant is to be made.
Amended by No. 136, 1973, s. 4.

(3) An agreement under the last preceding sub-section may, if the Director-General considers the circumstances so require, include provision for the repayment of the grant to Australia in the event of a breach of the agreement, and for the giving of security for the carrying out of the agreement.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 18.
Grants to be made as agreed.

SECT

18. A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Director-General and the eligible organization or, in the absence of such an agreement, by the Director-General.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 19.
Delegation by the Director-General.

SECT

19. (1) The Director-General may, by instrument in writing, delegate to a person, either generally or otherwise as provided in the instrument of delegation, all or any of his powers or functions under this Act (except this power of delegation).

(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3) A delegation under this section is revocable at will and does not prevent the exercise of the power or the performance of the function by the Director-General.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 20.
Moneys to be appropriated.

SECT

20. Grants under this Act are payable out of moneys appropriated by the Parliament for the purposes of this Act.

SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - SECT. 21.
Regulations.

SECT

21. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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SHELTERED EMPLOYMENT (ASSISTANCE) ACT 1967-1973 - NOTE


NOTE
1. The Sheltered Employment (Assistance) Act 1967-1973 comprises the Sheltered Employment (Assistance) Act 1967 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Sheltered Employment
(Assistance) Act 1967 No. 22, 1967 12 May 1967 30 June 1967 (see
Gazette 1967, p.
3543)
Sheltered Employment
(Assistance) Act 1970 No. 84, 1970 26 Oct 1970 26 Oct 1970
Sheltered Employment
(Assistance) Act 1973 No. 136, 1973 13 Nov 1973 13 Nov 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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