Contents
Part 1 - Preliminaries
1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Revocation................................................................................................................................ 1
6 Purpose of Guidelines.............................................................................................................. 1
7 Determining standards and key performance indicators........................................................... 2
Part 2 - Matters relevant to provision of rehabilitation services
8 Certificate of compliance.......................................................................................................... 2
9 Factors to which the Secretary must have regard when taking measures, or entering into arrangements for the provision of rehabilitation services............................................................................................................. 2
10 Entering into arrangements with rehabilitation service providers who do not hold a certificate of compliance 3
Part 3 - Miscellaneous
11 Availability of information 3
Part 1 Preliminaries
1 Name
These Guidelines are the Disability Services (Rehabilitation Services) Guidelines 2017.
2 Commencement
These Guidelines commence on the day determined under subsections 5(3) and (4) of the Disability Services Act 1986.
3 Authority
These Guidelines are made under subsection 5(1) of the Disability Services Act 1986.
4 Definitions
In these Guidelines:
Act means the Disability Services Act 1986.
disability services standards means rehabilitation program standards made under paragraph 5A(1)(c) of the Act.
officer of the Department:
(a) means an APS employee in the Department whose responsibilities include performing functions under these Guidelines; and
(b) does not include a person described in paragraph (b) or (c) of the definition of ‘officer’ in section 4 of the Act.
rehabilitation services means:
(a) vocational rehabilitation services; and
(b) other services designed to assist persons in the target group to improve their ability to live independently.
Secretary has the meaning given by section 4 of the Act.
target group has the meaning given by section 18 of the Act.
vocational rehabilitation services are services designed to assist a person in the target group to prepare for, find or maintain paid employment.
5 Revocation
The Disability Services (Rehabilitation Services) Guidelines 2007 are revoked.
6 Purpose of Guidelines
The purpose of these Guidelines is, in relation to Part III of the Act:
(a) to promote fair, open, consistent and accountable decision-making; and
(b) to inform the community of:
(i) the decision-making processes to be followed; and
(ii) the factors to be considered in making decisions under that Part; and
(c) to promote the efficient and effective administration of that Part.
7 Determining standards and key performance indicators
(1) Subsection (2) must be complied with before the Minister:
(a) determines standards under paragraph 5A(1)(c) of the Act; or
(b) approves key performance indicators, under subsection 5A(2) of the Act, for any standards of that kind.
(2) The Minister must ensure that the views of:
(a) people with disability; and
(b) the families and advocates of people with disability; and
(c) other appropriately interested persons;
are considered through consultation, so that the Minister can establish the broad views of these groups before determining the standards or approving the key performance indicators.
Part 2 Matters relevant to provision of rehabilitation services
8 Certificate of compliance
For subsection 19(2) of the Act, a person is taken to be holding a current certificate of compliance if:
(a) the accredited certification body has, under subsection 6E(3) of the Act, notified the Secretary of the giving of the certificate; and
(b) the Secretary has not been notified of any revocation of the certificate.
Note The word person is taken to include a provider of rehabilitation programs who provides services on behalf of the Department under a contract made between the provider and the Commonwealth for the provision of rehabilitation services under Part III of the Act; and a provider who may be offered such a contract by the Commonwealth.
9 Factors to which the Secretary must have regard when taking measures, or entering into arrangements for the provision of rehabilitation services
In taking measures or entering into arrangements with a provider of rehabilitation programs, for the provision of rehabilitation services under subsection 20(1) of the Act, the Secretary must have regard to:
(a) the ability of the provider to effectively and efficiently provide high quality and value for money vocational rehabilitation services; and
(b) the extent to which the vocational rehabilitation services offered by the provider will achieve the purposes of the Act; and
(c) the experience of the provider in providing vocational rehabilitation services; and
(d) the skills, experience and professional qualifications of the provider’s employees; and
(e) the type and range of rehabilitation services the provider offers, including, but not limited to, rehabilitation services that are specialist services; and
(f) evidence of the provider’s successful past performance in providing rehabilitation services or similar services; and
(g) the accessibility by people with disabilities to the provider’s premises; and
(h) the ability of the provider to provide services that:
(i) enable people with an injury, disability or other health condition to achieve sustainable employment to maximise use of their capabilities;
(ii) promote the capabilities of the target group, leading to improved employment opportunities for them; and
(iii) demonstrate commitment to continuous improvement in the provision of employment services to the target group; and
(i) any other factor the Secretary considers relevant.
10 Entering into arrangements with rehabilitation service providers who do not hold a certificate of compliance
For the purposes of subsection 19(3) of the Act, when entering into an arrangement with a provider of rehabilitation programs who does not hold a certificate of compliance, the Secretary must:
(a) be satisfied that the provider intends to obtain a certificate of compliance within 12 months of commencing providing rehabilitation services under the arrangement; and
(b) have regard to:
(i) the matters mentioned in section 9 of these Guidelines; and
(ii) the capacity of the provider to comply with the disability services standards during the period in which the provider does not hold a certificate of compliance.
Part 3 Miscellaneous
11 Availability of information
An officer of the Department must, on request, provide a member of the public with a copy of the following:
(a) these Guidelines;
(b) the principles and objectives formulated under section 5 of the Act;
(c) the rehabilitation program standards;
(d) the key performance indicators approved by the Minister for the standards mentioned in paragraph (c).