Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These guidelines revoke and replace the Disability Services (Rehabilitation Services) Guidelines 2007 and reflect the current administration of vocational rehabilitation services under the Disability Management Service (DMS).
Administered by: Social Services
Registered 20 Jun 2017
Tabling HistoryDate
Tabled HR20-Jun-2017
Tabled Senate21-Jun-2017
Table of contents.

 

Disability Services (Rehabilitation Services) Guidelines 2017

 

 

Disability Services Act 1986

I, Christian Porter, Minister for Social Services, acting under subsection 5(1) of the Disability Services Act 1986, make these Guidelines.  



Dated: 19 June 2017                                       

Christian Porter

Minister for Social Services

 

 

 


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.

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).