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DISABILITY SERVICES AND INCLUSION ACT 2023 - SECT 8

Definitions

    In this Act:

"accessibility supports or services" means supports or services to assist a person with disability to access the physical environment or to participate in the social environment.

"accommodation supports or services" means supports or services to assist a person with disability to obtain or maintain suitable residential arrangements.

"accredited certification body" means a person granted an accreditation that is in force under section   26.

"accrediting authority" means a person granted an approval that is in force under section   25.

"advocacy supports or services" means supports or services:

  (a)   to assist a person with disability to exercise choice or control in matters that affect the person, including the provision of legal services; or

  (b)   to assist a person with disability to understand and advocate for their rights and to uphold and enforce their rights, including the provision of legal services; or

  (c)   to influence community attitudes, government policy or laws in relation to the rights and freedoms of people with disability.

"alternative compliance requirements" has the meaning given by subsection   24(3).

"arrangement" includes a contract, agreement, deed or understanding.

"capacity building supports or services" means the following:

  (a)   supports or services to improve the capability of a person with disability to participate in Australian society, including through peer support, mentoring and skills development;

  (b)   supports or services to improve the capability of persons to deliver inclusive and accessible infrastructure, supports or services to people with disability.

"carer supports or services" means supports or services that assist carers of people with disability in their caring role.

"centrelink program" has the same meaning as in the Human Services (Centrelink) Act 1997 .

"certificate of compliance" means a certificate of compliance that:

  (a)   is granted under section   21 or 22 to a person; and

  (b)   is in force.

"code of conduct" has the meaning given by subsection   20(3).

"community inclusion supports or services" means supports or services to assist a person with disability to engage with their chosen community and culture, including by removing barriers to their inclusion in community and cultural activities.

"compliance standards" has the meaning given by subsection   23(3).

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"Convention on the Rights of Persons with Disabilities" means the Convention on the Rights of Persons with Disabilities done at New York on 13   December 2006, as amended and in force for Australia from time to time.

Note:   The Convention on the Rights of Persons with Disabilities is in Australian Treaty Series 2008 No.   12 ([2008] ATS 12) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"counselling supports or services" means supports or services based on discussing, describing and addressing issues that a person with disability experiences in their life or relationships with the purpose of assisting that person to resolve or manage those issues.

"education supports or services" means supports or services to assist a person with disability to prepare for, or participate in, education at any level.

"eligible activity" has the meaning given by subsection   13(1).

"eligible person" has the meaning given by subsection   9(1).

"employment supports or services" means the following:

  (a)   supports or services to assist a person with disability to prepare for, obtain or maintain paid work, including training;

  (b)   supports or services to assist a person with disability to gain and maintain self - employment;

  (c)   the provision of incentives or supports to employers to employ people with disability.

"entrusted person" means any of the following:

  (a)   the Secretary;

  (b)   an APS employee;

  (c)   any other person employed or engaged by the Commonwealth to provide services to the Commonwealth.

"funding agreement" has the meaning given by paragraph   14(1)(d).

"independent living supports or services" means supports or services to assist a person with disability to develop or maintain the personal skills and self - confidence necessary to enhance the person's independence, and self - reliance, in the community and in the person's home.

"Indigenous person" means a person who is:

  (a)   a member of the Aboriginal race of Australia; or

  (b)   a descendant of an Indigenous inhabitant of the Torres Strait Islands.

"information supports or services" means supports or services (including translation and interpretation services) to assist a person with disability to access and understand information available generally to members of Australian society.

"key personnel" has the meaning given by section   10.

"make" , in relation to an arrangement, includes enter into.

"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .

"National Disability Insurance Scheme" has the meaning given by the NDIS Act.

"NDIS Act" means the National Disability Insurance Scheme Act 2013 .

"protected information" means either of the following kinds of information:

  (a)   personal information within the meaning of the Privacy Act 1988 ;

  (b)   information about the affairs of a person the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence.

"recreation supports or services" means supports or services to assist a person with disability to participate in recreation and leisure activities.

"regulated activity" means an activity specified in an instrument in force under section   11.

"relevant information" means information obtained or generated by an entrusted person in:

  (a)   performing functions or duties, or exercising powers, under this Act; or

  (b)   assisting another person to perform functions or duties, or exercise powers, under this Act.

"research and evaluation program" means a program to:

  (a)   undertake research or data analysis in relation to people with disability, including in relation to the provision of supports and services for people with disability; or

  (b)   evaluate programs or policies that are directed towards people with disability, including activities funded under arrangements, or grants of financial assistance, made under this Act.

"respite care supports or services" means supports or services to provide short term care for a person with disability, as an alternative care arrangement, for the purpose of giving relief or assistance to:

  (a)   the person with disability; or

  (b)   the family members or carers of the person with disability.

"rules" means the rules made under section   36.

"Secretary" means the Secretary of the Department.

"statutory funding condition" has the meaning given by section   15.

"supports or services" includes the supply of goods or facilities.



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