Disability Services (Rehabilitation Services) Guidelines 2006 Disability Services Act 1986
I, KEVIN JAMES ANDREWS, Minister for Employment and Workplace Relations, make these Guidelines under subsection 5 (1) of the Disability Services Act 1986. Dated      27th February                2006                                 Kevin Andrews   Minister for Employment and Workplace Relations
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Part 1                 Preliminary
1              Name of Guidelines                 These Guidelines are the Disability Services (Rehabilitation Services) Guidelines 2006. Note 1   These Guidelines deal with the administration of Part III of the Act, and are to be read subject to the provisions of the Act. Note 2   For matters relating to the administration of Part II of the Act, see the Disability Services (Administration of Part II of the Act) Guidelines 2002.
2              Commencement                 These Guidelines commence on the later of 1 July 2006 and the earliest day that, under section 5 of the Disability Services Act 1986, the Guidelines would come into effect.
3              Definitions                 In these Guidelines: Act means the Disability Services Act 1986. CRS Australia means the service provider operated by the Commonwealth that delivers rehabilitation services, or manages the provision of rehabilitation services, to persons eligible under the Act. non-vocational rehabilitation program  is a program designed to assist a person in the target group to improve their ability to live independently. officer means an APS employee in CRS Australia or in the Department who is responsible for performing the functions under these Guidelines. positive work capacity assessment report means a report, based on a person’s work capacity assessment, that recommends the provision of one or more rehabilitation services to the person. vocational rehabilitation program  is a program designed to assist a person in the target group  to prepare for, find or maintain work. work capacity assessment means an assessment (including a Comprehensive Work Capacity Assessment or Better Assessment) of a person’s capacity to work performed by an organisation or provider funded or contracted by the Commonwealth for that purpose, and includes an assessment of whether the provision of a rehabilitation program to the person would, or would be likely to, assist the person to obtain or retain paid employment. Note   Other words and phrases used in these Guidelines that are defined in the Act have the meaning given by the Act.
4              Revocation                 The following instruments are revoked:                 (a)    the Disability Services (Rehabilitation Programs) Guidelines 2002;                (b)    the Disability Services (Rehabilitation Programs) Amendment Determination (No. 1) of 2002;                 (c)    the Disability Services (Rehabilitation Programs) Guidelines No. 1 of 1992.
5              Purpose of Guidelines                 The purpose of these Guidelines is:                 (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 the Act; and                 (c)    to promote the efficient and effective administration of Part III of the Act.
 
Part 2                 Matters relevant to approvals of rehabilitation services
6              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:                 (a)    an adequate number of people with a disability; and                (b)    the families and advocates of people with a disability; and                  (c)    other interested persons; are consulted so that the Minister can establish the broad views of these groups, before determining the standards or approving the key performance indicators.
7              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   Subsection 19 (2) of the Act applies only to the giving of approval on or after 1 January 2005.
8              Factors to which Secretary must have regard in approving the provision of rehabilitation services                 For subsection 20 (1) of the Act, in approving the provision of a rehabilitation program for a person in the target group, the Secretary must have regard to the fact that, the objects of the Act are more likely to be achieved through the provision of vocational services than through the provision of non-vocational services.
9              Approval of the provision of rehabilitation services                 For subsection 20 (1) of the Act, in approving the provision of a rehabilitation program for a person in the target group:                 (a)    the Secretary must approve the provision of a vocational rehabilitation program if:                           (i)    the person has undertaken a work capacity assessment; and                          (ii)    based on that assessment, the person has a positive work capacity assessment report; and                          (iii)    a vocational rehabilitation place is available for the person; and                (b)    in approving the provision of a non-vocational rehabilitation program, the Secretary must be satisfied that:                           (i)    the person’s disability or personal circumstances prevents employment from being a viable rehabilitation goal at that time; and                          (ii)    there are no resources existing in the community that may meet the person's needs as well as, or better than, the rehabilitation resources that could be provided by the Commonwealth under the Act; and                          (iii)    the person’s disability or personal circumstances makes it difficult for the person to achieve a satisfactory level of independent living within his or her immediate family or community without rehabilitation assistance from the Commonwealth; and (iv)there is a reasonable prospect that the rehabilitation service will, on completion, increase the person’s capacity to live independently without ongoing rehabilitation support from the Commonwealth.                   (c) For the purposes of paragraph (a)(iii), a vocational rehabilitation place is available for a person when, based on the resources provided by the Commonwealth for such purposes and in accordance with any agreement between the Secretary and CRS Australia, the number of people in the target group being provided vocational rehabilitation by CRS Australia at a time when the person would be provided vocational rehabilitation, is less than the maximum number of people in the target group that could, at that time, be provided vocational rehabilitation by CRS Australia. Note   See section 19 of the Act for other matters that the Secretary must be satisfied about in exercising a power under subsection 20 (1) of the Act.    
Part 3                 Miscellaneous
10            Availability of information                 An officer 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).