Amend The Federal Disabled Persons Act And The Social Ministry Service Act - Smsg

Original Language Title: Änderung des Bundesbehindertengesetzes und des Sozialministeriumservicegesetzes - SMSG

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_66/BGBLA_2014_I_66.html

66. Federal law with the Federal disabled persons act and the social Ministry of service law - change SMSG

The National Council has decided:

Article 1

Amend the Federal disabled persons act

The Federal Disability Act, Federal Law Gazette No. 283/1990, as last amended by Federal Law Gazette I no. 71/2013, is amended as follows:

1 in § 8 par. 2 Z 3 eliminates the semi-colon and following phrase is added:

"in particular in the context of the national action plan disability 2012-2020;"

2. § 9 para 1 No. 3 is:



"3. each a representative / a representative of the Federal Ministry for labour, Social Affairs and consumer protection, of the Federal Ministry of health, the Federal Ministry for family and youth, the Federal Ministry for science, research and economy and of the Federal Ministry of education and women," 3. § 9 para 1 No. 7 is:



"7 eight representative/representatives of organized people with disabilities, organised self representative and organized war victims," 4. In § 9 para 1 No. 9 is the point replaced with a comma and following Z 10 added:



"10 the Chairperson of the Monitoring Committee (§ 13)."

5. in article 13a par. 2 No. 3, the point is replaced by a comma and appended the following Z 4:



"4. measures taken in implementation of the UN Convention 'Convention on the rights of persons with disabilities'."

6. in the section 13d, para 2, the expression (before the reappointment) is inserted after the expression "on order".

7 section 13d paragraph 4 reads:

"(4) the Federal Minister for labour, Social Affairs and consumer protection has upon receipt of the applications and prior to the order (before the reappointment) of disability advocate the Federal Disability Council (section 8) to listen to." In § 10 para 1 No. 6 Association known who conduct a public hearing with the candidates in the shortlist drawn."

8 § 13e para 3 is as follows:

"(3) in all other cases an allowance in the amount of 70% of the initial amount pursuant to section 2 of the Federal Act on the covers of the Supreme bodies of the Federation, the members of the National Council and the Federal Council and the members of Parliament (Federal reference BBezG) Austria sent to him in addition to the reimbursement of travel and subsistence expenses, by analogy with the provisions applicable to people's assessors and jurors of the fees entitlement Act 1975, BGBl. No. 136, for his work ", Federal Law Gazette I no. 64/1997."

9 section IVa including header is omitted.

10 section VA including heading is as follows:

"Section VA assistance dogs, therapy dogs

Article 39a. (1) an assistance dog is a dog that can be used in detection of necessary health and fitness wesensmäßigen and after completing specific training - especially with regard to social and environmental behavior, subordination and specific aid - especially to the support of people with disabilities.

(2) assistance dogs should be used for the purpose of expanding the self-determination and participation of people with disabilities in all areas of life and live permanently in the affected person. In addition, they make a valuable contribution to communicate and for setting modest barriers breaking down.

(3) assistance dogs are guide dogs, service dogs and signal dogs in accordance with paragraphs 4 to 7.

(4) the guide dog to assist people with disabilities largely in the field of mobility. He should compensate for the perception problems of highly visually impaired or blind people and allow them a safe movement of both familiar and alien environment.

(5) the service dog to assist people with disabilities in the area of mobility. He should provide aid and services in those carrying out tasks of daily life for people who due to disability without support difficult, would be under hazardous conditions or not possible. In addition to the basic skills, service dogs are trained specifically in regard to the individually required support of the person concerned.

(6) the signal dog is intended to help the perception problems of deaf people and to compensate for people with severe hearing impairment. Signal dogs are specially trained to show noise and sounds through physical contact. Also dogs are known as signal dogs that assist people with chronic illnesses in hazardous conditions associated and early perceive changes in metabolism as well as posture, indicating an imminent hazardous situation, and show. It is in particular to dogs that are used specifically for people with diabetes, epilepsy or other neurological impairment.

(6a) the therapy dog is a trained with its holder and its holder for therapeutic work and certified dog, which should achieve through targeted use of positive impact on the experience and behavior of people with disability. The dog helps by its presence and is part of the therapeutic approach.

(7) dogs that perform tasks from multiple areas, be referred to the main function.

(8) the label as "Assistance dog" and the guide dog also with regard to the granting of financial aid from public funds to its acquisition requires the positive assessment by a joint opinion of experts, which in any case, a person with a disability must include, who uses a dog in the or in a similar range. In this assessment, care is especially on health, social and environmental behavior, subordination, specific assistance within the scope of the usage, as well as on the functional interaction of people with disabilities with the dog to take.

(8a) requirement for the designation as a "Therapy dog" is a training and the positive assessment by an expert opinion. In this assessment, care is especially on health, social and environmental behavior, subordination, controllability, and on the functioning interaction with people with disabilities, as well as with its support or the own holder to take.

(9) the holder the holders of assistance dogs and therapy dogs have to ensure, humanely to feed the dog, to train the skills with your dog, to make provisions for breaks and leisure of the dog, to contribute anything for the preservation of the health of the dog, perform regular health checks of the dog and regularly to practice the submission as a basic requirement. The granting of support from public funds includes therefore also the contractual agreement between training and assistance dog to regular measures of quality assurance.

(10) further provisions on the assessment criteria as well as the requirements of the authority performing the assessment, disability financial support from public funds, as well as the quality assurance measures of assistance dogs and therapy dogs are by the Federal Minister for labour, Social Affairs and consumer protection in the form of guidelines to set. These guidelines have to lie in the Federal Ministry for labour, Social Affairs and consumer protection, as well as in all rehabilitation funds (§ 3) for consultation."

11 § 41 para 1 first sentence reads:



"As proof of the existence of the conditions referred to in section 40 the last final decision of a rehabilitation institution (§ 3), a final judgment of a court for labour and social courts act, Federal Law Gazette covers no. 104/1985, a final recognition of the Handelshof or the notification of the granting of the increased family allowance in accordance with article 8, par. 5 of the equalisation Act 1967, BGBl. No. 376."



12 § 42 ABS. 1 first sentence reads:

"The disability pass has the given name and the family or last name date of birth to include a possible insurance number and the observed degree of disability or the reduction of earning capacity and is equipped with a photo."

13 § 45 para 2 is as follows:

"(2) a permit can only be granted if not granted a request in accordance with paragraph 1, the procedure set (§ 41 para. 3) or the passport confiscated. Know character comes to the issued disabled pass."

14 § 54 paragraph 15 be following ABS. added 16 and 17:

"(16) § 8 para 2 Z 3, § 9 par. 1 Z 3.7 and 10, section 13a, paragraph 2 No. 4, section 13d para 2 and 4, § 13e ABS. 3, § 41 para 1, § 42 ABS. 1 and section 45, paragraph 2, as well as the repeal of section IVa including heading as amended by the Federal Act, Federal Law Gazette I no. 66/2014, at the end of the day of their by-laws into force."

(17) section VA along with heading 1 January 2015 into force."

Article 2

Change of the Social Service Department of law - SMSG the social Ministry of Service Act, Federal Law Gazette I no. 150/2002, as last amended by Federal Law Gazette I no. 138/2013, is amended as follows:

1. pursuant to article 2, the following paragraph 2a and heading is inserted:

"Contact database (KDB)


§ 2a. (1) the Federal Office for social and Disability Affairs has to carry out the tasks conferred on him by law to keep a contact database. The Federal Office for social and Disability Affairs is authorised to use the contact data stored in personal data to fulfil this task.

(2) in the contact database, the data referred to in paragraph 3, the following natural and legal persons, as well as other companies are processed:



1. employer/employers, 2. care forces pursuant to section 21 b of the Federal care allowance Act, Federal Law Gazette No. 110/1993, 3 non-official experts in accordance with article 52 of the General administrative procedures Act 1991, BGBl. Nr. 51, 4. people with disabilities in finding of disability pursuant to § 8 para 6 of the equalisation Act 1967, BGBl.  No. 376, 5 companies, be paid their bills from the Federal Office for social and Disability Affairs in favor of customers of the Federal Office for social and Disability Affairs or were or a compensatory tax within the meaning of § 9 of the disabled setting Act, Federal Law Gazette No. 22/1970 pay, applicant/applicants at the Federal Office for Social Affairs and Disability Affairs, 7 legal entity, the services on behalf of the Federal Office for social and Disability Affairs provide 6.

(3) customer contact database is the Federal Office for social and Disability Affairs. The access to the data stored in the database of the contact will be given only officials of the Federal Office for social and Disability Affairs. The Federal Office for social and Disability Affairs is authorised, required by law where in accordance with paragraph 4 and to the extent it not 2000, BGBl. 165/1999, is no. 2 of the data protection act to sensitive data referred to in article 4, to identify each relevant data to interested parties listed in paragraph 2 from the following list of data types and use in the contact database :



1. General contact details of individuals: a. name b. title, c. gender, d. birth date, e. social security number, f. g. marital status, date of death, h. home address, i. contact information, j. nationality, k. residence permit, l. any employment as a servant/servant of the Federal Office for Social Affairs and Disability Affairs, m. Bank connections, 2. General contact information, legal persons and other organizations: a. legal form, b. designation, c. designation according to the business register (UR) the Federal Statistics Austria according to § 25 of the Federal Statistics Act 2000 , Federal Law Gazette I no. 163/1999, d. company registration, e. key figure in the company register (SPA), f. classification as a legal entity in the company register, g. Headquarters contact information h. i. Bank connections.

(4) the Federal Office for social and Disability Affairs is authorized, the data contained in the database of the contact to the completion of the disabled setting law, BGBl. No. 22 / 1970, of the Federal Disability Act, Federal Law Gazette No. 283/1990, § 29 b of the road traffic Act 1960, Federal Law Gazette No. 159/1960, of the federal disability equality act, Federal Law Gazette I no. 82/2005, of the Federal care allowance Act, Federal Law Gazette No. 110/1993, of the Kriegsopferversorgung Act of 1957, Federal Law Gazette No. 152/1957, of the army supply Act, Federal Law Gazette No. 27 / 1964 , of the victims Care Act, Federal Law Gazette No. 183/1947, of the crime victims Act, Federal Law Gazette No. 288/1972, of the vaccine injury Act, Federal Law Gazette No. 371/1973, of the compensation act of prisoners of war, Federal Law Gazette I no. 142/2000, equalisation Act 1967, BGBl. No. 376, of the work and health law, Federal Law Gazette I no. 111/2010, and of the vocational training Act, Federal Law Gazette No. 142/1969, to use.

(5) the data contained in the contact database are determined by the Federal Office for social and Disability Affairs in the course of the submission of the citizens or citizens or companies. Regular updating of the data contained in the database of the contact the change service of the Federal Ministry of the Interior in accordance with section 16 c of the Registration Act is possible in 1991 to take advantage. The updating of company data via the business register for purposes of management according to § 25 of the Federal Statistics Act 2000. Those affected will be 2000 informed the data synchronization with the central register, the use of the business register for purposes of the Administration and operation of the contact database of the Federal Office for Social Affairs and disability in accordance with § 24 of the data protection act.

(6) all stored in the contact database, personal data are immediately to delete when they are no longer required to fulfil the statutory responsibilities.

(7) there are records of the actually carried data usages so that their admissibility to the necessary extent to be traced.

(8) the data applications for the performance of the tasks within the meaning of this provision have to ensure data protection and data security. In particular, the State of the art data security measures in accordance with section 14 of the Privacy Act are in the use of the data 2000 to meet. The data security measures taken should be documented."

2 the following paragraph 7 is added to in § 10, section 6:

"(7) § 2a as amended by the Federal Act, Federal Law Gazette I no. 66/2014, with expiration of the day of its proclamation into force."

Fischer

Faymann