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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66. Federal Law, with which the Federal Disabled Law and the Social Ministry Service Act-SMSG are amended

The National Council has decided:

Article 1

Amendment of the Federal Disabled

The federal disability law, BGBl. No. 283/1990, as last amended by the Federal Law BGBl. I No 71/2013, shall be amended as follows:

1. In § 8 (2) (3), the line point shall be deleted and the following phrase shall be added:

"in particular in the context of the National Action Plan for Disability 2012-2020;"

2. § 9 (1) Z 3 reads:

" 3.

One representative of the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Federal Ministry of Health, the Federal Ministry for Family and Youth, the Federal Ministry of Science, Research and the Economy as well as the Federal Ministry of Education and Women, "

Section 9 (1) Z 7 reads as follows:

" 7.

Eight representatives of organised people with disabilities, organised self-representatives and organised war victims, "

4. In § 9 (1) (9) (9), the point shall be replaced by a dash and the following Z 10 shall be added:

" 10.

The Chairman of the Monitoring Committee (§ 13). "

(5) In section 13a (2) (3), the point shall be replaced by a dash and the following Z 4 shall be added:

" 4.

the measures taken in the implementation of the UN Convention on the Rights of Persons with Disabilities. "

6. In § 13d (2), after the expression "Before Order" the expression "(before reorder)" inserted.

7. § 13d (4) reads:

" (4) The Federal Minister of Labour, Social Affairs and Consumer Protection has to consult the Federal Council for Disabled Persons (§ 8) after receiving applications and before ordering (before reappointment) of the disabled person's lawyer. The association referred to in Article 10 (1) Z 6 shall have a public hearing with the candidates who are drawn into the shortlist. "

8. § 13e (3) reads:

" (3) In all other cases, he shall be entitled, in addition to the replacement of travel and subsisting expenses, under the appropriate application of the provisions of the Fees Act 1975, BGBl, which apply to Schöffen and jury. No. 136, for his activity an allowance of 70% of the initial amount according to § 2 of the Federal Act on the references of the supreme organs of the federal government, the members of the National Council and the Federal Council and those of Austria Members of the European Parliament (Bundesrefergegesetz-BBezG), BGBl. I No 64/1997. '

Section IVa and heading no longer apply.

10. Section Va and heading is:

" Section Va
Assistance dogs, Therapy dogs

§ 39a. (1) An assistant dog is a dog who, in the case of proof of the health and fitness required, and after completion of a specific training-especially with regard to social and environmental behaviour, subordination and specific assistance-particularly suitable for the support of a person with disabilities.

(2) Assistance dogs shall be used for the purpose of increasing the self-determination and participation of persons with disabilities in all areas of life and shall live permanently with the person concerned. In addition, they make a valuable contribution to communication and to the dismantling of barriers to the creation of a single market.

(3) As assistance dogs, guide dogs, service dogs and signal dogs shall be considered as assistance dogs in accordance with paragraphs 4 to 7.

(4) The guide to the blind is intended to help people with disabilities to a large extent in the area of mobility. It is intended to compensate for the problems of perception of blind or highly visually impaired people and to enable them to move safely both in familiar and in foreign environments.

(5) The service is intended to support people with disabilities in the area of mobility. It is intended to provide assistance to people in those directions of daily life which, without assistance, would be difficult, under dangerous conditions, or not at all possible, without assistance. In addition to the basic skills, service dogs are trained in particular with regard to the individual needs of the person concerned.

(6) The signal hund should help to compensate for the perception problems of deaf persons and of people with severe hearing impairment. Signal dogs are specially designed to display sounds and sounds through physical contact. Dogs are also referred to as dogs, which support people with chronic diseases in the associated dangerous states and changes in metabolism and posture, which are due to an imminent danger of illness. to indicate the health-threatening situation at an early stage and to view it. In particular, these are dogs that are specifically used for people with diabetes, epilepsy or any other neurological impairment.

(6a) The therapist is a dog trained and tested with his holder and his keeper for the therapeutic work, which is intended to achieve positive effects on the experience and behaviour of people with disabilities through targeted use. The dog helps with its presence and is part of the therapeutic concept.

(7) Dogs that perform tasks in several areas shall be referred to as the main function.

(8) The prerequisite for the designation as "assistance dog" and for the guide dog for the blind person, also with regard to the granting of financial support from public funds for its acquisition, is the positive assessment by a common Expert opinion, in any case a person with a disability, who himself/herself has a dog in the respective person. in a similar field of use. This assessment mainly concerns health, social and environmental behaviour, subordination, specific assistance in the respective area of application, and the functioning interplay of the person with a disability with the dog. .

(8a) A prerequisite for the designation as "Therapy ehund" is an education and the positive assessment by an expert opinion. In this assessment, the main focus is on health, social and environmental behaviour, subordination, controllability and the functioning interplay with people with disabilities, as well as with their own owners or their own keeper. .

(9) The holders of assistance dogs and therapy dogs have to ensure that they are able to provide the dog in the appropriate way, to train the skills with their dog, to take care of the breaks and leisure time of the dog, everything for the dog. To contribute to the health of the dog, to carry out a regular health check of the dog and to exercise the subordination regularly as a basic requirement. The award of a grant from public funds therefore also includes the contractual agreement between the training centre and the assistant dog holder on regular measures of quality assurance.

(10) More detailed provisions on the criteria for assessment, as well as the requirements for the body carrying out the assessment, the financial support for guide dogs from public funds and the quality assurance measures of Assistance dogs and therapy dogs are to be defined by the Federal Minister for Labour, Social Affairs and Consumer Protection in the form of guidelines. These guidelines are to be found in the Federal Ministry of Labour, Social Affairs and Consumer Protection, as well as for all rehabilitation providers (§ 3). "

11. § 41 (1) first sentence reads:

" As proof of the existence of the conditions mentioned in § 40, the last legally binding decision of a rehabilitation carrier (§ 3), a final judgment of a court in accordance with the Labor and Social Courts Act, BGBl. No 104/1985, a final recognition by the Federal Administrative Court or the notice on the granting of the increased family allowance in accordance with Section 8 (5) of the Family Law Balancing Act 1967, BGBl. No. 376. "

12. § 42 para. 1 first sentence reads:

" The disability pass has to contain the first name and the family or last name, the date of birth of an all-due insurance number and the degree of disability or the reduction of the earning capacity, and is with a photograph of the person "

Section 45 (2) reads as follows:

" (2) A communication shall only be issued if an application in accordance with paragraph 1 is not accepted, the procedure is discontinued (§ 41 para. 3) or the passport is drawn in. The disabled passport issued shall be subject to a description of the fog. "

14. The following paragraphs 16 and 17 are added to Section 54 (15):

" (16) § 8 para. 2 Z 3, § 9 para. 1 Z 3.7 and 10, § 13a sec. 2 Z 4, § 13d para. 2 and 4, § 13e Abs.3, § 41 para. 1, § 42 para. 1 and § 45 paragraph 2, as well as the repeal of the section IVa including the headline in the version of the Federal Law, BGBl. I No 66/2014, enter into force at the end of the day in which they are held.

(17) Section Va and heading shall enter into force 1. Jänner 2015 in force. "

Article 2

Amendment of the Social Ministry Service Act-SMSG

The Social Ministry Service Act, BGBl. No 150/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 138/2013, shall be amended as follows:

1. In accordance with § 2, the following § 2a together with the heading is inserted:

" Contact Database (KDB)

§ 2a. (1) The Federal Office of Social Affairs and Disabled Persons has to carry out a contact database for the performance of the tasks assigned to it by law. The Federal Office of Social Affairs and the Disabled is authorized to use the personal data stored in the contact database for the performance of this task.

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

1.

Service providers,

2.

Supervisors according to § 21b of the Federal Nursing Money Act, BGBl. No 110/1993,

3.

Non-official experts according to § 52 of the General Administrative Procedure Act 1991, BGBl. 51,

4.

Persons with disabilities in the case of the determination of the disability in accordance with § 8 (6) of the Family Law Balancing Act 1967, BGBl. No 376,

5.

Companies whose invoices are or have been paid by the Federal Office of Social Affairs and the Disabled to the benefit of customers of the Federal Office for Social Affairs and the Disabled, or which are subject to a compensation tax within the meaning of Section 9 of the Disability employment law, BGBl. No. 22/1970,

6.

Applicants to the Federal Office for Social Affairs and the Disabled,

7.

Legal entities providing services on behalf of the Federal Office for Social Affairs and the Disabled.

(3) The client of the contact database is the Federal Office for Social Affairs and the Disabled. Access to the data stored in the contact database is granted exclusively to staff members of the Federal Office for Social Affairs and Disability. The Federal Office of Social Affairs and the Disabled is authorized to the extent required by law in accordance with paragraph 4 and insofar as this is not sensitive data according to § 4 Z 2 of the Data Protection Act 2000, BGBl. 165/1999, from the list below the data are to be identified and used in the contact database for the relevant data relating to the data subjects referred to in paragraph 2:

1.

General contact details of natural persons:

a.

names,

b.

Title,

c.

Gender,

d.

date of birth,

e.

social security number,

F.

Date of death,

g.

Family status,

h.

Residence address,

i.

contact information,

j.

nationality,

k.

Residence permit,

L.

possible professional activities as a staff member of the Federal Office for Social Affairs and the Disabled,

m.

bank connections,

2.

General contact details of legal persons and other companies:

a.

legal form,

b.

Name,

c.

Name according to the company register (UR) of the Federal Statistics Office Austria according to § 25 of the Federal Statistics Act 2000, Federal Law Gazette (BGBl). I No 163/1999,

d.

company book number,

e.

Measure in the Business Register (KUR),

F.

Classification as a legal entity in the business register,

g.

Company headquarters,

h.

contact information,

i.

Bank connections.

(4) The Federal Office of Social Affairs and the Disabled is authorized to use the data contained in the contact database for the enforcement of the law on the employment of the disabled, BGBl. No. 22/1970, of the Federal Disabled Law, BGBl. No. 283/1990, § 29b of the 1960 Road Traffic Regulations, BGBl. No. 159/1960, of the Federal Disability Equality Act, BGBl. I n ° 82/2005, the Federal Nursing Money Act, BGBl. No. 110/1993, the War Victims Supply Act 1957, BGBl. No. 152/1957, the Army Supply Act, BGBl. No 27/1964, of the Law on Victims ' Welfare, BGBl. No. 183/1947, the crime victim law, BGBl. No. 288/1972, of the Vaccine Damage Act, BGBl. No 371/1973, the War Prisoners Compensation Act, BGBl. I n ° 142/2000, the Family Law Balancing Act 1967, BGBl. No. 376, of the Labor and Health Act, BGBl. I n ° 111/2010, and the Vocational Training Act, BGBl. No. 142/1969.

(5) The data contained in the contact database shall be provided by the Federal Office for Social Affairs and the Disabled in the course of the application of the citizens/citizens. of the companies. In order to regularly update the reporting data contained in the contact database, the change service of the Federal Ministry of the Interior according to § 16c of the Reporting Act 1991 can be used. The company data is updated via the company register for the purposes of administration according to § 25 of the Federal Statistics Act 2000. In accordance with § 24 of the Data Protection Act 2000, the data subjects will be informed about the reconciliation with the central registration register, the use of the business register for the purposes of the administration and the operation of the contact database of the Federal Office of Social Affairs and the Federal Office for Social Affairs and Social Affairs. Disabled persons.

(6) All personal data stored in the contact database shall be deleted immediately if it is no longer necessary for the performance of the statutory tasks.

(7) It is necessary to keep records of the actual uses of the data, so that their admissibility can be traced to the extent necessary.

(8) Data applications for the concern of tasks within the meaning of this provision shall have data protection and data security to be ensured. In particular, data protection measures corresponding to the state of the art are to be taken in accordance with Section 14 of the Data Protection Act 2000. The data security measures taken shall be documented. "

(2) The following paragraph 7 is added to § 10 (6):

" (7) § 2a in the version of the Federal Law, BGBl. I n ° 66/2014, enters into force at the end of the day of its manifestation. "

Fischer

Faymann