Commonwealth Consolidated Acts

DISABILITY SERVICES ACT 1986 - SECT 14

             (1)  Without limiting subsection 13(1), the Minister may, under that subsection, approve the making of a grant of financial assistance, in relation to the provision of an advocacy service, about any of the following:

                     (a)  recurrent expenditure incurred or to be incurred;

                     (b)  the cost of acquiring land (with or without buildings);

                     (c)  the cost of acquiring, erecting, altering or extending buildings;

                     (d)  the cost of acquiring, altering or installing equipment.

             (2)  If the Minister approves the making of a grant of financial assistance under subsection 13(1), the Minister must, subject to subsection (4) of this section and to the regulations:

                     (a)  determine the amount of the financial assistance or the manner in which the amount of the financial assistance is to be worked out; and

                     (b)  determine the time or times at which, and the instalments (if any) in which, the financial assistance is to be paid; and

                     (c)  determine any other terms and conditions on which the financial assistance is granted.

Examples of conditions

             (3)  Without limiting paragraph (2)(c), the terms and conditions that may be determined include terms and conditions about any of the following:

                     (a)  the purposes for which the financial assistance may be applied;

                     (b)  the amounts to be applied by the State or organisation for those purposes or any other purpose, and the source of amounts to be so applied;

                     (c)  the outcomes to be achieved by persons included in the target group by the provision of the advocacy service, and the rights of those persons in relation to the provision of the advocacy service or otherwise;

                     (d)  the provision of information;

                     (e)  the provision of certificates with respect to the fulfilment of terms and conditions;

                      (f)  the repayment of financial assistance;

                     (g)  the giving of security for the fulfilment of terms and conditions;

                     (h)  the use and disposal of, and the recovery of amounts that under the terms and conditions are to be taken as representing the Commonwealth's interest in:

                              (i)  land acquired (with or without buildings); and

                             (ii)  buildings acquired, erected, altered or extended; and

                            (iii)  equipment acquired, altered or installed;

                            as a result of the application of the financial assistance or of the financial assistance and other money.

Instalment payments

             (4)  If a grant of financial assistance under this Division is to be paid in instalments, the instalments must be paid within 5 years after the approval of the making of the grant.

Determinations are not legislative instruments

             (5)  A determination under subsection (2) is not a legislative instrument.