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DISABILITY SERVICES ACT 1986 - SECT 14G

Declaration of failure to meet standards

             (1)  This section applies if, at any time (the relevant time ):

                     (a)  an eligible organisation is receiving a grant of financial assistance under Division 2 in respect of the provision of an eligible service; or

                     (b)  an eligible organisation is receiving a transitional grant of financial assistance in respect of the provision of an employment service, and the relevant time:

                              (i)  is a time on or before the day determined by the Minister for the purposes of subparagraph 12AB(2)(b)(i); and

                             (ii)  where the organisation received a certificate of compliance in respect of the service before that day--is a time before the day on which the certificate was received;

and, in either case, the organisation is not meeting the applicable standards in respect of the service.

          (1A)  The Minister may make a declaration:

                     (a)  stating that the organisation is not meeting the applicable standards in respect of the service and, consequently, is in breach of the condition of the grant in subsection 10(3A) or paragraph 12AB(4)(a), as the case may be; and

                     (b)  specifying the actions that will be taken as a result of the failure to comply with the condition.

             (2)  The actions specified under paragraph (1A)(b) may be either or both of the following:

                     (a)  all or any of the actions that, under the terms and conditions of the grant of financial assistance, may be taken as a result of the failure to comply with the condition specified under paragraph (1A)(a);

                     (b)  action taken under section 14J.

             (3)  Actions of a kind referred to in subsection (2) may only be taken if they are specified under paragraph (1A)(b).

             (4)  The Minister must provide a copy of the declaration to the eligible organisation concerned.



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