Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023 (103 of 2023)

Schedule 3   Application and saving provisions

Part 4   Transitional code of conduct

11   Transitional code of conduct

(1) The Minister may, by legislative instrument, make rules that make provision for or in relation to a code of conduct that, on and after the commencement of this item, applies to the following:

(a) an eligible organisation (within the meaning of the Disability Services Act 1986 as in force immediately before that commencement), where:

(i) before that commencement, the Minister approved the making of a grant of financial assistance to the organisation under Part II of that Act; and

(ii) immediately before that commencement, an agreement with the organisation under section 15 of that Act is in effect in connection with that approval;

(b) a person or body that is a party to an arrangement that was entered into under Part III of the Disability Services Act 1986 before that commencement and that is in effect immediately before that commencement;

(c) a person to whom money is paid before, on or after that commencement under an arrangement made before that commencement under section 32B of the Financial Framework (Supplementary Powers) Act 1997, where the arrangement:

(i) is in effect immediately before that commencement; and

(ii) is for the purposes of a program, or part of a program, that is specified in the rules;

(d) a person to whom a grant of financial assistance is made before, on or after that commencement under section 32B of the Financial Framework (Supplementary Powers) Act 1997, where:

(i) immediately before that commencement, an agreement between the person and the Commonwealth is in effect in connection with that grant; and

(ii) the grant is for the purposes of a program, or part of a program, that is specified in the rules.

(2) For the purposes of subparagraph (1)(c)(ii) or (d)(ii), the program must be a program specified in regulations under the Financial Framework (Supplementary Powers) Act 1997.

(3) Without limiting subitem (1), rules made for the purposes of that subitem may make provision for circumstances in which an eligible organisation, person or body breaches the code of conduct because of an act, or an omission to perform an act, by:

(a) a member of the key personnel (within the meaning of the Disability Services and Inclusion Act 2023) of the eligible organisation, person or body; or

(b) another person who is employed, or otherwise engaged, by the eligible organisation, person or body.

(4) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.