51Effect of decision of Secretary

51 Effect of decision of Secretary

A decision by the Secretary under section 50 that a person has a disability does not of itself entitle the person to the provision of disability services.

Pt 4 Div. 3 (Heading and ss 52−55) amended by Nos 10/2012 s. 14(4), 22/2012 s. 14, 19/2019 s. 128, repealed by No. 37/2021 s. 358.

Part 5—Residential services

Division 1—General provisions

56 Purpose and application of Part

S. 56(1) substituted by No. 9/2023 s. 28.

(1) The purpose of this Part is to create specific rights for persons residing in residential services and to impose specific obligations on disability service providers providing residential services whilst enabling the support and treatment needs of persons with a disability to be met and the obligations of disability service providers to be fulfilled.

(2) The Residential Tenancies Act 1997 does not apply in respect of residential services.

(3) The regulations may provide that a prescribed class of disability service provider is, subject to any prescribed conditions, exempted from complying with prescribed provisions of this Part specified in respect of that prescribed class of disability service provider.

(4) This Part does not apply in respect of persons residing in residential treatment facilities and the provision of residential services in residential treatment facilities.

S. 56(5) inserted by No. 38/2018 s. 313, amended by No. 9/2023 s. 89.

(5) This Part does not apply in respect of SDA residents residing in SDA dwellings.

S. 56(6) inserted by No. 38/2018 s. 313, amended by No. 9/2023 s. 89.

(6) This Part does not apply to disability service providers to the extent that the disability service provider is an SDA provider providing SDA dwellings to SDA residents.