7Provision of advice, notification or information under this Act

7 Provision of advice, notification or information under this Act S. 7(1) amended by Nos 19/2019 s. 22(1), 9/2023 s. 10(1). (1) The contents of any advice, notice or information given or provided to a person with a disability, an NDIS participant or a DSOA client under this Act must be explained by the person giving the advice, notice or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand. (2) An explanation given under subsection (1) must where reasonable be given both orally and in writing. S. 7(3) amended by Nos 19/2019 s. 22(2), 9/2023 s. 10(2). (3) If a person with a disability, an NDIS participant or a DSOA client appears to be incapable of reading and understanding information provided under this Act, a disability service provider or an NDIS provider, as the case requires, must use reasonable endeavours to convey the information to the person in the language, mode of communication or terms which the person is most likely to understand. S. 7(4) amended by No. 19/2019 s. 22(3)(a). (4) For the purposes of subsection (3), the disability service provider or NDIS provider, as the case requires, may give a copy of the advice, notice or information— S. 7(4)(a) amended by Nos 10/2012 s. 14(3), 19/2019 s. 22(3)(b), 9/2023 s. 10(3)(a). (a) to a family member, carer, guardian, advocate or other person chosen by the person with a disability, NDIS participant or DSOA client; or S. 7(4)(b) amended by No. 19/2019 s. 22(3)(c)(d). (b) in the case of a person with a disability, if no person is chosen under paragraph (a), to a person who the disability service provider considers can assist the person with a disability and is not employed by, or a representative of, the disability service provider; or S. 7(4)(c) inserted by No. 19/2019 s. 22(3)(e), amended by No. 9/2023 s. 10(3)(b). (c) in the case of an NDIS participant or a DSOA client, if no person is chosen under paragraph (a), to a person who the NDIS provider considers can assist the NDIS participant or the DSOA client and is not employed by, or a representative of, the NDIS provider. Part 3—Administration Division 1—The Secretary 8 Role and functions of the Secretary (1) For the purposes of this Act, the role of the Secretary is to— (a) plan, develop, provide and fund or purchase comprehensive services, programs and initiatives for persons with a disability; (b) provide and fund programs and initiatives that facilitate persons with a disability exercising their rights and meeting their responsibilities in the community; S. 8(1)(c) amended by No. 9/2023 s. 11(1)(a). (c) collect and analyse data for the purpose of enabling the Secretary to achieve the objectives and perform the functions specified in this Act, including complying with reporting requirements for the purposes of this Act; S. 8(1)(ca) inserted by No. 19/2019 s. 23(1), amended by No. 34/2020 s. 194, repealed by No. 9/2023 s. 11(1)(b). (d) subject to the general direction and control of the Minister, administer this Act in accordance with the objectives and principles specified in this Act. (2) Without limiting the generality of subsection (1), the Secretary has the following functions— (a) to promote awareness and understanding of disability within the community; (b) to advance the inclusion and participation of persons with a disability in the community; S. 8(2)(c) amended by No. 9/2023 s. 98(a). (c) to develop policies for disability services provided by the Secretary, contracted service providers and funded service providers; S. 8(2)(d) amended by No. 9/2023 s. 98(a). (d) to develop and publish criteria to enable priority of access to disability services provided by the Secretary, contracted service providers and funded service providers to be determined in a fair manner; S. 8(2)(e) amended by No. 9/2023 s. 98(b). (e) to determine priorities in relation to policy development, resource allocation and the provision of disability services provided by the Secretary, contracted service providers and funded service providers; S. 8(2)(f) amended by No. 9/2023 s. 98(c). (f) to monitor, evaluate and review disability services provided by the Secretary, contracted service providers and funded service providers; S. 8(2)(g) amended by No. 9/2023 s. 98(c). (g) to promote the quality of disability services provided by the Secretary, contracted service providers and funded service providers; (h) to promote the establishment of appropriate training courses and the availability of on‑going training for persons employed in the provision of disability services; (i) to foster collaboration, coordination and integration in the provision to persons with a disability of disability services with other local services; S. 8(2)(j) amended by Nos 19/2019 s. 23(2), 9/2023 s. 11(2). (j) to make recommendations and reports to the Minister with respect to matters relating to persons with a disability, NDIS participants and DSOA clients and to advise the Minister on the operation of this Act.