32Approval of sheltered employment—non‑profit organisation

32 Approval of sheltered employment—non‑profit organisation

(1) If the Secretary is satisfied that: (a) one of the following provides paid employment for disabled persons at certain premises: (i) an entity registered under the Australian Charities and Not‑for‑profits Commission Act 2012; (ii) a not‑for‑profit entity that is not an ACNC type of entity; and (b) at least 50% of the persons employed at the premises are disabled persons; the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.

Note: Sheltered employment is relevant to the definition of gainful employment in section 19.

(2) For the purposes of subsection (1), a disabled person is a person: (a) who is: (i) permanently incapacitated for work; and (ii) the degree of the incapacity for work is 85% or more; and (iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or (b) who, in the Secretary’s opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.