Disabled persons’ organisations Act (ZInvo)

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I. INTRODUCTORY PROVISIONS

Article 1 (Contents of Act)

This Act shall regulate the status, scope of work, financing and property of disabled persons’ organisations.

Provisions of this Act, applying to natural persons, shall apply equally to men and women.

Article 2

(Disabled persons’ organisation)

A disabled persons’ organisation is an association or an association union operating in the public interest in the field of disabled persons’ care (hereinafter: disabled persons’ organisation) in accordance with this Act.

Disabled persons’ organisations shall be subject to the regulations governing associations, unless otherwise provided by this Act.

Article 3

(Purpose)

The purpose of a disabled persons’ organisation shall be voluntary and independent integration of disabled persons and their legal representatives on the basis of common interest, which enables them to establish, justify and fulfil special needs of disabled persons and represent their interests.

In its operations, a disabled persons’ organisation shall observe the principles of the national strategy for development of disabled persons’ care and international standards in the field of disabled persons’ care.

A disabled persons’ organisation may be established on the national or local level.

Article 4

(Obligation to consult disabled persons’ organisations)

Disabled persons’ organisations shall participate in the making of national policies and measures for ensuring equal opportunities and equal treatment of disabled persons.

The national authorities shall consult disabled persons’ organisations in all matters referred to in the preceding paragraph.

Article 5

(Membership)

The membership of a disabled persons’ organisation shall consist of disabled persons and their legal representatives.

The membership of a disabled persons’ organisation may include other natural persons supporting the operation of a disabled persons’ organisation in various ways.

Under this Act, a disabled person shall be an individual whose congenital or acquired disorder and handicaps conditioned or created by the physical and social environment prevent him or her from independently fulfilling, either fully or partially, his or her needs in personal, family and social life in his or her living environment, in accordance with the international classification in this context.

Article 6

(General public)

The operation and management of a disabled persons’ organisation shall be public.

The data entered in the disabled persons’ organisations register shall be public.

II. Activity

Article 7

(Profit and non-profit activities)

Activities carried out by a disabled persons’ organisation shall be not-for-profit.

Notwithstanding the principle of not-for-profit operation, a disabled persons’ organisation may pursue a gainful activity in accordance with the regulations governing associations.

A disabled persons’ organisation may not pursue a gainful activity as its principal activity.

Article 8

(Establishment of new organisation forms)

A disabled persons’ organisation may establish a disabled persons’ enterprise, foundation or institution when the establishment is related to the purpose of the operation of a disabled persons’ organisation and defined in the basic instrument of a disabled persons’ organisation.

A disabled persons’ organisation may establish or invest in an enterprise involved in a gainful activity exclusively from the resources allocated explicitly for this purpose.

Article 9

(Objectives)

The objectives of a disabled persons’ organisation aimed at achieving quality of disabled persons’ life shall be especially the following:

– enforcing the human rights of disabled persons,

– supporting integration in society and co-operation in everyday life,

– supporting non-discrimination against disabled persons,

– encouraging disabled persons to rely on their own strength and capacities,

– supporting the autonomy of disabled persons as service users,

– supporting the economic, social, health and legal protection of disabled persons,

– supporting social justice and equal opportunities.

Article 10

(Tasks)

In the scope of their activity, disabled persons’ organisations shall perform the following tasks:

1. identifying interests and advocating for the needs of disabled persons in all fields concerning the life of disabled persons, contributing to raising public awareness and influencing changes in favour of disabled persons;

2. planning, organising and implementing programmes to enable more active co-operation of individual groups of disabled persons and contribute to the removal of obstacles and a more independent life (training for active life and work, transport, provision of technical aids, personal assistance, care, physical assistance, day-care centres, clubs, programmes for children and young people with special needs, programmes for parents and relatives, interpretation and accompaniment, programmes for health maintenance and other rehabilitation programmes, information, publishing and cultural activity, recreation and sport and similar);

3. working alongside others in the prevention and removal of obstacles in the physical and social environments;

4. providing assistance in the promotion of disabled persons’ needs in the field of health protection, medical and social rehabilitation, education, training, employment, housing (apartments, homes), social security, culture, sport and recreation;

5. preventing and alleviating the social and mental consequences of disability;

6. training disabled persons for self-help and their relatives and volunteers for working and living with disabled persons;

7. developing the social skills of disabled persons and their access to information in different fields of life;

8. encouraging the actions of competent authorities and organisations to achieve successful resolution of disabled persons’ issues to the maximum extent possible;

9. co-operating in making national measures and proposing the adoption of regulations and measures in the field of disabled persons’ care;

10. representing, protecting and exercise rights and interests of disabled persons on the national or local level;

11. providing advocacy, opening possibilities for the development of self-help and charity;

12. co-operating with other disabled persons’ organisations at home and abroad.

For the implementation of tasks referred to in Points 2, 5, 6 and 7 of the preceding Paragraph, disabled persons’ organisations may establish special social programmes supplementing public services and rights determined by the laws in the field of disabled persons’ protection.

Disabled persons’ organisations may implement other tasks determined in the basic instrument of a disabled persons’ organisation as common interests.

III. STATUS OF A DISABLED PERSONS’ ORGANISATION

Article 11

(Criteria for granting the status of a disabled persons’ organisation)

An association or an association union shall be granted the status of a disabled persons’ organisation when:

1. it has defined in its basic instrument individual tasks referred to in Points 2, 4, 5, 6, 7 and 10 of Article 10 of this Act, and implements them at the national or local level;

2. the regular membership of the association consists of disabled persons and their legal representatives;

3. it successfully implements at least one specialised social programme supporting independent life of a certain group of disabled persons;

4. it has professionally trained staff for the implementation of specialised social programmes;

5. it implements specialised social programmes for disabled persons, both members and non-members.

Article 12

(Application for acquisition of status of a disabled persons’ organisation)

An application for the acquisition of status of a disabled persons’ organisation may be submitted by an association or association union to the ministry competent for disabled persons’ care.

Article 13

(Evidence for acquisition of status of a disabled persons’ organisation)

An application for the acquisition of status of a disabled persons’ organisation must be accompanied by the following:

1. evidence on registration, name, registered office and representative of the association or association union;

2. the basic instrument of the association or association union certified by the competent administrative unit;

3. a report on activities and material and financial operation of the association or association union in the previous year;

4. a report on the implementation of specialised social programmes for disabled persons in the previous year;

5. evidence on completed professional education, relevant professional examinations passed and references for the implementation of specialised social programmes of staff.

When an application for acquisition of status of a disabled persons’ organisation is submitted by an association union, it must be accompanied by evidence on meeting the criteria for acquisition of status of a disabled persons’ organisation for associations united within the union.

Article 14

(Procedure for granting status of a disabled persons’ organisation)

The minister competent for disabled persons’ care shall establish by decision whether the criteria for acquisition of status of a disabled persons’ organisation have been met, and decide on entry in the register.

An administrative dispute may be initiated against the decision.

The status of a disabled persons’ organisation shall be granted to an association or association union on the basis of a final decision on entry in the register of disabled persons’ organisations.

Associations united in a union and meeting the criteria to be granted status of a disabled persons’ organisation shall be entered in the register of disabled persons’ organisations on the basis of a joint decision granting the status of disabled persons’ organisation to an association union.

Article 15

(Withdrawal of status of a disabled persons’ organisation)

The ministry responsible for disabled persons’ care shall withdraw status of a disabled persons’ organisations when:

– a disabled persons’ organisation has requested withdrawal of the status,

– a disabled persons’ organisation no longer meets the criteria for acquisition of status of a disabled persons’ organisation under this Act,

– a disabled persons’ organisation has failed to operate in compliance with Article 3 of this Act,

– an association or association union has been removed from the register of associations,

– a disabled persons’ organisation has withdrawn or has been excluded from a disabled persons’ organisation that acquired status of a disabled persons’ organisation as an association union.

Article 16

(Procedure of withdrawal of status of a disabled persons’ organisation)

The minister competent for disabled persons’ care shall withdraw the status of a disabled persons’ organisation and decide on removal from the register of disabled persons’ organisation by means of decision.

An administrative dispute may be initiated against the decision referred to in the preceding Paragraph.

The status of a disabled persons’ organisation of an association or association union shall be terminated on the basis of a final decision on removal from the register of disabled persons’ organisations.

Article 17

(Register of disabled persons’ organisations)

The ministry responsible for disabled persons’ care shall keep a register of disabled persons’ organisations.

The register of disabled persons’ organisations shall contain the following data:

1. reference number of entry;

2. date of entry;

3. name of disabled persons’ organisation;

4. registered office of disabled persons’ organisation;

5. personal name of the representative of the disabled persons’ organisation;

6. number and date of decision granting status of a disabled persons’ organisation;

7. date of termination of status of a disabled persons’ organisation.

Disabled persons’ organisations shall be obliged to report to the minister competent for disabled persons’ care any changes of data kept in the register of disabled persons’ organisations within 30 days of their occurrence.

IV. REPRESENTATIVE DISABLED PERSONS’ ORGANISATIONS

Article 18

(Role of representative disabled persons’ organisations)

Representative disabled persons’ organisations shall:

– represent disabled persons and their interests in dialogue with authorities at the national and international levels,

– propose, in accordance with regulations, representatives of disabled persons for working bodies in national and other authorities dealing with disabled persons’ issues,

– propose or appoint representatives of disabled persons for authorities of international organisations and associations of the same kind,

– integrate and harmonise their interests with those of other disabled persons’ organisations.

State authorities and other public institutions shall be obliged to offer the opportunity to present the interests and opinions of disabled persons also to those disabled persons’ organisations that do not have the status of a representative disabled persons’ organisation.

Article 19

(Criteria for acknowledgement of status of a representative disabled persons’ organisation)

The status of a representative disabled persons’ organisation shall be granted when:

1. it has been granted the status of disabled persons’ organisation and operates in the territory of the entire state;

2. it implements, in addition to the tasks referred to in Point 1 of Article 11 of this Act, the tasks referred to in Points 1, 9 and 12 of Article 10 of this Act;

3. it covers more than 33% of disabled persons with the same type of disability in the Republic of Slovenia or more than 33% of disabled persons with different types of disability, but with an equal legal or social status.

When no disabled persons’ organisation in the Republic of Slovenia meets the criteria referred to in Point 3 of the preceding Paragraph, the status of a representative disabled persons’ organisation may be granted to the disabled persons’ organisation which covers most disabled persons with the same type of invalidity or disabled persons with different types of disability, but with an equal legal or social status.

The same type of invalidity shall include conditions resulting from the limitations of an individual due to the same physical, intellectual or sensory impairments related to the same illnesses, disorders or injuries, in relation to the environment.

Equal legal status shall be the legally based status of a disabled person recognised by decision.

Equal social status of disabled persons shall be social recognition of the same activities carried out by disabled persons as members of the social groups in which they participate. Only those types of social status for which official data collections or records are kept shall be observed as criteria for establishing the status of a representative disabled persons’ organisations.

Article 20

(Application for acknowledgement of status of a representative disabled persons’ organisation)

An application for the status of a representative disabled persons’ organisation may be submitted by a disabled persons’ organisation to the ministry competent for disabled persons’ care.

Article 21

(Evidence for the acknowledgement of status of a representative disabled persons’ organisation)

The following must be attached to the application for the acknowledgement of status of a representative disabled persons’ organisation:

1. the decision granting status of a disabled persons’ organisation;

2. the report on the implementation of tasks referred to in Points 1, 9 and 12 of Article 10 of this Act, and

3. a declaration on the number of members with the same type of disability and their legal representatives, or

4. a declaration on the number of members with equal legal or social status.

Article 22

(Procedure for the acknowledgement of status of a representative disabled persons’ organisation)

The minister competent for disabled persons’ care shall establish by decision whether the criteria for the acknowledgement of status of a representative disabled persons’ organisation have been met, and decide on entry in the register.

An administrative dispute may be initiated against the decision.

The status of a representative disabled persons’ organisation shall be acknowledged on the basis of a final decision on entry in the register.

The data on the number of disabled persons with the same type of disability or the same legal or social status must be submitted free of charge to the ministry competent for disabled persons’ care by administrators of database or records from which the data on the type of disability or the legal or social status of disabled persons may be acquired.

Article 23

(Termination of status of a representative disabled persons’ organisation)

The status of a representative disabled persons’ organisation shall be terminated by the withdrawal of representativeness for the organisation.

The minister competent for disabled persons’ care shall issue a decision on termination of the status of a representative disabled persons’ organisation when the organisation no longer meets the criteria referred to in Article 19 of this Act.

Article 24

(Register of disabled persons’ organisations)

The ministry responsible for disabled persons’ care shall keep a register of representative disabled persons’ organisations.

The register of representative disabled persons’ organisations shall contain the following data:

– reference number of the entry,

– date of entry,

– name of representative disabled persons’ organisation,

– number and date of the decision on the acknowledgement of status of a representative disabled persons’ organisation,

– date of termination of the status of a representative disabled persons’ organisation.

Article 25

(National Council of Disabled Persons’ Organisations)

Representative and other disabled persons’ organisations operating at the national level may unite in the National Council of Disabled Persons’ Organisations (hereinafter: the National Council).

The National Council shall be established by a contract between disabled persons’ organisations referred to in the preceding paragraph, which shall determine the tasks of the National Council and the relationships among the united disabled persons’ organisations. The contract shall be submitted to the minister competent for disabled persons’ care, who shall keep a register of disabled persons’ organisations.

All members of the National Council shall be equal. Any disabled persons’ organisation wishing to do so and operating at the national level may enter the National Council.

The National Council must communicate to the minister competent for disabled persons’ care any changes in the contract within 30 days.

The National Council may not acquire the status of a disabled persons’ organisation.

Article 26

(Purpose of establishment of the National Council)

The National Council shall bring together the interests of all people with disabilities in the country, taking account of the respective autonomy of each organisation, and represent them in dialogue between disabled people’s organisations and in dialogue with professional associations, national authorities, public institutions and other public groups.

The National Council shall propose, in line with regulations, common representatives of disabled persons for the authorities of state and other public institutions and for the authorities of international organisations and associations, and carry out other mutually agreed activities.

V. FINANCING AND PROPERTY OF DISABLED PERSONS’ ORGANISATIONS

Article 27

(Financing of disabled persons’ organisation)

A disabled persons’ organisation may acquire the funds for its operation:

– by means of membership fees,

– under material rights and activities of a disabled persons’ organisation,

– by means of gifts and bequests,

– by means of donor contributions,

– from budgetary and other public resources, and

– from other sources.

Besides the sources referred to in the preceding Paragraph, a disabled persons’ organisation may acquire the funds for its operation and for investments in fixed assets from the resources of the Foundation for the Financing of Disability and Humanitarian Organisations in the Republic of Slovenia (hereinafter: the Foundation).

In addition, a disabled persons’ organisation may earmark resources acquired in the manner referred to in the preceding paragraph for co-financing of specialised social programmes and investments in fixed assets for a legal person, as referred to in Article 8 of this Act, which a disabled persons’ organisation has established itself and which it owns 100%, when the Foundation has granted resources for this purpose.

A disabled persons’ organisation shall acquire resources from budgetary and other public sources in the same manner as associations. The status of a representative disabled persons’ organisation does not constitute an advantage for an organisation in acquisition of resources from the Foundation.

Article 28

(Economic relief)

Under acts and regulations, disabled persons’ organisations shall be granted special exemptions and reliefs, unless otherwise provided by field legislation.

Article 29

(Financial documentation)

A disabled persons’ organisation must draw up its financial documentation for planning, financial operation and annual reporting so as to clearly set out financial resources, costs of operation, of implementation of specialised social programmes and of investments.

This data shall be set out in accordance with the accounting standards for disabled persons’ organisations adopted by an authorised organisation.

A disabled persons’ organisation must deposit any surplus inflows of resources that cannot yet be used for implementation of programmes exclusively in banks authorised for operation by the Bank of Slovenia.

Personal income derived from the activities of individuals in disabled persons’ organisations must be defined by the basic or special instrument of a disabled persons’ organisation and must not exceed the limit set out by the laws and the collective agreement for the field of health and social care.

Article 30

(Annual report)

The annual report on the operation of a disabled persons’ organisation shall be considered and adopted by the competent authority of a disabled persons’ organisation.

A disabled persons’ organisation shall submit an annual report on operation to an organisation authorised to process and publish data by the last day of February of the current year; a disabled persons’ organisation shall report on the use of the resources of legal and natural persons earmarking funds for the disabled persons’ organisation to these persons within the time limits set by themselves.

Article 31

(Supervision)

The legality, allocation and cost-effective use of public resources acquired by a disabled persons’ organisation for the implementation of its activities shall be supervised by its competent authority and by the Court of Auditors.

The implementation of specialised social programmes and investments shall be supervised by the competent authorities of a disabled persons’ organisation, as well as by expert authorities authorised by legal and natural persons earmarking resources for the disabled persons’ organisation.

The meeting of criteria for status of a disabled persons’ organisation and of criteria for status of a representative disabled persons’ organisation shall be supervised by the ministry competent for disabled persons’ care at least every five years. The provisions of Articles 11 and 18 of this Act shall apply mutatis mutandis to supervision.

Article 32

(Property management)

A disabled persons’ organisation shall manage and handle its property with due diligence.

The property of a disabled persons’ organisation cannot be distributed among the members of a disabled persons’ organisation. Any such distribution of property shall be null and void.

The property of a disabled persons’ organisation acquired from the resources of a Foundation may be alienated only with the consent of the Foundation.

Article 33

(Property upon termination of operation)

Upon the termination of operation of a disabled persons’ organisation, the handling of its property acquired during the period when it had status of a disabled persons’ organisation shall be subject to the provisions of the Associations Act.

Upon the termination of operation of a disabled persons’ organisation, the share of its property acquired during the period when it had the status of a disabled persons’ organisation and contributed by the Foundation shall pass to the Foundation.

In deciding on the disposal of the property referred to in the preceding paragraph, the Foundation shall give priority to the needs of those disabled persons for whom the property was intended in the first place.

VI. PENALTY PROVISIONS

Article 34

(Financial penalty)

A fine of SIT 200,000 to SIT 500,000 shall be imposed on a disabled persons’ organisation when it:

– acts or operates contrary to Article 6 of this Act,

– exceeds the field of operation determined by the basic instrument,

– pursues an activity contrary to Article 7 of this Act,

– uses the resources of the Foundation contrary to the provisions of Paragraph 3 of Article 27 of this Act,

– draws up financial documents or demonstrates data contrary to Article 29 of this Act, and

– fails to communicate to the ministry competent for disabled persons’ care the changes in data kept in the register referred to in Article 17 of this Act.

A fine of SIT 100,000 to 300,000 shall also be imposed for an offence referred to in the preceding paragraph on the responsible person of the disabled persons’ organisation concerned.

Article 35

(Financial penalty)

A fine of SIT 100,000 to SIT 300,000 shall be imposed on a disabled persons’ organisation that fails to communicate to the ministry competent for disabled persons’ care changes in data kept in the register referred to in Article 17 of this Act within the required time limit.

A fine of SIT 50,000 to 100,000 shall also be imposed for an offence referred to in the preceding paragraph on the responsible person of the disabled persons’ organisation concerned.

VII. TRANSITIONAL AND FINAL PROVISIONS

Article 36

(Deferred validity of decisions on status of disabled persons’ organisation and representative disabled persons’ organisation)

The ministry competent for disabled persons’ care shall initiate the procedures for granting the status of disabled persons’ organisation and representative disabled persons’ organisation on the day this Act enters into force. Final decisions issued in procedures under Articles 14 and 22 of this Act shall take effect on 1 July 2003.

Article 37

(Public interest under other regulations)

An association or an association union which has acquired the status of a disabled persons’ organisation under this Act and which has been granted the status of association acting in a public interest shall retain this status.

Article 38

(Adoption of accounting standard)

The accounting standard for disabled persons’ organisations referred to in paragraph 2 of Article 29 of this Act shall be adopted within one year of the entry into force of this Act.

Pending the adoption of the accounting standard referred to in the preceding Paragraph, the accounting standard for associations shall apply.

Article 39

(Entry into force)

This Act shall enter into force on the fifteenth day following its publication in Uradni list Republike Slovenije (Official Gazette of the Republic of Slovenia).

No.: 172-01/94-7/13

Ljubljana, 27 November 2002

President of the National Assembly of the Republic of Slovenia

Borut Pahor