Tasmanian Consolidated Acts

DISABILITY SERVICES ACT 2011

- Act 27 of 2011
- Royal Assent 21 September 2011

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Interpretation
   5.      Principles
   6.      Designated standards

   PART 2 - Planning and Reporting

           Division 1 - Planning and budgetary oversight

   7.      Strategic plan
   8.      Operational plans
   9.      Budgetary oversight

           Division 2 - Individual plans

   10.     Contents of individual plans
   11.     Approval of individual plans required by term or condition of grant to funded private persons
   12.     Approval of individual plans required by term or condition of grant to provider

   PART 3 - Funding

   13.     Provision of specialist disability services
   14.     Grants
   15.     Funding agreements with disability services providers
   16.     Funding agreements with disability research providers
   17.     Funding agreements with funded private persons
   18.     Amendment of funding agreement

   PART 4 - Monitoring of Grants

           Division 1 - Review of grants

   19.     Review of grants to funded disability services providers
   20.     Review of grants to funded disability research providers
   21.     Review of use being made of grant to funded private person

           Division 2 - Monitoring

   22.     Provision of assistance to enable compliance with terms and conditions of grant
   23.     Requirements must be imposed on entity if non-compliance continues
   24.     Failure of entity to comply with requirement

           Division 3 - Entry of premises

   25.     Secretary may authorise entry of premises
   26.     Rights of authorised officers to enter premises
   27.     Additional requirements where private funded premises entered
   28.     Rights of authorised officers after entry of premises

   PART 5 - Senior Practitioner

   29.     Senior Practitioner to be appointed
   30.     Functions and powers of Senior Practitioner
   31.     Annual report
   32.     Senior Practitioner may delegate functions, &c.
   33.     Persons to provide assistance to Senior Practitioner, &c.

   PART 6 - Regulation of Restrictive Interventions

           Division 1 - Preliminary provisions

   34.     Interpretation of Part 6
   35.     Functions of Senior Practitioner in relation to restrictive interventions
   36.     Use of unauthorised restrictive intervention prohibited

           Division 2 - Approvals by Secretary

   37.     Applications for approvals to carry out restrictive interventions
   38.     Approvals to carry out restrictive interventions
   39.     Provisions in respect of approvals by Secretary
   40.     Review, amendment and revocation of approval by Secretary of restrictive interventions

           Division 3 - Approvals by Tribunal

   41.     Applications for approvals to carry out restrictive interventions
   41A.    Provisional grant of approval to carry out restrictive intervention
   42.     Approvals to carry out restrictive interventions
   43.     Circumstances in which approvals may be granted
   44.     Provisions in respect of approvals by Tribunal
   45.     Review, amendment and revocation of approval by Tribunal

           Division 4 - Investigations and directions

   46.     Senior Practitioner to investigate, &c., use of restrictive interventions
   47.     Directions may be issued in relation to restrictive interventions

   PART 7 - Miscellaneous

   48.     Review by Magistrates Court (Administrative Appeals Division)
   49.     Secretary to be responsible for coordination of services
   50.     Sharing of information
   51.     Immunity
   52.     Regulations
   53.     Review of Act
   54.     Administration of Act
   55.     Savings and transitional

   PART 8 - Children, Young Persons and Their Families Act 1997 Amended

   56.      
   57.      

   PART 9 - Mental Health Act 1996 Amended

   58.      
   59.      

   PART 10 - Obstetric and Paediatric Mortality and Morbidity Act 1994 Amended

   60.      
   61.      

   PART 11 - Poisons Regulations 2008 Amended

   62.      
   63.      

   PART 12 - Legislation repealed

   64.     Legislation repealed
           SCHEDULE 1