Victorian Numbered Acts

DISABILITY ACT 2006 (NO 23 OF 2006) Services Act 1986 - NOTES

Act No. 23/2006

Victoria

No. 23 of 2006

Disability Act 2006^[†]

[Assented to 16 May 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 1 March 2006

    Legislative Council: 4 April 2006

    The long title for the Bill for this Act was "to enact a new legislative scheme for persons with a disability, to repeal the Intellectually Disabled Persons' Services Act 1986 and the Disability Services Act 1991, to amend certain other Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	226–250
commencement	2
objectives	4
principles	5
purpose	1
repeals	222
transitional provisions	223–225
Administrators	101–103
Appeals	163, 165
See also Review
Attorney-General	163, 165
Authorised officers
appointment	207
definition	3
false, misleading information given to	211
hindrance, obstruction	212
identification	208–209, 212
impersonation	213
powers	210
protection against self-incrimination	210, 214
Authorised Program Officers
appointment, approval	135, 139, 186, 190
definition	3
powers, duties regarding
assessment orders	199
residents of residential treatment facilities	151, 153–161
restrictive intervention, restraint, seclusion	139–140, 142–143, 145, 147–148
security residents	167–173, 178
supervised treatment and orders	186, 190–197, 199, 201
register	139, 190
Behaviour management plans
definition	3
entry to resident's room for purposes of	60
residents of community residential units	74
restrictions on residents imposed by	58
review	142–143, 145, 146
use of other restrictive interventions in	150
use of restraint, seclusion included in	140–145
Chemical restraint See Restraint and seclusion
Children with a disability	5, 20, 48, 52
Community residential units
abandonment of room	75
application of Part 5, Division 2	63
behaviour of residents	74, 76
damage to rooms	74, 76
Subject	Section
death of residents	75
definition	3
forcible vacation from	84
inappropriate support services, premises	74, 76
notice of intention to vacate	3, 75, 79–81
notice of temporary relocation	3, 74, 76, 77, 81
notice to vacate	3, 75–79, 81–82
possession orders, warrants	83–85
premises (def.)	3
repairs to rooms	74, 76
residential charges
charging of	65
definition	3
failure to pay	76, 84
guidelines	65
increases	66, 71–73
limits on payments in advance	67
method of payment	68
prescribed relevant amounts	72
receipts for, records of payment	69
reduction if service items reduced	70
refunds	70, 73
rent component (def.)	3, 66
services component, items	3, 66, 70
residential services declared to be	64
review of resident's support plan	74
termination of residency in	75–77
Community visitors
appointment	28
Community Visitors Board	3, 32–35, 131
definition	3
disclosure of information	36
functions	30
persons deemed to be	31
reports by, referral of matters to Board, others	33–35
resident's right to see	57
terms and conditions of appointment	29
visits to residential services	129–132
Complaints
definition	3
information on procedure for, right to make	57, 89
made to, about a disability services provider	104–106
made to Disability Services Commissioner
actions taken to remedy complaint	119
application of Part 6, Division 6	108
assistance for Commissioner	124
assistance given by Commissioner in making	111
Commissioner's general powers	122–124
conciliation	116, 118, 121
confidentiality, disclosure of information	111, 128
consideration	115
Subject	Section
failure to take action to remedy	19
false statements	125
informal resolution	113
inquiries	119, 121–123
investigation	111, 112, 114, 118, 120, 122–124
justified complaints	119
making of	111
matters complaints may be about	109
no further action warranted	117
not conciliated	117
not considered	114, 115
not dealt with	117, 121
notice requirements	115–121
obstruction of Commissioner	124
oral complaints	111
persons who may make complaints	110
preliminary assessment	113
production of documents relevant to	113
protection of Commissioner	127
protection of person making complaint	126
purpose of Part 6, Division 6	107
referral to other persons, bodies	114
re-opening	117, 121
resolution by agreement	116, 117
warrants for purpose of investigation	124
withdrawal	112
proceedings regarding	121
Compulsory treatment
definition	3
orders enabling provision of	152
Senior Practitioner's special powers	27
See also Residential treatment facilities; Residential institutions; Supervised treatment orders
Council See Victorian Disability Advisory Council
Councils	38
Court of Appeal	163, 165
Criminal orders	75
Definitions	3, 38, 60, 93, 113, 150, 162
Developmental delay (def.)	3
Director of Public Prosecutions
appeals regarding extended leave for RTO resident	163, 165
notice of transfer from prison of persons on remand	166, 180
Disability
assessment, determination	49–51
definition	3
See also Persons with a disability
Disability Action Plans	38
Subject	Section
Disability services
contracts with Secretary for provision of	10, 100
definition	3
information systems in Department	39
principles regarding provision of	5–6
refusal to provide	49
requests for	49
See also Persons with a disability; other headings beginning with Disability services
Disability service providers
administrators	101–103
breaches of, non-compliance with performance measures, conditions, contracts, requirements	99–100, 102
contracts for provision of services	10, 100, 102
definition	3
disclosure of information	39
false and misleading statements	202
funds for	9, 98–100
incompetent, inefficient management	102
information provided by	7, 89
named in Commissioner's annual report	19
performance measures	98–99
removal of committee of management of	100
Secretary as	64, 90, 135, 186
Secretary's powers, directions to	99–100, 206
Senior Practitioner's special powers	27
standards	97
See also Complaints; Persons with a disability; Disability service providers – Registration; Residential services; Restrictive intervention; Supervised treatment orders
Disability service providers – Registration
applications	40
change in information recorded in register	47
conditions, restrictions, limitations	41
duration	41
grant	41
persons, bodies deemed to be registered	48
refusal to grant, renew	44
register (def.)	3, 46
renewal	42
review of decisions regarding	45
revocation	43–44, 136, 187
Disability Services Board
definition	3
establishment, constitution	20
functions	22
procedure	21
referral of issues to, from Commissioner	16, 21
reports from Commissioner to	22
Subject	Section
Disability Services Commissioner
acting Commissioner	15
annual report	19
appointment, terms and conditions of office	14
definition	3
delegation	17
employees, expert assistance	18
functions	16
powers	17
proceedings brought by	218
referral of issues to, from Disability Services Board	16, 21
referral of matters from Community Visitors Board	33
reports from disability service providers to	105
reports to Disability Services Board	22
secrecy provisions	128
See also Complaints
Emergency housing	74
Entry and inspection powers	124
Evidentiary provisions	219
Forensic residents	3, 180–182
Guardians See Residents' guardians and administrators
Health Services Commissioner	20
Inspection powers See Entry and inspection powers
Intellectual disability
assessment, determination of	6, 166, 180
definition	3
planning, support plans for persons with	55
principles applying with regard to persons with	6
See also Compulsory treatment; Forensic residents; Residential institutions; Residential treatment facilities; Security residents; Supervised treatment orders
Leave of absence See Residential treatment facilities; Security residents
Legal proceedings	218–219
Legal professional privilege	215
Mechanical restraint See Restraint and seclusion
Minister
definition	3
evidentiary provisions	219
powers, duties, functions regarding
administrators	102, 103
community residential units	64
community visitors	129
Community Visitors Board	34–35
Disability Services Board	20–22
Disability Services Commissioner	16, 19
Subject	Section
funds	9
persons with intellectual disability	6
residential institutions	87
standards of disability services	97
State Disability Plan	37
Victorian Disability Advisory Council	11–13
Offences and penalties
by bodies corporate	216
by more than one person	217
by partnerships, unincorporated bodies	217
proceedings for	218
regarding
authorised officers	209–213
community visitors	36, 130–132
complaints	104, 119, 124–126
defacing of documents	203
disability service providers	47, 98–99, 207
disclosure of information	39, 128
false, misleading statements	202, 211
residential charges	69
residential services under administrators	103
residents' guardians, residents' administrators	93
residents' money	93
residents' rights	62
restrictive interventions	134, 139
Senior Practitioner	27
supervised treatment	184–185, 190
use of restraint, seclusion	149
Ombudsman	33
Persons with a disability
management of money of	90
planning for	52–55
principles regarding rights, responsibilities	5–6
provision of advice, notification, information to	7
support plans	3, 54–55, 74
See also Intellectual disability
Police
apprehension of residents absent without leave	160, 174, 201
power to bring proceedings	218
Public Advocate
as member of Community Visitors Board	32
definition	3
powers, functions, notice regarding
community residential units	74, 76
community visitors	28–29
supervised treatment orders	191, 194, 196
use of restraint, seclusion	143–144
visits to residents in residential services	131
Public sector bodies	38
Regulations	56, 72, 221
Repeals	222
Subject	Section
Residential institutions
admission to	87
definition	3
forensic residents in	180–182
principles	6
proclamations, institutions deemed to be	86
review of decisions to admit	88
support plans for residents of	55
transfers from residential treatment facilities to	161
See also Security residents
Residential services
administrators	103
definition	3
duties of service providers (general)	57, 58
facilities (def.)	3
purpose, application of Part 5	56
residential charges	3, 57
residents
access to rooms, other areas in premises	58
definition	3
duties in general	59
entry to rooms of	60–61
interference with rights of	62
management of money	90, 93–96
residential statements for	57, 89
residents' guardians, residents' administrators	3, 80, 93, 130, 141, 142
Residents' Trust Fund	3, 91–92, 94–96
restrictions on	58
support services for	60
visits by community visitors	57, 129–132
See also Community residential units; Residential institutions; Residential treatment facilities; Supervised treatment orders
Residential treatment facilities
admission	151, 152
classification	151
definition	3
forensic residents in	180–182
orders for provision of compulsory treatment	152
proclamations, purpose	151
residents detained in
apprehension of persons absent without leave	160
definition of detain	3
extended leave for RTO residents	3, 162–165
leave	3, 153, 156–158
transfers to other residential facilities, institutions	161
treatment plans	153–156
security conditions	159
See also Security residents
Subject	Section
Residential Treatment Order residents See RTO residents
Residents See Residential services
Residents' guardians and residents' administrators
definitions	3
disability service providers prohibited from being	93
powers, duties, functions regarding
behaviour management plans	141, 142
inspection of medical records	130
notice of intention to vacate	80
resident's money	93
Residents' Trust Fund	3, 91–92, 94–96
Restraint and seclusion
chemical restraint (def.)	3
definition	3
in behaviour management plans	140–145
mechanical restraint (def.)	3
referral to Senior Practitioner	144
reports by Senior Practitioner	148
reports to Public Advocate	143–144
requirements	145
review of inclusion in behaviour management plan	144–146
unauthorised use	149
use	140
use in emergencies	147
Restrictive interventions
approval	135–137
authorisation	27, 140
Authorised Program Officers	3, 135, 139
definition	3
for residents of residential treatment facilities	153
purpose of Part 7	133
refusal, revocation of approval	135–137
review	138
Senior Practitioner's special powers	27
use	134
use of interventions other than restraint, seclusion	150
See also Restraint and seclusion
Review
of decisions regarding
assessment, determination of disability	50
registration of disability service providers	45
restrictive interventions	138
security orders	168
special leave	157, 171
supervised treatment	189
treatment plans	154–155, 168–169
use of restraint, seclusion	144, 145, 146
RTO residents	162–165
See also Residential treatment facilities
Seclusion See Restraint and seclusion
Subject	Section
Secretary
definition	3
delegation	204
evidentiary provisions	219
general role, functions	8
powers, duties, functions regarding
administrators	102, 103
assessment, determination of disability	49–51
authorised officers	207
community residential units	64, 74, 76, 80
contracts	10
Disability Services Board	20
forensic residents	180
funds	9
information systems in Department	39
intellectual disability	6
legal proceedings	218
residential institutions	87
residential services	57, 60
residential treatment facilities	151–152, 158, 161
Residents' Trust Fund	91–92, 94–96
restrictive interventions	135–136
RTO residents	162–165
security residents, orders	166–167, 172, 175, 177–178
Senior Practitioner	23–24
staff for organisations, associations	205
supervised treatment	186–188
referral of matters from Community Visitors Board	33
special powers	206
See also Disability services providers
Security orders
definition	3
interim orders	166
making of	166
review	168
termination	175, 177
Security residents
apprehension of residents absent without leave	174
death	176
definition	3
discharge	177
leave of absence, special leave	3, 170–172
persons on remand	166
release	175
security conditions	173
security orders for	166, 168, 175, 177
transfer from prison to residential facilities, institutions	166
transfer to other residential facilities, institutions	178–179
transfer to prison	175, 177
treatment plans for	166–170
Subject	Section
Self-incrimination
protection from	210, 214
Senior Practitioner
appointment	23
definition	3
delegation	25
employees, expert assistance	26
functions	24
powers, duties, functions, reports to regarding
assessment orders	199
Authorised Program Officers	139, 190
behaviour management plans	58, 142
compulsory treatment	27
residents of residential services	58, 60
residents of residential treatment facilities	152, 153, 156, 157, 161
security residents	167, 170, 171, 178
supervised treatment, orders	190, 191, 195–197
restrictive interventions, restraint, seclusion	27, 140, 144, 145, 147–148, 150
referral of matters from Community Visitors Board	33
Special leave See Residential treatment facilities; Security residents
State Disability Plans	37
Supervised treatment orders
applications for	191–194, 199
assessment orders	199
definition	3
detention under	184
duration	193
implementation	195
interim orders	192
making of, matters provided for	193
prevail over guardianship orders	200
purpose of Part 8, Division 5	183
re-hearings	197–198
residents of community residential units subject to	75
review	196
revocation	196
stay of operation	197
supervised treatment under
administration	190
approval to use	186
changes in levels of supervision, restriction	195
definition	3
notice of approval, revocation	188
review of decisions regarding	189
revocation of approval	187
treatment plans	191, 193, 195–196, 199
unauthorised use	185
variation	196
Subject	Section
Support plans	3, 54–55, 74
Transitional housing	74
Treatment plans
assessment orders to enable development of	199
definition	3
entry to resident's room for purposes of	60
forensic residents	180
persons in residential treatment facilities	153–156
persons subject to supervised treatment orders	191, 193, 195–196, 199
restrictions on residents imposed by	58
security residents	166–170
VCAT
jurisdiction, review powers, orders regarding
admission to residential institutions	88
assessment, determination of disability	50
community residential units	70–73, 75, 82–84
leave from residential treatment facilities	156–157
registration of disability service providers	45
restraint, seclusion	144, 145, 146
restrictive interventions	138
security residents, orders	168–171, 175, 177
supervised treatment, orders	189, 191–198
treatment plans	153–155, 168–169, 195–196
Victorian Civil and Administrative Tribunal See VCAT
Victorian Disability Advisory Council	3, 11–13
Warrants	85, 124