common area means any area in which facilities are provided for the use of residents otherwise than as part of the room which the resident occupies; S. 3(1) def. of community residential unit repealed by No. 22/2012 s. 4(3). * * * * * community visitor means a person appointed under section 28; Community Visitors Board means the Board established under section 32; s. 3 complaint, in Division 5 of Part 6, means a complaint within the meaning of section 109; compulsory treatment means treatment of a person who is— (a) admitted to a residential treatment facility or a residential institution under an order specified in section 152(2); or (b) subject to a supervised treatment order; S. 3(1) def. of contracted service provider inserted by No. 22/2012 s. 4(5). contracted service provider means a person who has entered into a contract with the Secretary under section 10 to provide services to a person with a disability; Department means the Department of Human Services; detain, in Part 8, includes— (a) physically locking a person in any premises; and (b) constantly supervising or escorting a person to prevent the person from exercising freedom of movement;
residential treatment order has the same meaning as it has in section 3(1) of the Sentencing Act 1991; Residents' Trust Fund means the Residents' Trust Fund continued under section 91; RTO resident means a person who is subject to a residential treatment order; restraint means chemical restraint or mechanical restraint; restrictive intervention means any intervention that is used to restrict the rights or freedom of movement of a person with a disability including— (a) chemical restraint; (b) mechanical restraint; (c) seclusion; room means a room in a premises where the room is occupied or intended to be occupied by a person who has a right to occupy the room for the purpose of a residence together with a right to use in common with others common areas in the premises; s. 3 seclusion means the sole confinement of a person with a disability at any hour of the day or night— (a) in any room in the premises where disability services are being provided of which the doors and windows cannot be opened by the person from the inside; or (b) in any room in the premises where disability services are being provided of which the doors and windows are locked from the outside; or
S. 57(1A) inserted by No. 22/2012 s. 15(2). (1A) A disability service provider providing residential services is not required to give a residential statement under subsection (1) when a person with a disability commences residing at the residential service if— (a) the person with a disability is only residing at the residential service on a short term basis; and (b) the disability service provider is providing the accommodation for the purpose of providing respite to a carer of the person with a disability. S. 57(1B) inserted by No. 22/2012 s. 15(2). (1B) Nothing in subsection (1A) affects the obligation of a disability service provider to provide information under section 89. (2) The residential statement must specify— (a) the period to which the residential statement relates; (b) details of the residential services to be provided; S. 57(2)(c) substituted by No. 22/2012 s. 15(3). (c) the name and contact details of the disability service provider; (d) a statement as to the amount of the residential charge, what components will be provided and when and how the amount is to be paid; (e) any conditions which apply to the provision of the residential services; Example to s. 57(2)(e) amended by No. 22/2012 s. 15(4). Example A resident may have a behaviour support plan with which the resident must comply.
because of a change in the resident's support needs; s. 76 (l) the premises is to be sold or offered for sale with vacant possession; (m) no reason is to be specified. (2) A notice to vacate on a ground specified under paragraph (a), (b), (c), (d), (e), (f), (j) or (k) of subsection (1)— S. 76(2)(a) amended by No. 22/2012 s. 28(2). (a) cannot be given unless a temporary relocation notice issued on the same ground has already been given at least 24 hours previously; and (b) may specify a termination date that is not less than 28 days after the date on which the notice is given. (3) A notice to vacate on a ground specified under paragraph (g), (h), (i) and (l) of subsection (1) may specify a termination date that is not less than 60 days after the date on which the notice is given. (4) A notice to vacate under paragraph (m) of subsection (1) may specify a termination date that is not less than 120 days after the date on which the notice is given. (5) If— S. 76(5)(a) amended by No. 22/2012 s. 28(3). (a) the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in a group home; and S. 76(5)(b) amended by No. 22/2012 s. 28(3). (b) a room equivalent to the resident's room at an equivalent residential charge is available in the group home— s. 76 the disability service provider must not give the notice under subsection (1)(h) unless the disability
(2) If subsection (1)(f) or (1)(g) applies, the Disability Services Commissioner may refer the complaint and any relevant information to the person, court, board or tribunal which the Disability Services Commissioner considers has power to resolve or deal with the matter. S. 114(3) amended by No. 22/2012 s. 44(1). (3) Unless subsection (4) applies, the Disability Services Commissioner must not conciliate or investigate a complaint unless the Disability Services Commissioner is satisfied that all reasonable steps have been taken to resolve the matter with the service provider. (4) Despite subsection (3), the Disability Services Commissioner may refer a complaint for conciliation or investigate a complaint if the Disability Services Commissioner considers that if he or she does not do so— S. 114(4)(a) amended by No. 22/2012 s. 44(2). (a) the health, safety or welfare of the person accessing the service may be affected; or S. 114(4)(b) amended by No. 22/2012 s. 44. (b) there is a risk that the person accessing the service may be victimised or intimidated because the matter has been raised with the service provider. 115 Notice of decision to consider or not to consider complaint s. 115 (1) Within 14 days of deciding not to consider a complaint, the Disability Services Commissioner must give written notice of the decision to the person who made the complaint. S. 115(2) amended by No. 22/2012 s. 45. (2) Unless section 120 applies, within 14 days after deciding to consider a complaint, the Disability Services Commissioner must give written notice of the decision to the service provider.
116 Consideration of complaint suitable for conciliation (1) If— (a) the Disability Services Commissioner decides to consider a complaint in whole or in part; and (b) the Disability Services Commissioner considers that the complaint is suitable for conciliation— the Disability Services Commissioner must make all reasonable endeavours to conciliate the complaint. (2) The purpose of conciliation is to encourage the settlement of the complaint by— S. 116(2)(a) amended by No. 22/2012 s. 46. (a) arranging for the service provider and the person who made the complaint to hold informal discussions about the complaint; and (b) facilitating those discussions; and S. 116(2)(c) amended by No. 22/2012 s. 46. (c) if possible, assisting the service provider and the person who made the complaint to reach agreement. (3) Unless section 120 applies, within 14 days after the Disability Services Commissioner decides to conciliate the complaint, the Disability Services Commissioner must— s. 116 S. 116(3)(a) amended by No. 22/2012 s. 46. (a) give written notice of the decision to conciliate the complaint to the service provider and the person who made the complaint; and S. 116(3)(b) amended by No. 22/2012 s. 46. (b) include in the notice details of the arrangements made for conciliation discussions between the service provider and the person who made the complaint; and
117 Dealing with a complaint (1) The Disability Services Commissioner may stop dealing with a complaint if the Disability Services Commissioner is of the view that— (a) the complaint cannot be conciliated; or S. 117(1)(b) amended by No. 22/2012 s. 47(1). s. 117 (b) no further action is warranted; or S. 117(1)(c) inserted by No. 22/2012 s. 47(2). (c) it is reasonable to stop dealing with the complaint. S. 117(1A) inserted by No. 22/2012 s. 47(3). (1A) Within 14 days after the Disability Services Commissioner decides to stop dealing with a complaint, the Disability Services Commissioner must give written notice of the decision to the service provider and the person who made the complaint. S. 117(1B) inserted by No. 22/2012 s. 47(3). (1B) The notice must specify the reasons for the decision to stop dealing with the complaint. S. 117(2) amended by No. 22/2012 s. 47(4). (2) If a person who made a complaint and the service provider have resolved the matter by agreement and the Disability Services Commissioner becomes aware that the complaint has been resolved, the Disability Services Commissioner must stop dealing with the complaint under this Division unless the Disability Services Commissioner considers that the person making the complaint has been subjected to victimisation, coercion or duress.
S. 141(1) amended by No. 22/2012 s. 59(2). (1) This section applies if a disability service provider providing a disability service to a person to whom this Part applies— (a) is satisfied that the criteria specified in sections 140(a) and 140(b) apply; and S. 141(1)(b) amended by No. 22/2012 s. 59(3). (b) proposes to use restraint or seclusion on the person. S. 141(2) amended by No. 22/2012 s. 59(4). (2) The disability service provider must develop a behaviour support plan for the person to whom this Part applies that includes provisions which— S. 141(2)(a) amended by No. 22/2012 s. 59(5). (a) state the circumstances in which the proposed form of restraint or seclusion is to be used for behaviour support; (b) explain how the use of restraint or seclusion will be of benefit to the person; (c) demonstrate that the use of restraint or seclusion is the option which is the least restrictive of the person as is possible in the circumstances. S. 141(3) amended by No. 22/2012 s. 59(6). (3) In preparing the behaviour support plan, the disability service provider must consult with— S. 141(3)(a) amended by No. 22/2012 s. 59(7). (a) the person for whom the behaviour support plan is prepared; S. 141(3)(b) amended by No. 22/2012 s. 59(7). (b) if the person for whom the behaviour support plan is prepared has a guardian, the guardian; S. 141(3)(c) amended by No. 22/2012 s. 59(7). (c) if other disability service providers provide disability services to the person for whom the behaviour support plan is prepared, a
(c) a custodial supervision order made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; (d) an order transferring the person from a prison under section 166; s. 152 S. 152(2)(e) amended by No. 91/2009 s. 219(Sch. 3 item 1.1). (e) an extended supervision order made under the Serious Sex Offenders Monitoring Act 2005; S. 152(2)(f) inserted by No. 91/2009 s. 219(Sch. 3 item 1.2), amended by No. 29/2011 s. 3(Sch. 1 item 28.1). (f) a supervision order or interim supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009. S. 152(3) amended by No. 91/2009 s. 219(Sch. 3 item 1.3). (3) An order specified in subsection (2)(b), (2)(e) or (2)(f) cannot provide for the admission of the person in respect of whom it is made to a residential treatment facility unless the Secretary has provided a statement to the relevant person or body specifying that— (a) treatment is available in the residential treatment facility; and (b) the person satisfies the criteria specified in subsections (1)(a) to (1)(e); and (c) admission to the residential treatment facility is appropriate in the circumstances. S. 152(4) inserted by No. 91/2009 s. 219(Sch. 3 item 1.4). (4) In subsection (3), relevant person or body means— (a) in the case of an order specified in subsection (2)(b) or (2)(e)—the Adult Parole Board; and
section 152(2)(a), 152(2)(b), 152(2)(e) or 152(2)(f). (6) After reviewing a treatment plan, VCAT must set a date not later than 12 months for the next review. 155 Application for review of treatment plan s. 155 S. 155(1) amended by No. 22/2012 s. 71. (1) The Authorised Program Officer, the Senior Practitioner or the resident may at any time apply to VCAT for a review of a treatment plan. (2) In conducting a review of a treatment plan, VCAT must determine whether the treatment plan is appropriate having regard to the criteria specified in section 153(2). (3) After reviewing a treatment plan, VCAT may— (a) subject to subsection (4), confirm the treatment plan; or (b) subject to subsection (4), vary the treatment plan as specified in its determination; or (c) require the Authorised Program Officer to prepare a new treatment plan. (4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan. S. 155(5) amended by No. 91/2009 s. 219(Sch. 3 item 1.8). (5) VCAT can only vary a treatment plan if the variation is consistent with the order under section 152(2)(a), 152(2)(b), 152(2)(e) or 152(2)(f). (6) After reviewing a treatment plan, VCAT must set a date not later than 12 months for the next review. 156 Leave of absence s. 156
(3) The Secretary may grant an application for approval subject to any conditions that the Secretary considers appropriate. (4) In the case of a disability service in respect of which the disability service provider is the Secretary, the Secretary— (a) is to be taken to be approved to use supervised treatment; and (b) must ensure that an Authorised Program Officer is appointed for the disability service; and S. 186(4)(c) substituted by No. 22/2012 s. 77(3). (c) must approve the title of any position and the name of the holder of the position to be appointed as an Authorised Program Officer. S. 186(5) inserted by No. 22/2012 s. 77(4). (5) The Secretary may approve more than one person to be appointed as an Authorised Program Officer for the disability service provider. 187 Revocation of approval s. 187 (1) The Secretary may revoke the approval of a disability service provider to use supervised treatment if the Secretary considers it appropriate to do so. (2) For the purposes of subsection (1), the Secretary may have regard to the following— (a) the registration of the disability service provider has been revoked; (b) the disability service provider has failed to comply with requirements under this Act; (c) any other circumstances that the Secretary considers relevant. 188 Notice before refusal or revocation (1) The Secretary must not refuse an application under section 186 or revoke the approval of a
(a) the absence is contrary to the conditions specified in the supervised treatment order; or (b) the absence is in breach of the treatment plan; or (c) the absence requires the prior approval of the Authorised Program Officer and no approval has been given. Pt 8 Div. 6 (Heading and ss inserted by No. 22/2012 s. 82. Division 6—Restrictive interventions under treatment plans S. 201A inserted by No. 22/2012 s. 82. 201A Purpose and application of Division s. 201A (1) This Division applies to persons with a disability for whom a treatment plan is in force or is required to be prepared under this Part. (2) The purpose of this Division is to protect the rights of persons to whom this Division applies by ensuring that restrictive interventions are— (a) included in treatment plans for those persons only in accordance with this Division; and (b) used on those persons only if the requirements imposed by this Division are complied with. Note Part 7 contains corresponding protective provisions in relation to other persons with a disability. S. 201B inserted by No. 22/2012 s. 82. 201B Use of restrictive interventions s. 201B A disability service provider must not use a restrictive intervention on a person to whom this Division applies unless—
services to a person to whom this Division applies involving the use of restraint or seclusion. S. 201G inserted by No. 22/2012 s. 82. 201G Offence s. 201G A person who, except as provided in section 201D, applies restraint or seclusion to a person to whom this Division applies is guilty of an offence against this Act. Penalty: 240 penalty units. Note Section 149 provides a corresponding offence in relation to other persons with a disability. S. 201H inserted by No. 22/2012 s. 82. 201H Use of other restrictive interventions (1) In this section, other restrictive interventions means restrictive interventions other than restraint or seclusion. (2) The Senior Practitioner may, in respect of other restrictive interventions used by disability service providers on persons to whom this Division applies— (a) require a disability service provider to provide a report to the Senior Practitioner on the use of other restrictive interventions in disability services provided by the disability service provider; (b) develop guidelines and standards in relation to the use of other restrictive interventions; Note The guidelines and standards may include clinical guidelines and standards. (c) audit and evaluate the use of other restrictive interventions; (d) give written directions to disability service providers—
Assent Date: 13.3.13 Commencement Date: S. 55 on 14.3.13: s. 2 : This information relates only to the provision/s amending the Disability Act 2006 Disability Amendment Act 2013, No. 75/2013 Assent Date: 17.12.13 Commencement Date: 18.12.13: s. 2 : All of Act in operation Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 35) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Disability Act 2006 Endnotes Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 45) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Disability Act 2006 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 12) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Disability Act 2006 ––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.