authorised officer means a person appointed as an authorised officer under section 207; S. 3(1) def. of Authorised Program Officer substituted by No. 22/2012 s. 4(1). Authorised Program Officer means— (a) in relation to a disability service provider who is the Secretary, a person appointed as an Authorised Program Officer by the Secretary; (b) in relation to any other disability service provider, a person appointed as an Authorised Program Officer by the disability service provider and approved by the Secretary; S. 3(1) def. of behaviour management plan substituted as behaviour support plan by No. 22/2012 s. 4(2). behaviour support plan means a plan developed for a person with a disability which specifies a range of strategies to be used in supporting the person's behaviour including proactive strategies to build on the person's strengths and increase their life skills; benefit to the person means maximising a person's quality of life and increasing their opportunity for social participation; S. 3(1) def. of carer inserted by No. 10/2012 s. 14(1). carer has the same meaning as in the Carers Recognition Act 2012; chemical restraint means the use, for the primary purpose of the behavioural control of a person with a disability, of a chemical substance to control or subdue the person but does not include the use of a drug prescribed by a registered medical practitioner for the treatment, or to enable the treatment, of a mental illness or a physical illness or physical condition;
(e) garbage storage and disposal facilities; (f) bathroom, toilet and washing facilities; (g) appliances for heating or cooling premises; (h) communications facilities; (i) lawns, gardens and outhouses; (j) stairways— provided for the use of a resident otherwise than as a part of the room; S. 3(1) def. of Fair Work Australia inserted by No. 74/2009 s. 10(1). Fair Work Australia has the same meaning as in the Fair Work Act 2009 of the Commonwealth; forensic resident has the same meaning as it has in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3(1) def. of funded service provider inserted by No. 22/2012 s. 4(5). funded service provider means a person who— (a) provides services to a person with a disability; and (b) receives from the Secretary funding provided under section 9 for the purpose of providing those services; S. 3(1) def. of group home inserted by No. 22/2012 s. 4(5). group home means a residential service which is declared to be a group home under section 64; intellectual disability, in relation to a person over the age of 5 years, means the concurrent existence of— (a) significant sub-average general intellectual functioning; and
(b) significant deficits in adaptive behaviour— each of which became manifest before the age of 18 years; leave of absence means temporary leave from a residential treatment facility under section 156 or from a residential institution under section 170 given to a resident in accordance with the resident's treatment plan; mechanical restraint means the use, for the primary purpose of the behavioural control of a person with a disability, of devices to prevent, restrict or subdue a person's movement but does not include the use of devices— (a) for therapeutic purposes; or (b) to enable the safe transportation of the person; Minister means the Minister for Community Services; notice of intention to vacate means a notice given under section 80; notice of temporary relocation means a notice given under section 74; notice to vacate means a notice given under section 76; person includes a body or association (corporate or unincorporate) and a partnership; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 45.1). police officer has the same meaning as in the Victoria Police Act 2013;
premises means a structure that is designed to be used for human habitation and the area outside that structure which is part of the property on which the premises is located and includes— (a) the room occupied or to be occupied by a resident; (b) any common area; (c) any facilities; prison has the same meaning as in the Corrections Act 1986; Public Advocate means the Public Advocate appointed under section 12 of the Guardianship and Administration Act 1986; S. 3(1) def. of region amended by No. 26/2014 s. 455(Sch. item 35). region has the same meaning as in the Supported Residential Services (Private Proprietors) Act 2010; register of disability service providers means the register of disability service providers kept under section 46; S. 3(1) def. of registered medical practitioner inserted by No. 13/2010 s. 51(Sch. item 19). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); rent component means an amount for the use by a resident of the room, any common area and the premises; resident means a person who receives disability services in a residential service;
(h) consider ways of improving disability services complaints systems; (i) provide advice to the Disability Services Board; (j) refer issues to the Disability Services Board for advice; (k) develop programs for persons in the handling of complaints; (l) determine what action should be taken by a disability service provider where a complaint has been found to be justified; (m) subject to the approval of the Minister, to initiate inquiries into— (i) matters referred by the Disability Services Board; and (ii) broader issues concerning services for persons with a disability arising out of complaints received; (n) provide education and information about complaints relating to disability services; (o) provide training about the prevention and resolution of complaints relating to disability services; (p) conduct research into complaints relating to disability services and mechanisms for resolving complaints relating to disability services; (q) perform any other functions specified in this Act. 17 Powers of the Disability Services Commissioner (1) In performing functions under this Act, the Disability Services Commissioner may do any of the following—
S. 64 (Heading) amended by No. 22/2012 s. 20(1). 64 Declaration of residential service as a group home S. 64(1) amended by No. 22/2012 s. 20(2). (1) The Minister may by a notice published in the Government Gazette declare a residential service to be a group home. S. 64(2) amended by No. 22/2012 s. 20(3). (2) If a residential service declared to be a group home is managed by the Secretary, the Secretary is the disability service provider in respect of that group home for the purposes of this Division. 65 Residential charge S. 65(1) amended by No. 22/2012 s. 21. (1) A disability service provider may charge a residential charge for the provision to a resident of residential services in a group home. (2) The residential charge is to consist of an amount for the components which are provided to the resident in accordance with the residential statement. (3) The Secretary may make and publish guidelines with respect to residential charges. 66 Notice of increase in residential charge S. 66(1) amended by No. 22/2012 s. 22. (1) A disability service provider must give at least 60 days notice in writing of a proposed increase in the residential charge to a resident in a group home and the resident's guardian or the resident's administrator, if any. (2) Subject to subsection (3), a disability service provider must not increase the rent component of the residential charge payable by a resident at intervals of less than 6 months. (3) If a disability service provider provides an additional service item to the resident at the
S. 74(5) amended by No. 22/2012 s. 26(2). (5) During the relocation period specified under subsection (2), the resident is excluded from the room or the group home as specified in the notice of temporary relocation and is to be relocated by the disability service provider in alternative accommodation. (6) The disability service provider may seek the assistance of the Secretary to obtain suitable alternative accommodation for the resident who is to be relocated. (7) Except as provided in subsection (8), a disability service provider must not use the room for another resident during the relocation period specified in the notice of temporary relocation. S. 74(8) substituted by No. 22/2012 s. 26(3). (8) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(h), the room may only be used— (a) for emergency purposes; or (b) on a short term basis for the purpose of providing respite to a carer of a person with a disability. S. 74(9) amended by No. 22/2012 s. 26(2). (9) At the expiry of a notice of temporary relocation, a resident is entitled to return to the group home unless a notice to vacate has been given under section 76. (10) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(h), the disability service provider must ensure that if a review of the resident's support plan has not been conducted in the period of 3 months before the notice of temporary relocation was given, a review of the resident's support plan is completed under section 54 before the notice of temporary relocation expires. (11) If the notice of temporary relocation was given on a ground specified in subsection (1)(a), (1)(b),
(1)(c), (1)(e) or (1)(f), the disability service provider must ensure that— S. 74(11)(a) amended by No. 22/2012 s. 26(4). (a) if a review of the resident's behaviour support plan has not been conducted in the period of 3 months before the notice of temporary relocation was given, that a review of the resident's behaviour support plan is completed before the notice of temporary relocation expires; or S. 74(11)(b) amended by No. 22/2012 s. 26(4). (b) if the resident does not have a behaviour support plan, that a behaviour support plan is prepared before the notice of temporary relocation expires. S. 74(12) amended by No. 22/2012 s. 26(2). (12) During the period that a resident is relocated to alternative accommodation, including another group home, the resident is to be taken to be accommodated in emergency or transitional housing and Division 2 does not apply in respect of that accommodation. (13) The disability service provider must take reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation as soon as is reasonably possible in the circumstances. (14) The taking of reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation does not affect the continued application of that matter as the ground for the issue of the notice of temporary relocation. 75 Termination of residency S. 75 amended by No. 22/2012 s. 27(1). A residency in a group home is terminated— (a) by agreement in writing between the disability service provider and the resident;
service provider has first offered an equivalent room to the resident and the resident has refused to occupy that room in place of the resident's current room. (6) A notice to vacate under this section— (a) must specify the ground on which the notice is given; (b) must state the termination date in accordance with this section; S. 76(6)(c) amended by No. 22/2012 s. 28(4). (c) must be signed by the disability service provider; S. 76(6)(d) substituted by No. 22/2012 s. 28(5). (d) must be given to— (i) the resident; and (ii) the resident's guardian or the resident's administrator, if any. (7) The disability service provider must notify the Secretary and the Public Advocate of the details of a notice to vacate within 24 hours of the notice to vacate being given. (8) For the purposes of subsection (1)(k), "support services" has the same meaning as it has in section 60(3). 77 Effect of notice to vacate (1) If a notice to vacate is issued while a notice of temporary relocation is in force— (a) the temporary notice to relocate continues in force only until the end of the period of notice applying to the notice to vacate;
(ii) has accrued no further arrears of residential charge from the time of the application to the date of resumption of the adjourned hearing. (6) A possession order must include— S. 84(6)(a) amended by No. 22/2012 s. 32(2). (a) the day (being a day not more than 30 days after the day on which the possession order is made) by which the resident must vacate the room and group home; and S. 84(6)(b) amended by No. 22/2012 s. 32(2). (b) a direction to the resident to vacate the room and group home by the day specified in the order; and (c) a direction to the principal registrar to issue a warrant of possession in accordance with section 85 on the application of the person who obtained the possession order. S. 84(7) amended by Nos 22/2012 s. 32(4), 37/2014 s. 10(Sch. item 45.2). (7) A possession order for a room in a group home must also include a warning that if the resident fails to comply with the direction in subsection (6)(b), he or she may be forcibly vacated from the room and group home by a police officer or an authorised person carrying out a warrant of possession. 85 Issue of warrant of possession S. 85(1) amended by No. 22/2012 s. 33(1). (1) A person who obtains a possession order under section 83 may apply to the principal registrar for a warrant of possession— (a) immediately if the possession order so provides; or (b) within 6 months after the date of the possession order if the resident fails to comply with the possession order. (2) An application under this section must be accompanied by the prescribed fee, if any.
(b) deposited in a trust account until it is dealt with on behalf of the resident. 60 penalty units. S. 93(3) amended by No. 22/2012 s. 35(2). (3) If a disability service provider providing residential services manages, controls or holds on trust under subsection (2) the money of a resident, the disability service provider must— S. 93(3)(a) substituted by No. 22/2012 s. 35(3). (a) keep a copy of the consent given in accordance with subsection (1) in relation to that money; S. 93(3)(b) substituted by No. 22/2012 s. 35(3). (b) if the money is not deposited in a trust account in accordance with subsection (2), keep the money of the resident in a secure place; (c) maintain an accurate and up to date financial management system which provides a record of— (i) the money of the resident; (ii) the receipt and expenditure by the disability service provider of the money of the resident; (iii) any investment of the money of the resident; (d) ensure that records kept under paragraph (c) individually itemise each transaction made on behalf of the resident. 60 penalty units. S. 93(4) amended by No. 22/2012 s. 35(2)(4). (4) A disability service provider who manages, controls or holds on trust under subsection (2) the money of a resident must provide a statement at the end of each month to the person who gave consent under subsection (1) specifying—
person who made it and the service provider may resolve the matter by agreement, whether through the conciliation process or not. S. 117(4) amended by No. 22/2012 s. 47(4). (4) If the person who made a complaint and the service provider resolve the matter by agreement, the person who made the complaint must without delay give notice of the fact to the Disability Services Commissioner. (5) The Disability Services Commissioner may reopen any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1) if— (a) the person who made the complaint has provided new or additional information; and (b) the Disability Services Commissioner considers that the person who made the complaint is able to show good reason as to why the information was not previously provided. S. 117(6) inserted by No. 22/2012 s. 47(5). (6) The Disability Services Commissioner may reopen any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1)(c) if the Disability Services Commissioner considers it is reasonable to do so. S. 117(7) inserted by No. 22/2012 s. 47(5). (7) A complaint is re-opened under subsection (5) or (6) when the Disability Services Commissioner gives written notice of the decision to reopen the complaint to the service provider and the person who made the complaint. S. 117(8) inserted by No. 22/2012 s. 47(5). (8) The notice must specify the reasons for the decision to reopen the complaint. 118 Investigation of a complaint
121 Duty to stop proceedings (1) The Disability Services Commissioner must stop dealing with an issue raised in a complaint if— S. 121(1)(a) amended by No. 22/2012 s. 51(1). (a) the Disability Services Commissioner becomes aware that the person who made the complaint or the service provider has begun legal proceedings which relate to that issue; or S. 121(1)(b) amended by No. 74/2009 s. 10(2). (b) the Disability Services Commissioner becomes aware that proceedings relating to that specific issue have been initiated before Fair Work Australia or the Australian Industrial Relations Commission; or (c) the Disability Services Commissioner considers that the issue should properly be dealt with by a court or VCAT. S. 121(2) amended by No. 22/2012 s. 51(1). (2) Within 14 days after the Disability Services Commissioner stops dealing with a complaint under subsection (1), the Disability Services Commissioner must give written notice that the Disability Services Commissioner has stopped dealing with the complaint to the person who made the complaint and the service provider. (3) Despite subsection (1)(a), the Disability Services Commissioner may, with the consent of— (a) the person who made the complaint; and S. 121(3)(b) amended by No. 22/2012 s. 51(1). (b) the service provider— continue dealing with the matter, but only by conciliation. S. 121(4) amended by No. 22/2012 s. 51(2). (4) If subsection (3) applies, the Disability Services Commissioner must stop dealing with the complaint when the Disability Services
(7) There must be stated in a warrant— (a) the purpose for which the warrant is issued; and (b) the name of the person to whom the warrant is issued; and (c) a general description of the classes of persons (if any) who may be examined; and (d) a description of the premises which may be entered. (8) A magistrate who issues a warrant must cause a record to be made of particulars of the grounds the magistrate has relied on to justify the issue of the warrant. (9) If asked by the occupier or a person in charge of the premises, the person executing a warrant must produce it for inspection. (10) Nothing in this section or a warrant issued under this section or a requirement made in executing a warrant prevents a person from— S. 124(10)(a) amended by No. 69/2009 s. 97(Sch. Pt 1 item 16.2). (a) refusing to answer a question or produce a document because the answer would relate to, or the documents contain, information in respect of which the person claims legal professional privilege or client legal privilege; or (b) refusing to answer a question or produce a document, if the answer or the information in the document would tend to incriminate the person. (11) A warrant ceases to have effect— (a) at the end of the period of a month after its issue; or (b) if it is withdrawn by the magistrate who issued it; or
S. 142(3)(b) amended by No. 22/2012 s. 60(5). (b) if the person for whom the behaviour support plan was prepared has a guardian, the guardian; S. 142(3)(c) amended by No. 22/2012 s. 60(5). (c) if other disability service providers provide disability services to the person for whom the behaviour support plan was prepared, a representative of each disability service provider; S. 142(3)(d) amended by No. 22/2012 s. 60(4). (d) any other person that the disability service provider considers integral to the review of the behaviour support plan. 143 Independent person S. 143(1) amended by No. 22/2012 s. 61(1)(a). (1) An Authorised Program Officer must ensure that an independent person is available to explain to a person to whom this Part applies— S. 143(1)(a) amended by No. 22/2012 s. 61(2). (a) the inclusion of the proposed use of restraint or seclusion in the person's proposed behaviour support plan; S. 143(1)(b) amended by No. 22/2012 s. 61(1)(b) (2)(3). (b) that the person can seek a review of the decision to include the proposed use of restraint or seclusion in the person's proposed behaviour support plan if the person wants to do so. S. 143(1)(c)(d) repealed by No. 22/2012 s. 61(4). * * * * * S. 143(1A) inserted by No. 22/2012 s. 61(5). (1A) Subject to subsection (1B), if changes are proposed to a behaviour support plan as a result of a review of the plan by a disability service provider, an Authorised Program Officer must ensure that an independent person is available to explain to the person for whom the behaviour support plan was prepared— (a) the details of those changes; and
S. 145(4)(b) amended by No. 22/2012 s. 63(2). (b) the name and details of the independent person who assisted the person to whom this Part applies. 146 Review by VCAT S. 146(1) amended by No. 22/2012 s. 64(1). (1) An application to VCAT by a person for whom a behaviour support plan is prepared for review of the inclusion of the use of restraint or seclusion in the person's behaviour support plan must be made within 28 days after the day on which the person is notified under section 145 of the decision to approve the inclusion of the proposed use of restraint or seclusion in the person's behaviour support plan. (2) On an application under this section, VCAT must determine the review having regard to the requirements of this Part. (3) VCAT may— S. 146(3)(a) amended by No. 22/2012 s. 64(2). (a) confirm the decision to include the use of restraint or seclusion in the person's behaviour support plan and dismiss the application; or S. 146(3)(b) amended by No. 22/2012 s. 64(2)(3). (b) order the disability service provider to prepare a new behaviour support plan for the person for whom the behaviour support plan was prepared in accordance with the order; or S. 146(3)(c) amended by No. 22/2012 s. 64(2)(3). (c) direct that the use of restraint or seclusion is to be removed from the behaviour support plan for the person for whom the behaviour support plan was prepared. 147 Use of restraint or seclusion in an emergency (1) This section applies if— S. 147(1)(a) amended by No. 22/2012 s. 65(1)(2). (a) a person to whom this Part applies does not have a behaviour support plan approved by an Authorised Program Officer which
(4) On an appeal against a refusal to grant extended leave, the Court of Appeal may— (a) confirm the refusal to grant extended leave; or (b) grant extended leave in accordance with section 162; or (c) remit the matter, with or without directions, to the court that refused to grant extended leave. (5) On an appeal against a grant of extended leave, the Court of Appeal may— (a) confirm the grant of extended leave; or (b) quash the grant and order that extended leave be refused; or (c) quash the grant and remit the matter, with or without directions, to the court that made the grant. (6) If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal. 164 Suspension and revocation of extended leave (1) Extended leave for a RTO resident granted under section 162 may be suspended at any time by the Secretary if the Secretary is satisfied on reasonable grounds that the safety of the person on leave or members of the public will be seriously endangered if leave is not suspended. (2) If extended leave is suspended, the Secretary must— (a) as soon as is practicable confirm the suspension in writing to the person formerly on leave; and
Assent Date: 15.12.09 Commencement Date: S. 219(Sch. 3 item 1) on 1.1.10: Government Gazette 24.12.09 p. 3397 : This information relates only to the provision/s amending the Disability Act 2006 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 19) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Disability Act 2006 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 11 on 23.6.10; ss 7–10, 12 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Disability Act 2006 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 28) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Disability Act 2006 Serious Sex Offenders (Detention and Supervision) Amendment Act 2011, No. 83/2011 Assent Date: 21.12.11 Commencement Date: S. 18 on 1.3.12: Special Gazette (No. 45) 21.2.12 p. 1 : This information relates only to the provision/s amending the Disability Act 2006 Carers Recognition Act 2012, No. 10/2012 Assent Date: 20.3.12 Commencement Date: S. 14 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Disability Act 2006 Associations Incorporation Reform Act 2012, No. 20/2012 Assent Date: 1.5.12 Commencement Date: S. 226(Sch. 5 item 11) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 : This information relates only to the provision/s amending the Disability Act 2006 Disability Amendment Act 2012, No. 22/2012