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 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;
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 of community residential unit repealed by No. 22/2012 s. 4(3).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;
(c) to a part of any premises in which disability services are being provided; S. 3(1) def. of Secretary substituted by No. 29/2010 s. 7. Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department; security order means a security order made under section 166; security resident means a person in respect of whom a security order is in force; Senior Practitioner means the person appointed as the Senior Practitioner under section 23; services component means an amount for whichever of the following service items are provided to a resident— (a) utilities; (b) communications including telephone; s. 3 (c) bedding and linen; (d) food; (e) general household consumable supplies; (f) communal furnishings and whitegoods; (g) household equipment and utensils; (h) replacement of items specified in subparagraphs (b), (c), (e), (f), or (g) following wear and tear or accidental damage; special leave means leave from a residential treatment facility under section 157 or from a residential institution under section 171; supervised treatment means treatment used on a person with an intellectual disability under a supervised treatment order;
gender, language, cultural or indigenous background or location; (p) be designed and administered in a manner so as to ensure that persons with a disability have access to advocacy support where necessary to enable adequate decision making about the services they receive; s. 5 (q) be designed and provided in a manner which continues to reflect the role of the Secretary in providing and funding planning for persons with a disability; (r) be accountable for the quality of those services and for the extent to which the rights of persons with a disability are promoted and protected in the provision of those services. (4) If a restriction on the rights or opportunities of a person with a disability is necessary, the option chosen should be the option which is the least restrictive of the person as is possible in the circumstances. (5) It is the intention of Parliament that the principles specified in this section should wherever possible be given effect to in the administration of this Act and the provision of disability services. 6 Persons with an intellectual disability s. 6 (1) The following principles apply specifically in respect of persons with an intellectual disability— (a) persons with an intellectual disability have a capacity for physical, social, emotional and intellectual development;
of the Legislative Council or the Legislative Assembly as the case may be after the annual report has been received by the Minister. 36 Secrecy provision s. 35 (1) Unless subsection (2) applies, a person who is or has been, at any time, a community visitor must not, either directly or indirectly make a record of, or divulge or communicate to any person, or make use of, any information that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person— (a) to perform any official duties; or (b) to perform or exercise any function or power under this Act. 60 penalty units. (2) Subsection (1) does not prevent a person from— (a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or (b) divulging or communicating to a court, in the course of any proceedings referred to in paragraph (a), any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in subsection (1); or s. 36 (c) producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another
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.
(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 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;
S. 85(3) amended by No. 22/2012 s. 33(2). * * * * * S. 85A inserted by No. 22/2012 s. 34. 85A Extension of time for warrant to be executed (1) On the application of the person who obtained the warrant of possession, VCAT may from time to time make an order extending the time in which the warrant of possession may be executed. (2) An order under subsection (1) must not at any one time extend the time in which a warrant of possession may be executed by more than 30 days after the day on which the time for execution of the warrant would otherwise expire. (3) An order may not be made under subsection (1) if the time for execution of the warrant has passed. S. 85B inserted by No. 22/2012 s. 34. 85B Warrant of possession s. 85B (1) A warrant of possession must— (a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and (b) be directed— S. 85B(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 45.2). (i) to a police officer; or (ii) to an authorised person; and (c) give brief details of the possession order; and (d) be signed by the principal registrar. (2) The warrant of possession authorises the person to whom it is directed—
S. 143(2) amended by No. 22/2012 s. 61(6). (2) If the independent person considers that— S. 143(2)(a) amended by No. 22/2012 s. 61(2)(7). (a) a person for whom a behaviour support plan was prepared is not able to understand the inclusion of the use of restraint or seclusion in the person's behaviour support plan; and S. 143(2)(b) amended by No. 22/2012 s. 61(8). (b) the requirements of sections 140, 141, 142 and 143 are not being complied with— the independent person may report the matter to the Public Advocate or the Senior Practitioner. S. 143(3) amended by No. 22/2012 s. 61(9). (3) An independent person assisting a person to whom this Part applies must not— (a) be a disability service provider or a representative of a disability service provider; or s. 143 S. 143(3)(b) amended by No. 22/2012 s. 61(9). (b) have any interest in a disability service provider which is providing, or has provided, disability services to the person to whom this Part applies. S. 143(4) amended by No. 22/2012 s. 61(9). (4) If a person to whom this Part applies advises the disability service provider or the Authorised Program Officer that he or she does not consider that the person assisting him or her is an independent person, the Authorised Program Officer must arrange for an independent person to assist the person to whom this Part applies.
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— (a) there is a treatment plan in force for that person; and (b) the treatment plan includes the restrictive intervention. S. 201C inserted by No. 22/2012 s. 82. 201C Authorised Program Officers (1) An Authorised Program Officer must ensure that any restrictive intervention used on a person to whom this Division applies in the provision of a disability service for which the Authorised Program Officer is responsible is administered in accordance with this Division. (2) A disability service provider must advise the Senior Practitioner of the name and qualifications
205 Provision of staff services (1) The Secretary may having regard to the objectives and functions of the Secretary under this Act, make available to a disability service provider providing disability services the services of any person or class of persons employed in the Department under the Public Administration Act 2004. (2) A person or class of persons whose services are made available under subsection (1) to a disability service provider remains subject to the Public Administration Act 2004 but may be subject to the direction and control of the disability service provider for the purposes of duty in the assigned role to the extent and subject to any conditions determined and agreed to by the Secretary which cannot be less favourable than under the Public Administration Act 2004. 206 Special powers of Secretary s. 205 (1) The Secretary may at any time the Secretary thinks fit visit any disability service provider. (2) The Secretary is entitled when visiting any disability service provider to— (a) inspect any part of the premises; (b) see any person to whom disability services are being provided; (c) make inquiries in relation to any person to whom disability services are being provided; (d) inspect any document or record relating to— (i) the provision of disability services; or (ii) any person to whom disability services are being provided.
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 ––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.