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 of community residential unit repealed by No. 22/2012 s. 4(3).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; 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;
S. 3(1) def. of resident's administrator amended by No. 57/2014 s. 151(1). resident's administrator means the resident's attorney appointed under an enduring power of attorney under the Powers of Attorney Act 2014 to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property; S. 3(1) def. of resident's guardian substituted by No. 57/2014 s. 151(2). resident's guardian means— (a) the resident's guardian— (i) appointed under the Guardianship and Administration Act 1986; or (ii) appointed by the court; or (iii) if the resident is a child, the child's guardian, whether or not the natural parent of the child; or (b) the attorney of the resident appointed to be responsible for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014; residential charge means a charge comprising the rent component or both the rent component and the services component; residential institution means any premises which is proclaimed to be, or deemed to be, a residential institution under section 86; S. 3(1) def. of residential service substituted by No. 22/2012 s. 4(4). residential service means residential accommodation— (a) provided by, on behalf of, or by arrangement with, a disability service provider; and
S. 74(1) amended by No. 22/2012 s. 26(1). (1) A disability service provider may give a resident a written notice of temporary relocation from a group home if— S. 74(1)(a) amended by No. 22/2012 s. 26(1). (a) the resident by act or omission endangers the safety of other residents or staff of the group home; (b) the resident is causing serious disruption to the proper use and enjoyment of the premises by other residents; S. 74(1)(c) amended by No. 22/2012 s. 26(1). (c) the resident is a danger to themselves and the disability service provider cannot continue to support the resident in the group home; (d) it is for the resident's safety or well-being; (e) the resident has knowingly or intentionally damaged the room or the premises; (f) the resident has used the premises for a purpose that is illegal at common law or under an Act; (g) the premises is not suitable for the provision of disability services; (h) the disability service provider intends to repair the room immediately after the notice of temporary relocation has effect and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the resident vacates the room; S. 74(1)(i) amended by No. 22/2012 s. 26(1). (i) the level and kind of support services provided in the group home is not appropriate to the needs of the resident because of a change in the resident's support needs. (2) A notice of temporary relocation—
(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
(d) it is for the resident's safety or well-being; (e) the resident has knowingly or intentionally damaged the room or the premises; (f) the resident has used the premises for a purpose that is illegal at common law or under an Act; (g) the resident has failed to pay the residential charge; S. 76(1)(h) amended by No. 22/2012 s. 28(1). (h) the disability service provider intends to repair, renovate, reconstruct or demolish the premises immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the resident vacates the group home; (i) disability services will not continue to be provided at the premises; (j) the premises is not suitable for the provision of disability services; S. 76(1)(k) amended by No. 22/2012 s. 28(1). (k) the level and kind of support services provided in the group home is not appropriate to the needs of the resident because of a change in the resident's support needs; (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)—
to the person's obligations in relation to the execution of a warrant— (a) does not answer a question asked by, or produce a document required by, the person executing the warrant; or (b) in answer to a question gives information which the person knows to be false or misleading— is guilty of an offence and liable to a penalty not exceeding 60 penalty units. 125 False statements A person who makes a statement in a complaint, report or return under this Division which the person knows to be false or misleading in a material respect is guilty of an offence and liable to a penalty not exceeding 60 penalty units. 126 Person not to be penalised for making a complaint A person who— (a) by threats or intimidation persuades or attempts to persuade another person not to make a complaint to the Disability Services Commissioner or not to continue discussion with or proceedings before the Disability Services Commissioner; or (b) refuses to employ or dismisses another person or subjects another person to any detriment, because the other person intends to make a complaint, or has made a complaint, to the Disability Services Commissioner, or intends to take part, is taking part, or has taken part, in discussions with or proceedings before the Disability Services Commissioner— is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(c) during that review, an independent person was available in accordance with this section. 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(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. 145(3)(a) amended by No. 22/2012 s. 63(4)(a). (a) that the Authorised Program Officer has approved the inclusion of the proposed use of restraint or seclusion in the person's behaviour support plan; and S. 145(3)(b) amended by No. 22/2012 s. 63(4). (b) the person to whom this Part applies has a right to apply to VCAT for a review of the decision to include the use of restraint or seclusion in the person's behaviour support plan. S. 145(4) amended by No. 22/2012 s. 63(3). (4) The Authorised Program Officer must within 2 working days of approving the inclusion of restraint or seclusion in the behaviour support plan under subsection (1) provide to the Senior Practitioner— S. 145(4)(a) amended by No. 22/2012 s. 63(3). (a) a copy of the behaviour support plan; 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 provides for the use of restraint or seclusion; and (b) an approved disability service provider is of the opinion that there is an emergency because— S. 147(1)(b)(i) amended by No. 22/2012 s. 65(2). (i) there is an imminent risk of a person to whom this Part applies causing serious physical harm to themselves or any other person; and (ii) it is necessary to use restraint or seclusion to prevent that risk. S. 147(2) amended by No. 22/2012 s. 65(3). (2) If this section applies, the approved disability service provider may use restraint or seclusion on the person to whom this Part applies if— S. 147(2)(a) amended by No. 22/2012 s. 65(4). (a) the use and form of restraint or seclusion is the option which is the least restrictive of the person as is possible in the circumstances;
(3) Within 2 days of the treatment plan being prepared, the Authorised Program Officer must— (a) give a copy of the treatment plan to the person with a disability; and S. 153(3)(ab) inserted by No. 22/2012 s. 70(2). (ab) explain to the person with a disability that the person can seek a review of the treatment plan by VCAT under section 155 at any time if the person wants to do so; and S. 153(3)(b) amended by No. 22/2012 s. 70(3). (b) lodge a copy of the treatment plan with the Senior Practitioner for his or her approval. S. 153(3A) inserted by No. 22/2012 s. 70(4). (3A) On receiving a treatment plan under subsection (3)(b), the Senior Practitioner— (a) must consider the acceptability of the treatment plan, having regard to— (i) the provisions required to be included in the treatment plan by subsection (2); and (ii) any law, policy or practice that the Senior Practitioner considers is relevant; and (b) may— (i) if he or she is satisfied that the treatment plan is acceptable, approve the treatment plan; or (ii) direct the Authorised Program Officer to change the treatment plan; or (iii) apply to VCAT for a review of the plan under section 155. (4) An Authorised Program Officer must provide a report on the implementation of a treatment plan to the Senior Practitioner at the intervals, not
S. 201B inserted by No. 22/2012 s. 82. 201B Use of restrictive interventions 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 of any person appointed as an Authorised Program Officer in the manner and within the period determined by the Senior Practitioner. Penalty: 10 penalty units. (3) The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer. S. 201D inserted by No. 22/2012 s. 82. 201D Use of restraint and seclusion Restraint or seclusion can only be used on a person to whom this Division applies— (a) if the use of restraint or seclusion is necessary— (i) to prevent the person from causing physical harm to themselves or any other person; or
the purpose of, or connected with, the transfer of property to the Secretary. S. 225E inserted by No. 29/2010 s. 12. 225E Land etc. vests subject to encumbrances (1) If land vests in fee simple in the Secretary under section 225B, the land so vested is subject to the encumbrances (if any) to which the land was subject immediately before so vesting. (2) If leases are taken to be held by the Secretary under section 225B, the leases are subject to the same encumbrances (if any) to which the leases were subject immediately before they were held by the Secretary. (3) If licences are taken to be held by the Secretary under section 225B, the licences are subject to the same encumbrances (if any) to which the licences were subject immediately before they were held by the Secretary. (4) If an interest in land vests in the Secretary under section 225B, the interest so vested is subject to the encumbrances (if any) to which the interest was subject immediately before so vesting. New s. 226 inserted by No. 22/2012 s. 83. 226 Community visitors A person who, before the day on which the Disability Amendment Act 2012 comes into operation, was appointed as a community visitor for a particular region is, on and from that day, taken to be appointed as a community visitor generally. New s. 227 inserted by No. 22/2012 s. 83. 227 Behaviour support plans (1) On and after the day on which the Disability Amendment Act 2012 comes into operation, a behaviour management plan (within the meaning of this Act as in force immediately before that day) is taken to be a behaviour support plan.