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. 5(3)(h) amended by No. 10/2012 s. 14(2)(a). (h) consider and respect the role of families, carers and other persons who are significant in the life of the person with a disability; S. 5(3)(i) amended by No. 10/2012 s. 14(2)(b). (i) acknowledge the important role families and carers have in supporting persons with a disability; (j) acknowledge the important role families have in assisting their family member to realise their individual physical, social, emotional and intellectual capacities; S. 5(3)(ja) inserted by No. 10/2012 s. 14(2)(c). (ja) acknowledge the important role carers have in assisting the people they care for to realise their individual physical, social, emotional and intellectual capacities; S. 5(3)(k) amended by No. 10/2012 s. 14(2)(d). (k) where possible strengthen and build capacity of families and carers who are supporting persons with a disability; S. 5(3)(l) amended by No. 10/2012 s. 14(2)(e). (l) have regard for the needs of children with a disability and preserve and promote relationships between the child, their family and other persons (including carers) who are significant in the life of the child with a disability; (m) be provided in a manner that respects the privacy and dignity of persons accessing the disability services; (n) be provided in a way which reasonably balances safety with the right of persons with a disability to choose to participate in activities involving a degree of risk; (o) have regard for any potential increased disadvantage which may be experienced by persons with a disability as a result of their gender, language, cultural or indigenous background or location;
(iii) any matter relating to disability referred to the Victorian Disability Advisory Council by the Minister; (b) effectively communicate with persons with a disability, the Government of Victoria and the community; (c) raise community awareness of the rights of persons with a disability and of the role of government, the business sector and the community in promoting those rights; (d) consult and work with other disability advisory councils or bodies whether at a national, state or local government level; (e) monitor the implementation of strategies for promoting inclusion and participation in the community of persons with a disability and for removing barriers to inclusion and participation. (2) The Victorian Disability Advisory Council must report annually to the Minister on the performance of its functions. 13 Provisions applying to the Victorian Disability Advisory Council (1) A member of the Victorian Disability Advisory Council— (a) holds office for the period, not exceeding 3 years, as is specified in the instrument of appointment but, subject to paragraph (b), is eligible for re-appointment; (b) can not hold office for more than 2 consecutive terms; (c) holds office on the terms and conditions specified in the instrument of appointment;
(a) has effect immediately it is given or from the time specified in the notice of temporary relocation; (b) must specify a relocation period ending not more than 90 days after the date on which the notice has effect. (3) If— S. 74(3)(a) amended by No. 22/2012 s. 26(2). (a) the proposed repairs will affect a resident's room but will not affect all the rooms in a group home; and S. 74(3)(b) amended by No. 22/2012 s. 26(2). (b) a room equivalent to the resident's room at an equivalent residential charge is available in the group home— the disability service provider must not give the notice under subsection (1)(h) unless the disability 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. (4) The disability service provider must notify the Secretary and the Public Advocate of the details of a notice of temporary relocation within 24 hours of the notice of temporary relocation being given. 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.
(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)— 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.
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. S. 85(3) amended by No. 22/2012 s. 33(2). * * * * *
(7) If subsection (6) applies, the Disability Services Commissioner is not required to comply with any provision of this Division requiring notice of any matter to be given to the person making the complaint unless the Disability Services Commissioner becomes aware of the identity of the person who made the complaint. (8) It is the duty of the Disability Services Commissioner to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint. 112 Withdrawal of complaint (1) The person who made a complaint to the Disability Services Commissioner may at any time withdraw the complaint by notifying the Disability Services Commissioner. (2) Subject to subsection (3), if the Disability Services Commissioner is notified under subsection (1), the Disability Services Commissioner must then stop dealing with the complaint. S. 112(3) amended by No. 22/2012 s. 42(1). (3) The Disability Services Commissioner may continue to deal with a complaint despite the complaint being withdrawn under subsection (1) if the Disability Services Commissioner considers that— S. 112(3)(a) amended by No. 22/2012 s. 42(2). (a) the health, safety or welfare of the person accessing the service may be affected; or (b) the complaint may have been withdrawn due to victimisation, coercion or duress. 113 Preliminary assessment of complaint (1) The Disability Services Commissioner must within the specified period decide whether to consider the complaint.
S. 116(3)(c) amended by No. 22/2012 s. 46. (c) state in the notice that a service provider may make submissions for the conciliation to the Disability Services Commissioner. S. 116(4) amended by No. 22/2012 s. 46. (4) The Disability Services Commissioner may require the person who made the complaint and the service provider to attend a conciliation either personally or by a representative who has authority to settle the matter on their behalf. S. 116(5) amended by No. 22/2012 s. 46. (5) If agreement with respect to the subject matter of the complaint is reached following the conciliation, the person who made the complaint or the service provider may within 30 days after agreement is reached request a written record of the conciliation agreement. (6) If a written record of the conciliation agreement is requested— (a) the Disability Services Commissioner must prepare the record; S. 116(6)(b) amended by No. 22/2012 s. 46. (b) the record must be signed by or on behalf of the person who made the complaint and the service provider; (c) the Disability Services Commissioner must certify the record signed under paragraph (b); S. 116(6)(d) amended by No. 22/2012 s. 46. (d) the Disability Services Commissioner must give a copy of the certified record to the person who made the complaint and the service provider. (7) Evidence of anything said or admitted during the conciliation process is not admissible in proceedings before a court or tribunal. 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—
S. 119(4) amended by No. 22/2012 s. 49(2). (4) Within the 45 day period mentioned in subsection (3) or a period specified in a written notice given under subsection (6), a service provider may request the Disability Services Commissioner to extend the time within which the service provider must report or produce information to the Disability Services Commissioner. S. 119(5) amended by No. 22/2012 s. 49(1). (5) The Disability Services Commissioner may on a request under subsection (4) extend the time within which the service provider must report or produce information by no more than 15 days. S. 119(6) amended by No. 22/2012 s. 49(2). (6) At the end of the relevant period under subsection (3), the Disability Services Commissioner may, by notice in writing, require a service provider to produce to the Disability Services Commissioner information about what action the service provider has taken upon the complaint, including action to remedy the complaint within the period specified in the notice. S. 119(7) amended by No. 22/2012 s. 49(2). (7) The Disability Services Commissioner may require a service provider to produce information by a notice given under subsection (6)— (a) in addition to any report received by the Disability Services Commissioner under subsection (3) or even if no report has been received under subsection (3); and S. 119(7)(b) amended by No. 22/2012 s. 49(2). (b) any number of times until the Disability Services Commissioner is satisfied that the service provider has taken appropriate action to remedy the complaint.
144 Powers of Public Advocate (1) After considering a report received under section 143, the Public Advocate may— (a) refer the matter to the Senior Practitioner; or S. 144(1)(b) amended by No. 22/2012 s. 62. (b) within 28 days of receiving the report, initiate an application to VCAT to review the decision to include the use of restraint or seclusion in the behaviour support plan. (2) This section is in addition to the powers of the Public Advocate under the Guardianship and Administration Act 1986. 145 Requirements for the use of restraint and seclusion S. 145(1) amended by No. 22/2012 s. 63(1)(2). (1) Before any restraint or seclusion can be used on a person to whom this Part applies, the inclusion of the use of restraint or seclusion in the behaviour support plan prepared under section 141 or reviewed under section 142 must be approved by the Authorised Program Officer. S. 145(2) amended by No. 22/2012 s. 63(3). (2) The Authorised Program Officer must not approve the inclusion of the proposed use of restraint or seclusion in the behaviour support plan unless the Authorised Program Officer is satisfied that the behaviour support plan has been prepared or reviewed in accordance with this Act. S. 145(3) amended by No. 22/2012 s. 63(4). (3) If the Authorised Program Officer has approved the inclusion of the proposed use of restraint or seclusion in the behaviour support plan under subsection (1), the disability service provider must at least 2 days before the proposed use of restraint or seclusion notify in writing the person to whom this Part applies—
Assent Date: 26.6.07 Commencement Date: S. 34 on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Disability Act 2006 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 16), (Sch. Pt 2 item 19) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Disability Act 2006 Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009 Assent Date: 1.12.09 Commencement Date: S. 10 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Disability Act 2006 Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009 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