Queensland Numbered Acts

DISABILITY SERVICES AND OTHER LEGISLATION (NDIS) AMENDMENT ACT 2019 - SECT 62

62 Amendment of s 39 (Definitions for pt 6)

(1) Section 39 , definition
"private dwelling house" —
omit.

(2) Section 39 —
insert—

"chapter 5B approval" means an approval given under the Guardianship and Administration Act 2000 , chapter 5B.

"funded adult participant" means an adult—

(a) with impaired capacity for a personal matter or a financial matter, or with an impairment; and

(b) who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan.

"private dwelling house" means premises at which an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, lives if the premises are used, or used principally, as a separate residence for—

(a) if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or

(b) if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or

(c) if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or

(d) if paragraphs (a), (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only.

"relation" , of an adult, means—

(a) a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or

(b) if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or

(c) if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult.

"relevant class of supports" means any of the following classes of supports under the National Disability Insurance Scheme Act 2013 (Cwlth) —

(a) high intensity daily personal activities;

(b) assistance with daily life tasks in a group or shared living arrangement;

(c) specialist positive behaviour support that involves the use of a restrictive practice;

(d) specialist disability accommodation.

"specialist disability accommodation" means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth) , section 35 about the funding of SDA.

"specialist positive behaviour support" has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth) .

(3) Section 39 , definition
"visitable site" —
insert—

(ba) premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that—

(i) are paid for wholly or partly from funding under the national disability insurance scheme; and

(ii) are provided under the adult’s participant’s plan; and

(iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and

(iv) are within the relevant class of supports; or

(4) Section 39 , definition
"visitable site" , paragraphs (ba) and (c) —
renumber as paragraphs (c) and (d) .