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Human Services (Complex Needs) Bill
Victorian Legislation and Parliamentary Documents
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EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed and that if a provision of the Bill does not come
into operation before 30 June 2004, it comes into operation on
that day.
Clause 3 defines certain words and expressions used in the Bill.
Clause 4 sets out four guiding principles of the Bill. The well-being,
health, safety and stable housing of a person who is assessed and
in respect of whom a care plan is implemented is of paramount
consideration.
PART 2--THE MULTIPLE AND COMPLEX NEEDS PANEL
Clause 5 establishes the Multiple and Complex Needs Panel.
Clause 6 sets out the constitution of the Panel. The Chairperson, appointed
members and alternate members must have relevant experience
in, or knowledge of, one of several listed areas.
Clause 7 provides that the functions of the Panel include--
· determining whether a person is an eligible person;
· considering recommendations and draft care plans made
or provided to it by the multi-disciplinary assessment
agency and determining care plans;
· appointing care plan co-ordinators and monitoring the
implementation of care plans and the progress of
persons to whom they relate;
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· varying or terminating care plans;
· expending any money granted to it by the Secretary for,
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or in connection with, the performance of its functions.
This clause also provides that the Panel may inform itself in any
way it thinks fit for the purpose of exercising its functions.
Clause 8 sets out the terms and conditions of office of the Panel members.
Clause 9 sets out provisions for vacancies, resignations and removal of
Panel members.
Clause 10 makes clear that a Panel decision is not rendered invalid merely
due to a defect or invalidity in the appointment of a Panel
member.
Clause 11 provides for the procedure at meetings of the Panel.
The Secretary does not have a vote at the Panel. The quorum
for a meeting of the Panel is the Chairperson and 3 other
members, one of whom must be the Secretary. The Chairperson
must ensure that no more than a quorum is present at a meeting
of the Panel.
Clause 12 provides that the Chairperson, on behalf of the Panel, may
engage expert advisers and that any remuneration is to be
determined by the Panel. Such advisers may be legal advisers.
Clause 13 provides that the Panel may report to the Minister on any matter
arising out of the implementation of the Bill.
PART 3--REFERRALS TO MULTIPLE AND COMPLEX
NEEDS PANEL
Clause 14 provides that the Secretary may refer a person to the Panel if the
Secretary believes that person is an eligible person. However, the
Secretary must not refer an eligible person to the Panel if the
person has refused to be referred.
Clause 15 sets out the criteria for being an eligible person. An eligible
person must have attained at least 16 years of age and appear to
satisfy 2 or more of the following--
· has a mental disorder within the meaning of the Mental
Health Act 1986;
· has an acquired brain injury;
· has an intellectual impairment;
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· is an alcoholic or drug-dependent person within the
meaning of the Alcoholics and Drug-dependent
Persons Act 1968.
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In addition, the person must have exhibited violent or dangerous
behaviour that caused serious harm to himself or herself or some
other person or is exhibiting behaviour which is reasonably likely
to place himself or herself or some other person at risk of serious
harm and be in need of intensive supervision and support.
Clause 16 provides that the Secretary must give notice of the following
matters to any person whom the Secretary has determined to refer
to the Panel--
· that the Secretary has determined to refer the person to
the Panel; and
· that the Secretary will refer the person to the Panel
unless the person refuses to be referred; and
· that personal and health information about the person, if
referred to the Panel, may be disclosed by the relevant
service providers and the Panel if the service provider or
Panel is satisfied that the disclosure is in the best
interests of the person and would assist in giving effect
to a care plan; and
· how to contact the Secretary and the Panel; and
· that the person may either refuse to be referred to the
Panel, or at any time refuse to be assessed or refuse to
be the subject of a care plan; and
· that the person may request the Panel to vary or
terminate a care plan that relates to the person.
PART 4--ASSESSMENTS AND CARE PLANS
Clause 17 gives the Secretary power to enter into a contract with a person or
an organisation to carry out or arrange assessments on behalf of
the Panel.
Clause 18 gives the Panel discretion to nominate a referred person for
assessment if the Panel believes the person is an eligible person.
It also allows the Panel to seek to obtain information from any
person or organisation for the purpose of forming a belief as to
whether the person is an eligible person. Service providers and
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certain other persons are authorised to disclose information about
the referred person in accordance with a request from the Panel.
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Clause 19 provides that in assessing a nominated person, the multi-
disciplinary assessment agency must consult the nominated
person in person, and if the person agrees, the person's family.
In addition, the nominated person's carers and any person or
organisation that is currently providing specified services to the
nominated person are also consulted. The assessment agency
must also undertake a multi-disciplinary analysis of the
nominated person's needs and ensure that relevant personal
information or health information relating to the nominated
person is obtained and considered.
Clause 20 allows the multi-disciplinary assessment agency to obtain
information from other persons and organisations about the
referred person and permits those persons and organisations to
disclose that information.
Clause 21 requires the multi-disciplinary assessment agency to make
recommendations to the Panel regarding the development,
implementation and duration of care plans. It also sets out the
Panel's options on receiving a recommended care plan.
Clause 22 provides that a copy of the care plan must be given to the person
to whom it relates and that a copy or any part thereof must be
given to a service provider identified in the care plan if the Panel
is satisfied that it is in the person's best interests to do so.
The Panel must notify the person to whom the care plan relates,
in writing, that the Panel has determined the care plan and that
the service providers identified in the care plan may share and
use personal information or health information about the person
if this is in the person's best interests and if doing so would assist
service providers in giving effect to the care plan. The person
must also be informed of how to contact the Panel and of the
person's right to refuse at any time to be the subject of the care
plan.
Clause 23 provides that a care plan co-ordinator must be appointed by the
Panel once the Panel determines a care plan. It also sets out the
monitoring, co-ordination and reporting duties of the care plan
co-ordinator.
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Clause 24 allows for variation, extension and termination of the care plan
by the Panel in accordance with a request from either the person
to whom the care plan relates or the person's legal guardian, the
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care plan co-ordinator, the Secretary or a service provider under
the care plan. A care plan may be extended for a maximum of
12 months.
Clause 25 provides that service providers identified in a care plan may share
personal and health information about a person to whom the care
plan relates provided that the information is either disclosed or
used on the basis that disclosure is in the best interests of the
person and would assist in giving effect to the care plan.
PART 5--GENERAL
Clause 26 makes clear that a person or the person's legal guardian may
refuse at any time to be referred to the Panel, assessed by a multi-
disciplinary agency in accordance with clause 19, or be the
subject of a care plan. Refusals may be made orally or in writing
to, depending on the circumstances, the Secretary, the Panel or
the care plan co-ordinator. The person or organisation to whom a
purported refusal is made must determine whether, in their
professional judgement, it constitutes a refusal for the purposes
of the Act. This is due to the fact that a person may have a type
of impairment or exhibit a type of behaviour that will make their
intentions less clear.
Clause 27 provides that the notification referred to in clauses 16, 22(c) and
24(6)(a) must be in writing and to the greatest extent possible, be
in a form that will make it comprehensible to the person being
notified, and that the content of the document must be explained
orally to the person.
Clause 28 provides that any care plan or notice that is required to be given
to a person under the Bill must also be given to the person's
parent if the person is under 18 or to the person's guardian if a
guardian has been appointed.
Clause 29 provides that no provision in the Act prevents an eligible person,
a referred person, a nominated person or a person to whom a care
plan relates from being supported, advised or accompanied by a
friend, relative or other person in connection with matters arising
under the Bill.
Clause 30 provides that the exercise of any function by the Panel under this
Bill has no effect on any order made under any other Act.
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Clause 31 is a confidentiality provision directed at "relevant persons".
A "relevant person" is defined and is essentially someone who by
reason of his or her functions under this Bill has had access to a
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person's health or personal information. A relevant person is not
permitted to disclose such information unless disclosure is
permitted as set out in sub-clauses (2) and (3). This provision is
in addition to the obligations placed on persons under the Health
Records Act 2001 and the Information Privacy Act 2000.
Clause 32 provides that the Bill does not affect obligations imposed on
persons or organisations by the Information Privacy Act 2000
and the Health Records Act 2001.
Clause 33 provides that this Bill is to sunset on the third anniversary of the
day on which clause 5 comes into operation.
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