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Human Services (Complex Needs) Bill
2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Act.
Clause 2 provides for the commencement of the Act on a day to be
proclaimed and states that if the Act does not come into operation
before 31 May 2009, it comes into operation on that day.
Clause 3 defines certain words and expressions used in the Act.
Clause 4 sets out four guiding principles of the Act. The wellbeing,
health, safety and stable housing of a person who is eligible and
in respect of whom a care plan is developed are of paramount
consideration.
PART 2--ELIGIBILITY AND CARE PLANS
Division 1--General
Clause 5 provides that the Secretary may consult with expert advisers for
the purpose of determining a person's eligibility or developing
and monitoring care plans.
Clause 6 enables the Secretary to delegate any of his or her powers or
functions under this Act, excepting the power of delegation, to a
person or class of persons employed in the administration of this
Act.
561301 1 BILL LA INTRODUCTION 10/3/2009
Division 2--Determination of eligibility
Clause 7 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 criteria--
· has a mental disorder within the meaning of the Mental
Health Act 1986;
· has an acquired brain injury;
· has an intellectual impairment;
· is an alcoholic or drug-dependent person within the
meaning of the Alcoholics and Drug-dependant
Persons Act 1968.
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 8 provides that the Secretary may make a determination that a
person is or is not an eligible person; however the Secretary must
not make a determination if the person has refused to be
considered for eligibility.
Clause 9 provides that the Secretary must give notice of the following
matters to any person before determining whether that person is
an eligible person--
· that the Secretary will consider whether the person
appears to be an eligible person, unless the person
refuses; and
· that if the Secretary determines the person is an eligible
person, a care plan will be developed that relates to that
person, unless the person refuses; and
· that the Secretary or a service provider may seek to
obtain personal or health information about the person
for certain purposes; and
· that personal and health information about the person
may be disclosed by a relevant service provider and the
Secretary if the service provider or Secretary is satisfied
that the disclosure is in the best interests of the person
and would assist in giving effect to the care plan; and
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· how to contact the Secretary; and
· that the person may at any time refuse to be considered
for eligibility or to be the subject of a care plan.
Clause 10 provides that the Secretary must notify a person of the outcome
of an eligibility determination.
Division 3--Care plans
Clause 11 gives the Secretary the power to enter into a contract with a
person or an organisation to carry out or arrange assessments or
to develop or arrange for the development of care plans.
Clause 12 provides that the Secretary must cause a care plan to be
developed for a person determined to be an eligible person, and
allows the Secretary to engage a service provider to develop a
care plan. It also sets out requirements for a care plan, and
provides that the Secretary may approve a care plan with or
without modification.
Clause 13 provides that in developing a care plan, the Secretary or relevant
service provider must consult the eligible person in person, and if
the person agrees, the person's family and carers, and any person
or organisation currently providing specified services to that
person are also consulted. A comprehensive assessment of the
person's needs must be carried out, and relevant personal and
health information obtained and considered.
Clause 14 allows the Secretary and the service provider, if relevant, to
obtain information from other persons and organisations about
the eligible person and permits those persons and organisations to
disclose that information.
Clause 15 provides that a copy of the care plan must be given to the eligible
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
Secretary is satisfied that this is in the person's best interests to do
so. The Secretary must notify the person to whom the care plan
relates that a care plan relating to them has been approved, and
that the service providers identified in the care plan may share
and use personal and 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 Secretary and of the person's
right to refuse at any time to be the subject of the care plan.
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Clause 16 provides that a care plan co-ordinator must be appointed by the
Secretary once the Secretary approves a care plan. It also sets out
the monitoring, co-ordination and reporting duties of the care
plan co-ordinator, and the circumstances in which personal and
health information about an eligible person to whom a care plan
relates can be sought and disclosed.
Clause 17 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 or use is in the best interests of
the person and would assist in giving effect to the care plan.
Clause 18 allows for variation, extension and termination of the care plan
by the Secretary. The duration of a care plan may be extended,
so long as the total duration does not exceed 36 months. If a care
plan is terminated, the Secretary must notify in writing the person
to whom the care plan relates and any relevant service provider.
PART 3--GENERAL
Clause 19 makes it clear that a person may refuse at any time to be
considered for eligibility or to be the subject of a care plan.
Refusals may be made orally or in writing to the Secretary or the
relevant care plan co-ordinator, depending on the circumstances.
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 his or her intentions less clear.
Clause 20 provides that the notification referred to in section 9, 10 or 15(c)
must be in writing and to the greatest extent possible 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. It also provides that the Secretary must use reasonable
endeavours to convey the information in the language, mode of
communication or terms which the person is most likely to
understand, if this appears necessary.
Clause 21 provides that any care plan or notice that is required to be given
to a person under the Act must also be given to the person's
parent or guardian if the person is under 18 or the person's
guardian if a guardian has been appointed.
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Clause 22 provides that nothing in the Act prevents an eligible person, a
person whose eligibility is being considered 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 Act.
Clause 23 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 Act has had access to a
person's health or personal information. It is an offence for a
relevant person to disclose such information unless disclosure is
permitted as set out in subsections (2) and (3).
Clause 24 provides that the Act does not affect obligations imposed on
persons or organisations by the Information Privacy Act 2000
and the Health Records Act 2001.
PART 4--REPEAL AND TRANSITIONAL PROVISIONS
Clause 25 repeals the Human Services (Complex Needs) Act 2003, and
abolishes the Multiple and Complex Needs Panel which was
established by that Act.
Clause 26 contains transitional arrangements which allow for the
continuation of care plans accepted by the Panel, and for persons
to be assessed for the purpose of developing a care plan if the
person was believed to be an eligible person and had been
nominated for assessment by the Panel.
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