Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Health Services (Supported Residential
Services) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to amend the Health Services Act 1988 in relation
to supported residential services.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 is the commencement provision.
provides that for the purposes of the Bill, the Health Services
Clause 3
Act 1988 is the Principal Act.
Clause 4 in section 3(1) of the Principal Act amends the existing definition
of "special and personal care" and inserts new definitions of
"domestic partner", "resident's administrator" and "resident's
guardian".
Clause 5 amends the principles applying to supported residential services
as set out in section 10 of the Principal Act. The amendments
provide that services must be provided in a safe environment and
that residents are entitled to pursue relationships with members of
either sex.
Clause 6 amends section 74(3) of the Principal Act to clarify that a
certificate of approval in principle must be endorsed with the
details of any variation to the certificate or with the details of the
transfer of the certificate to another person.
Clause 7 amends section 75(2) of the Principal Act to provide that the
Secretary can revoke a certificate of approval in principle in
accordance with section 86 of the Principal Act as amended by
this Bill.
1
551146 BILL LA CIRCULATION 3/4/2004
Clause 8 inserts in section 86 of the Principal Act a power for the
Secretary to determine (when notified of a change of director of a
proprietor that is a body corporate which has previously been
Victorian Legislation and Parliamentary Documents
granted approval in principal in accordance with the Act) whether
the new director is a fit and proper person to carry on the
establishment. The clause also provides for the grounds on
which such a determination may be made. The Secretary is given
the power to revoke the approval in principle if it is determined
that the newly appointed person is not a fit and proper person to
carry on the establishment. This power is equivalent to the
power to revoke the registration already found in section 102 of
the Principal Act.
Clause 9 amends sections 95A(3)(b) and 96(a) of the Principal Act to
provide that obligations relating to the endorsement or
cancellation of a "certificate of registration" apply also to a
"certificate of renewal of registration".
Clause 10 adds in section 103(1) of the Principal Act an additional ground
to the existing grounds on which the Minister may appoint an
administrator to a supported residential service.
New section 103(4) empowers an administrator to act in the
name of, or as agent of, the proprietor and to do such things as
are necessary for the purpose of carrying out the administrator's
functions. A non-exhaustive list of an administrator's powers is
set out in new section 103(4A). New section 103(4B) provides
that an administrator must comply with any directions given by,
or guidelines issued by, the Secretary.
New section 103(10) provides that a resident may make
payments of fees for accommodation and services to an
administrator.
Clause 11 inserts a new section 104A in the Principal Act to provide for
circumstances in which an application made under Part 4 of the
Act will be deemed to have been withdrawn by the applicant.
Clause 12 amends section 106 of the Principal Act to provide that a
residential statement containing the prescribed information must
be prepared and provided to the resident or the resident's
guardian or the resident's administrator within 48 hours of a
person taking up residence in a supported residential service.
A residential statement must be signed as soon as practicable by
the proprietor and the resident or, where appropriate, the
proprietor and the resident's guardian or the resident's
administrator.
2
Clause 13 inserts new sections 106A and 106B in the Principal Act.
New section 106A provides that the proprietor of a supported
residential service must cause to be prepared an interim care plan
Victorian Legislation and Parliamentary Documents
within 48 hours of a person becoming a resident and that an on-
going care plan must be prepared within 30 days of the person
becoming a resident. The interim and on-going care plans must
address the resident's immediate health and special or personal
care needs and on-going health and special or personal care
needs, respectively. The care plans must be reviewed regularly
and changed as necessary, in consultation with the resident and
the resident's health service providers. It is an offence for a
proprietor not to prepare a care plan or not to carry out a care
plan as prepared. The care plans must be made available to the
resident, the resident's guardian and the resident's health service
providers and it is an offence not to do so. A penalty of
120 penalty units applies to offences against this section.
New section 106B provides that the proprietor must provide
prospective residents with information about prescribed matters
in relation to the supported residential service. It an offence, with
a penalty of 10 penalty units, not to provide the prescribed
information.
Clause 14 amends section 108F(1) of the Principal Act to provide that a
proprietor must keep an accurate and up to date record of injuries
and incidents involving residents. It is an offence, with a penalty
of 120 penalty units, not to keep the record of injuries and
incidents. Amended section 108F(4) provides that a proprietor
must ensure that a resident's next of kin, a resident's guardian (if
any) and a resident's administrator (if any) must be informed are
soon as possible of the death of the resident.
In section 108F(5) of the Principal Act the definitions of
"resident's administrator" and "resident's guardian" are repealed.
They now appear (in an amended form) in section 3 of the
Principal Act. In addition, the definition of "next of kin" is
inserted.
Clause 15 substitutes section 108H of the Principal Act which now provides
for the management or control by a proprietor of a resident's
money, apart from money received as payment for
accommodation and services provided by the proprietor.
The substituted section 108H provides that a proprietor can only
manage or control a resident's money with the consent of the
resident or the resident's administrator, and that the amount of
money managed cannot be more than a prescribed amount.
Quarterly statements must be provided on request. A proprietor
may no longer manage or control the assets of a resident, other
3
than money. A proprietor or staff member cannot accept
appointment as the guardian or administrator of a resident of the
establishment of which they are proprietor or employee.
Victorian Legislation and Parliamentary Documents
Clause 16 amends section 108L(2) of the Principal Act to provide that a
proprietor must ensure that a person employed in the care of
residents in a supported residential service is a fit and proper
person. Guidelines will be issued by the Secretary to assist
proprietors in the assessment of "fit and proper".
Clause 17 amends section 109 of the Principal Act to provide that a
proprietor must keep up-to-date records of residents and their
room numbers, and a current staff roster, to be made available
for monitoring purposes. It is an offence, with a penalty of
120 penalty units, not to keep the records.
Clause 18 amends section 111 of the Principal Act to provide that a
certificate of registration and a certificate of renewal of
registration are proof of registration for the purposes of that
section.
Clause 19 amends section 117(b)(v) of the Principal Act to enable
community (residential services) visitors to inquire into any
complaint made by or on behalf of a resident of a supported
residential service or designated public hospital.
Clause 20 inserts new section 143 into the Principal Act which provides for
the delegation of the Ministerial powers and functions of the
Minister (other than the Minister for Health).
Clause 21 amends section 144(2) of the Principal Act to provide for the
obligations and rights of the proprietor of a health service
establishment in relation to an inquiry by the Secretary under
section 144 of the Principal Act.
Clause 22 substitutes section 146(3) of the Principal Act to require an
authorised officer to produce an identity card before exercising a
function or upon request when exercising a function. It is an
offence, with a penalty of 10 penalty units, for an authorised
officer not to produce an identity card when required to do so.
Clause 23 amends section 147(1) of the Principal Act to provide that an
authorised officer may ask questions and request documents
from the proprietor and staff of a health service establishment.
The privilege against self-incrimination is provided in respect
of answering questions.
4
Clause 24 adds new sub-section (2) in section 149 of the Principal Act to
provide that a person cannot be found guilty of the offence of
obstructing an authorised officer if that officer had not previously
Victorian Legislation and Parliamentary Documents
identified him or herself and had not warned the person of the
nature of the offence.
Clause 25 is a transitional provision and provides that proprietors are not
required to comply with section 106(3) of the Principal Act as
amended by this Bill in relation to persons who are residents
before clause 12(3) of the Bill comes into operation.
5