Victorian Current Acts

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CRIMES ACT 1958 - SECT 52A

Definitions

In this Subdivision—

"cognitive impairment" includes impairment because of intellectual disability, dementia, neurological disorder or brain injury;

intellectual disability has the same meaning as in the Disability Act 2006 ;

"mental illness" has the same meaning as in the Mental Health Act 2014 ;

S. 52A def. of residential service amended by No. 19/2019 s. 257(1).

"residential service" includes—

        (a)     a residential service within the meaning of the Disability Act 2006 ; and

        (b)     a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010 ; and

        (ba)     an SDA enrolled dwelling within the meaning of the Residential Tenancies Act 1997 ; and

        (c)     residential care within the meaning of the Aged Care Act 1997 of the Commonwealth;

S. 52A def. of service provider amended by No. 19/2019 s. 257(2).

"service provider" includes—

        (a)     a disability service provider within the meaning of the Disability Act 2006 ; and

        (ab)     a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

        (b)     a residential service; and

        (c)     a designated mental health service within the meaning of the Mental Health Act 2014 ; and

        (d)     a person who, or a body that, delivers treatment or support services to persons with a cognitive impairment or mental illness;

"treatment or support services" means any of the following delivered in a professional capacity—

        (a)     mental health treatment;

        (b)     medical treatment;

        (c)     therapeutic services;

        (d)     personal care or support services;

Example

A worker supporting a person with a cognitive impairment to undertake tasks such as bathing and dressing.

"worker" means a person—

        (a)     who delivers, assists in delivering, or who manages the delivery of, services to persons with a cognitive impairment or mental illness; and

Example

A cook at a supported residential service.

        (b)     who does so for or on behalf of a service provider (whether paid or unpaid); and

Example

A volunteer bus driver for a mental health service.

        (c)     who is not a person with a cognitive impairment or mental illness who receives treatment or support services from that service provider.

S. 52B inserted by No. 47/2016 s. 16.



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