DISABILITY ACT 2006

Victorian Current Acts

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DISABILITY ACT 2006

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
3A. Disability service provider taken to be providing residential services

PART 2--OBJECTIVES AND PRINCIPLES

4. Objectives of Act
5. Principles
6. Persons with an intellectual disability
7. Provision of advice, notification or information under this Act

PART 3--ADMINISTRATION

Division 1--The Secretary

8. Role and functions of the Secretary
9. Power of Secretary to provide funds
10. Power of Secretary to enter into contracts
10A. Secretary's powers in relation to land
10B. Committee of management
10C. Record of dealings
10D. Secretary's powers in relation to intellectual property

Division 2--The Victorian Disability Advisory Council

11. Victorian Disability Advisory Council
12. Functions of the Victorian Disability Advisory Council
13. Provisions applying to the Victorian Disability Advisory Council

Division 3--The Disability Services Commissioner

14. Disability Services Commissioner
15. Acting Disability Services Commissioner
16. Functions of the Disability Services Commissioner
17. Powers of the Disability Services Commissioner
18. Provision of staff and contractors
19. Annual report
19A. Protection from liability for Commissioner

Division 4--The Disability Services Board

20. Constitution of the Disability Services Board
21. Procedure of the Disability Services Board
22. Functions of the Disability Services Board

Division 5--The Senior Practitioner

23. The Senior Practitioner
24. Functions of the Senior Practitioner
25. Power of Senior Practitioner to delegate
26. Provision of staff and contractors
27. Special powers of the Senior Practitioner

Division 6--Community visitors

28. Community visitors
29. General provisions as to community visitors
30. Functions of a community visitor in respect of premises where residential services are provided
30A. Functions of a community visitor in respect of NDIS dwellings
31. Certain persons deemed to be community visitors
32. Community Visitors Board
33. Matter may be referred
34. Reports by community visitors
35. Annual report of community visitors
36. Secrecy provision

PART 4--DISABILITY SERVICES

Division 1--General provisions

37. State Disability Plan
38. Disability Action Plans
39. Information systems and disclosure, use and transfer of information
39A. Disclosure of information about worker screening
40. Application for registration as a disability service provider
41. Registration
42. Renewal of registration
43. Revocation of registration
44. Notice before refusal or revocation
45. Application for review
46. Register of disability service providers
47. Disability service provider to notify changes
48. Certain persons or bodies deemed to be registered or may be registered as disability service providers
48A. Secretary may exempt disability service providers from requirements

Division 2--Accessing disability services

49. Request for disability services
50. Request to Secretary for decision as to disability
51. Effect of decision of Secretary

Division 3--Planning

52. Guiding principles for planning
53. Planning
54. Support plan
55. Planning for persons with an intellectual disability

PART 5--RESIDENTIAL SERVICES

Division 1--General provisions

56. Purpose and application of Part
57. Residential statement
58. Duties of disability service provider providing residential services
59. Duties of residents
60. Entry to a resident's room
61. Manner of entry
62. Offences relating to interference with rights

Division 2--Group homes

63. Application of Division
64. Declaration of residential service as a group home
65. Residential charge
66. Notice of increase in residential charge
67. Limit on payment in advance
68. Method of payment
69. Receipts for payment
70. Residential charge must be reduced if service items are reduced
71. Disputes relating to notice of increase in residential charge
72. What can VCAT order on an application under section 71?
72A. VCAT must dismiss certain applications
73. Payment of increased amount pending VCAT decision
74. Notice of temporary relocation
75. Termination of residency
76. Notice to vacate by disability service provider
77. Effect of notice to vacate
78. Notice of no effect
79. What if 2 or more notices can be given?
80. Notice of intention to vacate by resident
81. Withdrawal of notice
82. Application to VCAT for review of notice to vacate
83. Application to VCAT for possession order
84. Possession orders
85. Issue of warrant of possession
85A. Extension of time for warrant to be executed
85B. Warrant of possession
85C. Lapsing of possession order and lapsing or cancellation of warrant of possession
85D. Execution of warrant

PART 6--RIGHTS AND ACCOUNTABILITY

Division 1--Provision of information

89. Disability service provider must provide information

Division 2--Provisions relating to the management of money

90. Management of money
91. Residents' Trust Fund
92. Money to be paid into the Residents' Trust Fund by the Secretary
93. Management of money of a resident
94. Investment of money
95. Limit on amount held
96. Trust money must be paid when person leaves

Division 3--Standards and monitoring of performance

97. Minister must determine standards
98. Secretary to specify performance measures and monitor performance
99. Power of Secretary to give directions
100. Further powers of Secretary

Division 4--Appointment of administrator

101. Displacement of other laws
102. Appointment of administrator
103. Additional provisions if disability service provider is providing residential services

Division 5--Complaints to disability service providers

103A. Application of Division and references
104. Internal process for complaints
105. Report on complaints
106. Duty to take all reasonable steps to prevent adverse effects

Division 5A--Complaints to regulated service providers

106AA. Application of Division and references
106A. Internal process of regulated service provider for complaints
106B. Report on complaints
106C. Duty to take all reasonable steps to prevent adverse effects

Division 6--Complaints to Disability Services Commissioner

107. Purpose of Division
108. Application of Division
108A. References to service provider
109. What matters can be the subject of a complaint?
110. Who may make a complaint?
111. How do you make a complaint?
112. Withdrawal of complaint
113. Preliminary assessment of complaint
114. Circumstances in which the Disability Services Commissioner may decline to consider a complaint
115. Notice of decision to consider or not to consider complaint
116. Consideration of complaint suitable for conciliation
117. Dealing with a complaint
118. Investigation of a complaint
119. Notice of decision and procedures
120. Circumstances in which notice is not to be given
121. Duty to stop proceedings
123. Powers not to be exercised during conciliation

Division 6A--Initiated investigations

127. Application of Division and references
128A. Definition
128B. Commissioner initiated investigations
128C. Notice of initiated investigation
128D. Decision of Commissioner on initiated investigation
128E. Decision that action should be taken
128F. Notice of decision of initiated investigation
128G. Notice to take action

Division 6B--Referral investigations

128GA. Application of Division and references
128H. Definition
128I. Referral investigations
128J. Publication of referral investigations
128K. Notice of referral investigation
128L. Decision of Commissioner on referral investigation
128M. Decision that action should be taken
128N. Notice to take action

Division 6C--Following up on investigations

128NA. Application of Division and references
128O. Definition
128P. Service provider to report on action taken
128Q. Notice requiring service provider to report
128R. Follow up investigations
128S. Notice of follow up investigation
128T. Decision of Commissioner on follow up investigation
128U. Notice of decision on follow up investigation

Division 7--Visits by community visitors

129. Visiting of residential service or NDIS dwelling
130. Powers of inspection
130A. Obligations of service provider and staff
131. Request to see a community visitor—resident in residential service
131A. Request to see a community visitor—NDIS residents in NDIS dwelling
132. Record of visits

Division 8--Conduct of investigations, investigatory powers and related matters

132AA. Application of Division and references
132A. Definitions
132B. Appointment of authorised officers
132C. Identification of authorised officers
132D. Production of identification
132E. Visit and inspection of premises
132F. Powers during visit and inspection
132G. Provisions relating to interviews
132H. Search warrants
132I. Obligations of person executing a warrant on entry
132J. Offence to hinder or obstruct person exercising a power under this Subdivision
132K. Requirement to give assistance
132L. Principles applying to all investigations
132M. Assistance to be provided
132N. Requirements if there is no hearing
132O. Requirements if there is a hearing
132P. Investigation hearing notice
132Q. Offence to fail to comply with investigation hearing notice
132R. Variation or revocation of investigation hearing notice
132S. Power to take evidence on oath or affirmation
132T. Powers in relation to documents and things
132U. Compellability of Commissioner or member of staff
132V. Protection of participants in investigations
132W. Disclosures made in good faith
132X. Protection against self-incrimination
132Y. Legal professional privilege and client legal privilege
132Z. False statements
132ZA. Person not to be penalised for making a complaint, providing information
132ZB. Commissioner may give information to other persons or bodies
132ZC. Offence to disclose or make a record of information

Division 9--General issues applying to investigations

132ZCA. Application of Division and references
132ZD. Definition
132ZE. Reporting on investigations
132ZF. Adverse comment on or opinion of service provider in report
132ZG. Giving a report to Parliament
132ZH. Avoiding unnecessary duplication

PART 6A--APPOINTMENT OF AUTHORISED PROGRAM OFFICERS BY REGISTEREDNDIS PROVIDERS

132ZI. Registered NDIS provider to appoint Authorised Program Officer
132ZJ. Registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer
132ZK. Revocation of approval
132ZL. Senior Practitioner to notify NDIS Commissioner
132ZM. Senior Practitioner to notify registered NDIS provider before refusal or revocation
132ZN. Application for review of appointment decision
132ZO. Senior Practitioner may issue directions

PART 6B--USE OF RESTRICTIVE PRACTICES BY REGISTERED NDIS PROVIDERS

132ZP. Purpose and application of Part

Division 6--of Part 8 also contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider or registered NDIS provider.

Division 7--of Part 8 contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.

132ZQ. Use of regulated restrictive practice only permitted after authorisation and approval given
132ZR. Authorisation for use of regulated restrictive practices on NDIS participants with NDIS behaviour support plans
132ZS. Independent person
132ZT. Powers of Public Advocate
132ZU. Information to be provided to Senior Practitioner and NDIS participant
132ZV. Approval given by Senior Practitioner
132ZW. Review by VCAT
132ZX. Authorisation for use of regulated restrictive practices on NDIS participants in emergencies
132ZY. Directions and other requirements of Senior Practitioner

PART 7--USE OF RESTRICTIVE PRACTICES BY DISABILITY SERVICE PROVIDERS

133. Purpose and application of Part

Division 6--of Part 8 contains corresponding protective provisions in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8.

134. Use of restrictive practice only permitted after approval given
135. Approval to use restrictive practices
136. Revocation of approval
137. Notice before refusal or revocation
138. Application for review
139. Authorised Program Officers
139A. Use of regulated restrictive practice permitted in certain circumstances
140. Use of regulated restrictive practices
141. Use of regulated restrictive practice must be included in behaviour support plan
142. Review of behaviour support plan by disability service provider
143. Independent person
144. Powers of Public Advocate
145. Requirements for the use of any regulated restrictive practice
145A. Approval to use certain regulated restrictive practices
146. Review by VCAT
147. Use of regulated restrictive practices in an emergency
147A. Senior Practitioner may issue directions
148. Reports
149. Offence
150. Use of other restrictive practices

PART 8--COMPULSORY TREATMENT

Division 1AA--Preliminary

150A. Restrictions on liberty or freedom of movement

Division 1--Residential treatment facilities

151. Proclamation of residential treatment facility
152. Admission to a residential treatment facility
153. Authorised Program Officer must prepare treatment plan

Division 6--of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

154. Annual review of treatment plan
155. Application for review of treatment plan
156. Leave of absence
157. Special leave
158. Suspension of leave of absence or special leave
159. Security conditions
160. Apprehension of resident absent without leave
161. Transfer of resident to another residential treatment facility

Division 2--Provisions applying to RTO residents

162. Extended leave
163. Appeals regarding extended leave
164. Suspension and revocation of extended leave
165. Appeals regarding revocation of extended leave

Division 3--Provisions applying to security residents

166. Transfer of person with an intellectual disability from a prison
167. Preparation of treatment plan

Division 6--of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

168. Annual review of security order and treatment plan
169. Application for review of treatment plan
175. Termination of a security order
176. Death of security resident
177. Request for transfer to prison
179. Notice of transfer of security resident to another residential treatment facility

Division 4--Provisions applying to forensic residents

180. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

Division 6--of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

181. Status of forensic residents
182. Leave of absence for forensic resident

Division 5--Supervised treatment orders for implementation by disability service providers or registered NDIS providers

183. Purpose of Division
184. Certain disability service providers not required to comply with Division
185. Use of supervised treatment by a disability service provider
186. Approval for disability service provider to use supervised treatment
187. Revocation of approval for disability service provider to use supervised treatment
188. Notice before refusal or revocation of approval for disability service provider to use supervised treatment
189. Application by disability service provider for review
190. Authorised Program Officers appointed by disability service provider
190A. Authorised Program Officers appointed by registered NDIS provider
191. Application by a disability service provider or registered NDIS provider for a supervised treatment order

Division 6--of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

Division 7--of this Part contains provisions in relation to the use of regulated restrictive practices by registered NDIS providers on an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.

192. Disability service provider or registered NDIS provider may request interim supervised treatment order
193. Supervised treatment order for persons with a disability and NDIS participants
194. Application by the Public Advocate
195. Supervision of supervised treatment order
196. Application for review, variation or revocation
196A. Application for determination regarding expiry of supervised treatment order
196B. Senior Practitioner to notify NDIS Commissioner about certain matters
197. Application for rehearing
198. Rehearing
199. Senior Practitioner may make assessment order
199A. Application for review of assessment order
199B. Senior Practitioner to notify NDIS Commissioner about assessment orders
200. Supervised treatment order to prevail over guardianship order
201. Apprehension of person subject to a supervised treatment order absent without approval

Division 6--Restrictive practices used by disability service providers implementing treatment plans

201A. Purpose and application of Division
201B. Use of restrictive practices
201C. Authorised Program Officers
201D. Use of regulated restrictive practices
201E. Use of regulated restrictive practices must be included in treatment plan
201F. Reports
201FA. Senior Practitioner may issue guidelines and directions
201G. Offence
201H. Use of other regulated restrictive practices
201I. Senior Practitioner may issue directions

Division 7--Restrictive practices used by registered NDIS providers on NDIS participants subject to supervised treatment orders

201J. Purpose and application of Division
201K. Use of restrictive practices only permitted in certain circumstances
201L. Use of regulated restrictive practice only permitted in certain circumstances
201M. Authorised Program Officers
201N. Senior Practitioner may lodge evidence regarding use of regulated restrictive practices
201O. Senior Practitioner may issue directions

PART 9--GENERAL PROVISIONS

202. False and misleading statements
203. Defacing documents
204. Delegation
205. Provision of staff services
206. Special powers of Secretary
207. Appointment of authorised officers
208. Identity cards
209. Production of identity card
210. Powers of authorised officers
211. Offence to give false or misleading information
212. Offence to hinder or obstruct authorised officer
213. Offence to impersonate authorised officer
214. Protection against self-incrimination
215. Legal professional privilege or client legal privilege
217. Persons who are liable for offences
218. Power to bring proceedings
219. Evidentiary
220. Recapture of person
221. Regulations

PART 10--MISCELLANEOUS

Division 1--Savings and transitional

222. Repeals and Savings
225. Transitional regulations
225A. Order specifying land, leases, licences and interests in land to be transferred to Secretary
225B. Vesting of land, leases, licences and interests in land in the Secretary
225C. Action by Registrar of Titles
225D. Taxes
225E. Land etc. vests subject to encumbrances
226. Community visitors
227. Behaviour support plans
230. Group homes

Division 2--Transitional provisions--Disability Amendment Act 2017

232. Definitions
233. Pre-existing complaints
234. Information provisions

Division 3--Transitional provisions--Serious Offenders Act 2018

235. Saving of orders continued in effect after commencement by Serious Offenders Act 2018

Division 4--Transitional provisions--Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

236. Declaration of residential service as a group home
237. Behaviour support plans taken to be NDIS behaviour support plans
238. Matters concerning persons subject to supervised treatment orders on becoming NDIS participants
239. Supervised treatment orders
240. Assessment orders
242. Long Term Residential Program taken to be residential treatment facility

Division 5--Transitional provisions--Worker Screening Act 2020

243. Definition
244. Transfer of information to Secretary to the Department of Justice and Community Safety
245. Continuation of safety screening requirements for notifications about persons providing services to NDIS participants
ENDNOTES
SCHEDULE 2

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