Victorian Current Acts Victorian Current ActsS. 131A(1) amended by No. 9/2023 s. 93(2).
(1) Subject to subsection (2), any NDIS participant, DSOA client or SDA resident or any person on behalf of the NDIS participant, DSOA client or SDA resident may request the dwelling or support provider to arrange for the NDIS participant, DSOA client or SDA resident to be seen by a community visitor.
S. 131A(2) amended by Nos 19/2019 s. 146(5), 9/2023 s. 93(3).
(2) A person must not make a request under subsection (1) on behalf of an NDIS participant, DSOA client or SDA resident living in an SDA dwelling under a residential rental agreement (within the meaning of the Residential Tenancies Act 1997 ) unless the NDIS participant, DSOA client or SDA resident has consented to the person making the request on behalf of the NDIS participant, DSOA client or SDA resident.
(3) The dwelling or support provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request.
Penalty: 5 penalty units.
(4) Unless subsection (5) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (3).
(5) For the purposes of subsection (4), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.
(6) The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is—
(a) vexatious; or
(b) frivolous; or
(c) lacking in substance.
(7) In this section—
S. 131A(7) def. of dwelling or support provider amended by No. 9/2023 s. 93(4)(a)−(c).
"dwelling or support provider" means in respect of an NDIS participant, DSOA client or SDA resident living—
(a) in an SDA dwelling—
(i) an SDA provider; or
(ii) the provider who provides daily independent living supports at the SDA dwelling; or
(iii) a disability service provider; and
(b) in a short‑term accommodation dwelling, the relevant registered NDIS provider.
S. 131A(7) def. of NDIS resident repealed by No. 9/2023 s. 93(4)(d).
* * * * *
S. 131B inserted by No. 9/2023 s. 38.