Victorian Current Acts

DISABILITY ACT 2006 - SECT 191

    (1)     The Authorised Program Officer for a primary service provider may apply to VCAT for a supervised treatment order to be made in respect of a person (including an NDIS participant) if—

        (a)     the person has an intellectual disability; and

        (b)     the person is residing in—

              (i)     a residential service; or

S. 191(1)(b)(ii) amended by No. 9/2023 s. 95.

              (ii)     an SDA dwelling as an SDA resident under an SDA residency agreement; or

              (iii)     accommodation approved by the Senior Practitioner under section 187; and

        (c)     the Senior Practitioner has approved a treatment plan prepared under section 189 by or on behalf of the applicant; and

        (d)     the Authorised Program Officer considers that the person meets the criteria in section 193(1A).

    (2)     The Senior Practitioner may direct the Authorised Program Officer for a primary service provider to make an application under subsection (1) in respect of a person if the Senior Practitioner considers that the person—

        (a)     has an intellectual disability; and

        (b)     is residing in accommodation of a type specified in subsection (1)(b); and

        (c)     is being detained to prevent a significant risk of serious harm to another person without a supervised treatment order applying.

S. 191A inserted by No. 9/2023 s. 56.