Victorian Current Acts

DISABILITY ACT 2006 - SECT 196A

    (1)     The Authorised Program Officer for the primary service provider of a person who is subject to a supervised treatment order must notify the persons specified in subsection (2) not less than 60 days before the expiry of that supervised treatment order of the following matters—

        (a)     the expiry date of the supervised treatment order;

        (b)     whether the Authorised Program Officer intends to apply under section 191(1) for another supervised treatment order to be made in respect of the person who is subject to the supervised treatment order;

        (c)     if the Authorised Program Officer is not eligible to apply for another supervised treatment order because the disability service provider or registered NDIS provider that appointed them will not be the primary service provider for the purposes of an application under section 191(1), whether the Authorised Program Officer considers that a supervised treatment order is necessary.

    (2)     The persons to be notified under subsection (1) are the following—

        (a)     the person who is subject to the supervised treatment order;

        (b)     the Public Advocate;

        (c)     the Senior Practitioner;

        (d)     any disability service provider or registered NDIS provider specified in the treatment plan under the supervised treatment order.

    (3)     The Senior Practitioner may direct the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Senior Practitioner considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.

    (4)     The Public Advocate may apply to VCAT for an order directing the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Public Advocate considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.

    (5)     The Public Advocate must notify the Senior Practitioner of an application under subsection (4).

    (6)     The following persons are parties to a proceeding relating to an application under subsection (4)—

        (a)     the person in respect of whom the further supervised treatment order is proposed to be made;

        (b)     the Authorised Program Officer for the person's primary service provider.

    (7)     On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (4).

    (8)     If on an application under subsection (4) VCAT considers that the matters referred to in that subsection are satisfied, VCAT may make an order directing that—

        (a)     the Authorised Program Officer for the primary service provider make an application under section 191(1) within 28 days of the date that the order is made or before the current supervised treatment order expires (whichever is earlier); and

        (b)     the Public Advocate is to be a party to the application.

S. 196B inserted by No. 19/2019 s. 106.