Victorian Current Acts

DISABILITY ACT 2006 - SECT 6

    (1)     The following principles apply specifically in respect of persons with an intellectual disability—

        (a)     persons with an intellectual disability have a capacity for physical, social, emotional and intellectual development;

        (b)     persons with an intellectual disability have the right to opportunities to develop and maintain skills and to participate in activities that enable them to achieve valued roles in the community;

S. 6(1)(c)(d) repealed by No. 19/2019 s. 127.

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        (e)     services for persons with an intellectual disability should be designed and provided in a manner that ensures developmental opportunities exist to enable the realisation of their individual capacities;

        (f)     services for persons with an intellectual disability should be designed and provided in a manner that ensures that a particular disability service provider cannot exercise control over all or most aspects of the life of a person with an intellectual disability.

    (2)     The repeal of the Intellectually Disabled Persons' Services Act 1986 by this Act does not affect the responsibility of the Minister and the Secretary for the provision, management, development and planning of services for persons with an intellectual disability.

    (3)     For the purposes of determining whether or not a person over the age of 5 years has an intellectual disability—

        (a)     if a standardised measurement of intelligence is used to assess general intellectual functioning and it—

S. 6(3)(a)(i) amended by No. 9/2023 s. 9.

              (i)     indicates that the person has an intelligence not higher than 2 standard deviations below the population average, then the person must be taken to have significant sub-average general intellectual functioning;

S. 6(3)(a)(ii) amended by No. 9/2023 s. 9.

              (ii)     indicates that the person has an intelligence not lower than 2 standard deviations below the population average, then the person must be taken not to have significant sub-average general intellectual functioning;

              (iii)     is inconclusive as to whether or not the person has an intelligence higher or lower than 2 standard deviations below the population average, then the Secretary may take into account other indicators of general intellectual functioning in determining whether or not the person has significant sub-average general intellectual functioning;

S. 6(3)(b) amended by No. 9/2023 s. 9.

        (b)     if a standardised measurement of adaptive behaviour is used to assess adaptive behaviour and it indicates a score at or below the second percentile of people of the same age and cultural group, then the person must be taken to have significant deficits in adaptive behaviour.

    (4)     In applying a standardised measurement of intelligence for the purposes of subsection (3)(a), the Secretary must consider the test result within the 95% confidence level as determined by the standard error of measurement of the test.

    (5)     Nothing in subsection (3) requires the Secretary to use a standardised measurement in the assessment of intellectual disability.

S. 6(6) repealed by No. 37/2021 s. 354.

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S. 6(7) repealed by No. 19/2019 s. 127.

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    (8)     Part 8 provides for persons with an intellectual disability who require compulsory treatment.

    (9)     If the Secretary is satisfied that a person has an intellectual disability, the Secretary may for the purposes of any Act or regulation provide a statement that a person has an intellectual disability within the meaning of this Act.