Victorian Current Acts Victorian Current ActsS. 7(1) amended by Nos 19/2019 s. 22(1), 9/2023 s. 10(1).
(1) The contents of any advice, notice or information given or provided to a person with a disability, an NDIS participant or a DSOA client under this Act must be explained by the person giving the advice, notice or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand.
(2) An explanation given under subsection (1) must where reasonable be given both orally and in writing.
S. 7(3) amended by Nos 19/2019 s. 22(2), 9/2023 s. 10(2).
(3) If a person with a disability, an NDIS participant or a DSOA client appears to be incapable of reading and understanding information provided under this Act, a disability service provider or an NDIS provider, as the case requires, must use reasonable endeavours to convey the information to the person in the language, mode of communication or terms which the person is most likely to understand.
S. 7(4) amended by No. 19/2019 s. 22(3)(a).
(4) For the purposes of subsection (3), the disability service provider or NDIS provider, as the case requires, may give a copy of the advice, notice or information—
S. 7(4)(a) amended by Nos 10/2012 s. 14(3), 19/2019 s. 22(3)(b), 9/2023 s. 10(3)(a).
(a) to a family member, carer, guardian, advocate or other person chosen by the person with a disability, NDIS participant or DSOA client; or
S. 7(4)(b) amended by No. 19/2019 s. 22(3)(c)(d).
(b) in the case of a person with a disability, if no person is chosen under paragraph (a), to a person who the disability service provider considers can assist the person with a disability and is not employed by, or a representative of, the disability service provider; or
S. 7(4)(c) inserted by No. 19/2019 s. 22(3)(e), amended by No. 9/2023 s. 10(3)(b).
(c) in the case of an
NDIS participant or a DSOA client, if no person is chosen under paragraph (a),
to a person who the NDIS provider considers can assist the NDIS participant or
the DSOA client and is not employed by, or a representative of, the
NDIS provider.
Part 3—Administration
Division 1—The Secretary