Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISABILITY ACT 2006 - SECT 70

Residential charge must be reduced if service items are reduced

    (1)     If a disability service provider reduces the service items provided in the services component included in a residential charge, the disability service provider must reduce the residential charge by—

        (a)     the amount agreed between the disability service provider and the resident; or

        (b)     if agreement cannot be reached, an amount determined by VCAT on an application by the disability service provider or the resident.

    (2)     In determining an amount under subsection (1)(b), VCAT must have regard to—

S. 70(2)(a) amended by No. 22/2012 s. 24.

        (a)     what other residents in the group home are being charged for those service items;

        (b)     guidelines issued by the Secretary for the purposes of section 65.

    (3)     If VCAT determines an amount under subsection (1)(b), it may also order that—

        (a)     the reduction in the residential charge is to take effect from the time the disability service provider reduced the service items provided to the resident;

        (b)     the disability service provider is to refund to the resident any excess residential charge paid by the resident from the time the disability service provider reduced the service items provided to the resident until the date of the order.

    (4)     In this section, a reduction in the service items provided in the services component included in a residential charge includes—

        (a)     a reduction of a service item by reducing the level or range of services provided in that item;

        (b)     a termination in the provision of a service item.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback