Victorian Current Acts Victorian Current ActsS. 74(1) amended by No. 22/2012 s. 26(1).
(1) A disability service provider may give a resident a written notice of temporary relocation from a group home if—
S. 74(1)(a) amended by No. 22/2012 s. 26(1).
(a) the resident by act or omission endangers the safety of other residents or staff of the group home;
(b) the resident is causing serious disruption to the proper use and enjoyment of the premises by other residents;
S. 74(1)(c) amended by No. 22/2012 s. 26(1).
(c) the resident is a danger to themselves and the disability service provider cannot continue to support the resident in the group home;
(d) it is for the resident's safety or well-being;
(e) the resident has knowingly or intentionally damaged the room or the premises;
(f) the resident has used the premises for a purpose that is illegal at common law or under an Act;
(g) the premises is not suitable for the provision of disability services;
(h) the disability service provider intends to repair the room immediately after the notice of temporary relocation has effect and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the resident vacates the room;
S. 74(1)(i) amended by No. 22/2012 s. 26(1).
(i) the level and kind of support services provided in the group home is not appropriate to the needs of the resident because of a change in the resident's support needs.
(2) A notice of temporary relocation—
(a) has effect immediately it is given or from the time specified in the notice of temporary relocation;
(b) must specify a relocation period ending not more than 90 days after the date on which the notice has effect.
(3) If—
S. 74(3)(a) amended by No. 22/2012 s. 26(2).
(a) the proposed repairs will affect a resident's room but will not affect all the rooms in a group home; and
S. 74(3)(b) amended by No. 22/2012 s. 26(2).
(b) a room equivalent to the resident's room at an equivalent residential charge is available in the group home—
the disability service provider must not give the notice under subsection (1)(h) unless the disability service provider has first offered an equivalent room to the resident and the resident has refused to occupy that room in place of the resident's current room.
(4) The disability service provider must notify the Secretary and the Public Advocate of the details of a notice of temporary relocation within 24 hours of the notice of temporary relocation being given.
S. 74(5) amended by No. 22/2012 s. 26(2).
(5) During the relocation period specified under subsection (2), the resident is excluded from the room or the group home as specified in the notice of temporary relocation and is to be relocated by the disability service provider in alternative accommodation.
(6) The disability service provider may seek the assistance of the Secretary to obtain suitable alternative accommodation for the resident who is to be relocated.
(7) Except as provided in subsection (8), a disability service provider must not use the room for another resident during the relocation period specified in the notice of temporary relocation.
S. 74(8) substituted by No. 22/2012 s. 26(3).
(8) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(h), the room may only be used—
(a) for emergency purposes; or
(b) on a short term basis for the purpose of providing respite to a carer of a person with a disability.
S. 74(9) amended by No. 22/2012 s. 26(2).
(9) At the expiry of a notice of temporary relocation, a resident is entitled to return to the group home unless a notice to vacate has been given under section 76.
(10) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(h), the disability service provider must ensure that if a review of the resident's support plan has not been conducted in the period of 3 months before the notice of temporary relocation was given, a review of the resident's support plan is completed under section 54 before the notice of temporary relocation expires.
(11) If the notice of temporary relocation was given on a ground specified in subsection (1)(a), (1)(b), (1)(c), (1)(e) or (1)(f), the disability service provider must ensure that—
S. 74(11)(a) amended by No. 22/2012 s. 26(4).
(a) if a review of the resident's behaviour support plan has not been conducted in the period of 3 months before the notice of temporary relocation was given, that a review of the resident's behaviour support plan is completed before the notice of temporary relocation expires; or
S. 74(11)(b) amended by No. 22/2012 s. 26(4).
(b) if the resident does not have a behaviour support plan, that a behaviour support plan is prepared before the notice of temporary relocation expires.
S. 74(12) amended by No. 22/2012 s. 26(2).
(12) During the period that a resident is relocated to alternative accommodation, including another group home, the resident is to be taken to be accommodated in emergency or transitional housing and Division 2 does not apply in respect of that accommodation.
(13) The disability service provider must take reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation as soon as is reasonably possible in the circumstances.
(14) The taking of reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation does not affect the continued application of that matter as the ground for the issue of the notice of temporary relocation.