Victorian Current Acts Victorian Current ActsS. 93(1) substituted by No. 22/2012 s. 35(1).
(1) A disability service provider providing residential services may manage or control an amount of money of a resident, being not greater than the prescribed amount, if the disability service provider has written consent to do so from—
(a) the resident; or
(b) the resident's guardian; or
(c) the resident's administrator; or
(d) a person who gives the disability service provider money to be managed for the resident, if the disability service provider is satisfied that the person—
(i) is a member of the resident's family or is otherwise significant in the life of the resident; and
(ii) informally manages or controls the resident's money.
(2) If at any time the amount of the money of a resident held by a disability service provider under subsection (1) exceeds the prescribed amount and the money of the resident is not to be used within the next 14 days, the money must be—
(a) held on trust on behalf of the resident; and
(b) deposited in a trust account until it is dealt with on behalf of the resident.
Penalty: 60 penalty units.
S. 93(3) amended by No. 22/2012 s. 35(2).
(3) If a disability service provider providing residential services manages, controls or holds on trust under subsection (2) the money of a resident, the disability service provider must—
S. 93(3)(a) substituted by No. 22/2012 s. 35(3).
(a) keep a copy of the consent given in accordance with subsection (1) in relation to that money;
S. 93(3)(b) substituted by No. 22/2012 s. 35(3).
(b) if the money is not deposited in a trust account in accordance with subsection (2), keep the money of the resident in a secure place;
(c) maintain an accurate and up to date financial management system which provides a record of—
(i) the money of the resident;
(ii) the receipt and expenditure by the disability service provider of the money of the resident;
(iii) any investment of the money of the resident;
(d) ensure that records kept under paragraph (c) individually itemise each transaction made on behalf of the resident.
Penalty: 60 penalty units.
S. 93(4) amended by No. 22/2012 s. 35(2)(4).
(4) A disability service provider who manages, controls or holds on trust under subsection (2) the money of a resident must provide a statement at the end of each month to the person who gave consent under subsection (1) specifying—
(a) the current balance held on behalf of the resident;
(b) any income received and expenditure incurred on behalf of the resident since the previous statement;
(c) the current status of any liabilities incurred on behalf of the resident.
Penalty: 60 penalty units.
S. 93(5) amended by No. 22/2012 s. 35(4).
(5) The disability service provider must, upon request, give access to the resident's financial records held by the disability service provider to the person who gave consent under subsection (1).
Penalty: 60 penalty units.
(6) The disability service provider or a person employed by the disability service provider must not accept appointment as a resident's guardian or resident's administrator in respect of any resident of the residential service.
Penalty: 60 penalty units.
(7) In this section, "money of a resident" does not include money—
(a) payable to the disability service provider in relation to services provided by the disability service provider; or
(b) paid by the Secretary to a person to purchase disability services to be provided to the resident.