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DISABILITY ACT 2006 (NO 23 OF 2006) Services Act 1986
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
PART 2--OBJECTIVES AND PRINCIPLES
4. Objectives of Act
5. Principles
6. Persons with an intellectual disability
7. Provision of advice, notification or information under this Act
PART 3--ADMINISTRATION
Division 1--The Secretary
8. Role and functions of the Secretary
9. Power of Secretary to provide funds
10. Power of Secretary to enter into contracts
Division 2--The Victorian Disability Advisory Council
11. Victorian Disability Advisory Council
12. Functions of the Victorian Disability Advisory Council
13. Provisions applying to the Victorian Disability Advisory Council
Division 3--The Disability Services Commissioner
14. Disability Services Commissioner
15. Acting Disability Services Commissioner
16. Functions of the Disability Services Commissioner
17. Powers of the Disability Services Commissioner
18. Provision of staff and contractors
19. Annual report
Division 4--The Disability Services Board
20. Constitution of the Disability Services Board
21. Procedure of the Disability Services Board
22. Functions of the Disability Services Board
Division 5--The Senior Practitioner
23. The Senior Practitioner
24. Functions of the Senior Practitioner
25. Power of Senior Practitioner to delegate
26. Provision of staff and contractors
27. Special powers of the Senior Practitioner
Division 6--Community Visitors
28. Community visitors
29. General provisions as to community visitors
30. Functions of a community visitor
31. Certain persons deemed to be community visitors
32. Community Visitors Board
33. Matter may be referred
34. Reports by community visitors
35. Annual report of community visitors
36. Secrecy provision
PART 4--DISABILITY SERVICES
Division 1--General Provisions
37. State Disability Plan
38. Disability Action Plans
39. Information systems
40. Application for registration as a disability service provider
41. Registration
42. Renewal of registration
43. Revocation of registration
44. Notice before refusal or revocation
45. Application for review
46. Register of disability service providers
47. Disability service provider to notify changes
48. Certain persons or bodies deemed or may be deemed to be registered as disability service providers
Division 2--Accessing Disability Services
49. Request for disability services
50. Request to Secretary for decision as to disability
51. Effect of decision of Secretary
Division 3--Planning
52. Guiding principles for planning
53. Planning
54. Support plan
55. Planning for persons with an intellectual disability
PART 5--RESIDENTIAL SERVICES
Division 1--General Provisions
56. Purpose and application of Part
57. Residential statement
58. Duties of disability service provider providing residential services
59. Duties of residents
60. Entry to a resident's room
61. Manner of entry
62. Offences relating to interference with rights
Division 2--Community Residential Units
63. Application of Division
64. Declaration of residential service as a community residential unit
65. Residential charge
66. Notice of increase in residential charge
67. Limit on payment in advance
68. Method of payment
69. Receipts for payment
70. Residential charge must be reduced if service items are reduced
71. Disputes relating to notice of increase in residential charge
72. What can VCAT order on an application under section 71?
73. Payment of increased amount pending VCAT decision
74. Notice of temporary relocation
75. Termination of residency
76. Notice to vacate by disability service provider
77. Effect of notice to vacate
78. Notice of no effect
79. What if 2 or more notices can be given?
80. Notice of intention to vacate by resident
81. Withdrawal of notice
82. Application to VCAT for review of notice to vacate
83. Application to VCAT for possession order
84. Possession orders
85. Issue of warrant of possession
Division 3--Residential Institutions
86. Proclamation of residential institutions
87. Admission to residential institutions
88. Review by VCAT
PART 6--RIGHTS AND ACCOUNTABILITY
Division 1--Provision of Information
89. Disability service provider must provide information
Division 2--Provisions Relating to the Management of Money
90. Management of money
91. Residents' Trust Fund
92. Money to be paid into the Residents' Trust Fund by the Secretary
93. Management of money of a resident
94. Investment of money
95. Limit on amount held
96. Trust money must be paid when person leaves
Division 3--Standards and Monitoring of Performance
97. Minister must determine standards
98. Secretary to specify performance measures and monitor performance
99. Power of Secretary to give directions
100. Further powers of Secretary
Division 4--Appointment of Administrator
101. Displacement of other laws
102. Appointment of administrator
103. Additional provisions if disability service provider is providing residential services
Division 5--Complaints to Disability Service Providers
104. Internal process for complaints
105. Report on complaints
106. Duty of disability service provider to take all reasonable steps
Division 6--Complaints to Disability Services Commissioner
107. Purpose of Division
108. Application of Division
109. What matters can be the subject of a complaint?
110. Who may make a complaint?
111. How do you make a complaint?
112. Withdrawal of complaint
113. Preliminary assessment of complaint
114. Circumstances in which the Disability Services Commissioner may decline to consider a complaint
115. Notice of decision to consider or not to consider complaint
116. Consideration of complaint suitable for conciliation
117. Dealing with a complaint
118. Investigation of a complaint
119. Notice of decision and procedures
120. Circumstances in which notice is not to be given
121. Duty to stop proceedings
122. Powers to compel attendance and call for evidence and documents
123. Restrictions on powers
124. Warrants
125. False statements
126. Person not to be penalised for making a complaint
127. Protection for Disability Services Commissioner, officers and parties to proceedings
128. Secrecy
Division 7--Visits by Community Visitors
129. Visiting of residential service
130. Powers of inspection
131. Request to see a community visitor
132. Record of visits
PART 7--RESTRICTIVE INTERVENTIONS
133. Purpose of Part
134. Use of restrictive interventions
135. Approval to use restrictive interventions
136. Revocation of approval
137. Notice before refusal or revocation
138. Application for review
139. Authorised Program Officers
140. Use of restraint and seclusion
141. Use of restraint and seclusion must be included in behaviour management plan
142. Review of behaviour management plan by disability service provider
143. Independent person
144. Powers of Public Advocate
145. Requirements for the use of restraint and seclusion
146. Review by VCAT
147. Use of restraint or seclusion in an emergency
148. Reports
149. Offence
150. Use of other restrictive interventions
PART 8--COMPULSORY TREATMENT
Division 1--Residential Treatment Facilities
151. Proclamation of residential treatment facility
152. Admission to a residential treatment facility
153. Authorised Program Officer must prepare treatment plan
154. Annual review of treatment plan
155. Application for review of treatment plan
156. Leave of absence
157. Special leave
158. Suspension of leave of absence or special leave
159. Security conditions
160. Apprehension of resident absent without leave
161. Transfer of resident to another residential treatment facility or a residential institution
Division 2--Provisions applying to RTO Residents
162. Extended leave
163. Appeals regarding extended leave
164. Suspension and revocation of extended leave
165. Appeals regarding revocation of extended leave
Division 3--Provisions applying to Security Residents
166. Transfer of person with an intellectual disability from a prison
167. Preparation of treatment plan
168. Annual review of security order and treatment plan
169. Application for review of treatment plan
170. Leave of absence
171. Special leave
172. Suspension of leave of absence or special leave
173. Security conditions
174. Apprehension of security resident absent without leave
175. Termination of a security order
176. Death of security resident
177. Request for transfer to prison
178. Transfer of security resident to another residential institution or a residential treatment facility
179. Notice of transfer of security resident to another residential treatment facility or residential institution
Division 4--Provisions applying to Forensic Residents
180. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
181. Status of forensic residents
182. Leave of absence for forensic resident
Division 5--Supervised Treatment Orders
183. Purpose of Division
184. Restrictions on liberty or freedom of movement
185. Use of supervised treatment
186. Approval to use supervised treatment
187. Revocation of approval
188. Notice before refusal or revocation
189. Application for review
190. Authorised Program Officers
191. Application for a supervised treatment order
192. Interim supervised treatment order by VCAT
193. Supervised treatment order
194. Application by the Public Advocate
195. Supervision of supervised treatment order
196. Application for review, variation or revocation
197. Application for rehearing
198. Rehearing
199. Senior Practitioner may make assessment order
200. Supervised treatment order to prevail over guardianship order
201. Apprehension of person subject to a supervised treatment order absent without approval
PART 9--GENERAL PROVISIONS
202. False and misleading statements
203. Defacing documents
204. Power of delegation
205. Provision of staff services
206. Special powers of Secretary
207. Appointment of authorised officers
208. Identity cards
209. Production of identity card
210. Powers of authorised officers
211. Offence to give false or misleading information
212. Offence to hinder or obstruct authorised officer
213. Offence to impersonate authorised officer
214. Protection against self-incrimination
215. Legal professional privilege
216. Offences by bodies corporate
217. Persons who are liable for offences
218. Power to bring proceedings
219. Evidentiary
220. Recapture of person
221. Regulations
PART 10--MISCELLANEOUS
Division 1--Savings and Transitional
222. Repeals and Savings
223. Transitional provisions
224. Intellectual Disability Review Panel
225. Transitional regulations
Division 2--Amendment of the Sentencing Act 1991
226. Amendment of section 3
227. Special conditions of justice plans
228. Amendment of section 82
229. New section 82A inserted
230. Amendment of section 83
Division 3--Amendment of Victorian Civil and Administrative Tribunal Act 1998
231. Amendment of Schedule 1
Division 4--Consequential Amendments to Other Acts
232. Alcoholics and Drug-dependent Persons Act 1968
233. Child Wellbeing and Safety Act 2005
234. Children, Youth and Families Act 2005
235. Corrections Act 1986
236. Crimes Act 1958
237. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
238. Firearms Act 1996
239. Gambling Regulation Act 2003
240. Guardianship and Administration Act 1986
241. Health Records Act 2001
242. Human Services (Complex Needs) Act 2003
243. Information Privacy Act 2000
244. Juries Act 2000
245. Land Tax Act 2005
246. Ombudsman Act 1973
247. Public Administration Act 2004
248. Residential Tenancies Act 1997
249. Summary Offences Act 1966
250. Victims of Crime Assistance Act 1996
ENDNOTES
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