Victorian Numbered Acts

SUPPORTED RESIDENTIAL SERVICES (PRIVATE PROPRIETORS) ACT 2010 (NO. 49 OF 2010)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of prohibited transaction  
   5.      Meaning of supported residential service  

   PART 2--OBJECTIVE, PRINCIPLES AND RESIDENTS' RIGHTS

   6.      Objective of Act  
   7.      Principles  
   8.      Reasonable restrictions  

   PART 3--REGISTRATION OF SUPPORTED RESIDENTIAL SERVICES

           Division 1--Offences

   9.      Offence to operate unregistered supported residential service  
   10.     Offence to operate supported residential service if person is not the holder of a certificate of registration  
   11.     Offence to contravene condition of registration  
   12.     Offences to provide excess beds or accommodation  
   13.     Offence to alter or extend premises without Secretary's approval  

           Division 2--Registration of a supported residential service

   14.     Application for registration  
   15.     Decision on application for registration  
   16.     Notification of decision regarding registration  
   17.     Issue of certificate of registration  
   18.     Display of certificate of registration  
   19.     Duration of registration of supported residential services  

           Division 3--Variation of registration

   20.     Application for variation of registration  
   21.     Decision on application for variation of registration  
   22.     Notification of decision regarding application for variation of registration  
   23.     Secretary may vary registration  
   24.     Notification of decision on application for variation  

           Division 4--Alterations or extensions

   25.     Application for approval of alterations or extensions  
   26.     Decision on application for approval of alterations or extensions  
   27.     Completed works require variation of registration  

           Division 5--Cancellation of registration

   28.     Cancellation of registration by proprietor  
   29.     Cancellation of registration by Secretary  

           Division 6--Changes in directors and officers

   30.     Ceasing to be director or officer of proprietor which is a body corporate  
   31.     Appointment of new director or officer of proprietor which is a body corporate  
   32.     Secretary to decide suitability of new directors and officers  
   33.     Notification of decision  
   34.     Offence to operate supported residential service with unapproved director or officer of body corporate proprietor  
   35.     Death or loss of capacity of sole proprietor  
   36.     Secretary may request registration statements  
   37.     Proprietor must provide registration statement within 28 days  
   38.     Consideration of registration statement  

           Division 8--Register

   39.     Register of supported residential services  
   40.     Inspection of register of supported residential services  

           Division 9--General

   41.     Secretary may require further information  
   42.     Applications withdrawn in certain circumstances  
   43.     New certificate of registration to be issued in certain circumstances  

   PART 4--OPERATION OF SUPPORTED RESIDENTIAL SERVICES

           Division 1--Information for prospective residents and new resident contact information

   44.     Information for prospective residents  
   45.     Person nominated  
   46.     Details of resident's guardian or resident's administrator to be recorded  

           Division 2--Residential and services agreements

   47.     Preparation and copies of residential and services agreements  
   48.     Changes to residential and services agreements  
   49.     Residential and services agreement not to be inconsistent with Act  
   50.     Residential and services agreement to be signed by resident etc.  
   51.     Termination by agreement  
   52.     Termination after order to vacate is made  
   53.     Termination on death or abandonment  
   54.     Termination on moving out  
   55.     Termination with consent  

           Division 3--Support plans

   56.     Interim support plan  
   57.     Resident's on-going support plan  
   58.     Notification of certain matters to person nominated  

           Division 4--Health and support standards and offences

   59.     Accommodation and personal support standards  
   60.     Offence not to monitor health care issues  
   61.     Offence not to monitor personal support issues  
   62.     Enquiries, assessment and further care  

           Division 5--Medication

   63.     Medication of residents  

           Division 6--Staffing

   64.     Minimum staff requirement  
   65.     Offence to employ unsuitable persons  
   66.     Requirement for criminal record checks of staff  
   67.     Requirement to employ manager  
   68.     Requirement to apply to Secretary for approval of manager  
   69.     Further information  
   70.     Decision on application for approval of manager  
   71.     Notification of decision about approval of manager  
   72.     Secretary may cancel approval of manager  
   73.     Effect of approval or disapproval of manager  
   74.     Acting manager  

           Division 7--Complaints

   75.     Procedures for resident complaints  

           Division 8--Reporting and records

   76.     Requirement to keep prescribed records  
   77.     Records and reporting of prescribed reportable incidents  
   78.     Proprietor to keep records for 7 years  

   PART 5--MONEY AND PROPERTY OF RESIDENTS

           Division 1--Money of residents

   79.     Management or control of resident's money by proprietor  
   80.     Records of expenditure to be kept  
   81.     Statements and access to records  
   82.     Proprietor may give directions relating to resident's money  
   83.     Proprietor or close associate not to be person nominated  

           Division 2--Prohibited transactions and reportable transactions

   84.     Proprietor or close associate not to enter into prohibited transactions  
   85.     Reportable transactions  
   86.     Cooling off period  
   87.     Remedies  
   88.     Proprietor to notify Secretary of offences  

           Division 3--Fees, charges and security deposits

   89.     Offence to request certain payments  
   90.     Offence to request or accept security deposit that exceeds a specified amount  
   91.     Offence to request or accept fees in advance that exceed a specified amount  
   92.     Offence to request or accept reservation fee that exceeds a specified amount  
   93.     Offence to request or accept establishment fees that exceed a specified amount  
   94.     Offence not to provide prescribed statement in respect of fees etc.  
   95.     Offence not to put money into trust account  
   96.     Records of money held in trust account  
   97.     Fees etc. to remain in trust until required  
   98.     Retention of security deposit by proprietor  
   99.     Offence not to return security deposit within 14 days  
   100.    Condition report  
   101.    Condition report is evidence of state of repair  
   102.    Statement relating to use of reservation fees  
   103.    Proprietor must explain fees and charges to resident  
   104.    Reservation fees must be applied or refunded  
   105.    Application to VCAT for refund of security deposit etc.  
   106.    VCAT orders  

   PART 6--NOTICES TO VACATE

           Division 1--General

   107.    Contents of notice to vacate  
   108.    Giving of notice to vacate  

           Division 2--Notice to vacate given by proprietor

   109.    Proprietor proposes to cease carrying on the supported residential service  
   110.    Resident endangers safety of other persons  
   111.    Non-payment of fees  
   112.    Use of supported residential service for illegal purpose  
   113.    Repairs or demolition  
   114.    Resident in need of more health care than available  
   115.    Resident in need of more personal support than available  
   116.    Serious damage  
   117.    Serious interruption to quiet and peaceful enjoyment  
   118.    Offence not to provide proper notice  

           Division 3--Notice by resident

   119.    Notice of resident's intention to vacate supported residential service  
   120.    Offence to require more than 28 days notice of intention to leave supported residential service  

           Division 4--Enforcement

   121.    Resident may apply to VCAT  
   122.    What can VCAT order?  
   123.    Application by proprietor for order to vacate  
   124.    Time for application for order to vacate  
   125.    VCAT must make order to vacate in certain circumstances  
   126.    Application for order to vacate to be dismissed or adjourned in certain circumstances  
   127.    Order to vacate not to be made in certain circumstances  
   128.    Contents of an order to vacate  
   129.    Issue of warrant to remove resident  

   PART 7--MONITORING AND ENFORCEMENT

           Division 1--Authorised officers

   130.    Secretary may appoint authorised officers  
   131.    Identity cards  
   132.    Directions  
   133.    Production of identity card  

           Division 2--Powers of entry

   134.    Power to enter—monitoring compliance  
   135.    Power to enter unregistered premises with consent  
   136.    Entry to unregistered premises—search warrant  
   137.    Investigating an offence—search warrant  
   138.    Search warrants—general  

           Division 3--Procedure for entry

   139.    Announcement before exercising power of entry  
   140.    Notice required if power of entry exercised without proprietor or occupier being present  
   141.    Announcement before entry on warrant  
   142.    Copy of warrant to be given to occupier  

           Division 4--Powers after entry

   143.    General powers of authorised officers  
   144.    Power to direct persons to produce documents, operate equipment or answer questions  
   145.    Authorised officers to give receipts for seized things and samples taken  
   146.    Copies of seized documents  
   147.    Retention and return of seized documents or things  
   148.    Magistrates' Court may extend 3 month period  
   149.    Court may order destruction of seized documents or things  
   150.    Protection against self-incrimination  
   151.    Police assistance  

           Division 5--Offences and complaints

   152.    Offence to obstruct or hinder  
   153.    Offence to impersonate authorised officer  
   154.    Complaints  

           Division 6--Infringements

   155.    Infringement notice  

   PART 8--FURTHER ENFORCEMENT PROVISIONS

           Division 1--Undertakings

   156.    Undertakings  
   157.    Compliance with and effect of undertaking  
   158.    Proprietor to display undertaking  
   159.    Secretary may maintain list of undertakings  

           Division 2--Compliance notices

   160.    Secretary may issue compliance notice  
   161.    Content of compliance notice  
   162.    Proprietor must comply with compliance notice  
   163.    Proprietor must display compliance notice  
   164.    Compliance with and effect of compliance notice  
   165.    Secretary may maintain list of compliance notices  

           Division 3--Censure, suspension and revocation

   166.    Censure  
   167.    Suspension of admissions  
   168.    Revocation of registration  

           Division 4--Appointment of an administrator

   169.    Displacement of other laws—appointment of administrator  
   170.    Minister may appoint administrator of supported residential service  
   171.    Period of appointment  
   172.    Functions and powers of administrator  
   173.    Financially unviable supported residential service  
   174.    Proprietor to pay Secretary costs incurred by appointment of administrator  
   175.    Additional matters—failure to appoint manager in accordance with Act  
   176.    Offence to remove equipment or other property  
   177.    Offence to hinder and obstruct administrator  
   178.    Disposal of interests  
   179.    Entering or exercising rights under contracts  
   180.    Issuing notices to vacate to residents  
   181.    Compensation  

   PART 9--COMMUNITY VISITORS

   182.    Appointment of community visitors  
   183.    Terms and conditions of appointment  
   184.    Functions of a community visitor  
   185.    Panels  
   186.    Visiting supported residential services  
   187.    Powers of community visitors  
   188.    Offence to unreasonably refuse assistance  
   189.    Offence not to give full and true answers  
   190.    Offence to assault, obstruct or threaten community visitor  
   191.    Request to see a community visitor  
   192.    Record of visits  
   193.    Community (Residential Services) Visitors Board  
   194.    Reports  
   195.    Annual report of community visitors  
   196.    Secrecy  

   PART 10--GENERAL

   197.    Power to bring proceedings  
   198.    Extension of time limit for proceedings for certain offences  
   199.    False and misleading statements  
   200.    Damaging or destroying documents etc.  
   201.    Offences by corporations and partnerships etc.  
   202.    Evidentiary matters  
   203.    Service of notices and other documents  
   204.    Delegation  
   205.    Functions and duties of Secretary  
   206.    Review of decisions  
   207.    Regulations  

   PART 11--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

           Division 1--Transitional provisions

   208.    Interpretation of Legislation Act 1984  
   209.    Supported residential services registered under Health Services Act 1988 before commencement  
   210.    Pre-commencement applications  
   211.    Administrators  
   212.    Disciplinary action  
   213.    Community visitors  
   214.    Community (Residential Services) Visitors Board  
   215.    Authorised officers  
   216.    Prescribed statement to be given in respect of fees received before commencement of Act  
   217.    Proprietor to put money received before commencement of this Act into trust account after that commencement  
   218.    Regulations dealing with transitional matters  

           Division 2--Amendments to the Health Services Act 1988

   219.    Definitions  
   220.    Designated public hospital  
   221.    Principles applying to hostels, nursing homes and supported residential services  
   222.    Hospital must comply with directions of Secretary  
   223.    Criteria for grant of approval in principle  
   224.    Criteria for registration  
   225.    Criteria for renewal of registration  
   226.    Repeal of provisions dealing with supported residential services  

           Division 3--Amendments to other Acts

   227.    Definitions—section 50 of the Crimes Act 1958  
   228.    Heading to section 52 of the Crimes Act 1958 amended  
   229.    Guardianship and Administration Act 1986  
   230.    Land Tax Act 2005  
   231.    Residential Tenancies Act 1997  
   232.    Tobacco Act 1987  
   233.    Transport Accident Act 1986  

           Division 4--Repeal of amending provisions

   234.    Repeal of Divisions 2 and 3  
           --Divisions 2 and 3 of this Part are repealed on 1 June 2013.
           ENDNOTES