Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Act No. 53/1986 Version incorporating amendments as at 11 October 2006 ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 28 November 1985 Legislative Council: 8 April 1986 The long title for the Bill for this Act was "A Bill to provide for the care, treatment and protection of intellectually disabled persons, to define the role of the Minister and Department of Community Services with respect to intellectually disabled persons and the provision of services, to establish an Intellectual Disability Review Panel and for other purposes.". The Intellectually Disabled Persons' Services Act 1986 was assented to on 27 May 1986 and came into operation as follows: Sections 1-6, 27-35, 51, 52, 72-76, Schedules 1, 2 on 1 July 1987: Government Gazette 1 July 1987 page 1712; section 78 on 8 September 1987: Special Gazette (No. 35) 8 September 1987 page 1; sections 7-26, 36-44, 53-71, 77, Schedules 3, 4 on 1 October 1987: Government Gazette 23 September 1987 page 2521; sections 45-50 on 24 November 1987: Special Gazette (No. 50) 24 November 1987 page 1. 2. Table of Amendments This Version incorporates amendments made to the Intellectually Disabled Persons' Services Act 1986 by Acts and subordinate instruments. ------------------------------------------------------------- Intellectually Disabled Persons' Services (Amendment) Act 1987, No. 74/1987 Assent Date: 24.11.87 Commencement Date: 24.11.87: Special Gazette (No. 50) 24.11.87 p. 1 Current State: All of Act in operation Health Services Act 1988, No. 49/1988 Assent Date: 24.5.88 Commencement Date: S. 196 on 1.10.86: s. 2(2); ss 194, 195, 197, 198 on 1.7.88: Government Gazette 29.6.88 p. 1896 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 Current State: All of Act in operation Intellectually Disabled Persons' Services (Amendment) Act 1989, No. 60/1989 Assent Date: 12.9.89 Commencement Date: S. 20 on 10.12.85: s. 2(2); rest of Act on 1.11.89: Government Gazette 1.11.89 p. 2799 Current State: All of Act in operation Intellectually Disabled Persons' Services (Trust Money) Act 1992, No. 62/1992 Assent Date: 17.11.92 Commencement Date: 1.1.93: Government Gazette 23.12.92 p. 3868 Current State: All of Act in operation Public Sector Management Act 1992, No. 68/1992 Assent Date: 19.11.92 Commencement Date: S. 114(Sch. 7 item 1) on 24.11.92: Special Gazette (No. 62) 24.11.92 p. 1 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Employee Relations Act 1992, No. 83/1992 Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 item 10) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Health and Community Services (Further Amendment) Act 1993, No. 124/1993 Assent Date: 7.12.93 Commencement Date: All of Act (except Pt 3 (ss 4-8)) on 7.12.93; Pt 3 on 18.12.94: Government Gazette 15.12.94 p. 3308 Current State: All of Act in operation Medical Practice Act 1994, No. 23/1994 Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 Current State: All of Act in operation Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: Ss 1, 2 on 31.5.94; s. 3, Sch. 1 (except item 60) on 7.7.94: Government Gazette 7.7.94 p. 1878-see Interpretation of Legislation Act 1984; s. 4, Sch. 2 on 1.1.95: Government Gazette 28.7.94 p. 2055; Sch. 1 item 60 was never proclaimed, repealed by No. 75/1994 Current State: All of Act in operation Intellectually Disabled Persons' Services (Amendment) Act 1994, No. 76/1994 Assent Date: 22.11.94 Commencement Date: Ss 1, 2 on 22.11.94: s. 2(1); s. 9 on 1.10.87: s. 2(2); ss 3-8, 10-18 on 1.6.95: s. 2(4) Current State: All of Act in operation Equal Opportunity Act 1995, No. 42/1995 Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 21 on 1.1.96: Government Gazette 21.12.95 p. 3571 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Legal Aid Commission (Amendment) Act 1995, No. 48/1995 Assent Date: 14.6.95 Commencement Date: S. 11(5) on 14.12.95: s. 2(3) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995 Endnotes Assent Date: 5.12.95 Commencement Date: 1.1.96: s. 2 Current State: All of Act in operation Corrections (Amendment) Act 1996, No. 45/1996 Assent Date: 26.11.96 Commencement Date: S. 18(Sch. 2 items 8.1-8.7) on 6.2.97: Government Gazette 6.2.97 p. 257 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996 Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 item 10) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, No. 65/1997 Assent Date: 18.11.97 Commencement Date: Ss 83-85 on 18.4.98: s. 2(3) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997 Assent Date: 25.11.97 Commencement Date: Ss 20-23 on 25.11.97: s. 2(1) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999) Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 44) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Endnotes Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 8) on 11.5.99: s. 2(1) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Disability Services (Amendment) Act 2000, No. 19/2000 Assent Date: 16.5.00 Commencement Date: Ss 8-10 on 1.7.01: s. 2(3) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Health Records Act 2001, No. 2/2001 Assent Date: 10.4.01 Commencement Date: S. 109 on 1.3.02: Government Gazette 28.2.02 p. 318 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 37) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Corrections (Custody) Act 2001, No. 45/2001 Endnotes Assent Date: 27.6.01 Commencement Date: S. 42 on 1.3.02: s. 2(2) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Community Visitors Legislation (Miscellaneous Amendments) Act 2001, No. 51/2001 Assent Date: 25.9.01 Commencement Date: Ss 8-11 on 1.2.02: s. 2(2) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Forensic Health Legislation (Amendment) Act 2002, No. 7/2002 Assent Date: 9.4.02 Commencement Date: S. 35 on 1.7.02: s. 2(3) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 104) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 52) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 54) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Intellectually Disabled Persons' Services Act 1986 ------------------------------------------------------------- 3. Explanatory Details 1 S. 7(4): Section 18(1) of the Intellectually Disabled Persons' Services (Amendment) Act 1994, No. 76/1994 reads as follows: 18. Transitional provisions (1) The amendment of the Principal Act made by section 6(2) applies to requests for assessment received before as well as after the commencement of that section. 2 S. 7(5): See note 1. 3 S. 8: Section 18(2) of the Intellectually Disabled Persons' Services (Amendment) Act 1994, No. 76/1994 reads as follows: 18. Transitional provisions (2) The amendment of the Principal Act made by section 7 applies only with respect to assessments commenced after the commencement of that section, irrespective of when the request for assessment was received. 4 S. 8A: See note 3. 5 S. 23: Section 20 of the Health and Community Services (Further Amendment) Act 1993, No. 124/1993 reads as follows: 20. Transitional provision The Intellectually Disabled Persons' Services Act 1986 as amended by this Part applies to any municipality or non-government organisation registered under section 23 before the commencement of this Part as a residential service or a non-residential service as if it were registered under that section as a registered service. 6 S. 33: Section 18(3) of the Intellectually Disabled Persons' Services (Amendment) Act 1994, No. 76/1994 reads as follows: 18. Transitional provisions (3) The amendment of the Principal Act made by section 14 applies only with respect to hearings begun before the Intellectual Disability Review Panel after the commencement of that section. 7 Pt 5 Div. 3A (ss 45-50R): Sections 5-8 of the Intellectually Disabled Persons' Services (Trust Money) Act 1992, No. 62/1992 read as follows: 5. Transitional provision-transfer of money from old system to new system (1) The Secretary to the Department of Health and Community Services must ensure that- (a) all money standing to the credit of any eligible person in the Residents' Trust Account at each residential institution; and (b) any trust money standing to the credit of any eligible person at a residential program- at the end of the day before this Act comes into operation is transferred to the Residents' Trust Fund and credited to that eligible person at the start of the day this Act comes into operation. (2) On the day this Act comes into operation, the Secretary must ensure that all money standing to the credit of the Resident Amenities Account in respect of a residential institution at the start of that day is transferred to that institution's Residents' Amenities Fund. (3) Sub-section (2) does not apply to any former residential institution. 6. Transitional provision concerning the Act in its previous form (1) The Secretary to the Department of Health and Community Services must fulfil the obligations placed on each senior officer under sections 48(4) and (5) of the Intellectually Disabled Persons' Services Act 1986 as in force immediately before the commencement of this Act in respect of the period starting on the day after the last transfer under section 48(4) and ending on the day before the commencement of this Act. (2) Any surplus money in the Interest Account after this has been done is deemed to have been in the institution's Residents' Amenities Account on the date this Act came into operation. (3) Despite section 48(5), all interest payable to an eligible person must be paid- (a) into the Residents' Trust Fund and must be credited to that eligible person; or (b) if the proclamation of a residential institution has been revoked, must be paid to that person. 7. Transitional provision for closures within 2 years If the proclamation of a residential institution as such an institution is revoked within 2 years after the commencement of this Act, in addition to the people referred to in paragraphs (a) and (b) of section 50R(1) of the Intellectually Disabled Persons' Services Act 1986, the Secretary to the Department of Health and Community Services must also give an equal share of the money and proceeds referred to in that section to any eligible person who was a resident at the institution at any time within the 2 years immediately before the revocation of the proclamation took effect. 8. Provision for closures within the last 3 years (1) This section applies to any former residential institution under the Intellectually Disabled Persons' Services Act 1986 that had its proclamation as a residential institution revoked in the 3 years before the commencement of this Act. (2) The Secretary to the Department of Health and Community Services must within 6 months of the commencement of this Act- (a) sell all goods that have been bought with money from the institution's Residents' Amenities Account (other than goods, that in the opinion of the Secretary, it is not possible to sell, and goods that have become fixtures); and (b) give an equal share of the proceeds from such sales and the money in the Residents' Amenities Account to- (i) any eligible person who was a resident at the institution at any time in the 2 years immediately before the revocation of the proclamation took effect; and (ii) any eligible person who, in the opinion of the Minister, should receive a share of the money in the interests of fairness. 8 S. 52(1): Section 18(4) of the Intellectually Disabled Persons' Services (Amendment) Act 1994, No. 76/1994 reads as follows: 18. Transitional provisions (4) The amendment of the Principal Act made by section 17 applies to reviewable decisions made before as well as after the commencement of that section. 9 S. 52(1A): See note 8. 10 S. 52(1B): See note 8. 11 S. 52(1C): See note 8. 12 S. 52(1D): See note 8. ?? ?? Part 1-Preliminary Intellectually Disabled Persons' Services Act 1986 Act No. 53/1986