Victorian Repealed Acts

This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 10

Amendment and review of general service plan

10. Amendment and review of general service plan



(1) Any person may apply to the Secretary to have a general service plan
amended.



(2) The Secretary must consider any application under sub-section (1) and
advise the applicant of the Secretary's decision within 21 days of receiving
the application.



(3) The Secretary may if there has been a significant change in the
circumstances, needs or development of an eligible person and, subject to
sub-section (3C), must every five years review a general service plan in
consultation with-

   (a)  the eligible person; and

   (b)  unless section 9(6) applies, the primary carer of that person; and

   (c)  any other persons the Secretary considers appropriate.



(3A) An eligible person who is not receiving services and who does not wish to
have the mandatory 5 year review of his or her general service plan conducted
may give notice in writing of that fact to the Secretary.

(3B) The guardian of an eligible person who is not receiving services who does
not wish to have the mandatory 5 year review of the eligible person's
general service plan conducted may give notice in writing of that fact to the
Secretary.

(3C) If the Secretary receives a notice under sub-section (3A) or (3B)-

   (a)  he or she is not required by sub-section (3) to review the
        general service plan; and

   (b)  the general service plan ceases to be in force.

(3D) Nothing in sub-sections (3A) to (3C) prevents a request being made to the
Secretary by the eligible person or his or her parent, guardian or
primary-carer for the preparation of a new general service plan in respect of
the eligible person in accordance with section 9.

(3E) The Secretary must ensure that a general service plan is prepared within
a reasonable time of being requested to do so under sub-section (3D).

(4) If an eligible person continues to reside in a residential institution,
the Secretary must every 12 months review the general service plan in
consultation with-

   (a)  the eligible person; and

   (b)  unless section 9(6) applies, the primary carer of that person; and

   (c)  any other persons the Secretary considers appropriate.



(5) In conducting a review of a general service plan the Secretary must assess
the effectiveness of the general service plan against the objectives of the
general service plan.

(6) The Secretary may make any amendments to the general service plan that the
Secretary considers necessary as the result of a review under sub-section (3)
or (4).