Victorian Repealed Acts

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This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 26

Proclaimed services

26. Proclaimed services



(1) Where a person, association or organization which provides residential or
non-residential services for use specifically or substantially by
intellectually disabled persons is not a contracted service provider or
registered under section 23 and the Minister considers that persons using the
service are being abused or exploited or that the service is operated so as to
substantially breach any of the principles stated in section 5 the Governor in
Council may on the recommendation of the Minister proclaim the person,
association or organization as a proclaimed service.

(2) The Minister must not make a recommendation under sub-section (1) unless
the Minister-

   (a)  has given notice in writing to the person, association or organization
        specifying-

   (i)  the reason why it is intended to make a proclamation under this
        section; and

   (ii) that the person, association or organization may object in writing to
        the Minister within 14 days of service of the notice and may request
        to be represented at a hearing into the objection; and

   (b)  has considered any objection made under paragraph (a).

(3) A proclaimed service must operate subject to such conditions and must
comply with any requirements specified in the proclamation.

(4) Where a proclaimed service fails to comply with any condition or
requirement specified in the proclamation any person who is concerned or takes
part in the management of the proclaimed service is guilty of an offence
against this Act.

_______________
PART 5-PROTECTION OF RIGHTS OF INTELLECTUALLY DISABLED PERSONS

Division 1-Establishment, Constitution and Procedure of the
Intellectual Disability Review Panel



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