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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Community Visitors Legislation (Miscellaneous
Amendments) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE DISABILITY SERVICES
(AMENDMENT) ACT 2000 3
3. Amendment to definition of "region" 3
4. Amendment to section 6 3
12. Secrecy provision 3
PART 3--AMENDMENT TO THE GUARDIANSHIP AND
ADMINISTRATION ACT 1986 5
5. Insertion of new section 18A 5
18. Powers of inspection 5
PART 4--AMENDMENTS TO THE HEALTH SERVICES ACT
1988 8
6. Removal of requirement to reside within region 8
7. Amendment of secrecy provision 8
PART 5--AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986 10
8. Insertion of new definition of "region" 10
9. Insertion of new section 62A 10
62A. Secrecy provision 10
10. Removal of requirement to reside in region 11
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Clause Page
11. Insertion of new Part 7 11
PART 7--TRANSITIONAL 12
79. Transitional provision--Community Visitors
Legislation (Miscellaneous Amendments) Act 2001 12
PART 6--AMENDMENTS TO THE MENTAL HEALTH ACT 1986 13
12. Insertion of new definition of "region" 13
13. Secrecy provision for community visitors 13
14. Insertion of new section 117AA 14
117AA. Transitional provision--Community Visitors
Legislation (Miscellaneous Amendments) Act 2001 14
15. Removal of requirement to reside within region 14
ENDNOTES 15
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to make miscellaneous amendments to the Disability Services
(Amendment) Act 2000, the Guardianship and Administration Act
1986, the Health Services Act 1988, the Intellectually Disabled
Persons' Services Act 1986 and the Mental Health Act 1986 and for
other purposes.
Community Visitors Legislation
(Miscellaneous Amendments) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Disability Services
5 (Amendment) Act 2000, the Guardianship and
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 2
Act No.
Administration Act 1986, the Health Services
Act 1988, the Intellectually Disabled Persons'
Services Act 1986 and the Mental Health Act
1986.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2002, it comes into
10 operation on that day.
_______________
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 3
Act No.
PART 2--AMENDMENTS TO THE DISABILITY SERVICES
(AMENDMENT) ACT 2000
See:
3. Amendment to definition of "region" Act No.
19/2000.
In section 5 of the Disability Services Statute Book:
5 (Amendment) Act 2000 in the proposed www.dms.
dpc.vic.
definition of "region", for "Intellectually gov.au
Disabled Persons' Services Act 1986"
substitute "Health Services Act 1988".
4. Amendment to section 6
10 In section 6 of the Disability Services
(Amendment) Act 2000, after the proposed
section 11 insert--
"12. Secrecy provision
(1) Unless sub-section (2) applies, a person who
15 is or has been, at any time, a community
visitor must not, either directly or
indirectly--
(a) make a record of; or
(b) divulge or communicate to any person;
20 or
(c) make use of--
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
25 purpose, except to the extent necessary for
the person--
(d) to perform any official duties; or
(e) to perform or exercise any function or
power under this Act.
30 Penalty: 50 penalty units.
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 4
Act No.
(2) Sub-section (1) does not prevent a person
from--
(a) producing a document to a court in the
course of criminal proceedings or in the
5 course of any proceedings under this
Act; or
(b) divulging or communicating to a court,
in the course of any proceedings
referred to in paragraph (a), any matter
10 or thing coming under the notice of the
person in the performance of official
duties or in the performance of a
function or in the exercise of a power
referred to in sub-section (1); or
15 (c) producing a document or divulging or
communicating information that is
required or permitted by any Act to be
produced, divulged or communicated,
as the case may be, if, where the
20 document or information relates to the
personal affairs of another person, that
other person has given consent in
writing.".
_______________
25
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 5
Act No.
PART 3--AMENDMENT TO THE GUARDIANSHIP AND
ADMINISTRATION ACT 1986
See:
5. Insertion of new section 18A Act No.
58/1986.
After section 18 of the Guardianship and Reprint No. 5
5 Administration Act 1986 insert-- as at
1 January
'18. Powers of inspection 2000
and
amending
(1) The Public Advocate is entitled to enter any
Act No
premises on which an institution is situated 78/2000.
and-- LawToday:
www.dms.
10 dpc.vic.
(a) inspect those premises; and gov.au
(b) see any person who is a resident of
those premises or who is receiving any
service from the institution; and
(c) make enquiries relating to the
15 admission, care, detention, treatment or
control of any such person; and
(d) inspect any document relating to any
such person or any record required to
be kept under this Act, the Disability
20 Services Act 1991, the Health
Services Act 1988, the Intellectually
Disabled Persons' Services Act 1986,
or the Mental Health Act 1986.
(2) Sub-section (1)(d) does not authorise the
25 Public Advocate to inspect--
(a) a person's medical records unless that
person consents; or
(b) personnel records unless the person to
whom they relate consents.
30 (3) The person in charge and the members of
staff or management of the institution must
provide the Public Advocate with any
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 5
Act No.
reasonable assistance that the Public
Advocate requires to perform or exercise any
power, duty or function under this section
effectively.
5 (4) A person in charge or a member of the staff
or management of an institution must not--
(a) unreasonably refuse or neglect to give
assistance when required to do so under
sub-section (3); or
10 (b) refuse or fail to give full and true
answers to the best of that person's
knowledge to any questions asked by
the Public Advocate in the performance
or exercise of any power, duty or
15 function under this section; or
(c) assault, obstruct or threaten the Public
Advocate in the performance or
exercise of any power, duty or function
under this section.
20 Penalty: 25 penalty units.
(5) In this section "institution" means any of
the following--
(a) a residential service provider within the
meaning of the Disability Services Act
25 1991;
(b) a designated public hospital or
supported residential service within the
meaning of the Health Services Act
1988;
30 (c) a residential institution, residential
program, contracted service provider or
registered service within the meaning
of the Intellectually Disabled Persons'
Services Act 1986;
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 5
Act No.
(d) a mental health service within the
meaning of Division 5 of Part 6 of the
Mental Health Act 1986.'.
_______________
5
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 6
Act No.
PART 4--AMENDMENTS TO THE HEALTH SERVICES ACT
1988
See: 6. Removal of requirement to reside within region
Act No.
49/1988.
In section 124(3) of the Health Services Act
Reprint No. 6
5 1988--
as at
1 July 2000
(a) in paragraph (b), for "region; or" substitute
and
amending
"region.";
Act Nos
39/2000,
(b) omit paragraph (c).
73/2000 and
1/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
7. Amendment of secrecy provision
10 In section 126 of the Health Services Act 1988,
for sub-section (1) substitute--
"(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
15 indirectly--
(a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of--
20 any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person--
25 (d) to perform any official duties; or
8
541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 7
Act No.
(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.".
_______________
5
9
541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 8
Act No.
PART 5--AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986
See: 8. Insertion of new definition of "region"
Act No.
53/1986.
In section 3(1) of the Intellectually Disabled
Reprint No. 4
5 Persons' Services Act 1986, for the definition of
as at
8 October
"region" substitute--
1998
and
' "region" has the same meaning as in the Health
amending
Services Act 1988;'.
Act Nos
12/1999 and
19/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
9. Insertion of new section 62A
10 After section 62 of the Intellectually Disabled
Persons' Services Act 1986 insert--
"62A. Secrecy provision
(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
15 visitor must not, either directly or
indirectly--
(a) make a record of; or
(b) divulge or communicate to any person;
or
20 (c) make use of--
any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
25 the person--
(d) to perform any official duties; or
10
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Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 10
11
Act No.
(e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.
(2) Sub-section (1) does not prevent a person
5 from--
(a) producing a document to a court in the
course of criminal proceedings or in the
course of any proceedings under this
Act; or
10 (b) divulging or communicating to a court,
in the course of any proceedings
referred to in paragraph (a), any matter
or thing coming under the notice of the
person in the performance of official
15 duties or in the performance of a
function or in the exercise of a power
referred to in sub-section (1); or
(c) producing a document or divulging or
communicating information that is
20 required or permitted by any Act to be
produced, divulged or communicated,
as the case may be, if, where the
document or information relates to the
personal affairs of another person, that
25 other person has given consent in
writing.".
10. Removal of requirement to reside in region
In clause 1(2) of Schedule 3 to the Intellectually
Disabled Persons' Services Act 1986--
30 (a) in paragraph (b), for "Department; or"
substitute "Department.";
(b) omit paragraph (c).
11. Insertion of new Part 7
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
Act No.
After Part 6 of the Intellectually Disabled
Persons' Services Act 1986 insert--
'PART 7--TRANSITIONAL
79. Transitional provision--Community
5 Visitors Legislation (Miscellaneous
Amendments) Act 2001
The substitution of the definition of "region"
by section 8 of the Community Visitors
Legislation (Miscellaneous Amendments)
10 Act 2001 does not affect anything done
under this Act before the commencement of
that section for the purposes of a region.'.
_______________
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 12
Act No.
PART 6--AMENDMENTS TO THE MENTAL HEALTH ACT
1986
See:
12. Insertion of new definition of "region" Act No.
59/1986.
In section 107 of the Mental Health Act 1986, Reprint No. 6
5 for the definition of "region" substitute-- as at
1 June 2000
' "region" has the same meaning as in the Health and
amending
Services Act 1988;'. Act Nos
67/1998 and
39/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
13. Secrecy provision for community visitors
In section 117 of the Mental Health Act 1986,
10 for sub-section (1) substitute--
"(1) Unless sub-section (2) applies, a person who
is or has been, at any time, a community
visitor must not, either directly or
indirectly--
15 (a) make a record of; or
(b) divulge or communicate to any person;
or
(c) make use of--
any information, that is or was acquired by
20 the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for
the person--
(d) to perform any official duties; or
25 (e) to perform or exercise any function or
power under this Act.
Penalty: 50 penalty units.".
13
541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
s. 14
Act No.
14. Insertion of new section 117AA
After section 117 of the Mental Health Act 1986
insert--
'117AA. Transitional provision--Community
5 Visitors Legislation (Miscellaneous
Amendments) Act 2001
The substitution of the definition of "region"
by section 12 of the Community Visitors
Legislation (Miscellaneous Amendments)
10 Act 2001 does not affect anything done
under this Division before the
commencement of that section for the
purposes of a region.'.
15. Removal of requirement to reside within region
15 In clause 1(2) of Schedule 5 to the Mental Health
Act 1986--
(a) in paragraph (c), for "hospital; or" substitute
"hospital.";
(b) omit paragraph (d).
20
14
541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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541171B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
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