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PARLIAMENT OF VICTORIA
Disability Services and Other Acts (Amendment)
Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ADOPTION ACT 1984 3
3. Application to de facto relationships 3
4. Who may be adopted 4
5. New section 10A inserted 4
10A. Application for adoption order 4
6. Persons in whose favour adoption orders may be made 5
7. Orders in favour of relatives 6
8. Restrictions on age of adoptive parents abolished 7
9. New section 20A inserted 7
20A. Determinations by Director-General or approved agency 7
10. Review by Administrative Appeals Tribunal 8
11. New Division 4 inserted 8
Division 4--Transitional Provisions 8
131. Transitional for applications 8
12. Consequential amendments 8
13. Statute law revision 9
PART 3--CHILDREN'S SERVICES 10
14. Commencement of unproclaimed provisions 10
15. Statute law revision 10
PART 4--COMMUNITY SERVICES 11
16. Department 11
17. New section 6A inserted 11
6A. Delegations 11
PART 5--DISABILITY SERVICES 12
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Clause Page
18. Funding powers 12
19. Delegations 12
PART 6--INTELLECTUALLY DISABLED PERSONS' SERVICES 14
20. Definitions 14
21. Aversive therapy 14
22. Records of Residents' Trust Fund 14
23. Statute law revision 15
NOTES 16
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PARLIAMENT OF VICTORIA
A BILL
to amend the Adoption Act 1984, the Children's Services Act 1996,
the Community Services Act 1970, the Disability Services Act 1991
and the Intellectually Disabled Persons' Services Act 1986 and for
other purposes.
Disability Services and Other Acts
(Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Adoption Act 1984, the Children's Services Act
5 1996, the Community Services Act 1970, the
Disability Services Act 1991 and the
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Disability Services and Other Acts (Amendment) Act 1997
s. 2
Act No.
Intellectually Disabled Persons' Services Act
1986.
2. Commencement
(1) This Act, except for Part 2, comes into operation
5 on the day on which it receives the Royal Assent.
(2) Subject to sub-section (3), Part 2 of this Act
comes into operation on a day or days to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
10 not come into operation before 1 June 1998, it
comes into operation on that day.
_______________
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Disability Services and Other Acts (Amendment) Act 1997
s. 3
Act No.
PART 2--ADOPTION ACT 1984
3. Application to de facto relationships
No. 10150.
(1) In section 4(1) of the Adoption Act 1984--
Reprint No. 3
(a) insert-- as at 26 June
1997. Further
5 amended by
' "de facto relationship" means the
Nos 56/1989,
relationship of a man and a woman who 51/1991 and
43/1996.
are living together as husband and wife
on a genuine domestic basis, although
not married to each other;
10 "de facto spouse" means--
(a) in relation to a man who is living
with a woman in a de facto
relationship, the woman with
whom he is living in that de facto
15 relationship;
(b) in relation to a woman who is
living with a man in a de facto
relationship, the man with whom
she is living in that de facto
20 relationship;';
(b) in the definition of "Director-General" for
"Director-General of Community Services"
substitute "Secretary to the Department of
Human Services".
25 (2) After section 4(4) of the Adoption Act 1984
insert--
"(5) If a man or woman living in a de facto
relationship is also married, a reference in
this Act (except section 55) to a spouse of
30 such a man or woman (as the case requires)
does not include a reference to the spouse to
whom the man or woman is married.
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Disability Services and Other Acts (Amendment) Act 1997
s. 4
Act No.
(6) A reference in this Act to a spouse includes a
reference to a man or woman referred to in
section 11(1)(a) or (b).".
4. Who may be adopted
5 In section 10(1)(b) of the Adoption Act 1984--
(a) after spouse (where twice occurring) insert
"or de facto spouse";
(b) for "under a de facto adoption" substitute
"as if the applicant were the parent of that
10 child, or the applicant and deceased spouse
or deceased de facto spouse of the applicant
were the parents of that child".
5. New section 10A inserted
After section 10 of the Adoption Act 1984
15 insert--
"10A. Application for adoption order
An application for an adoption order under
sections 11 and 12 may be made--
(a) in the case of a man and a woman who
20 are married or living in a relationship
referred to in section 11(1), if the man
and woman have been married to each
other or living in that relationship with
each other for not less than 2 years;
25 (b) in the case of a person who is married
or living in a relationship referred to in
section 11(1) and who proposes
adopting a child of his or her spouse or
de facto spouse, or a child who is
30 related to his or her spouse or de facto
spouse, if that person and his or her
spouse or de facto spouse (as the case
requires) have been married to each
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Disability Services and Other Acts (Amendment) Act 1997
s. 6
Act No.
other or living in that relationship with
each other for not less than 2 years.".
6. Persons in whose favour adoption orders may be
made
5 (1) After section 11(1)(b) of the Adoption Act 1984
insert--
"or
(c) who are living in a de facto relationship and
have been so living for not less than 2 years;
10 or
(d) who have been living with each other in any
combination of the relationships referred to
in paragraphs (a) to (c) and have been so
living for not less than 2 years.".
15 (2) After section 11(1) of the Adoption Act 1984
insert--
"(1A) The Court must not make an adoption order
under sub-section (1) in relation to a man
and woman living in a de facto relationship
20 unless the Court is satisfied that neither the
man nor the woman is married to another
person at the time that the order is made.".
(3) In section 11 of the Adoption Act 1984--
(a) after sub-section (4)(b) insert--
25 "or
(c) if that person is living in a de facto
relationship and has been so living for
not less than 2 years, except with the
consent of that person's de facto
30 spouse.".
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s. 7
Act No.
(b) in sub-section (5)--
(i) after "The spouse" insert "or de facto
spouse";
(ii) after "that spouse" insert "or de facto
5 spouse";
(c) in sub-section (6)--
(i) after "the spouse" insert "or de facto
spouse";
(ii) after "that spouse" insert "or de facto
10 spouse";
(d) after sub-section (6)(c) insert--
"and
(d) in the case of an order in favour of a de
facto spouse, neither that spouse nor his
15 or her de facto spouse is married to
another person at the time that the order
is made.";
(e) in sub-section (7) after "the spouse" (where
twice occurring) insert "or de facto spouse".
20 7. Orders in favour of relatives
(1) In section 12 of the Adoption Act 1984, after
"whose spouse" insert "or de facto spouse".
(2) After section 12(c) of the Adoption Act 1984
insert--
25 "and
(d) in the case of an order in favour of two
persons who are living in a de facto
relationship with each other, one of whom is
a relative of the child, neither of those
30 persons is married to another person at the
time that the order is made; and
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Disability Services and Other Acts (Amendment) Act 1997
s. 8
Act No.
(e) in the case of an order in favour of a person
who is living in a de facto relationship and
whose de facto spouse is a relative of the
child, neither that person nor his or her de
5 facto spouse is married to another person at
the time that the order is made.".
8. Restrictions on age of adoptive parents abolished
Section 13 of the Adoption Act 1984 is repealed.
9. New section 20A inserted
10 After section 20 of the Adoption Act 1984
insert--
"20A. Determinations by Director-General or
approved agency
A person who may make arrangements or
15 enter into negotiations under section 20 for
or towards or with a view to making an
adoption must not make an assessment of the
suitability of a person to adopt a child--
(a) in the case of a man and a woman who
20 are married or living in a relationship
referred to in section 11(1), unless the
person who may make those
arrangements or enter into those
negotiations is satisfied that the man
25 and woman have been married to each
other or living in that relationship with
each other for not less than 2 years;
(b) in the case of one person, if that person
is married or living in a relationship
30 referred to in section 11(1) and
proposes adopting a child of his or her
spouse or de facto spouse, or a child
who is related to his or her spouse or
de facto spouse, unless the person who
35 may make those arrangements or enter
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Disability Services and Other Acts (Amendment) Act 1997
s. 10
Act No.
into those negotiations is satisfied that
the person seeking to adopt a child and
his or her spouse or de facto spouse (as
the case requires) have been married to
5 each other or living in that relationship
with each other for not less than
2 years.".
10. Review by Administrative Appeals Tribunal
After section 129A(2) of the Adoption Act 1984
10 insert--
"(3) Sub-section (1) does not apply to a refusal or
deferral by a person under section 20A to
assess a person's suitability to adopt a
child.".
15 11. New Division 4 inserted
After section 130 of the Adoption Act 1984
insert--
"Division 4--Transitional Provisions
131. Transitional for applications
20 Section 10A does not apply to a person or
persons who have applied for an adoption
order immediately before the
commencement of section 5 of the Disability
Services and Other Acts (Amendment)
25 Act 1997.".
12. Consequential amendments
In the Adoption Act 1984--
(a) in section 39(2), after "spouse" (where twice
occurring) insert "or de facto spouse";
30 (b) in section 46(3)(a), after "spouse" (where
twice occurring) insert "or de facto spouse";
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s. 13
Act No.
(c) for section 53(1)(a) substitute--
"(a) the adopted child shall be treated in law
as a child of the adoptive parent or
adoptive parents, and the adoptive
5 parent or adoptive parents shall be
treated in law as the parent or parents
of the child, as if the child had been
born--
(i) to the adoptive parent; or
10 (ii) to the adoptive parents in lawful
wedlock;";
(d) in section 55(1)(a), after "a spouse," insert
"a de facto spouse,";
(e) in section 92(1), after "spouse" (wherever
15 occurring) insert "or de facto spouse";
(f) in section 92(3), after "spouse" (wherever
occurring) insert "or de facto spouse";
(g) in section 122(2), after "spouse" (where
twice occurring) insert "or de facto spouse".
20 13. Statute law revision
In the Adoption Act 1984--
(a) in section 11(6)(a), omit "the Children
(Guardianship and Custody) Act 1984 or";
(b) in section 12(a) omit "the Children
25 (Guardianship and Custody) Act 1984 or";
(c) in section 43(1)(e) for "less that one year"
substitute " less than one year";
(d) in section 102(c) omit "and".
_______________
30
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Disability Services and Other Acts (Amendment) Act 1997
s. 14
Act No.
PART 3--CHILDREN'S SERVICES
14. Commencement of unproclaimed provisions
No. 53/1996. For section 2(3) of the Children's Services Act
1996 substitute--
5 "(3) If a provision referred to in sub-section (2)
does not come into operation before 1 July
1998, it comes into operation on that day."
15. Statute law revision
In section 45 of the Children's Services Act 1996
10 for "The Secretary" (where first occurring)
substitute "(1) The Secretary".
_______________
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Disability Services and Other Acts (Amendment) Act 1997
s. 16
Act No.
PART 4--COMMUNITY SERVICES
16. Department
No. 8089.
In section 3 of the Community Services Act
Reprint No. 1
1970, for the definition of "Department" as at 5 May
5 substitute-- 1997. Further
amended by
' "Department" means the Department of Human No. 53/1996.
Services established under the Public Sector
Management Act 1992'.
17. New section 6A inserted
10 After section 6 of the Community Services Act
1970 insert--
"6A. Delegations
The Minister may, by instrument, delegate to
any person or class of persons employed in
15 the Department or to any other officer or
employee of the public service any power or
function of the Minister under this Act or
under any other Act or provision of an Act
administered by the Minister, other than this
20 power of delegation.".
_______________
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Disability Services and Other Acts (Amendment) Act 1997
s. 18
Act No.
PART 5--DISABILITY SERVICES
18. Funding powers
No. 80/1991. (1) In section 4(1) of the Disability Services Act
1991, for " a provider of services, a researcher or a
5 person with a disability" substitute "providers of
services, researchers or persons with a disability".
(2) After section 4(3) of the Disability Services Act
1991 insert--
"(4) An approval of funding may apply in all or
10 any of the following ways--
(a) to any specified provider of services,
researcher or person with a disability or
any class of those organisations or
persons;
15 (b) in respect of the provision of any
specified services to persons with a
disability or any class of those services;
(c) in respect of the conduct of any
specified research and development
20 activities or any class of those
activities;
(d) for the payment for the provision of
specified services to a person with a
disability or a class of persons with a
25 disability in the circumstances or for
the period specified in the approval;".
19. Delegations
In section 6 of the Disability Services Act 1991
for "Director-General of Community Services or
30 the Chief General Manager of the Department of
Health" substitute "Department Head within the
meaning of the Public Sector Management Act
1992 of the Department of Human Services or any
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Disability Services and Other Acts (Amendment) Act 1997
s. 19
Act No.
other person or class of persons employed in the
Department or to any other officer or employee of
the public service".
_______________
5
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Disability Services and Other Acts (Amendment) Act 1997
s. 20
Act No.
PART 6--INTELLECTUALLY DISABLED PERSONS'
SERVICES
20. Definitions
No. 53/1986. In section 3 of the Intellectually Disabled
Reprint No. 3
5 Persons' Services Act 1986, in the definitions of
as at 5 June
"regional plan" and "State plan" omit "in
1997.
accordance with the regulations".
21. Aversive therapy
In section 44 of the Intellectually Disabled
10 Persons' Services Act 1986--
(a) in sub-section (1) omit the definition of
"aversive therapy";
(b) sub-sections (6) and (7) are repealed;
(c) in sub-section (8)(b), omit "; or";
15 (d) in sub-section (8), paragraph (c) is repealed;
(e) in sub-section (9)(a) and (e), omit "or
aversive therapy";
(f) in sub-section (9)(b) and (d), omit ",
aversive therapy".
20 22. Records of Residents' Trust Fund
(1) In section 49(1) of the Intellectually Disabled
Persons' Services Act 1986, for "maintain a
financial management information system"
substitute "ensure that a financial management
25 information system is maintained".
(2) After section 49(2) of the Intellectually Disabled
Persons' Services Act 1986 insert--
"(3) The Secretary may appoint agents or enter
into any contract or arrangement for the
30 provision of any services that the Secretary
considers necessary to maintain the financial
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Disability Services and Other Acts (Amendment) Act 1997
s. 23
Act No.
management information system referred to
in sub-section (1). ".
23. Statute law revision
In the Intellectually Disabled Persons' Services
5 Act 1986--
(a) in section 3, in the definitions of "registered
non-residential service", "registered
residential service" and "registered service"
for "municipality" (wherever occurring)
10 substitute " municipal council";
(b) in section 22(1) for "municipalities"
substitute "municipal councils";
(c) in sections 22(3) and 23 for "municipality"
(wherever occurring) substitute "municipal
15 council".
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Disability Services and Other Acts (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Disability Services and Other Acts (Amendment) Act 1997
Act No.
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