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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Disability Services (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE DISABILITY SERVICES ACT
1991 3
3. Principal Act 3
4. Division into Parts 3
5. Definitions 3
6. Insertion of new Part 3 4
PART 3--COMMUNITY VISITORS 4
7. Functions of community visitors with respect to
residential service providers 4
8. Visiting a residential service provider 4
9. Powers of inspection 5
10. Request to see a panel of community visitors 6
11. Record of visits 6
PART 3--AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986 8
7. Principal Act 8
8. Repeal of reference to aversive therapy 8
9. Functions of community visitor 8
10. Persons deemed to be community visitors 8
NOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly 22 March 2000
A BILL
to amend the Disability Services Act 1991 and the Intellectually
Disabled Persons' Services Act 1986 to make provision for
community visitors and for other purposes.
Disability Services (Amendment) Act
2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Disability Services Act 1991
5 to provide for community visitors and to
make other minor amendments to that Act;
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Disability Services (Amendment) Act 2000
s. 2
Act No.
(b) to amend the Intellectually Disabled
Persons' Services Act 1986 to make further
provision for community visitors and to
make other minor amendments to that Act.
5 2. Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2001, it
comes into operation on that day.
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Disability Services (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENTS TO THE DISABILITY SERVICES
ACT 1991
No. 80/1991.
3. Principal Act
Reprint No. 1
In this Part the Disability Services Act 1991 is as at 30 April
1998. Further
5 called the Principal Act. amended by
No. 46/1998.
4. Division into Parts
(1) Before section 1 of the Principal Act insert
"PART 1--PRELIMINARY".
(2) After section 3 of the Principal Act insert
10 "PART 2--FUNDING".
5. Definitions
In section 3 of the Principal Act insert the
following definitions--
' "community visitor" means a person appointed
15 or deemed to be a community visitor under
Division 5 of Part 5 of the Intellectually
Disabled Persons' Services Act 1986;
"region" has the same meaning as in the
Intellectually Disabled Persons' Services
20 Act 1986;
"residential service provider" means a person or
body who has received funding under
section 4 for the purpose of providing
residential services to persons with
25 disabilities;
"senior staff member" means a person appointed
by a residential service provider to carry out
the functions specified in this Act;'.
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Disability Services (Amendment) Act 2000
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6. Insertion of new Part 3
After section 6 of the Principal Act insert--
'PART 3--COMMUNITY VISITORS
7. Functions of community visitors with
5 respect to residential service providers
In respect of a residential service provider,
the functions of a community visitor are, if
the provider is within the region for which
the visitor is appointed, to visit the provider
10 and inquire into--
(a) the appropriateness and standard of
facilities for the accommodation,
physical well-being and welfare of
residents; and
15 (b) the adequacy of opportunities and
facilities for the recreation, occupation,
education and training of residents; and
(c) whether services are being provided in
accordance with the principles
20 specified in Schedule 2; and
(d) any complaint made to a community
visitor by a resident.
8. Visiting a residential service provider
(1) A community visitor or a panel of
25 community visitors may visit a residential
service provider with or without any
previous notice at such times and for such
periods as the community visitor or panel
thinks fit.
30 (2) The Minister may direct a community visitor
or a panel of community visitors to visit a
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residential service provider at such times as
the Minister directs.
9. Powers of inspection
(1) A community visitor is entitled, when
5 visiting a residential service provider, to--
(a) inspect any part of the premises; and
(b) see any resident; and
(c) make enquiries relating to the
admission and care of residents; and
10 (d) inspect any document relating to any
resident and any records required to be
kept by or under this Act.
(2) Where a community visitor wishes to
perform or exercise or is performing or
15 exercising any power, duty or function under
this Act, the senior staff member of the
residential service provider must provide the
community visitor with such reasonable
assistance as the community visitor requires
20 to perform or exercise that power, duty or
function effectively.
(3) Any member of the staff or management of a
residential service provider, who--
(a) unreasonably refuses or neglects to
25 render assistance when required to do
so under sub-section (2); or
(b) does not give full and true answers to
the best of that person's knowledge to
any questions asked by a community
30 visitor in the performance or exercise of
any power, duty or function under this
Act; or
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(c) assaults, obstructs, hinders, threatens,
intimidates or attempts to obstruct or
intimidate a community visitor visiting
a residential service provider--
5 is guilty of an offence against this Act and
liable to a penalty of not more than
25 penalty units.
10. Request to see a panel of community
visitors
10 (1) Any resident in a residential service
provider, or any person on behalf of the
resident, may request the senior staff
member to arrange for the resident to be seen
by a community visitor.
15 (2) The senior staff member must within 7 days
of receiving a request under sub-section (1)
advise one of the community visitors for the
region that a request has been made.
Penalty: 2 penalty units.
20 (3) After seeing a resident requesting to be seen,
the community visitor may submit a report to
the Secretary containing such
recommendations as he or she considers
appropriate.
25 11. Record of visits
(1) The senior staff member must keep a record
in the prescribed form of visits by
community visitors.
Penalty: 2 penalty units.
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Disability Services (Amendment) Act 2000
s. 6
Act No.
(2) In this section, "prescribed form" means a
form to the same effect as the form
prescribed for the purposes of section 59 of
the Intellectually Disabled Persons'
5 Services Act 1986.'.
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Disability Services (Amendment) Act 2000
s. 7
Act No.
PART 3--AMENDMENTS TO THE INTELLECTUALLY
DISABLED PERSONS' SERVICES ACT 1986
No. 53/1986. 7. Principal Act
Reprint No. 4
In this Part the Intellectually Disabled Persons'
as at
8 October
5 Services Act 1986 is called the Principal Act.
1998. Further
amended by
No. 12/1999.
8. Repeal of reference to aversive therapy
In section 51(f) of the Principal Act, for
", seclusion or aversive therapy" substitute "or
seclusion"
10 9. Functions of community visitor
(1) In section 54(d) of the Principal Act, for
", seclusion and aversive therapy" substitute "and
seclusion".
(2) At the end of section 54 of the Principal Act
15 insert--
"(2) In addition to the functions set out in sub-
section (1) the functions of a community
visitor include any functions conferred on
community visitors under any other Act.".
20 10. Persons deemed to be community visitors
In section 55(1) of the Principal Act, after "Act"
(where twice occurring) insert "or the Disability
Services Act 1991".
25
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Disability Services (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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