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PARLIAMENT OF VICTORIA
Health Services (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS RELATING TO NURSING HOMES
AND HOSTELS 3
4. Amendment of various definitions 3
5. Amendment of section 6 4
6. Amendment of references to nursing homes and hostels 4
7. Consequential amendments to Health Services (Conciliation
and Review) Act 1987 5
PART 3--OFFENCES RELATING TO SUPPORTED
RESIDENTIAL SERVICES 6
8. New offences inserted 6
108A. Privacy, dignity and security of residents 6
108B. Personal hygiene of residents 6
108C. Medication for residents 7
108D. Suitable nutrition for residents 7
108E. Mobility and sensory function of residents 7
108F. Notification of certain matters to next of kin etc. 8
108G. Procedures for resident complaints 9
108H. Duties in respect of resident's financial records 10
108I. Maintenance and cleanliness of supported residential
service 11
108J. Communications systems in supported residential
service 12
108K. Supply of water must be safe 12
108L. Minimum staff requirements 12
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Clause Page
9. Section 156A inserted 13
156A. Extension of time limit for proceedings for certain
offences 13
NOTES 14
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PARLIAMENT OF VICTORIA
A BILL
to amend the Health Services Act 1988 to replace certain references
to nursing homes and hostels, to provide for offences in relation to
supported residential services, to extend the period for the
commencement of proceedings in respect of certain offences and for
other purposes.
Health Services (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are to amend the
Health Services Act 1988--
5 (a) to replace certain references to nursing
homes and hostels; and
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Health Services (Amendment) Act 1997
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Act No.
(b) to provide for offences in relation to
supported residential services; and
(c) to extend the period for the commencement
of proceedings in respect of certain offences
5 to 3 years.
2. Commencement
(1) Part 1 of this Act comes into operation on the day
on which it receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
10 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 30 June 1999, it
comes into operation on that day.
15 3. Principal Act
Act No. In this Act the Health Services Act 1988 is called
49/1988.
the Principal Act.
Reprint No. 3
as at 22 May
1997. Further
amended by
Nos 63/1995
and 17/1997
and G.G.
19.6.1997,
pages 1416,
1417.
_______________
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Health Services (Amendment) Act 1997
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PART 2--AMENDMENTS RELATING TO NURSING HOMES
AND HOSTELS
4. Amendment of various definitions
In section 3 of the Principal Act--
5 (a) the definitions of "hostel" and "nursing
home" are repealed;
(b) in the definition of "private hospital", for
paragraph (c) substitute--
"(c) a residential care service;";
10 (c) in the definition of "registered funded
agency" for paragraph (e) substitute--
"(e) a State funded residential care
service;";
(d) after the definition of "representative"
15 insert--
' "residential care service" means premises
where accommodation and personal
care or nursing care or both personal
care and nursing care are provided to a
20 person in respect of whom a residential
care subsidy or a flexible care subsidy
is payable under an Act of the
Commonwealth;';
(e) for the definition of "state funded nursing
25 home" substitute--
' "State funded residential care service"
means premises in respect of which a
declaration under section 6 is in force;';
(f) in the definition of "supported residential
30 service" for "hostel" substitute "residential
care service or a State funded residential care
service".
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5. Amendment of section 6
(1) In section 6 of the Principal Act--
(a) for "nursing home" (where first occurring)
substitute "residential care service";
5 (b) for "nursing home benefits" substitute
"residential care subsidy".
(2) At the end of section 6 of the Principal Act
insert--
"(2) Any premises in respect of which a
10 declaration under this section was in force
immediately before the commencement of
section 5 of the Health Services
(Amendment) Act 1997 are deemed, on that
commencement, to be declared under this
15 section to be a State funded residential care
service.".
6. Amendment of references to nursing homes and
hostels
(1) In section 7(1) of the Principal Act for "nursing
20 home or hostel benefits" substitute "residential
care subsidies".
(2) In section 44 of the Principal Act, for "hostel or
nursing home" substitute "residential care
service".
25 (3) Section 66 of the Principal Act is repealed.
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7. Consequential amendments to Health Services
(Conciliation and Review) Act 1987
Act No.
In section 3(1) of the Health Services 25/1987.
(Conciliation and Review) Act 1987, in the Reprint No. 2
5 definition of "provider"-- as at 24
October 1996.
(a) in paragraph (f), omit "nursing home, Further
amended by
hostel,"; and Nos 76/1990,
56/1996,
(b) after paragraph (f) insert-- 59/1996,
75/1996 and
"(fa) a residential care service within the 63/1997.
10 meaning of the Health Services Act
1988; and"; and
(c) in paragraph (g), after "paragraph (f)" insert
"or (fa)".
_______________
15
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PART 3--OFFENCES RELATING TO SUPPORTED
RESIDENTIAL SERVICES
8. New offences inserted
After section 108 of the Principal Act insert--
5 '108A. Privacy, dignity and security of residents
(1) The proprietor of a supported residential
service must, in accordance with the
regulations, take reasonable steps to ensure
that residents are treated with dignity and
10 respect and with regard to their entitlement
to privacy.
Penalty: 100 penalty units.
(2) The proprietor of a supported residential
service must not accommodate a resident in
15 any room of the service other than a
bedroom.
Penalty: 25 penalty units.
108B. Personal hygiene of residents
(1) The proprietor of a supported residential
20 service must, in accordance with the
regulations, take reasonable steps to ensure
that the personal hygiene of all residents is
maintained at the best practicable level.
Penalty: 100 penalty units.
25 (2) The proprietor of a supported residential
service must ensure that all residents who
require services or assistance to maintain
personal hygiene are provided with an
adequate range of services and assistance for
30 that purpose.
Penalty: 100 penalty units.
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(3) In this section, "personal hygiene"
includes--
(a) clean and healthy hair, skin and nails;
and
5 (b) good oral and dental hygiene; and
(c) management of or control over
incontinence.
108C. Medication for residents
The proprietor of a supported residential
10 service must, in accordance with the
regulations, take reasonable steps to maintain
adequate standards of storage, distribution
and administration of residents' medication.
Penalty: 75 penalty units.
15 108D. Suitable nutrition for residents
The proprietor of a supported residential
service must ensure that food and beverages
of adequate nutritional value and variety are
supplied to residents in a form appropriate to
20 the individual health needs of residents and
in accordance with the regulations.
Penalty: 75 penalty units.
108E. Mobility and sensory function of residents
(1) The proprietor of a supported residential
25 service must take reasonable steps to provide
any assistance which is required to facilitate
mobility and sensory function of residents.
Penalty: 20 penalty units.
(2) The proprietor of a supported residential
30 service must take reasonable steps to ensure
that any equipment used to facilitate mobility
and sensory function of residents is
maintained in good working order.
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Penalty: 20 penalty units.
108F. Notification of certain matters to next of
kin etc.
(1) The proprietor of a supported residential
5 service must ensure that the next of kin of a
resident and a resident's guardian (if any) is
informed as soon as practicable of--
(a) any significant sign of deterioration in
the health status of the resident; or
10 (b) any injury to the resident; or
(c) any incident involving the resident; or
(d) any intention to discharge the resident
or terminate his or her residency; or
(e) any proposal to relocate the resident to
15 another bedroom within the service.
Penalty: 15 penalty units.
(2) The proprietor of a supported residential
service must ensure that a resident's
administrator is informed as soon as
20 practicable of any intention to discharge the
resident or terminate his or her residency.
Penalty: 15 penalty units.
(3) The proprietor of a supported residential
service must ensure that a resident's medical
25 practitioner is informed as soon as
practicable of any significant sign of
deterioration in the health status of the
resident.
Penalty: 15 penalty units.
30 (4) The proprietor of a supported residential
service must ensure that a resident's
administrator (if any) or next of kin of a
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resident are informed as soon as practicable
of the death of the resident.
Penalty: 15 penalty units.
(5) In this section--
5 "incident" means any risk taking behaviour
by a resident which threatens the safety
of the resident or other residents or
staff;
"resident's administrator" means the
10 resident's attorney appointed under an
enduring power of attorney to
administer the resident's property or a
person appointed by a court or board as
the administrator of the resident's
15 property;
"resident's guardian" means the resident's
guardian appointed under the
Guardianship and Administration
Board Act 1986 or appointed by a
20 court.
108G. Procedures for resident complaints
(1) The proprietor of a supported residential
service must institute and operate a system,
in accordance with the regulations, to receive
25 and deal with complaints from residents or
complaints made on behalf of residents.
Penalty: 25 penalty units.
(2) The proprietor of a supported residential
service must take all reasonable steps to
30 ensure that a resident is not adversely
affected because a complaint has been made
by the resident or on behalf of the resident.
Penalty: 25 penalty units.
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108H. Duties in respect of resident's financial
records
(1) If the proprietor of a supported residential
service manages or controls the money or
5 other assets of a resident, the proprietor
must--
(a) keep a record of the authority for that
management or control; and
(b) maintain an accurate and up to date
10 record of--
(i) any money or other assets of the
resident which the proprietor
manages or controls; and
(ii) any expenditure by the proprietor
15 of any money on behalf of the
resident; and
(iii) any disposal of money or other
assets on behalf of the resident;
and
20 (c) ensure that the records kept under
paragraph (b) individually itemise each
asset held and each transaction made on
behalf of the resident.
Penalty: 20 penalty units.
25 (2) The proprietor of a supported residential
service who manages or controls the money
or other assets of a resident must provide the
resident with a statement at least once every
6 months setting out--
30 (a) any income received and expenditure
incurred on behalf of a resident since
the previous statement; and
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(b) the current status of any assets held or
liabilities incurred on behalf of the
resident.
Penalty: 20 penalty units.
5 (3) The proprietor of a supported residential
service must ensure that--
(a) all expenses and fees charged to a
resident are individually itemised and
explained to the resident or if a
10 resident's administrator is appointed,
that administrator; and
(b) a receipt is issued for all assets held and
all moneys received by the proprietor
on behalf of a resident.
15 Penalty: 20 penalty units.
(4) The proprietor of a supported residential
service must permit a resident or, if a
resident's administrator is appointed, that
administrator to have access to the resident's
20 financial records held by the proprietor.
Penalty: 20 penalty units.
(5) In this section "resident's administrator"
has the same meaning as it has in section
108F.
25 108I. Maintenance and cleanliness of supported
residential service
(1) The proprietor of a supported residential
service must keep the premises, facilities,
furniture, fittings and equipment of the
30 service--
(a) in a proper state of repair; and
(b) in good working order; and
(c) in a clean and sanitary condition; and
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(d) in accordance with the regulations.
Penalty: 50 penalty units.
(2) The proprietor of a supported residential
service must ensure that cleaning materials,
5 disinfectants, flammable, poisonous and
other deleterious substances are securely
stored and clearly labelled.
Penalty: 25 penalty units.
108J. Communications systems in supported
10 residential service
The proprietor of a supported residential
service must ensure that an electronic
communications system to enable residents
and staff to summon assistance is provided
15 in the service in accordance with the
regulations.
Penalty: 50 penalty units.
108K. Supply of water must be safe
The proprietor of a supported residential
20 service must ensure that an adequate and
safe supply of hot and cold water is provided
in the service in accordance with the
regulations.
Penalty: 75 penalty units.
25 108L. Minimum staff requirements
(1) The proprietor of a supported residential
service must ensure that adequate and
appropriately trained staff are employed in
the service in accordance with the
30 regulations.
Penalty: 25 penalty units.
(2) The proprietor of a supported residential
service must not appoint or continue to
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employ a person as a member of staff who is
engaged in the special or personal care needs
of residents if that person--
(a) has not attained the age of 16 years; or
5 (b) is not physically or intellectually
capable of adequately performing the
work required of him or her.
Penalty: 25 penalty units.'.
9. Section 156A inserted
10 After section 156 of the Principal Act insert--
"156A. Extension of time limit for proceedings for
certain offences
Despite anything to the contrary in any Act,
proceedings against sections 107, 108A to
15 108L and 115 of this Act may be
commenced within 3 years after the
commission of the alleged offence.".
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Health Services (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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