HUMAN SERVICES (COMPLEX NEEDS) BILL 2003

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HUMAN SERVICES (COMPLEX NEEDS) BILL 2003

PARLIAMENT OF VICTORIA Human Services (Complex Needs) Act 2003 Victorian Legislation and Parliamentary Documents Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Guiding principles 4 PART 2--THE MULTIPLE AND COMPLEX NEEDS PANEL 6 5. Establishment of Panel 6 6. Constitution of the Panel 6 7. Functions of the Panel 7 8. Terms and conditions of office of members 7 9. Vacancies, resignations and removal from office 8 10. Validity of decisions 9 11. Procedure at meetings of the Panel 9 12. Engagement of expert advisers 10 13. Reports 10 PART 3--REFERRALS TO MULTIPLE AND COMPLEX NEEDS PANEL 11 14. Secretary may refer eligible persons to Panel 11 15. Who is an eligible person? 11 16. Notice to be given to persons referred to Panel 12 PART 4--ASSESSMENTS AND CARE PLANS 14 Division 1--Assessments 14 17. Contract for provision of assessment services 14 18. Panel may nominate person for assessment 14 19. What does an assessment involve? 15 20. Information obtained by the multi-disciplinary assessment agency 15 i 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Clause Page Division 2--Care Plans 16 21. Recommendations and development of care plan 16 Victorian Legislation and Parliamentary Documents 22. Copy of care plan and notice to be given to persons 18 23. Care plan co-ordinator 18 24. Variation and termination of care plan 19 Division 3--Disclosure of Personal and Health Information 20 25. Service providers may share personal and health information 20 PART 5--GENERAL 22 26. Refusal by person, parents or guardians to participate 22 27. Form of notifications 23 28. Notices also to be given to parents and guardians 23 29. Support for eligible person 23 30. No derogation from orders made under other Acts 23 31. Confidentiality provision 24 32. Relationship of this Act to certain other laws 26 33. Expiry of Act 26 ENDNOTES 27 INDEX 28 ii 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

PARLIAMENT OF VICTORIA Initiated in Assembly 26 August 2003 Victorian Legislation and Parliamentary Documents A BILL to facilitate the delivery of welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services to certain persons with multiple and complex needs, to establish the Multiple and Complex Needs Panel and for other purposes. Human Services (Complex Needs) Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to facilitate the delivery of welfare services, 5 health services, mental health services, 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003 1

Human Services (Complex Needs) Act 2003 Act No. Part 1--Preliminary s. 2 disability services, drug and alcohol treatment services and housing and support services to certain persons with multiple and Victorian Legislation and Parliamentary Documents complex needs by providing for the 5 assessment of such persons and the development and implementation of appropriate care plans; (b) to establish the Multiple and Complex Needs Panel. 10 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 30 June 2004, it comes into 15 operation on that day. 3. Definitions (1) In this Act-- "alternate Chairperson" means a person referred to in section 6(3); 20 "appointed member" means a member of the Panel referred to in sections 6(1)(a) and 6(1)(b); "care plan" means a care plan determined under section 21; 25 "care plan co-ordinator" means a person appointed under section 23; "Department" means Department of Human Services; "eligible person" means a person referred to in 30 section 15; "health information" has the same meaning as in the Health Records Act 2001; 2 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 1--Preliminary s. 3 "Intellectual Disability Review Panel" means the Intellectual Disability Review Panel established by the Intellectually Disabled Victorian Legislation and Parliamentary Documents Persons' Services Act 1986; 5 "member" means member of the Panel; "Mental Health Review Board" means the Mental Health Review Board established by the Mental Health Act 1986; "multi-disciplinary assessment agency" means 10 a person or organisation with whom the Secretary has entered into a contract under section 17; "nominated person" means a person who has been nominated for assessment under 15 section 18; "offender services" means services provided by-- (a) providers of correctional services within the meaning of the Corrections 20 Act 1986; or (b) the police force in relation to persons suspected of, or charged with, criminal offences; or (c) courts and tribunals in relation to 25 persons charged with, or found guilty or convicted of, criminal offences; "Panel" means the Multiple and Complex Needs Panel established by this Act; "personal information" has the same meaning as 30 in the Information Privacy Act 2000; "Public Advocate" has the same meaning as in the Guardianship and Administration Act 1986; 3 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 1--Preliminary s. 4 "referred person" means a person who has been referred to the Panel under section 14; Victorian Legislation and Parliamentary Documents "Secretary" means the person who is for the time being the Department Head (within the 5 meaning of the Public Sector Management and Employment Act 1998) of the Department. (2) If under the Public Sector Management and Employment Act 1998 the name of the 10 Department of Human Services is changed, the reference in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. 15 4. Guiding principles It is the intention of Parliament that the following principles be given effect to with respect to the assessment under this Act of persons with multiple and complex needs and the development 20 and implementation of care plans that relate to such persons-- (a) the well-being, health, safety and stable housing of the person are of paramount consideration in developing a care plan for 25 the person under this Act; (b) the development of a care plan is to be based on a comprehensive and multi-disciplinary assessment of the person's needs; (c) the provision of welfare services, health 30 services, mental health services, disability services, drug and alcohol treatment services and housing and support services to the person is best achieved when those services are co-ordinated and when service providers 35 may share relevant personal information or health information about the person; 4 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 1--Preliminary s. 4 (d) welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and Victorian Legislation and Parliamentary Documents support services provided in accordance with 5 a care plan are to be delivered by the relevant service providers in a co-ordinated manner and for the period determined by the Panel. __________________ 5 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 2--The Multiple and Complex Needs Panel s. 5 PART 2--THE MULTIPLE AND COMPLEX NEEDS PANEL Victorian Legislation and Parliamentary Documents 5. Establishment of Panel There is established by this Act a Multiple and Complex Needs Panel. 5 6. Constitution of the Panel (1) The Panel consists of 7 members of whom-- (a) one is the Chairperson of the Panel; (b) 5 are persons appointed by the Minister; (c) one is the Secretary to the Department or the 10 person nominated from time to time by the Secretary. (2) The Chairperson is to be appointed by the Governor in Council on the recommendation of the Minister. 15 (3) The Minister may include with the recommendation of a Chairperson the name of a person to be appointed by the Governor in Council as an alternate Chairperson to act during the absence or illness of the Chairperson. 20 (4) If the Chairperson is absent or ill and there is no current appointment of an alternate Chairperson under sub-section (3), a member referred to in sub-section (1)(b) nominated in writing by the Chairperson shall act as Chairperson during his or 25 her absence or illness. (5) The persons referred to in sub-sections (1)(a), (1)(b) and (3) must be persons who, in the opinion of the Minister, have significant knowledge of, or significant experience in providing, welfare 30 services, health services, mental health services, disability services, drug and alcohol treatment services, offender services or housing and support services. 6 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 2--The Multiple and Complex Needs Panel s. 7 (6) An alternate Chairperson or acting Chairperson nominated under sub-section (4) has all the powers and may perform all the duties of the Victorian Legislation and Parliamentary Documents Chairperson. 5 7. Functions of the Panel (1) The functions of the Panel are-- (a) to determine whether a person is an eligible person; (b) to consider recommendations and draft care 10 plans made or provided to it by the multi- disciplinary assessment agency and determine care plans; (c) to appoint care plan co-ordinators and monitor the implementation of care plans 15 and the progress of persons to whom they relate; (d) to vary or terminate care plans; (e) to expend any money granted to it by the Secretary for, or in connection with, the 20 performance of its functions; (f) any other functions given to it under this Act. (2) The Panel may inform itself in any way it thinks fit for the purpose of exercising its functions. 8. Terms and conditions of office of members 25 (1) Appointed members and an alternate Chairperson hold office for the term specified in their instruments of appointment, not exceeding 3 years. (2) Appointed members and an alternate Chairperson 30 are eligible for re-appointment. 7 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 2--The Multiple and Complex Needs Panel s. 9 (3) The instrument of appointment of an appointed member or an alternate Chairperson may specify terms and conditions of appointment not Victorian Legislation and Parliamentary Documents inconsistent with this Act. 5 (4) Appointed members and an alternate Chairperson are not subject to the Public Sector Management and Employment Act 1998 in respect of the office of member. (5) An appointed member or an alternate Chairperson 10 is entitled to receive the fees, travelling expenses and other expenses (if any) that are specified in his or her instrument of appointment or as are fixed in relation to him or her from time to time by the Governor in Council. 15 9. Vacancies, resignations and removal from office (1) The office of an appointed member or an alternate Chairperson becomes vacant-- (a) if he or she resigns from office under sub- section (2) or (3); or 20 (b) if he or she is removed from office under sub-section (4); or (c) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence. 25 (2) The Chairperson and an alternate Chairperson may resign by writing delivered to the Governor in Council. (3) An appointed member referred to in section 6(1)(b) may resign by writing delivered to the 30 Minister. 8 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 2--The Multiple and Complex Needs Panel s. 10 (4) The Governor in Council may remove an appointed member or an alternate Chairperson from office if of the opinion that he or she-- Victorian Legislation and Parliamentary Documents (a) is guilty of improper conduct in carrying out 5 the duties of his or her office; or (b) is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or (c) has failed to comply with any term or 10 condition of appointment. 10. Validity of decisions An act or decision of the Panel is not invalid merely because of-- (a) a defect or irregularity in, or in connection 15 with, the appointment of an appointed member or an alternate Chairperson; or (b) a vacancy in the membership of the Panel, including a vacancy arising from the failure to appoint an original member. 20 11. Procedure at meetings of the Panel (1) Meetings of the Panel must be held at such times and places as the Chairperson determines. (2) The Chairperson must preside at a meeting of the Panel. 25 (3) The quorum for a meeting of the Panel is the Chairperson and 3 other members, one of whom must be the Secretary or his or her nominee. (4) The Chairperson must ensure that no more members than are necessary to constitute a 30 quorum are present at a meeting of the Panel. (5) A question arising at a meeting of the Panel must be determined by a majority of votes of members present and voting on that question. 9 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 2--The Multiple and Complex Needs Panel s. 12 (6) The Chairperson has a deliberative vote and, in the event of an equality of votes on any question, a casting vote. Victorian Legislation and Parliamentary Documents (7) The Secretary or his or her nominee is not entitled 5 to vote on any question arising at a meeting of the Panel. (8) The Panel must ensure that minutes are kept of each of its meetings. (9) Subject to this Act, the Panel may regulate its own 10 proceedings. 12. Engagement of expert advisers (1) The Chairperson may engage, on behalf of the Panel, persons with suitable qualifications and experience as expert advisers to the Panel either in 15 an honorary capacity or for remuneration. (2) The remuneration of expert advisers shall be determined by the Panel having regard to its budget. 13. Reports 20 The Panel may report to the Minister on any matter arising out of the implementation of this Act. __________________ 10 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 3--Referrals to Multiple and Complex Needs Panel s. 14 PART 3--REFERRALS TO MULTIPLE AND COMPLEX NEEDS PANEL Victorian Legislation and Parliamentary Documents 14. Secretary may refer eligible persons to Panel (1) Subject to sub-section (2), the Secretary may refer 5 a person to the Panel if the Secretary believes that the person is an eligible person. Note: Section 18 sets out the options available to the Panel on a person being referred to it. (2) The Secretary must not refer an eligible person to 10 the Panel if the person has refused to be referred to the Panel. 15. Who is an eligible person? An eligible person is a person who-- (a) has attained 16 years of age; and 15 (b) appears to satisfy 2 or more of the following criteria-- (i) has a mental disorder within the meaning of the Mental Health Act 1986; 20 (ii) has an acquired brain injury; (iii) has an intellectual impairment; (iv) is an alcoholic or drug-dependent person within the meaning of the Alcoholics and Drug-dependent 25 Persons Act 1968; and (c) has exhibited violent or dangerous behaviour that caused serious harm to himself or herself or some other person or is exhibiting behaviour which is reasonably likely to place 30 himself or herself or some other person at risk of serious harm; and 11 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 3--Referrals to Multiple and Complex Needs Panel s. 16 (d) is in need of intensive supervision and support and would derive benefit from receiving co-ordinated services in Victorian Legislation and Parliamentary Documents accordance with a care plan under this Act 5 that may include welfare services, health services, mental health services, disability services, drug and alcohol treatment services or housing and support services. 16. Notice to be given to persons referred to Panel 10 If the Secretary determines to refer a person to the Panel, the Secretary must notify the person in writing before referring the person-- (a) that the Secretary has determined to refer the person to the Panel; and 15 (b) that the Secretary will refer the person to the Panel unless the person refuses to be referred to the Panel; and (c) that the Panel may seek to obtain from any person or organisation personal information 20 or health information about the referred person for the purpose of confirming that the person is an eligible person; and (d) that the multi-disciplinary assessment agency may seek to obtain from any person or 25 organisation personal information or health information about the referred person for the purpose of assessing the person and developing a care plan that relates to the person; and 30 (e) that a service provider identified in a care plan that relates to the referred person may disclose personal information or health information about the person to another service provider identified in the care plan if 35 the first-mentioned service provider is satisfied that the disclosure-- 12 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 3--Referrals to Multiple and Complex Needs Panel s. 16 (i) is in the best interests of the person; and (ii) would assist the second-mentioned Victorian Legislation and Parliamentary Documents service provider in giving effect to the care plan; and 5 (f) that the Panel may disclose personal information or health information about the referred person to a service provider identified in a care plan that relates to the person if the Panel is satisfied that the 10 disclosure-- (i) is in the best interests of the person; and (ii) would assist the service provider in giving effect to the care plan; and (g) of how to contact the Secretary and the 15 Panel; and (h) that the person may at any time-- (i) refuse to be referred to the Panel; or (ii) refuse to be assessed under section 19; or 20 (iii) refuse to be the subject of a care plan; and (i) that the person may at any time request the Panel to vary or terminate a care plan that relates to the person. __________________ 13 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 17 PART 4--ASSESSMENTS AND CARE PLANS Victorian Legislation and Parliamentary Documents Division 1--Assessments 17. Contract for provision of assessment services The Secretary may enter into a contract with a 5 person or organisation to carry out assessments, or to arrange for assessments to be carried out, under this Act on behalf of the Panel. 18. Panel may nominate person for assessment (1) The Panel may, at its discretion, nominate a 10 referred person for assessment by the multi- disciplinary assessment agency if the Panel believes that the person is an eligible person. (2) The Panel may seek to obtain from any person or organisation personal information or health 15 information about a referred person for the purpose of forming a belief as to whether the person is an eligible person. (3) If the Panel is of the belief that a referred person is not an eligible person, the Panel must so notify in 20 writing the Secretary and the person. (4) The following are authorised to disclose personal information or health information about a referred person to the Panel in accordance with a request under sub-section (2)-- 25 (a) the Secretary; (b) the Public Advocate; (c) the Mental Health Review Board; (d) the Intellectual Disability Review Panel; (e) any person or organisation that provides or 30 has provided welfare services, health services, mental health services, disability 14 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 19 services, drug and alcohol treatment services, offender services, emergency services or housing and support services to the referred Victorian Legislation and Parliamentary Documents person. 5 19. What does an assessment involve? In assessing a nominated person, the multi- disciplinary assessment agency must ensure that-- (a) the nominated person is consulted in person and, if the agency believes it appropriate and 10 the nominated person agrees, the person's family is consulted; and (b) the nominated person's carers are consulted; and (c) the persons and organisations who are 15 currently providing welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services or housing and support services to the nominated person are 20 consulted; and (d) a multi-disciplinary analysis of the nominated person's needs is carried out; and (e) relevant personal information or health information in relation to the nominated 25 person is obtained and considered. 20. Information obtained by the multi-disciplinary assessment agency (1) A multi-disciplinary assessment agency may seek to obtain personal information or health 30 information about a nominated person from any person or organisation for the purposes of assessing the nominated person. (2) The following are authorised to disclose personal information or health information about a 35 nominated person to the multi-disciplinary 15 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 21 assessment agency in accordance with a request under sub-section (1)-- Victorian Legislation and Parliamentary Documents (a) the Public Advocate; (b) the Mental Health Review Board; 5 (c) the Intellectual Disability Review Panel; (d) any person or organisation that provides or has provided welfare services, health services, mental health services, disability services, drug and alcohol treatment services, 10 offender services, emergency services or housing and support services to the nominated person. (3) The multi-disciplinary assessment agency is authorised to disclose personal information or 15 health information about the nominated person-- (a) to a person or organisation referred to in sub- section (2)(d) in connection with the performance of the agency's functions under this Act; and 20 (b) to the Panel to enable it to consider recommendations made to it by the agency; and (c) to the care plan co-ordinator to enable him or her to carry out his or her functions. 25 Division 2--Care Plans 21. Recommendations and development of care plan (1) Within 90 days after a person is nominated for assessment, the multi-disciplinary assessment agency must-- 30 (a) make every effort to ensure that the person is assessed; and 16 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 21 (b) make a recommendation to the Panel as to whether a care plan that relates to the person should be implemented; and Victorian Legislation and Parliamentary Documents (c) if a care plan is recommended, provide to the 5 Panel a draft care plan and recommend the duration of the care plan. (2) A draft care plan must-- (a) specify the care, treatment, support and housing recommended for the person taking 10 into account his or her best interests; and (b) specify a duration for the plan of not more than 12 months, subject to section 24. (3) The Panel may accept or reject a recommendation made by the multi-disciplinary assessment 15 agency. (4) If a recommendation for a care plan is accepted, the Panel may adopt the draft care plan with or without modification. (5) The Panel must not determine a care plan that 20 relates to a person unless the person has been assessed under section 19. (6) The Panel may seek personal information or health information about a nominated person from any person or organisation for the purpose of 25 forming an opinion on whether to accept or reject a recommendation under sub-section (3). (7) The Secretary and any person or organisation that provides or has provided welfare services, health services, mental health services, disability 30 services, drug and alcohol treatment services, offender services, emergency services or housing and support services to the referred person is authorised to disclose personal information or health information about the person to the Panel in 35 accordance with a request under sub-section (6). 17 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 22 22. Copy of care plan and notice to be given to persons Within 14 days after determining a care plan that Victorian Legislation and Parliamentary Documents relates to a person, the Panel must-- (a) give a copy of the care plan to the person; 5 and (b) give a copy of the whole or any part of the care plan to a service provider identified in the care plan if the Panel is satisfied that this-- 10 (i) is in the best interests of the person; and (ii) would assist the service provider in giving effect to the care plan; and (c) notify the person in writing-- (i) that the Panel has determined a care 15 plan that relates to the person; and (ii) that the service providers identified in the care plan may share and use personal information or health information about the person if this-- 20 (A) is in the best interests of the person; and (B) would assist service providers in giving effect to the care plan; and (iii) of how to contact the Panel; and 25 (iv) that the person may at any time refuse to be the subject of the care plan. 23. Care plan co-ordinator (1) If the Panel determines a care plan that relates to a person, the Panel must appoint a care plan co- 30 ordinator. 18 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 24 (2) A care plan co-ordinator must-- (a) monitor the implementation of the care plan Victorian Legislation and Parliamentary Documents and the progress of the person to whom it relates; and 5 (b) co-ordinate the services provided to the person to whom the care plan relates in accordance with the care plan; and (c) provide a report to the Panel every 6 months, or as often as the Panel requests, on the 10 progress of the person to whom the care plan relates. (3) The Panel may seek to obtain personal information or health information about a person to whom a care plan relates from the care plan co- 15 ordinator and any person or organisation providing services to the person in accordance with the care plan for the purposes of-- (a) considering any report given to the Panel under sub-section (2)(c); 20 (b) monitoring the implementation of the care plan. 24. Variation and termination of care plan (1) The Panel may vary or terminate a care plan if so requested by-- 25 (a) subject to sub-section (2) or (3), the person to whom the care plan relates; or (b) the care plan co-ordinator; or (c) the Secretary; or (d) a service provider identified in the care plan. 30 (2) In the case of a person under 18 years of age who has a parent or guardian, a request for variation or termination may be made by the parent or guardian. 19 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 25 (3) In the case of a person who has attained 18 years of age and in respect of whom a guardian has been appointed under the Guardianship and Victorian Legislation and Parliamentary Documents Administration Act 1986, a request for variation 5 or termination may be made by the person's guardian. (4) Despite anything in any other Act, the duration of a care plan may only be extended once in accordance with sub-section (1) by a period of not 10 more than 12 months. (5) The Panel must vary or terminate a care plan if it believes it is appropriate to do so. (6) If a care plan is varied or terminated, the Panel must so notify in writing-- 15 (a) the person to whom the care plan relates; and (b) any service provider under the care plan. Division 3--Disclosure of Personal and Health Information 25. Service providers may share personal and health information 20 (1) A service provider identified in a care plan is authorised to disclose personal information or health information about the person to whom the plan relates to another service provider identified in the care plan if the first-mentioned service 25 provider is satisfied that the disclosure of the information-- (a) is in the best interests of the person to whom the information relates; and (b) would assist the second-mentioned service 30 provider in giving effect to the care plan. 20 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 4--Assessments and Care Plans s. 25 (2) A service provider identified in a care plan is authorised to use personal information or health information about the person to whom the care Victorian Legislation and Parliamentary Documents plan relates that is obtained from another service 5 provider identified in the care plan if the use of the information-- (a) is in the best interests of the person to whom the information relates; and (b) would assist the first-mentioned service 10 provider in giving effect to the care plan. __________________ 21 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 5--General s. 26 PART 5--GENERAL Victorian Legislation and Parliamentary Documents 26. Refusal by person, parents or guardians to participate (1) Subject to sub-section (6) or (7), a person may at 5 any time in writing or orally-- (a) refuse to be referred to the Panel; or (b) refuse to be assessed under section 19; or (c) refuse to be the subject of a care plan. (2) A refusal to be referred to the Panel must be made 10 to the Secretary. (3) A refusal to be assessed under section 19 must be made to a member of the Panel or to the multi- disciplinary assessment agency. (4) A refusal to be the subject of a care plan must be 15 made to-- (a) a member of the Panel; or (b) the relevant care plan co-ordinator. (5) The person or organisation to whom a purported refusal is made must determine whether, in their 20 professional judgment, it constitutes a refusal for the purposes of this Act. (6) In the case of a person under 18 years of age who has a parent or guardian, a refusal may only be made by the parent or guardian. 25 (7) In the case of a person who has attained 18 years of age and in respect of whom a guardian has been appointed under the Guardianship and Administration Act 1986, a refusal may only be made by the guardian. 22 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 5--General s. 27 27. Form of notifications In notifying a person under section 16, 22(c) or Victorian Legislation and Parliamentary Documents 24(6)(a), the Secretary or the Panel (as the case requires) must endeavour to ensure that-- 5 (a) the written notification is to the greatest extent possible in a form that will make it comprehensible to the person; and (b) an explanation of its content is given orally to the person on behalf of the Secretary or 10 the Panel. 28. Notices also to be given to parents and guardians A care plan or any notice required to be given to a person under section 16, 18, 22 or 24 must also be given-- 15 (a) in the case of a person under 18 years of age who has a parent or guardian, to the parent or guardian; and (b) in the case of a person who has attained 18 years of age and in respect of whom a 20 guardian has been appointed under the Guardianship and Administration Act 1986, to the guardian. 29. Support for eligible person Nothing in this Act prevents an eligible person, a 25 referred person, a nominated person or a person to whom a care plan relates from receiving support and advice from, or being accompanied to a meeting by, a friend, relative or other person in connection with any matter arising under this Act. 30 30. No derogation from orders made under other Acts The exercise of any function by the Panel has no effect on any order made under any other Act. 23 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 5--General s. 31 31. Confidentiality provision (1) In this section-- Victorian Legislation and Parliamentary Documents "relevant person" means-- (a) a person who is or has been a member 5 of the Panel; or (b) a person who is or has been engaged or employed on behalf of the Panel; or (c) a person who is or has been involved in the management of, engaged or 10 employed at or worked for or at-- (i) a multi-disciplinary assessment agency; or (ii) a service provider identified in a care plan; or 15 (d) a person who is or has been, or a person who is or has been involved in the management of, engaged or employed at or worked for or at, a person or organisation referred to in section 20 20(2)(d); "senior available next of kin" has the same meaning as in the Human Tissue Act 1982. (2) A relevant person must not, except to the extent necessary-- 25 (a) to carry out functions under this Act or any other Act or regulations made under any other Act; or (b) to disclose any information that he or she is expressly authorised, permitted or required 30 to disclose under this or any other Act or regulations made under any other Act-- disclose to any other person, whether directly or indirectly, any personal information or health 24 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 5--General s. 31 information acquired by reason of being a relevant person if a person who is or has been an eligible person, a referred person, a nominated person, a Victorian Legislation and Parliamentary Documents person to whom a care plan relates or a member of 5 any such person's family will or may be identified from that information. Penalty: 60 penalty units. (3) Sub-section (2) does not apply to the disclosure of personal information or health information-- 10 (a) with the prior consent in writing of the person to whom the information relates; or (b) to a court or tribunal in the course of legal proceedings; or (c) pursuant to an order of a court or tribunal 15 made under another Act or law; or (d) with the consent of the Minister and in accordance with the conditions specified by the Minister, if the Minister is of the opinion that it is in the public interest that the 20 information be so disclosed; or (e) to the extent reasonably required to enable the enforcement or investigation of the criminal law; or (f) in accordance with HPP 2 of the Health 25 Privacy Principles in the Health Records Act 2001 by a person (other than an independent contractor) who is a relevant person to another person (other than an independent contractor) who is a relevant 30 person. 25 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Part 5--General s. 32 (4) A reference to any other Act or to a regulation made under any other Act in sub-section (2) does not include a reference to-- Victorian Legislation and Parliamentary Documents (a) a provision which requires or permits the 5 disclosure of personal information or health information with the consent of the person to whom the information relates or the consent of the senior available next of kin of that person, if he or she has died, or of the 10 consent of a parent or guardian of such a person; or (b) the Health Privacy Principles in the Health Records Act 2001 or Part 3 or Part 5 of that Act unless the health information 15 disclosed-- (i) is about the person who has applied for access or to whom the disclosure would be made and no other person; or (ii) is about one person only, and the 20 person who has applied for access or to whom the disclosure would be made is the first-mentioned person's guardian; or (c) the Freedom of Information Act 1982 or a 25 regulation made under that Act. 32. Relationship of this Act to certain other laws Nothing in this Act affects the operation of the Information Privacy Act 2000 or the Health Records Act 2001 or any obligation imposed by 30 or under those Acts on a person or organisation. 33. Expiry of Act This Act expires on the third anniversary of the day on which section 5 comes into operation. 26 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 27 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. INDEX Subject Section Victorian Legislation and Parliamentary Documents Act commencement 2 expiry 33 purposes 1 relationship with certain other laws 32 Assessments carrying out of 19�21 contracts with persons or organisations 17 guiding principles 4 nomination of referred persons for 18, 28 refusal 16, 26 See also Care plans; Multi-disciplinary assessment agencies Care plans care plan co-ordinators 3, 20, 23 copies of 22 definition 3 drafts 21 duration and extension 21, 24 guiding principles 4 moral support for subjects of 29 notices regarding 22, 24, 27�28 personal and health information on subjects of 22�23, 25, 31 refusal to be subject of 16, 22, 26 variation and termination 16, 24 3, 31 Definitions Eligible persons criteria for eligibility 15 definition 3 determination of eligibility by Panel 18 moral support for 29 referral to Panel 14, 16, 27�28 refusal to be referred to Panel 14, 16, 26 See also Assessments; Care plans; Nominated persons; Referred persons 24, 26, 28 Guardians Health information definition 3 obtaining, disclosure, consideration of 16, 18�23, 25, 31 3, 18, 20 Intellectual Disability Review Panel 3, 18, 20 Mental Health Review Board 6, 13, 31 Minister Multi-disciplinary assessment agencies assessments carried out by 18�21 care plans developed by 21 contracts for carrying out assessments 17 definition 3 personal and health information obtained, disclosed 16, 19, 20, 31 28 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

Human Services (Complex Needs) Act 2003 Act No. Subject Section Multiple and Complex Needs Panel alternate Chairperson 3, 6, 8, 9 Victorian Legislation and Parliamentary Documents Chairperson 6, 9, 11, 12 constitution 6 establishment 5 expert advisers to 12 functions 7, 30 functions regarding care plans and care plan co-ordinators 21�24 nomination of referred persons for assessment 18 notices 27�28 personal and health information 16, 18, 20, 21, 23, 31 membership 6, 8, 9 procedure at meetings 11 referral of eligible persons to 14, 16 refusal to be referred to 14, 16, 26 reports 13 validity of decisions 10 Nominated persons definition 3 moral support for 29 personal and health information 19, 20, 21, 31 See also Assessments; Care plans Offender services (def.) 3 Panel See Multiple and Complex Needs Panel 24, 26, 28 Parents Personal information definition 3 obtaining, disclosure, consideration 16, 18�23, 25, 31 3, 18, 20 Public Advocate Referred persons definition 3 not considered eligible 18, 28 moral support for 29 personal and health information 16, 18, 21, 31 See also Assessments; Care plans; Nominated persons Secretary as member of Panel 6, 11 assessment contracts entered into 17 definition 3 disclosure of personal and health information to, by 18, 21 notices given, received by 16, 18, 27�28 referral of eligible persons to Panel 14, 16 termination, variation of care plans 24 Service providers personal and health information obtained, disclosed 16, 22, 23, 25, 31 See also Care plans 29 551086B.I1-27/8/2003 BILL LA CIRCULATION 27/8/2003

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