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PARLIAMENT OF VICTORIA
Human Services (Complex Needs) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Guiding principles 3
PART 2--ELIGIBILITY AND CARE PLANS 4
Division 1--General 4
5 Consultation with expert advisers 4
6 Delegation 4
Division 2--Determination of eligibility 4
7 Who is an eligible person? 4
8 Secretary to determine eligibility of person 5
9 Notice to be given to persons before determination is made 5
10 Secretary to notify person of determination of eligibility 7
Division 3--Care plans 7
11 Contract for assessment of eligible persons and development of
care plans 7
12 Development and approval of care plan 8
13 What does development of a care plan involve? 8
14 Seeking and disclosing information for purposes of developing
a care plan 9
15 Copy of care plan and notice to be given to eligible persons 10
16 Care plan co-ordinator 11
17 Service providers may share personal and health information to
give effect to care plan 12
18 Variation and termination of care plan 12
PART 3--GENERAL 14
19 Refusal by person to participate 14
20 Form of notifications 14
21 Notices also to be given to parents and guardians 15
561301B.I-10/3/2009 i BILL LA INTRODUCTION 10/3/2009
Clause Page
22 Support for eligible person 15
23 Confidentiality provision 15
24 Relationship of this Act to certain other laws 17
PART 4--REPEAL AND TRANSITIONAL PROVISIONS 18
25 Repeal 18
26 Transitional provisions 18
ENDNOTES 19
561301B.I-10/3/2009 ii BILL LA INTRODUCTION 10/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Human Services (Complex Needs) Bill
2009
A Bill for an Act to facilitate the delivery of welfare services, health
services, mental health services, disability services, drug and alcohol
services and housing and support services to certain persons with
multiple and complex needs and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to facilitate the delivery
of welfare services, health services, mental health
5 services, disability services, drug and alcohol
treatment services and housing and support
services to certain persons with multiple and
complex needs by providing for the assessment of
such persons and the development and
10 implementation of appropriate care plans.
561301B.I-10/3/2009 1 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
5 31 May 2009, it comes into operation on that day.
3 Definitions
In this Act--
care plan means a care plan approved under
section 12;
10 care plan co-ordinator means a person appointed
under section 16;
Department means the Department of Human
Services;
eligible person means a person referred to in
15 section 7;
health information has the same meaning as in
the Health Records Act 2001;
Mental Health Review Board means the Mental
Health Review Board established by the
20 Mental Health Act 1986;
offender services means services provided by--
(a) providers of correctional services
within the meaning of the Corrections
Act 1986; or
25 (b) the police force in relation to persons
suspected of, or charged with, criminal
offences; or
(c) courts and tribunals in relation to
persons charged with, or found guilty
30 or convicted of, criminal offences;
personal information has the same meaning as in
the Information Privacy Act 2000;
561301B.I-10/3/2009 2 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 1--Preliminary
s. 4
Public Advocate has the same meaning as in the
Guardianship and Administration Act
1986;
Secretary means the person who is for the time
5 being the Department Head (within the
meaning of the Public Administration Act
2004) of the Department.
4 Guiding principles
It is the intention of Parliament that the following
10 principles be given effect to with respect to the
determination of eligibility under this Act of a
person with multiple and complex needs and the
development and implementation of a care plan
that relates to such a person--
15 (a) the wellbeing, health, safety and stable
housing of the person are of paramount
consideration in developing a care plan for
the person under this Act;
(b) the development of a care plan is to be based
20 on a comprehensive assessment of the
person's needs;
(c) the provision of welfare services, health
services, mental health services, disability
services, drug and alcohol treatment services
25 and housing and support services to the
person is best achieved when those services
are co-ordinated and when service providers
may share relevant personal information or
health information about the person;
30 (d) welfare services, health services, mental
health services, disability services, drug and
alcohol treatment services and housing and
support services provided in accordance with
a care plan are to be delivered by the relevant
35 service providers in a co-ordinated manner.
__________________
561301B.I-10/3/2009 3 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 5
PART 2--ELIGIBILITY AND CARE PLANS
Division 1--General
5 Consultation with expert advisers
The Secretary may consult with expert advisers
5 for the purpose of--
(a) determining the eligibility of a person; or
(b) developing and monitoring a care plan that
relates to an eligible person.
6 Delegation
10 The Secretary may by instrument delegate to a
person or class of persons employed in the
administration of this Act any power or function
of the Secretary under this Act except this power
of delegation.
15 Division 2--Determination of eligibility
7 Who is an eligible person?
An eligible person is a person who--
(a) has attained 16 years of age; and
(b) appears to satisfy 2 or more of the following
20 criteria--
(i) has a mental disorder within the
meaning of the Mental Health Act
1986;
(ii) has an acquired brain injury;
25 (iii) has an intellectual impairment;
(iv) is an alcoholic or drug-dependent
person within the meaning of the
Alcoholics and Drug-dependent
Persons Act 1968; and
561301B.I-10/3/2009 4 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 8
(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
5 himself or herself or some other person at
risk of serious harm; and
(d) is in need of intensive supervision and
support and would derive benefit from
receiving co-ordinated services in
10 accordance with a care plan that may include
welfare services, health services, mental
health services, disability services, drug and
alcohol treatment services or housing and
support services.
15 8 Secretary to determine eligibility of person
(1) Subject to subsection (2), the Secretary may make
a determination that a person--
(a) is an eligible person; or
(b) is not an eligible person.
20 (2) The Secretary must not determine that a person is
an eligible person if the person refuses to be
considered for eligibility before the Secretary
makes a determination under subsection (1).
9 Notice to be given to persons before determination is
25 made
Before the Secretary determines whether a person
is an eligible person, the Secretary must notify the
person in writing--
(a) that the Secretary will consider whether the
30 person appears to be an eligible person under
section 7, unless the person refuses to be
considered for eligibility; and
561301B.I-10/3/2009 5 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 9
(b) that if, following consideration of the person,
the Secretary determines that the person is an
eligible person, the Secretary will develop,
or cause a service provider to develop, a care
5 plan that relates to the person, unless the
person refuses to be the subject of a care
plan; and
(c) that the Secretary may seek to obtain from
any person or organisation personal
10 information or health information about the
person for the purpose of considering
whether the person is an eligible person or
developing a care plan that relates to the
person; and
15 (d) that a service provider referred to in
paragraph (b) may seek to obtain from any
person or organisation personal information
or health information about the person for
the purpose of developing a care plan that
20 relates to the person; and
(e) that a service provider identified in a care
plan that relates to the person may disclose
personal information or health information
about the person to another service provider
25 identified in the care plan if the first-
mentioned service provider is satisfied that
the disclosure--
(i) is in the best interests of the person; and
(ii) would assist the second-mentioned
30 service provider in giving effect to the
care plan; and
561301B.I-10/3/2009 6 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 10
(f) that the Secretary may disclose personal
information or health information about the
person to a service provider identified in a
care plan that relates to the person if the
5 Secretary is satisfied that the 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
10 (h) that the person may at any time--
(i) refuse to be considered for eligibility;
or
(ii) refuse to be the subject of a care plan.
10 Secretary to notify person of determination of
15 eligibility
The Secretary must notify in writing a person
whose eligibility has been considered under this
Division whether or not the Secretary has
determined that the person is an eligible person.
20 Division 3--Care plans
11 Contract for assessment of eligible persons and
development of care plans
The Secretary may enter into a contract with a
person or organisation--
25 (a) to assess an eligible person to develop a care
plan that relates to him or her or to arrange
for an eligible person to be so assessed;
(b) to develop a care plan that relates to an
eligible person or arrange that such a care
30 plan be developed.
561301B.I-10/3/2009 7 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 12
12 Development and approval of care plan
(1) Subject to section 19(1), if the Secretary
determines that a person is an eligible person, the
Secretary must cause a care plan to be developed
5 that relates to the person.
(2) The Secretary may engage a service provider to
develop a care plan that relates to an eligible
person.
(3) A care plan--
10 (a) may specify the care, treatment, support and
housing recommended for the person taking
into account his or her best interests; and
(b) must specify a duration for the plan of not
more than 12 months, subject to section 18.
15 (4) The Secretary may approve a care plan with or
without modification.
13 What does development of a care plan involve?
During the course of developing a care plan that
relates to an eligible person, the Secretary, or if
20 the person is referred to a service provider
engaged by the Secretary, the service provider,
must ensure that--
(a) the person is consulted in person and, if the
Secretary or the service provider believes it
25 appropriate and the person agrees, the
person's family and carers are consulted; and
(b) the persons and organisations who are
currently providing welfare services, health
services, mental health services, disability
30 services, drug and alcohol treatment services,
offender services or housing and support
services to the person are consulted; and
(c) a comprehensive assessment of the person's
needs is carried out; and
561301B.I-10/3/2009 8 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 14
(d) relevant personal information or health
information in relation to the person is
obtained and considered.
14 Seeking and disclosing information for purposes of
5 developing a care plan
(1) The Secretary and, if the eligible person is
referred to a service provider engaged by the
Secretary, the service provider, may seek to obtain
personal information or health information about
10 the person from any person or organisation for the
purposes of developing a care plan that relates to
the person.
(2) The following are authorised to disclose personal
information or health information about an
15 eligible person in relation to whom a care plan is
being developed to the Secretary or a service
provider in accordance with a request under
subsection (1)--
(a) the Secretary, in the case of a service
20 provider requesting information in
accordance with subsection (1);
(b) the Public Advocate;
(c) the Mental Health Review Board;
(d) any person or organisation that provides or
25 has provided welfare services, health
services, mental health services, disability
services, drug and alcohol treatment services,
offender services, emergency services or
housing and support services to the eligible
30 person.
561301B.I-10/3/2009 9 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 15
15 Copy of care plan and notice to be given to eligible
persons
Within 14 days after approving a care plan that
relates to an eligible person, the Secretary must--
5 (a) give a copy of the care plan to the person;
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 Secretary is satisfied that
10 this--
(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--
15 (i) that the Secretary has approved a care
plan that relates to the person; and
(ii) that the Secretary and the care plan co-
ordinator and service providers
identified in the care plan may share
20 and use personal information or health
information about the person if this--
(A) is in the best interests of the
person; and
(B) would assist service providers in
25 giving effect to the care plan; and
(iii) of how to contact the Secretary; and
(iv) that the person may at any time--
(A) refuse to be the subject of the care
plan;
30 (B) request the Secretary to vary or
terminate the care plan.
561301B.I-10/3/2009 10 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 16
16 Care plan co-ordinator
(1) If the Secretary approves a care plan that relates to
an eligible person, the Secretary must appoint a
care plan co-ordinator in relation to that care plan.
5 (2) A care plan co-ordinator must--
(a) monitor the implementation of the care plan
and the progress of the person to whom it
relates; and
(b) co-ordinate the services provided to the
10 person to whom the care plan relates in
accordance with the care plan; and
(c) when requested by the Secretary, provide a
report to the Secretary on the progress of the
person to whom the care plan relates.
15 (3) The Secretary may seek to obtain personal
information or health information about an
eligible person to whom a care plan relates from
the care plan co-ordinator and any person or
organisation providing services to the eligible
20 person in accordance with the care plan for the
purposes of--
(a) considering any report given to the Secretary
under subsection (2)(c);
(b) monitoring the implementation of the care
25 plan.
(4) A care plan co-ordinator may seek to obtain
personal or health information from the Secretary
or any service provider identified in the care plan
for the purposes of his or her functions under
30 subsection (2).
(5) The following are authorised to disclose personal
or health information about the person in
accordance with a request under subsection (4)--
561301B.I-10/3/2009 11 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 17
(a) the Secretary;
(b) a service provider referred to in
subsection (4).
17 Service providers may share personal and health
5 information to give effect to care plan
(1) A service provider identified in a care plan is
authorised to disclose personal information or
health information about the eligible person to
whom the plan relates to another service provider
10 identified in the care plan if the first-mentioned
service provider is satisfied that the disclosure of
the information--
(a) is in the best interests of the person to whom
the information relates; and
15 (b) would assist the second-mentioned service
provider in giving effect to the care plan.
(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
20 plan relates that is obtained from another service
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
25 (b) would assist the first-mentioned service
provider in giving effect to the care plan.
18 Variation and termination of care plan
(1) The Secretary may vary or terminate a care plan if
the Secretary is of the opinion that it is appropriate
30 to do so.
(2) Subject to subsection (3), the duration of a care
plan may be extended.
(3) The total duration of a care plan may not exceed
36 months.
561301B.I-10/3/2009 12 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 2--Eligibility and Care Plans
s. 18
(4) If a care plan is terminated, the Secretary must so
notify in writing--
(a) the person to whom the care plan relates; and
(b) any service provider under the care plan.
__________________
561301B.I-10/3/2009 13 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 3--General
s. 19
PART 3--GENERAL
19 Refusal by person to participate
(1) A person may at any time in writing or orally--
(a) refuse to be considered for eligibility by the
5 Secretary; or
(b) refuse to be the subject of a care plan.
(2) A refusal to be considered for eligibility must be
made to the Secretary.
(3) A refusal to be the subject of a care plan must be
10 made to--
(a) the Secretary; or
(b) the relevant care plan co-ordinator.
(4) The person or organisation to whom a purported
refusal is made must determine whether, in their
15 professional judgment, it constitutes a refusal for
the purposes of this Act.
20 Form of notifications
(1) In notifying a person under section 9, 10 or 15(c),
the Secretary must endeavour to ensure that--
20 (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.
25 (2) If a person appears to be incapable of reading and
understanding information provided under this
Act, the Secretary must use reasonable endeavours
to convey the information to the person in the
language, mode of communication or terms which
30 the person is most likely to understand.
561301B.I-10/3/2009 14 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 3--General
s. 21
21 Notices also to be given to parents and guardians
A care plan or any notice required to be given to a
person under section 9, 10 or 15 must also be
given--
5 (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
10 guardian has been appointed under the
Guardianship and Administration Act
1986, to the guardian.
22 Support for eligible person
Nothing in this Act prevents an eligible person, a
15 person whose eligibility is being considered by the
Secretary 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
20 under this Act.
23 Confidentiality provision
(1) In this section, relevant person means--
(a) the Secretary; or
(b) a person who is or has been engaged or
25 employed on behalf of the Secretary; or
(c) a person who is or has been involved in the
management of, engaged or employed at or
worked for or at--
(i) a service provider to whom a person
30 has been referred for the development
of a care plan; or
(ii) a service provider identified in a care
plan; or
561301B.I-10/3/2009 15 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 3--General
s. 23
(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
5 section 14(2)(d).
(2) A relevant person must not (except to the extent
necessary to carry out functions under this Act or
any other Act or regulations made under any other
Act) disclose to any other person, whether directly
10 or indirectly, any personal information or health
information acquired by reason of being a relevant
person if a person will or may be identified from
that information and that person--
(a) is or has been an eligible person; or
15 (b) is a person whose eligibility is being
considered by the Secretary; or
(c) is a person to whom a care plan relates; or
(d) is a member of any such person's family.
Penalty: 60 penalty units.
20 (3) Subsection (2) does not apply to the disclosure of
personal information or health information--
(a) to a court or tribunal in the course of
criminal legal proceedings; or
(b) pursuant to an order of a court or tribunal
25 made under another Act or law; or
(c) 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
30 information be so disclosed; or
(d) that is expressly authorised, permitted or
required by this Act or another Act or
regulations made under any other Act.
561301B.I-10/3/2009 16 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 3--General
s. 24
24 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
5 or under those Acts on a person or organisation.
__________________
561301B.I-10/3/2009 17 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Part 4--Repeal and Transitional Provisions
s. 25
PART 4--REPEAL AND TRANSITIONAL PROVISIONS
25 Repeal
See: (1) The Human Services (Complex Needs) Act
Act No.
68/2003. 2003 is repealed.
Reprint No. 10
5 as at (2) On the repeal of the Human Services (Complex
18 October
2007.
Needs) Act 2003, the Multiple and Complex
LawToday: Needs Panel established by that Act is abolished
www.
legislation.
and despite anything to the contrary in their
vic.gov.au instruments of appointment, appointed members
10 and any alternate Chairperson cease to hold office.
26 Transitional provisions
(1) Despite the repeal of the Human Services
(Complex Needs) Act 2003, a person must be
assessed under this Act for the purpose of
15 developing a care plan if immediately before that
repeal--
(a) the Multiple and Complex Needs Panel
established by that Act believed the person to
be an eligible person and had nominated the
20 person for assessment under section 18(1) of
that Act; and
(b) no assessment in relation to the person was
made under that Act.
(2) Despite the repeal of the Human Services
25 (Complex Needs) Act 2003, a care plan that
was--
(a) accepted under that Act by the Multiple and
Complex Needs Panel established by that
Act; and
30 (b) in force immediately before that repeal--
is deemed to be a care plan approved by the
Secretary under section 12 of this Act.
561301B.I-10/3/2009 18 BILL LA INTRODUCTION 10/3/2009
Human Services (Complex Needs) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561301B.I-10/3/2009 19 BILL LA INTRODUCTION 10/3/2009
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