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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Services (Supported Residential Services)
Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Principles applying to supported residential services 3
6. Transfer or variation of certificate 3
7. Revocation of certificate 4
8. Change of directors etc. 4
9. Certificate of renewal of registration 4
10. Appointment of administrator of supported residential service 5
11. New section 104A inserted 7
104A. Application deemed withdrawn 7
12. Residential statements 8
13. New sections 106A and 106B inserted 9
106A. Resident's interim and on-going care plans 9
106B. Information for prospective residents 11
14. Notification of next of kin 11
15. Management of resident's money by proprietor 12
108H. Management of resident's money by proprietor 12
16. Minimum staff requirements 14
17. Records 14
18. Offence to carry on business if establishment or proprietor is not
registered 14
19. Community (residential services) visitors 14
20. Delegation by Minister 15
143. Delegation by Minister 15
21. Inquiry by Secretary 15
22. Identity cards 16
23. Powers of authorised officers 16
24. Offence to obstruct or hinder 17
25. Transitional--residential statements 17
165. Residential statements 17
ENDNOTES 18
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Health Services Act 1988 and for other purposes.
Health Services (Supported Residential
Services) Act 2004
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make various
amendments to the Health Services Act 1988.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in sub-section (1) does
not come into operation before 31 December
2004, it comes into operation on that day.
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Health Services (Supported Residential Services) Act 2004
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Act No.
3. Principal Act
See: In this Act, the Health Services Act 1988 is
Act No.
Victorian Legislation and Parliamentary Documents
called the Principal Act.
49/1988.
Reprint No. 8
as at 19
February
2003 and
amending
Act Nos
67/2003 and
98/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
5 In section 3(1) of the Principal Act--
(a) in the definition of "special or personal
care"--
(i) in paragraph (a)(iv), for "meals"
substitute "eating meals";
10 (ii) in paragraph (d), for "dispensing"
substitute "administering";
(b) insert the following definitions--
' "domestic partner" of a person means an
adult person to whom the person is not
15 married but with whom the person is in
a relationship as a couple where one or
each of them provides personal or
financial commitment and support of a
domestic nature for the material benefit
20 of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
25 the person--
(a) for fee or reward; or
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(b) on behalf of another person or an
organisation (including a
government or government
Victorian Legislation and Parliamentary Documents
agency, a body corporate or a
5 charitable or benevolent
organisation);
"resident's administrator" means the
resident's attorney appointed under a
power of attorney or an enduring power
10 of attorney to administer the resident's
property or a person appointed by a
court or tribunal as the administrator of
the resident's property;
"resident's guardian" means the resident's
15 guardian appointed under the
Guardianship and Administration
Act 1986 or appointed by a court;'.
5. Principles applying to supported residential services
In section 10 of the Principal Act--
20 (a) in paragraph (c), omit "physical";
(b) in paragraph (f), after "friendships" insert
"and relationships".
6. Transfer or variation of certificate
In section 74(3) of the Principal Act--
25 (a) for paragraph (a) substitute--
"(a) the variation under sub-section (1)(a) of
the certificate or any condition to which
the certificate is subject; or";
(b) in paragraph (b), after "transfer" insert
30 "under sub-section (1)(b)".
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7. Revocation of certificate
In section 75(2) of the Principal Act, for "sub-
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section (1) or section 76" substitute "sub-
section (1), section 76 or section 86".
5 8. Change of directors etc.
At the end of section 86 of the Principal Act
insert--
"(2) The Secretary may determine whether a
person who is, or is appointed as, a director
10 of or other officer having control over a
proprietor that is a body corporate is a fit and
proper person to carry on or exercise control
over a health service establishment.
(3) In making a determination under sub-
15 section (2), the Secretary must consider any
relevant criteria that the Secretary would be
required to consider in determining whether
an applicant under section 71 is a fit and
proper person for the purposes of that
20 section.
(4) If an approval in principle has been granted
in respect of a health service establishment
and the Secretary subsequently determines
that a person referred to in sub-section (2) is
25 not a fit and proper person to carry on or
exercise control over the health service
establishment, the Secretary, by notice in
writing given to the person, may revoke the
certificate of approval in principle.".
30 9. Certificate of renewal of registration
(1) In section 95A(3)(b) of the Principal Act, after
"registration" insert "or certificate of renewal of
registration".
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(2) In section 96(a) of the Principal Act, after
"registration" insert "or certificate of renewal of
registration".
Victorian Legislation and Parliamentary Documents
10. Appointment of administrator of supported
5 residential service
(1) After section 103(1)(b) of the Principal Act
insert--
"(ba) the Minister believes on reasonable grounds
that the appointment of an administrator to a
10 supported residential service is necessary to
protect the interests of the residents of the
service; or".
(2) After section 103(2) of the Principal Act insert--
"(2A) The function of an administrator of a
15 supported residential service is--
(a) to manage and operate the service,
taking into account the principles set
out in section 10; and
(b) to ensure that suitable accommodation
20 and special or personal care for
residents of the service is provided at
the service or, if necessary, by
relocation to another service.".
(3) For section 103(4) of the Principal Act
25 substitute--
"(4) While the appointment of an administrator of
a supported residential service has effect, an
administrator, in the name of, or as agent of,
the proprietor, may do such things as are
30 necessary or desirable for the purpose of
carrying out his or her function as an
administrator.
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(4A) Without limiting the generality of sub-
section (4), an administrator of a supported
residential service may--
Victorian Legislation and Parliamentary Documents
(a) enter and occupy the service;
5 (b) manage and operate the service;
(c) put into place a financial management
system in relation to the service
including--
(i) receiving fees from or on behalf of
10 a resident in respect of the
resident's accommodation and
care at the service;
(ii) receiving money from or on
behalf of a resident as an
15 allowance for a resident and
appropriately distributing that
money to the resident or using it
for the benefit of the resident;
(iii) establishing and maintaining a
20 trust account with a financial
institution into which money
received from or on behalf of
residents may be paid;
(iv) making payments in relation to the
25 exercise of any power referred to
in this section;
(d) inspect and take possession of any
document in connection with the
operation and management of the
30 service;
(e) use, repair or replace any equipment or
facilities in the service;
(f) prepare and distribute to the residents
for consumption any food stored at the
35 service;
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(g) enter into or renew any contract for the
provision of goods or services or any
lease contract or any contract of
Victorian Legislation and Parliamentary Documents
insurance in relation to the operation
5 and management of the service;
(h) engage additional members of staff to
work at the service.
(4B) In carrying out his or her function and
exercising a power under this section, an
10 administrator must comply with--
(a) any direction given by the Secretary;
and
(b) any guidelines issued by the Secretary
in relation to administrators of
15 supported residential services.".
(4) In section 103(5) of the Principal Act, after
"services" insert "or the use of premises".
(5) After section 103(9) of the Principal Act insert--
"(10) If a person has been appointed as an
20 administrator of a supported residential
service under this section, a resident of the
service may make payments in relation to the
resident's accommodation and care at the
service to the administrator.".
25 11. New section 104A inserted
After section 104 of the Principal Act insert--
"104A. Application deemed withdrawn
(1) If, in the course of considering an application
made under this Part, the Secretary has made
30 2 or more requests for further information
from the applicant and the applicant has
failed to provide the requested information
within 4 months after the second request and
has not given notice to the Secretary under
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section 104(2), the Secretary may notify the
applicant in writing that the application is
deemed to be withdrawn unless the requests
Victorian Legislation and Parliamentary Documents
are complied with within 14 days after the
5 notice is given to the applicant.
(2) An application is deemed to be withdrawn if,
within 14 days after the Secretary gives the
applicant a notice referred to in sub-
section (1), an applicant fails to comply with
10 the requests for further information.".
12. Residential statements
(1) In section 106(1) of the Principal Act, for
"guardian" substitute "the resident's guardian or
the resident's administrator".
15 (2) For the penalty at the foot of sections 106(1),
106(2) and 106(3) of the Principal Act
substitute--
"Penalty: 120 penalty units.".
(3) In section 106(3) of the Principal Act--
20 (a) for "30 days" substitute "48 hours";
(b) for "relative or guardian of the resident"
substitute "relative of the resident or the
resident's guardian or the resident's
administrator".
25 (4) In section 106(4) of the Principal Act, for
"guardian" substitute "resident's guardian or
resident's administrator".
(5) After section 106(4) of the Principal Act insert--
"(5) The statement prepared under this section
30 must be--
(a) signed by the proprietor as soon as
practicable; and
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(b) signed and returned to the proprietor as
soon as practicable after the statement
is received under sub-section (3) by the
Victorian Legislation and Parliamentary Documents
resident or the resident's guardian or
5 resident's administrator.".
13. New sections 106A and 106B inserted
After section 106 of the Principal Act insert--
"106A. Resident's interim and on-going care
plans
10 (1) Within 48 hours after a person becomes a
resident of a supported residential service,
the proprietor of the service must cause to be
prepared in relation to the resident a written
document to be called the resident's interim
15 care plan that includes--
(a) the immediate health and special or
personal care needs of the resident; and
(b) the services to be provided to the
resident to assist with those needs.
20 Penalty: 120 penalty units.
(2) Within 30 days after a person becomes a
resident, the proprietor, in consultation with
the resident and, if appropriate, a relative of
the resident or the resident's guardian, must
25 cause the resident's interim care plan to be
reviewed and expanded into a written
document to be called the resident's on-going
care plan that includes--
(a) the on-going health and special or
30 personal care needs of the resident; and
(b) the services to be provided to the
resident to assist with those needs.
Penalty: 120 penalty units.
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(3) The proprietor must cause a resident's
on-going care plan to be reviewed and
updated at least once every 6 months.
Victorian Legislation and Parliamentary Documents
Penalty: 120 penalty units.
5 (4) If the resident's health and special or
personal care needs change, the on-going
care plan must be reviewed and changed as
necessary to meet those changed needs of the
resident.
10 (5) The proprietor must ensure that any change
to a resident's on-going care plan is prepared
in consultation with the resident and, if
appropriate, a relative of the resident or the
resident's guardian.
15 Penalty: 120 penalty units.
(6) The proprietor must ensure that consultation
occurs with the resident's health service
providers in the preparation of--
(a) a resident's on-going care plan; and
20 (b) any changes made to that plan.
Penalty: 120 penalty units.
(7) The proprietor must ensure that a resident's
on-going care plan is carried out as prepared.
Penalty: 120 penalty units.
25 (8) When so requested, the proprietor must
cause a resident's interim care plan, on-going
care plan and any changes made to either
plan to be available to--
(a) the resident;
30 (b) the resident's guardian;
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(c) staff at the supported residential
service;
Victorian Legislation and Parliamentary Documents
(d) the resident's health service providers.
Penalty: 120 penalty units.
5 106B. Information for prospective residents
The proprietor of a supported residential
service must provide prospective residents
who seek information about the service with
a document containing information in respect
10 of prescribed matters.
Penalty: 10 penalty units.".
14. Notification of next of kin
(1) After section 108F(1) of the Principal Act
insert--
15 "(1A) The proprietor of a supported residential
service must maintain an accurate and up to
date record of the particulars of any injury or
incident that occurs to a resident.
Penalty: 120 penalty units.".
20 (2) In section 108F(4) of the Principal Act, for "(if
any) or" substitute "and resident's guardian (if
any) and".
(3) In section 108F(5) of the Principal Act--
(a) the definition of "resident's administrator" is
25 repealed;
(b) the definition of "resident's guardian" is
repealed;
(c) insert the following definition--
' "next of kin" includes a domestic partner.'.
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15. Management of resident's money by proprietor
For section 108H of the Principal Act
Victorian Legislation and Parliamentary Documents
substitute--
'108H. Management of resident's money by
5 proprietor
(1) The proprietor of a supported residential
service may manage or control an amount of
money of a resident, being not greater than
the prescribed amount, if the proprietor has
10 written consent to do so from--
(a) the resident; or
(b) the resident's administrator.
(2) If the proprietor of a supported residential
service manages or controls the money of a
15 resident, the proprietor must--
(a) keep a copy of the consent for that
management or control; and
(b) maintain an accurate and up to date
record of--
20 (i) any money that the proprietor
manages or controls; and
(ii) any expenditure by the proprietor
of any money on behalf of the
resident; and
25 (c) ensure that records kept under
paragraph (b) individually itemise each
transaction made on behalf of the
resident.
Penalty: 240 penalty units.
30 (3) The proprietor of a supported residential
service who manages or controls the money
of a resident must provide the resident or the
resident's administrator upon request with a
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statement at least once every 3 months
setting out any income received and
expenditure incurred on behalf of a resident
Victorian Legislation and Parliamentary Documents
since the previous statement.
5 Penalty: 240 penalty units.
(4) The proprietor of a supported residential
service must ensure that--
(a) all expenses and fees charged to a
resident are individually itemised and
10 explained to the resident or the
resident's administrator; and
(b) a record in respect of all money
received by the proprietor on behalf of
a resident is provided to the resident or
15 the resident's administrator upon
request.
Penalty: 240 penalty units.
(5) The proprietor of a supported residential
service must, upon request, give access to the
20 resident's financial records held by the
proprietor to the resident or the resident's
administrator.
Penalty: 240 penalty units.
(6) The proprietor, or a member of staff, of a
25 supported residential service must not accept
appointment as a resident's administrator or
resident's guardian in respect of any resident
of the supported residential service of which
he or she is proprietor or a member of staff.
30 Penalty: 240 penalty units.
(7) In this section "money of a resident" does
not include money payable to the proprietor
in relation to accommodation or services
provided by the proprietor.'.
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16. Minimum staff requirements
After section 108L(2)(a) of the Principal Act
Victorian Legislation and Parliamentary Documents
insert--
"(aa) is not a fit and proper person, having regard
5 to guidelines issued by the Secretary in
relation to the employment of persons in a
supported residential service; or".
17. Records
After section 109(2) of the Principal Act insert--
10 "(3) The proprietor of a supported residential
service must cause to be kept in accordance
with sub-section (4)--
(a) a list of current residents and
corresponding room numbers; and
15 (b) a current staff roster.
Penalty: 120 penalty units.
(4) Any record kept for the purposes of sub-
section (3) must be in a format that is readily
accessible for inspection by an authorised
20 officer or a community (residential services)
visitor.".
18. Offence to carry on business if establishment or
proprietor is not registered
In section 111(b) of the Principal Act, after
25 "establishment" insert "or a certificate of renewal
of registration of the establishment".
19. Community (residential services) visitors
In section 117(b)(v) of the Principal Act, after
"service" insert "or on behalf of a resident of the
30 hospital or service".
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20. Delegation by Minister
After section 142 of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"143. Delegation by Minister
If the Minister is not the Minister referred to
5 in section 8B of the Health Act 1958, the
Minister may, by instrument, delegate to any
person or class of persons employed in the
Department or to any other officer or class of
officers in the public service any power or
10 function of the Minister under this or any
other Act or under the regulations under this
or any other Act, other than this power of
delegation.".
21. Inquiry by Secretary
15 In section 144(2) of the Principal Act--
(a) in paragraph (b), after "health service
establishment" insert "or proprietor of a
health service establishment";
(b) for paragraph (c) substitute--
20 "(c) a legal practitioner or any other person
authorised in writing by a registered
funded agency or a health service
establishment may represent--
(i) the board of the agency or
25 establishment;
(ii) any officer of the agency or
establishment;
(iii) the proprietor of the
establishment.".
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22. Identity cards
For section 146(3) of the Principal Act
Victorian Legislation and Parliamentary Documents
substitute--
"(3) An authorised officer must produce his or
5 her identity card for inspection--
(a) before exercising a power under this
Act; and
(b) at any time during the exercise of a
power under this Act if asked to do so.
10 Penalty: 10 penalty units.".
23. Powers of authorised officers
(1) After section 147(1)(e) of the Principal Act
insert--
"(ea) require a proprietor or any member of staff
15 of the health service establishment--
(i) to answer a question to the best of that
person's knowledge, information and
belief;
(ii) to take reasonable steps to produce
20 documents; and".
(2) After section 147(2) of the Principal Act insert--
"(3) If an authorised officer requires a person
referred to in sub-section (1)(ea) to answer a
question to the best of that person's
25 knowledge, information and belief, the
authorised officer must advise the person
that it is a reasonable excuse for that person
to refuse to comply with the request if it
would tend to incriminate that person.".
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24. Offence to obstruct or hinder
At the end of section 149 of the Principal Act
Victorian Legislation and Parliamentary Documents
insert--
"(2) A person is not guilty of an offence under
5 sub-section (1) if the authorised officer
exercising a power under this Act--
(a) failed to produce his or her identity
card in accordance with section 146(3);
or
10 (b) failed to warn the person of the effect
of sub-section (1).".
25. Transitional--residential statements
For section 165 of the Principal Act substitute--
"165. Residential statements
15 Section 106(3) as amended by section 12(3)
of the Health Services (Supported
Residential Services) Act 2004 only applies
to a person who becomes a resident after the
commencement of section 12(3) of that
20 Act.".
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Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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