Victorian Current Acts

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DISABILITY ACT 2006


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Disability service provider taken to be providing residential services  

   PART 2--OBJECTIVES AND PRINCIPLES

   4.      Objectives of Act  
   5.      Principles  
   6.      Persons with an intellectual disability  
   7.      Provision of advice, notification or information under this Act  

   PART 3--ADMINISTRATION

   8.      Role and functions of the Secretary  
   9.      Power of Secretary to provide funds  
   10.     Power of Secretary to enter into contracts  
   10A.    Secretary's powers in relation to land  
   10B.    Committee of management  
   10C.    Record of dealings  
   10D.    Secretary's powers in relation to intellectual property  
   11.     Victorian Disability Advisory Council  
   12.     Functions of the Victorian Disability Advisory Council  
   13.     Provisions applying to the Victorian Disability Advisory Council  
   14.     Disability Services Commissioner  
   15.     Acting Disability Services Commissioner  
   16.     Functions of the Disability Services Commissioner  
   17.     Powers of the Disability Services Commissioner  
   18.     Provision of staff and contractors  
   19.     Annual report  
   20.     Constitution of the Disability Services Board  
   21.     Procedure of the Disability Services Board  
   22.     Functions of the Disability Services Board  
   23.     The Senior Practitioner  
   24.     Functions of the Senior Practitioner  
   25.     Power of Senior Practitioner to delegate  
   26.     Provision of staff and contractors  
   27.     Special powers of the Senior Practitioner  
   28.     Community visitors  
   29.     General provisions as to community visitors  
   30.     Functions of a community visitor  
   31.     Certain persons deemed to be community visitors  
   32.     Community Visitors Board  
   33.     Matter may be referred  
   34.     Reports by community visitors  
   35.     Annual report of community visitors  
   36.     Secrecy provision  

   PART 4--DISABILITY SERVICES

   37.     State Disability Plan  
   38.     Disability Action Plans  
   39.     Information systems  
   40.     Application for registration as a disability service provider  
   41.     Registration  
   42.     Renewal of registration  
   43.     Revocation of registration  
   44.     Notice before refusal or revocation  
   45.     Application for review  
   46.     Register of disability service providers  
   47.     Disability service provider to notify changes  
   48.     Certain persons or bodies deemed or may be deemed to be registered as disability service providers  
   49.     Request for disability services  
   50.     Request to Secretary for decision as to disability  
   51.     Effect of decision of Secretary  
   52.     Guiding principles for planning  
   53.     Planning  
   54.     Support plan  
   55.     Planning for persons with an intellectual disability  

   PART 5--RESIDENTIAL SERVICES

   56.     Purpose and application of Part  
   57.     Residential statement  
   58.     Duties of disability service provider providing residential services  
   59.     Duties of residents  
   60.     Entry to a resident's room  
   61.     Manner of entry  
   62.     Offences relating to interference with rights  
   63.     Application of Division  
   64.     Declaration of residential service as a group home  
   65.     Residential charge  
   66.     Notice of increase in residential charge  
   67.     Limit on payment in advance  
   68.     Method of payment  
   69.     Receipts for payment  
   70.     Residential charge must be reduced if service items are reduced  
   71.     Disputes relating to notice of increase in residential charge  
   72.     What can VCAT order on an application under section 71?  
   72A.    VCAT must dismiss certain applications  
   73.     Payment of increased amount pending VCAT decision  
   74.     Notice of temporary relocation  
   75.     Termination of residency  
   76.     Notice to vacate by disability service provider  
   77.     Effect of notice to vacate  
   78.     Notice of no effect  
   79.     What if 2 or more notices can be given?  
   80.     Notice of intention to vacate by resident  
   81.     Withdrawal of notice  
   82.     Application to VCAT for review of notice to vacate  
   83.     Application to VCAT for possession order  
   84.     Possession orders  
   85.     Issue of warrant of possession  
   85A.    Extension of time for warrant to be executed  
   85B.    Warrant of possession  
   85C.    Lapsing of possession order and lapsing or cancellation of warrant of possession  
   85D.    Execution of warrant  
   86.     Proclamation of residential institutions  
   87.     Admission to residential institutions  
   88.     Review by VCAT  

   PART 6--RIGHTS AND ACCOUNTABILITY

   89.     Disability service provider must provide information  
   90.     Management of money  
   91.     Residents' Trust Fund  
   92.     Money to be paid into the Residents' Trust Fund by the Secretary  
   93.     Management of money of a resident  
   94.     Investment of money  
   95.     Limit on amount held  
   96.     Trust money must be paid when person leaves  
   97.     Minister must determine standards  
   98.     Secretary to specify performance measures and monitor performance  
   99.     Power of Secretary to give directions  
   100.    Further powers of Secretary  
   101.    Displacement of other laws  
   102.    Appointment of administrator  
   103.    Additional provisions if disability service provider is providing residential services  
   104.    Internal process for complaints  
   105.    Report on complaints  
   106.    Duty to take all reasonable steps to prevent adverse effects  
   106A.   Internal process for complaints  
   106B.   Report on complaints  
   106C.   Duty to take all reasonable steps to prevent adverse effects  
   107.    Purpose of Division  
   108.    Application of Division  
   108A.   Definition  
   109.    What matters can be the subject of a complaint?  
   110.    Who may make a complaint?  
   111.    How do you make a complaint?  
   112.    Withdrawal of complaint  
   113.    Preliminary assessment of complaint  
   114.    Circumstances in which the Disability Services Commissioner may decline to consider a complaint  
   115.    Notice of decision to consider or not to consider complaint  
   116.    Consideration of complaint suitable for conciliation  
   117.    Dealing with a complaint  
   118.    Investigation of a complaint  
   119.    Notice of decision and procedures  
   120.    Circumstances in which notice is not to be given  
   121.    Duty to stop proceedings  
   122.    Powers to compel attendance and call for evidence and documents  
   123.    Restrictions on powers  
   124.    Warrants  
   125.    False statements  
   126.    Person not to be penalised for making a complaint  
   127.    Protection for Disability Services Commissioner, officers and parties to proceedings  
   128.    Secrecy  
   129.    Visiting of residential service  
   130.    Powers of inspection  
   131.    Request to see a community visitor  
   132.    Record of visits  

   PART 7--RESTRICTIVE INTERVENTIONS

   133.    Purpose and application of Part  
   134.    Use of restrictive interventions  
   135.    Approval to use restrictive interventions  
   136.    Revocation of approval  
   137.    Notice before refusal or revocation  
   138.    Application for review  
   139.    Authorised Program Officers  
   140.    Use of restraint and seclusion  
   141.    Use of restraint and seclusion must be included in behaviour support plan  
   142.    Review of behaviour support plan by disability service provider  
   143.    Independent person  
   144.    Powers of Public Advocate  
   145.    Requirements for the use of restraint and seclusion  
   146.    Review by VCAT  
   147.    Use of restraint or seclusion in an emergency  
   148.    Reports  
   149.    Offence  
   150.    Use of other restrictive interventions  

   PART 8--COMPULSORY TREATMENT

   150A.   Restrictions on liberty or freedom of movement  
   151.    Proclamation of residential treatment facility  
   152.    Admission to a residential treatment facility  
   153.    Authorised Program Officer must prepare treatment plan  
   154.    Annual review of treatment plan  
   155.    Application for review of treatment plan  
   156.    Leave of absence  
   157.    Special leave  
   158.    Suspension of leave of absence or special leave  
   159.    Security conditions  
   160.    Apprehension of resident absent without leave  
   161.    Transfer of resident to another residential treatment facility or a residential institution  
   162.    Extended leave  
   163.    Appeals regarding extended leave  
   164.    Suspension and revocation of extended leave  
   165.    Appeals regarding revocation of extended leave  
   166.    Transfer of person with an intellectual disability from a prison  
   167.    Preparation of treatment plan  
   168.    Annual review of security order and treatment plan  
   169.    Application for review of treatment plan  
   170.    Leave of absence  
   171.    Special leave  
   172.    Suspension of leave of absence or special leave  
   173.    Security conditions  
   174.    Apprehension of security resident absent without leave  
   175.    Termination of a security order  
   176.    Death of security resident  
   177.    Request for transfer to prison  
   178.    Transfer of security resident to another residential institution or a residential treatment facility  
   179.    Notice of transfer of security resident to another residential treatment facility or residential institution  
   180.    Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   181.    Status of forensic residents  
   182.    Leave of absence for forensic resident  
   183.    Purpose of Division  
   185.    Use of supervised treatment  
   186.    Approval to use supervised treatment  
   187.    Revocation of approval  
   188.    Notice before refusal or revocation  
   189.    Application for review  
   190.    Authorised Program Officers  
   191.    Application for a supervised treatment order  
   192.    Interim supervised treatment order by VCAT  
   193.    Supervised treatment order  
   194.    Application by the Public Advocate  
   195.    Supervision of supervised treatment order  
   196.    Application for review, variation or revocation  
   196A.   Application for determination regarding expiry of supervised treatment order  
   197.    Application for rehearing  
   198.    Rehearing  
   199.    Senior Practitioner may make assessment order  
   199A.   Application for review of assessment order  
   200.    Supervised treatment order to prevail over guardianship order  
   201.    Apprehension of person subject to a supervised treatment order absent without approval  
   201A.   Purpose and application of Division  
   201B.   Use of restrictive interventions  
   201C.   Authorised Program Officers  
   201D.   Use of restraint and seclusion  
   201E.   Use of restraint and seclusion must be included in treatment plan  
   201F.   Reports  
   201G.   Offence  
   201H.   Use of other restrictive interventions  

   PART 9--GENERAL PROVISIONS

   202.    False and misleading statements  
   203.    Defacing documents  
   204.    Delegation  
   205.    Provision of staff services  
   206.    Special powers of Secretary  
   207.    Appointment of authorised officers  
   208.    Identity cards  
   209.    Production of identity card  
   210.    Powers of authorised officers  
   211.    Offence to give false or misleading information  
   212.    Offence to hinder or obstruct authorised officer  
   213.    Offence to impersonate authorised officer  
   214.    Protection against self-incrimination  
   215.    Legal professional privilege or client legal privilege  
   217.    Persons who are liable for offences  
   218.    Power to bring proceedings  
   219.    Evidentiary  
   220.    Recapture of person  
   221.    Regulations  

   PART 10--MISCELLANEOUS

   222.    Repeals and Savings  
   223.    Transitional provisions  
   224.    Intellectual Disability Review Panel  
   225.    Transitional regulations  
   225A.   Order specifying land, leases, licences and interests in land to be transferred to Secretary  
   225B.   Vesting of land, leases, licences and interests in land in the Secretary  
   225C.   Action by Registrar of Titles  
   225D.   Taxes  
   225E.   Land etc. vests subject to encumbrances  
   226.    Community visitors  
   227.    Behaviour support plans  
   228.    Possession orders  
   229.    Warrants of possession  
   230.    Group homes  
   231.    Treatment plans  
           ENDNOTES
           SCHEDULE 1


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