Victorian Consolidated Legislation

DISABILITY ACT 2006

No. 23 of 2006
Version incorporating amendments as at  1 March 2012

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions

   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

           Division 1-The Secretary

   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

           Division 2-The Victorian Disability Advisory Council

   11.     Victorian Disability Advisory Council
   12.     Functions of the Victorian Disability Advisory Council
   13.     Provisions applying to the Victorian Disability Advisory
           Council

           Division 3-The Disability Services Commissioner

   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

           Division 4-The Disability Services Board

   20.     Constitution of the Disability Services Board
   21.     Procedure of the Disability Services Board
   22.     Functions of the Disability Services Board

           Division 5-The Senior Practitioner

   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

           Division 6-Community visitors

   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

           Division 1-General provisions

   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

           Division 2-Accessing disability services

   49.     Request for disability services
   50.     Request to Secretary for decision as to disability
   51.     Effect of decision of Secretary

           Division 3-Planning

   52.     Guiding principles for planning
   53.     Planning
   54.     Support plan
   55.     Planning for persons with an intellectual disability

   PART 5-RESIDENTIAL SERVICES

           Division 1-General provisions

   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

           Division 2-Community residential units

   63.     Application of Division
   64.     Declaration of residential service as a community residential
           unit
   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?
   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

           Division 3-Residential institutions

   86.     Proclamation of residential institutions
   87.     Admission to residential institutions
   88.     Review by VCAT

   PART 6-RIGHTS AND ACCOUNTABILITY

           Division 1-Provision of information

   89.     Disability service provider must provide information

           Division 2-Provisions relating to the management of money

   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

           Division 3-Standards and monitoring of performance

   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

           Division 4-Appointment of administrator

   101.    Displacement of other laws
   102.    Appointment of administrator
   103.    Additional provisions if disability service provider is
           providing residential services

           Division 5-Complaints to disability service providers

   104.    Internal process for complaints
   105.    Report on complaints
   106.    Duty of disability service provider to take all reasonable steps

           Division 6-Complaints to Disability Services Commissioner

   107.    Purpose of Division
   108.    Application of Division
   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

           Division 7-Visits by community visitors

   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 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 management plan
   142.    Review of behaviour management 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

           Division 1-Residential treatment facilities

   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

           Division 2-Provisions applying to RTO residents

   162.    Extended leave
   163.    Appeals regarding extended leave
   164.    Suspension and revocation of extended leave
   165.    Appeals regarding revocation of extended leave

           Division 3-Provisions applying to security residents

   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

           Division 4-Provisions applying to forensic residents

   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

           Division 5-Supervised treatment orders

   183.    Purpose of Division
   184.    Restrictions on liberty or freedom of movement
   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
   197.    Application for rehearing
   198.    Rehearing
   199.    Senior Practitioner may make assessment order
   200.    Supervised treatment order to prevail over guardianship
           order
   201.    Apprehension of person subject to a supervised treatment
           order absent without approval

   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
   216.    Offences by bodies corporate
   217.    Persons who are liable for offences
   218.    Power to bring proceedings
   219.    Evidentiary
   220.    Recapture of person
   221.    Regulations

   PART 10-MISCELLANEOUS

           Division 1-Savings and transitional

   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

           Divisions 2-4-Repealed

           226-250. Repealed
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details