DISABILITY ACT 2006 - SECT 103 Additional provisions if disability service provider is providing residential services

DISABILITY ACT 2006 - SECT 103

    (1)     This section applies if an administrator is appointed under section 102 in respect of a disability service provider providing residential services.

    (2)     If this section applies, while the appointment of an administrator has effect, an administrator, in the name of, or as agent of, the disability service provider, may do any thing necessary or desirable for the purpose of carrying out his or her function as an administrator in respect of the residential service.

    (3)     Without limiting the generality of subsection (2), the administrator may—

        (a)     enter and occupy the residential service;

        (b)     manage and operate the residential service;

        (c)     put into place a financial management system in relation to the residential service including—

              (i)     receiving residential charges from or on behalf of a resident;

              (ii)     receiving money from or on behalf of a resident as an 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 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 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 residential service;

        (e)     use, repair or replace any equipment or facilities in the residential service;

        (f)     prepare and distribute to the residents for consumption any food stored at the residential service;

        (g)     enter into or renew any contract for the provision of goods or services or any lease contract or any contract of insurance in relation to the operation and management of the residential service;

        (h)     engage additional members of staff to work at the residential service.

    (4)     In carrying out his or her function as an administrator in respect of the residential service and in exercising a power under this section, an administrator must comply with—

        (a)     any direction given by the Secretary; and

        (b)     any guidelines issued by the Secretary in relation to administrators of residential services.

    (5)     If a person is appointed as administrator of a residential service any contract, agreement or arrangement for the provision of equipment or services or the use of premises for the purposes of carrying on the disability service continues in force despite the appointment.

    (6)     If a person is appointed as administrator of a residential service, a person must not, without the consent of the administrator, remove from the residential service any equipment or other property (whether or not owned by the disability service provider) which is reasonably necessary for the proper and efficient functioning of the disability service.

Penalty:     120 penalty units.

    (7)     A person who suffers loss as a result of—

        (a)     the appointment of an administrator; and

        (b)     the operation of subsection (5) or (6)—

is entitled to be paid the amount of compensation as the Minister, on the recommendation of the Secretary, determines.

    (8)     Any liability of the Secretary under this section is to be paid from the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

    (9)     A person who is or has been the disability service provider of a residential service of which an administrator has been appointed is liable to pay to the Secretary the amount determined by the Secretary as the amount of costs incurred—

        (a)     in connection with the appointment of the administrator; or

        (b)     by the administrator in connection with the carrying on of the disability service.

    (10)     If a person has been appointed as an administrator of a residential service under this section, a resident of the residential service may make payments of residential charges to the administrator.

Division 5—Complaints to disability service providers

S. 103A inserted by No. 19/2019 s. 43.