DISABILITY ACT 2006 - SECT 151 Proclamation of residential treatment facility

DISABILITY ACT 2006 - SECT 151

    (1)     The Governor in Council may, by proclamation published in the Government Gazette, proclaim—

        (a)     a premises (including part of any building or place) used by the Secretary to provide residential services; or

        (b)     a program provided on a premises (including part of any building or place) used by the Secretary to provide residential services—

to be a residential treatment facility.

    (2)     A proclamation under subsection (1) may classify the residential treatment facility as—

        (a)     a short-term residential treatment facility; or

        (b)     a long-term residential treatment facility.

    (3)     The purpose of a residential treatment facility is to provide compulsory treatment to persons with an intellectual disability admitted to the residential treatment facility in accordance with this Division.

    (4)     Subject to subsection (5), for the purposes of this Division, a person with an intellectual disability can only be admitted to a short-term residential treatment facility for a period not exceeding 5 years.

    (5)     If a new order of the type specified in section 152(2) applies to a person with an intellectual disability, subsection (4) does not prevent the person with an intellectual disability being re‑admitted to a short-term residential treatment facility.

    (6)     The facility operated by the Secretary at the commencement of this section and known as the Intensive Residential Treatment Program of the Statewide Forensic Service is deemed to have been proclaimed under this section to be a residential treatment facility and classified as a short-term residential treatment facility.

    (7)     A residential treatment facility can only be operated by the Secretary through the Department.

    (8)     The Secretary must appoint an Authorised Program Officer in respect of each residential treatment facility.