DISABILITY ACT 2006 - SECT 3 Definitions
DISABILITY ACT 2006 - SECT 3
Definitions(1) In this Act—
S. 3(1) def. of accountability investigation inserted by No. 33/2017 s. 4(1).
"accountability investigation" means—
(a) an investigation under section 118; or
(b) an initiated investigation; or
(c) a referral investigation in which section 128I(4) applies; or
(d) a follow up investigation;
S. 3(1) def. of Australian Industrial Relations Commission inserted by No. 74/2009 s. 10(1).
"Australian Industrial Relations Commission" means the body established by section 61 of the Workplace Relations Act 1996 of the Commonwealth, as in force before its repeal;
S. 3(1) def. of authorised officer substituted by No. 33/2017 s. 4(3).
"authorised officer"—
(a) in Part 6, means a person appointed as an authorised officer by the Disability Services Commissioner under Division 8 of Part 6;
(b) other than in Part 6, means a person appointed as an authorised officer under section 207;
S. 3(1) def. of Authorised Program Officer substituted by No. 22/2012 s. 4(1), amended by No. 19/2019 s. 19(2)(a), substituted by No. 9/2023 s. 4(1)(a).
"Authorised Program Officer" means a person appointed as an Authorised Program Officer by a disability service provider or a registered NDIS provider and whose appointment is approved by the Senior Practitioner;
S. 3(1) def. of behaviour management plan substituted as behaviour
support
plan by No. 22/2012 s. 4(2).
"behaviour support plan" means a plan developed for a person with a disability which specifies a range of strategies to be used in supporting the person's behaviour including proactive strategies to build on the person's strengths and increase their life skills;
"benefit to the person" means maximising a person's quality of life and increasing their opportunity for social participation;
S. 3(1) def. of carer inserted by No. 10/2012 s. 14(1).
"carer" has the same meaning as in the Carers Recognition Act 2012 ;
S. 3(1) def. of chemical restraint repealed by No. 19/2019 s. 19(3)(a).
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S. 3(1) def. of
Commis-
sioner for Privacy and Data Protection inserted by
No. 33/2017 s. 4(1).
Commissioner for Privacy and Data Protection has the same meaning as Commissioner has in the Privacy and Data Protection Act 2014 ;
S. 3(1) def. of Commission for Children and Young People inserted by No. 33/2017 s. 4(1).
Commission for Children and Young People has the same meaning as Commission has in the Commission for Children and Young People Act 2012 ;
"common area" means any area in which facilities are provided for the use of residents otherwise than as part of the room which the resident occupies;
S. 3(1) def. of community residential unit repealed by No. 22/2012 s. 4(3).
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"community visitor" means a person appointed under section 28 ;
"Community Visitors Board" means the Board established under section 32;
"complaint", in Division 5 of Part 6, means a complaint within the meaning of section 109;
S. 3(1) def. of compulsory treatment amended by No. 19/2019 s. 126(a).
"compulsory treatment" means treatment of a person who is—
(a) admitted to a residential treatment facility under an order specified in section 152(2); or
(b) subject to a supervised treatment order;
S. 3(1) def. of contracted service provider inserted by No. 22/2012 s. 4(5).
"contracted service provider" means a person who has entered into a contract with the Secretary under section 10 to provide services to a person with a disability;
S. 3(1) def. of CoS supported accom-modation client inserted by No. 38/2018 s. 311, repealed by No. 9/2023 s. 4(4)(d).
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S. 3(1) def. of Department amended by Nos 19/2019 s. 4(1), 9/2023 s. 4(1)(b).
"Department" means the Department of Families, Fairness and Housing;
S. 3(1) def. of detain amended by No. 19/2019 s. 19(2)(b).
"detain", in Part 8, means a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another person and includes—
(a) physically locking a person in any premises; and
(b) constantly supervising or escorting a person to prevent the person from exercising freedom of movement;
"developmental delay" means a delay in the development of a child under the age of 6 years which—
(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and
(b) is manifested before the child attains the age of 6 years; and
(c) results in substantial functional limitations in one or more of the following areas of major life activity—
(i) self-care;
(ii) receptive and expressive language;
(iii) cognitive development;
(iv) motor development; and
(d) reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated;
"disability" in relation to a person means—
(a) a sensory, physical or neurological impairment or acquired brain injury or any combination thereof, which—
(i) is, or is likely to be, permanent; and
(ii) causes a substantially reduced capacity in at least one of the areas of self-care, self‑management, mobility or communication; and
(iii) requires significant ongoing or long term episodic support; and
(iv) is not related to ageing; or
(b) an intellectual disability; or
(c) a developmental delay;
"disability service" means a service specifically for the support of persons with a disability which is provided by a disability service provider;
"disability service provider" means—
(a) the Secretary; or
(b) a person or body registered on the register of disability service providers;
S. 3(1) def. of disability service provider providing residential services inserted by No. 22/2012 s. 4(5).
"disability service provider" providing residential services includes a disability service provider taken to be providing residential services under section 3A;
"Disability Services Commissioner" means the Disability Services Commissioner appointed under section 14 and includes the Acting Disability Services Commissioner appointed under section 15;
S. 3(1) def. of Disability Services Board repealed by No. 9/2023 s. 4(1)(c).
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S. 3(1) def. of Disability Worker Registration Board inserted by No. 34/2020 s. 193(a).
"Disability Worker Registration Board" means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018 ;
S. 3(1) def. of DSOA client inserted by No. 9/2023 s. 4(4)(c).
"DSOA client" means an older person—
(a) who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and
(b) who is not an NDIS participant;
S. 3(1) def. of DSOA client's guardian inserted by No. 9/2023 s. 4(4)(c).
"DSOA client's guardian" means—
(a) the guardian of the DSOA client—
(i) appointed under the Guardianship and Administration Act 2019 ; or
(ii) appointed by the court; or
(b) the attorney of the DSOA client appointed to be responsible for the DSOA client's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 ;
S. 3(1) def. of exempt service provider inserted by No. 33/2017 s. 4(1).
"exempt service provider" means a disability service provider or a regulated service provider—
(a) who is prescribed as an exempt service provider; or
(b) who is of a class of disability service provider or regulated service provider that is prescribed as exempt service providers;
"facilities" means—
(a) land or buildings intended for use for storage space or car parking;
(b) laundry facilities;
(c) cooking facilities;
(d) recreational areas;
(e) garbage storage and disposal facilities;
(f) bathroom, toilet and washing facilities;
(g) appliances for heating or cooling premises;
(h) communications facilities;
(i) lawns, gardens and outhouses;
(j) stairways—
provided for the use of a resident otherwise than as a part of the room;
S. 3(1) def. of Fair Work Australia inserted by No. 74/2009 s. 10(1), repealed by No. 13/2022 s. 72(1)(a).
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S. 3(1) def. of Fair Work Commission inserted by No. 13/2022 s. 72(1)(b).
"Fair Work Commission" has the same meaning as in the Fair Work Act 2009 of the Commonwealth;
S. 3(1) def. of follow up investigation inserted by No. 33/2017 s. 4(1).
"follow up investigation" means an investigation under section 128R(1) ;
"forensic resident" has the same meaning as it has in section 3(1) of the
Crimes (Mental Impairment and Unfitness
to be Tried) Act 1997 ;
S. 3(1) def. of former disability service provider inserted by No. 19/2019 s. 19(1).
"former disability service provider" means a person or body whose registration as a disability service provider has lapsed or has been revoked;
S. 3(1) def. of former regulated service provider inserted by No. 19/2019 s. 19(1).
"former regulated service provider" means a person or body that has ceased to be a regulated service provider;
S. 3(1) def. of funded service provider inserted by No. 22/2012 s. 4(5).
"funded service provider" means a person who—
(a) provides services to a person with a disability; and
(b) receives from the Secretary funding provided under section 9 for the purpose of providing those services;
S. 3(1) def. of group home inserted by No. 22/2012 s. 4(5).
"group home" means a residential service which is declared to be a group home under section 64;
S. 3(1) def. of Health Complaints
Commis-
sioner inserted by No. 33/2017 s. 4(1).
"Health Complaints Commissioner" has the same meaning as Commissioner has in the Health Complaints Act 2016 ;
S. 3(1) def. of health information inserted by No. 9/2023 s. 4(2).
"health information" has the same meaning as in the Health Records Act 2001 ;
S. 3(1) def. of IBAC inserted by No. 33/2017 s. 4(1).
"IBAC" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of individual initiated investigation inserted by No. 33/2017 s. 4(1).
"individual initiated investigation" means an initiated investigation under section 128B(1)(b);
S. 3(1) def. of initiated investigation inserted by No. 33/2017 s. 4(1).
"initiated investigation" means an investigation under section 128B(1) ;
"intellectual disability", in relation to a person over the age of 5 years, means the concurrent existence of—
(a) significant sub-average general intellectual functioning; and
(b) significant deficits in adaptive behaviour—
each of which became manifest before the age of 18 years;
S. 3(1) def. of leave of absence amended by No. 19/2019 s. 126(b).
"leave of absence" means temporary leave from a residential treatment facility under section 156 given to a resident in accordance with the resident's treatment plan;
S. 3(1) def. of mechanical restraint substituted by No. 19/2019 s. 19(2)(c).
"mechanical restraint" has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;
S. 3(1) def. of Mental Health Complaints Commis--sioner inserted by No. 33/2017 s. 4(1), substituted as Mental Health and Wellbeing Commission by No. 39/2022 s. 821(1) (as amended by No. 20/2023 s. 49(7)).
"Mental Health and Wellbeing Commission "means the Mental Health and Wellbeing Commission established by section 411 of the Mental Health and Wellbeing Act 2022 ;
S. 3(1) def. of Minister repealed by No. 33/2017 s. 4(2).
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S. 3(1) def. of Minister approved premises inserted by No. 9/2023 s. 4(2).
"Minister approved premises "means a premises specified by the Minister under section 129AA;
S. 3(1) def. of Minister approved premises resident inserted by No. 9/2023 s. 4(2).
"Minister approved premises resident" means—
(a) a person with a disability living in a Minister approved premises; or
(b) an NDIS participant living in a Minister approved premises; or
(c) a DSOA client living in a Minister approved premises;
S. 3(1) def. of NDIA inserted by No. 33/2017 s. 4(1), amended by No. 19/2019 s. 19(2)(d).
"NDIA" has the same meaning as Agency has in the NDIS Act;
S. 3(1) def. of NDIS inserted by No. 38/2018 s. 311, amended by No. 19/2019 s. 145(3)(a).
"NDIS" means the National Disability Insurance Scheme within the meaning of the NDIS Act;
S. 3(1) def. of NDIS Act inserted by No. 19/2019 s. 19(1).
"NDIS Act" means the National Disability Insurance Scheme Act 2013 of the Commonwealth;
S. 3(1) def. of NDIS behaviour support plan inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).
"NDIS behaviour support plan" means a plan developed by an NDIS behaviour support practitioner for an NDIS participant or a DSOA client;
S. 3(1) def. of NDIS behaviour support practitioner inserted by No. 19/2019 s. 19(1).
"NDIS behaviour support practitioner" means a person whom the NDIS Commissioner considers is suitable to undertake behaviour support assessments and to develop NDIS behaviour support plans that may contain the use of restrictive practices;
S. 3(1) def. of NDIS Commis-sioner inserted by No. 19/2019 s. 19(1).
"NDIS Commissioner" means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;
S. 3(1) def. of NDIS dwelling inserted by No. 19/2019 s. 19(1).
"NDIS dwelling" means—
(a) an SDA enrolled dwelling; and
(b) a short-term accommodation and assistance dwelling;
S. 3(1) def. of NDIS participant inserted by No. 38/2018 s. 311.
"NDIS participant" means a person who is a participant in the NDIS;
S. 3(1) def. of NDIS participant's guardian inserted by No. 19/2019 s. 19(1), amended by No. 19/2019 s. 145(4)(a).
"NDIS participant's guardian" means—
(a) the NDIS participant's guardian—
(i) appointed under the Guardianship and Administration Act 2019 ; or
(ii) appointed by the court; or
(iii) if the NDIS participant is a child, the child's guardian, whether or not the natural parent of the child; or
(b) the attorney of the NDIS participant appointed to be responsible for the NDIS participant's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 ;
S. 3(1) def. of NDIS plan inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).
"NDIS plan" means a plan (other than an NDIS behaviour support plan) for an NDIS participant or a DSOA client that is in effect under section 37 of the NDIS Act;
S. 3(1) def. of NDIS provider inserted by No. 19/2019 s. 19(1).
"NDIS provider" has the same meaning as in the NDIS Act and includes registered NDIS providers;
S. 3(1) def. of NDIS Quality and Safeguards Commission inserted by No. 19/2019 s. 19(1).
"NDIS Quality and Safeguards Commission" means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;
S. 3(1) def. of NDIS (Restrictive Practices and Behaviour Support) Rules inserted by No. 19/2019 s. 19(1).
"NDIS (Restrictive Practices and Behaviour Support) Rules" means the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (however titled) of the Commonwealth, as in force from time to time, under the NDIS Act;
S. 3(1) def. of NDIS worker screening check inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).
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S. 3(1) def. of NDIS worker screening legislation inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).
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S. 3(1) def. of NDIS worker screening unit inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).
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"notice of intention to vacate" means a notice given under section 80;
"notice of temporary relocation" means a notice given under section 74;
S. 3(1) def. of notice to take action inserted by No. 33/2017 s. 4(1).
"notice to take action" means a notice given by the Disability Services Commissioner under—
(a) section 119(1)(a) that specifies action to be taken under section 119(1)(c) ; or
(b) section 128F that specifies action to be taken under section 128G; or
(c) section 128N that specifies action to be taken;
"notice to vacate" means a notice given under section 76 ;
S. 3(1) def. of Ombudsman inserted by No. 33/2017 s. 4(1).
"Ombudsman" means the Ombudsman appointed under the Ombudsman Act 1973 ;
"person" includes a body or association (corporate or unincorporate) and a partnership;
S. 3(1) def. of personal information inserted by No. 9/2023 s. 4(2).
"personal information" has the same meaning as in the Privacy and Data Protection Act 2014 ;
S. 3(1) def. of physical restraint inserted by No. 19/2019 s. 19(1).
"physical restraint" has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 45.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 48(1), substituted by No. 27/2018 s. 358(1).
"Post Sentence Authority" means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018 ;
"premises" means a structure that is designed to be used for human habitation and the area outside that structure which is part of the property on which the premises is located and includes—
(a) the room occupied or to be occupied by a resident;
(b) any common area;
(c) any facilities;
S. 3(1) def. of prescribed service provider inserted by No. 33/2017 s. 4(1).
"prescribed service provider" means a person—
(a) who provides services to a person with a disability specifically for the support of that person; and
(b) who is—
(i) prescribed for the purposes of this definition; or
(ii) of a class of service provider prescribed for the purposes of this definition;
S. 3(1) def. of primary service provider inserted by No. 9/2023 s. 4(2).
primary service provider has the meaning given by section 3C;
"prison" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of Public Advocate substituted by No. 13/2019 s. 221(Sch. 1 item 12.1(a)).
"Public Advocate" has the same meaning as in the Guardianship and Administration Act 2019 ;
S. 3(1) def. of referral investigation inserted by No. 33/2017 s. 4(1).
"referral investigation" means an investigation under section 128I(1) ;
S. 3(1) def. of region amended by No. 26/2014 s. 455(Sch. item 35).
"region" has the same meaning as in the Supported Residential Services (Private Proprietors) Act 2010 ;
"register of disability service providers" means the register of disability service providers kept under section 46;
S. 3(1) def. of registered medical practitioner inserted by No. 13/2010 s. 51(Sch. item 19).
"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of registered NDIS provider inserted by No. 19/2019 s. 19(1).
"registered NDIS provider" has the same meaning as in the NDIS Act;
S. 3(1) def. of regulated disability service inserted by No. 33/2017 s. 4(1).
"regulated disability service" means any of the following—
(a) a service provided to a person with a disability by a contracted service provider;
(b) a service provided to a person with a disability by a funded service provider;
(c) a service provided to a person with a disability specifically to support that person by a prescribed service provider;
S. 3(1) def. of regulated restrictive practice inserted by No. 19/2019 s. 19(1).
"regulated restrictive practice" has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;
S. 3(1) def. of regulated service provider inserted by No. 33/2017 s. 4(1).
"regulated service provider" means any of the following—
(a) a contracted service provider;
(b) a funded service provider;
(c) a prescribed service provider;
"rent component" means an amount for the use by a resident of the room, any common area and the premises;
"resident" means a person who receives disability services in a residential service;
S. 3(1) def. of resident's administrator amended by No. 57/2014 s. 151(1).
"resident's administrator" means the resident's attorney appointed under an enduring power of attorney under the Powers of Attorney Act 2014 to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;
S. 3(1) def. of resident's guardian substituted by No. 57/2014 s. 151(2), amended by No. 13/2019 s. 221(Sch. 1 item 12.1(b)).
"resident's guardian" means—
(a) the resident's guardian—
(i) appointed under the Guardianship and Administration Act 2019 ; or
(ii) appointed by the court; or
(iii) if the resident is a child, the child's guardian, whether or not the natural parent of the child; or
(b) the attorney of the resident appointed to be responsible for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 ;
"residential charge" means a charge comprising the rent component or both the rent component and the services component;
S. 3(1) def. of residential institution repealed by No. 19/2019 s. 126(d).
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S. 3(1) def. of residential service substituted by Nos 22/2012 s. 4(4), 9/2023 s. 4(3)(b).
"residential service" means—
(a) residential accommodation—
(i) provided by, on behalf of, or by arrangement with, a disability service provider; and
(ii) provided as accommodation in which residents are provided with disability services; and
(iii) supported by rostered staff that are provided by a disability service provider; and
(iv) admission to which is approved by the Secretary; or
Example
A residential treatment facility or specialist forensic disability accommodation.
(b) prescribed accommodation; or
(c) accommodation provided by, on behalf of, or by arrangement with, a disability service provider that is approved by the Senior Practitioner under section 187;
"residential treatment facility" means a premises or program proclaimed to be a residential treatment facility under section 151;
"residential treatment order" has the same meaning as it has in section 3(1) of the Sentencing Act 1991 ;
"Residents' Trust Fund" means the Residents' Trust Fund continued under section 91;
S. 3(1) def. of restrictive practice inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).
"restrictive practice" means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability or of an NDIS participant or a DSOA client;
"RTO resident" means a person who is subject to a residential treatment order;
S. 3(1) def. of restraint repealed by No. 19/2019 s. 19(3)(b).
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S. 3(1) def. of restrictive intervention repealed by No. 19/2019 s. 19(3)(c).
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"room" means a room in a premises where the room is occupied or intended to be occupied by a person who has a right to occupy the room for the purpose of a residence together with a right to use in common with others common areas in the premises;
S. 3(1) def. of SDA enrolled dwelling inserted by No. 38/2018 s. 311, amended by Nos 19/2019 ss 145(3)(b), 146(1), 9/2023 s. 4(3)(a).
"SDA enrolled dwelling" means a permanent dwelling—
(a) that provides long-term accommodation for one or more SDA residents; and
(b) that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth as in force from time to time or under other rules made under the NDIS Act; and
(c) that may comprise of—
(i) an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or
(ii) the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or
(iii) the dwelling as a whole occupied under a residential rental agreement (within the meaning of the Residential Tenancies Act 1997 ) by at least one SDA resident and other occupants who may or may not be SDA residents;
S. 3(1) def. of SDA provider inserted by No. 38/2018 s. 311, substituted by No. 19/2019 s. 145(1).
"SDA provider" means a person—
(a) who is a registered NDIS provider; and
(b) who provides specialist disability accommodation; and
(c) who is the owner or leaseholder of an SDA enrolled dwelling;
S. 3(1) def. of SDA recipient inserted by No. 19/2019 s. 19(1).
"SDA recipient "means an NDIS participant who is funded to reside in an SDA enrolled dwelling;
S. 3(1) def. of SDA residency agreement inserted by No. 38/2018 s. 311, substituted by No. 19/2019 s. 145(2).
"SDA residency agreement "means an agreement entered into or established under section 498F of the Residential Tenancies Act 1997 between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling;
S. 3(1) def. of SDA resident inserted by No. 38/2018 s. 311, amended by No. 9/2023 s. 4(4)(a).
"SDA resident" means—
(a) a person who is an SDA recipient;
(b) a person who is a DSOA client;
S. 3(1) def. of SDA resident's guardian inserted by No. 19/2019 s. 19(1), amended by No. 19/2019 s. 145(4)(b).
"SDA resident's guardian" means—
(a) the SDA resident's guardian—
(i) appointed under the Guardianship and Administration Act 2019 ; or
(ii) appointed by the court; or
(iii) if the SDA resident is a child, the child's guardian, whether or not the natural parent of the child; or
(b) the attorney of the SDA resident appointed to be responsible for the SDA resident's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 ;
S. 3(1) def. of seclusion substituted by No. 19/2019 s. 19(2)(e).
"seclusion" has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;
S. 3(1) def. of Secretary substituted by No. 29/2010 s. 7.
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;
"security order" means a security order made under section 166 ;
"security resident" means a person in respect of whom a security order is in force;
"Senior Practitioner" means the person appointed as the Senior Practitioner under section 23;
"services component" means an amount for whichever of the following service items are provided to a resident—
(a) utilities;
(b) communications including telephone;
(c) bedding and linen;
(d) food;
(e) general household consumable supplies;
(f) communal furnishings and whitegoods;
(g) household equipment and utensils;
(h) replacement of items specified in subparagraphs (b), (c), (e), (f), or (g) following wear and tear or accidental damage;
S. 3(1) def. of short-term accom-modation and assistance dwelling inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(e).
"short-term accommodation and assistance dwelling" means accommodation for an NDIS participant or a DSOA client—
(a) that is provided on a short-term basis and is not a private home; and
(b) at which a registered NDIS provider provides supports and living assistance to the NDIS participant or DSOA client;
S. 3(1) def. of special leave amended by No. 19/2019 s. 126(c).
"special leave" means leave from a residential treatment facility under section 157;
S. 3(1) def. of specialist forensic disability accom-modation inserted by No. 9/2023 s. 4(3)(c).
"specialist forensic disability accommodation" means accommodation determined by the Secretary to be specialist forensic disability accommodation under section 61B;
S. 3(1) def. of State Coroner inserted by No. 33/2017 s. 4(1).
"State Coroner "has the same meaning as in the Coroners Act 2008 ;
"supervised treatment" means treatment used on a person with an intellectual disability under a supervised treatment order;
S. 3(1) def. of supervised treatment order amended by No. 9/2023 s. 4(1)(f).
"supervised treatment order" means a civil order made in respect of a person with an intellectual disability under section 193;
"support plan" means a support plan prepared under section 54 for a person with a disability who is receiving on-going disability services;
S. 3(1) def. of Supported Independent Living provider inserted by No. 19/2019 s. 19(1).
"Supported Independent Living provider "means a registered NDIS provider that provides supported independent living assistance;
S. 3(1) def. of systemic initiated investigation inserted by No. 33/2017 s. 4(1).
"systemic initiated investigation" means an initiated investigation under section 128B(1)(a);
S. 3(1) def. of treatment plan amended by Nos 19/2019 s. 19(2)(f), 9/2023 s. 4(1)(g).
"treatment plan" means a plan for the use of treatment on a person with a disability or an NDIS participant prepared under section 153, 167, 180(6) or 189;
"urgent repairs" means any work necessary to repair or remedy—
(a) a burst water service; or
(b) a blocked or broken lavatory system; or
(c) a serious roof leak; or
(d) a gas leak; or
(e) a dangerous electrical fault; or
(f) flooding or serious flood damage; or
(g) serious storm or fire damage; or
(h) a failure or breakdown of any essential service or appliance provided by a disability service provider for hot water, water, cooking, heating or laundering; or
(i) a failure or breakdown of the gas, electricity or water supply to a residential service; or
(j) an appliance, fitting or fixture provided by a disability service provider that uses or supplies water and that is malfunctioning in a way that results or will result in a substantial amount of water being wasted; or
(k) any fault or damage that makes a room or residential service unsafe or insecure; or
(l) a serious fault in a staircase; or
(m) any damage of a prescribed class;
S. 3(1) def. of Victoria Police inserted by No. 33/2017 s. 4(1).
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Victorian Disability Advisory Council amended by No. 34/2020 s. 193(b).
"Victorian Disability Advisory Council" means the Council established under section 11;
S. 3(1) def. of Victorian Disability Worker Commission inserted by No. 34/2020 s. 193(a).
"Victorian Disability Worker Commission" means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018 ;
S. 3(1) def. of Victorian Disability Worker Commis-sioner inserted by No. 34/2020 s. 193(a), amended by No. 9/2023 s. 4(4)(b).
"Victorian Disability Worker Commissioner" means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018 ;
S. 3(1) def. of Victorian WorkCover Authority inserted by No. 9/2023 s. 4(4)(c).
"Victorian WorkCover Authority" has the same meaning as Authority has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013 .
S. 3(2) repealed by No. 19/2019 s. 4(2).
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S. 3A inserted by No. 22/2012 s. 5.