Victorian Consolidated Legislation

Disability Act 2006 - SECT 3

Definitions

3. Definitions



(1) In this Act-

authorised officer means a person appointed as an authorised officer under
section 207; Authorised Program Officer means a person appointed under section
139 or 190; behaviour management plan means a plan developed for a person with
a disability which specifies a range of strategies to be used in managing 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; chemical restraint means the use, for the primary
purpose of the behavioural control of a person with a disability, of a
chemical substance to control or subdue the person but does not include the
use of a drug prescribed by a registered medical practitioner for the
treatment, or to enable the treatment, of a mental illness or a physical
illness or physical condition; 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; community residential unit means a residential service
which is declared to be a community residential unit under section 64;
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;

compulsory treatment means treatment of a person who is-

   (a)  admitted to
        a residential treatment facility or a residential institution under an
        order specified in section 152(2); or

   (b)  subject to a supervised treatment order; Department means the
        Department of Human Services; detain, in Part 8, 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;

Disability Services Commissioner means the Disability Services Commissioner
appointed under section 14 and includes the Acting Disability Services
Commissioner appointed under section 15; Disability Services Board means the
Disability Services Board established under section 20; 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; 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;





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; leave of absence means temporary
        leave from a residential treatment facility under section 156 or from
        a residential institution under section 170 given to a resident in
        accordance with the resident's treatment plan; mechanical restraint
        means the use, for the primary purpose of the behavioural control of a
        person with a disability, of devices to prevent, restrict or subdue a
        person's movement but does not include the use of devices-

   (a)  for therapeutic purposes; or

   (b)  to enable the safe transportation of the person; Minister means the
        Minister for Community Services; notice of intention to vacate means a
        notice given under section 80; notice of temporary relocation means a
        notice given under section 74; notice to vacate means a notice given
        under section 76; person includes a body or association (corporate or
        unincorporate) and a partnership; 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; prison has the same meaning as in the
        Corrections Act 1986; Public Advocate means the Public Advocate
        appointed under section 12 of the
        Guardianship and Administration Act 1986; region has the same meaning
        as in the Health Services Act 1988; register of disability
        service providers means the register of disability service providers
        kept under section 46; 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;
        resident's administrator means the resident's attorney appointed under
        an enduring power of attorney to administer the resident's property or
        a person appointed by a court or tribunal as the administrator of the
        resident's property;

resident's guardian means the resident's guardian appointed under the
Guardianship and Administration Act 1986 or appointed by a court and if the
resident is a child, includes the child's guardian whether or not the natural
parent of the child; residential charge means a charge comprising the rent
component or both the rent component and the services component; residential
institution means any premises which is proclaimed to be, or deemed to be, a
residential institution under section 86; residential service means
residential accommodation with rostered staff provided by, or on behalf of, a
disability service provider for the purpose of providing disability services
to-

   (a)  one or more residents in a community residential unit; or

   (b)  one or more residents in a residential service other than a community
        residential unit; 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; RTO
        resident means a person who is subject to a residential treatment
        order; restraint means chemical restraint or mechanical restraint;
        restrictive intervention means any intervention that is used to
        restrict the rights or freedom of movement of a person with a
        disability including-

   (a)  chemical restraint;

   (b)  mechanical restraint;

   (c)  seclusion; 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; seclusion means the
        sole confinement of a person with a disability at any hour of the day
        or night-

   (a)  in any room in the premises where disability services are being
        provided of which the doors and windows cannot be opened by the person
        from the inside; or

   (b)  in any room in the premises where disability services are being
        provided of which the doors and windows are locked from the outside;
        or

   (c)  to a part of any premises in which disability services are being
        provided; Secretary means the Secretary to 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; special leave means
        leave from a residential treatment facility under section 157 or from
        a residential institution under section 171; supervised treatment
        means treatment used on a person with an intellectual disability under
        a supervised treatment order; supervised treatment order means a civil
        order made in respect of a person with an intellectual disability
        under section 191; support plan means a support plan prepared under
        section 54 for a person with a disability who is receiving on-going
        disability services; treatment plan means a plan for the use of
        treatment on a person with a disability prepared under section 153,
        167, 180(6) or 191;

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; Victorian Disability Advisory
        Council means the Council established under section 11.

(2) If under the Public Administration Act 2004 the name of the Department is
changed, the reference in the definition of "Department" in subsection (1) to
the "Department of Human Services" is from the date when the name is changed
to be taken to be a reference to the Department by its new name.

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