DISABILITY ACT 2006 - SECT 57 Residential statement
DISABILITY ACT 2006 - SECT 57
Residential statementS. 57(1) amended by No. 22/2012 s. 15(1).
(1) Subject to subsection (1A), a disability service provider providing residential services must—
(a) give a person with a disability a residential statement in writing when they commence residing at the residential service; and
(b) provide a copy of the residential statement to the resident's guardian or the resident's administrator, if any.
S. 57(1A) inserted by No. 22/2012 s. 15(2), substituted by No. 9/2023 s. 29(1).
(1A) In circumstances where more than one disability service provider provides residential services at a residential service, only the disability service provider delivering the majority of the services at the residential service is required to comply with subsection (1).
S. 57(1B) inserted by No. 22/2012 s. 15(2), repealed by No. 9/2023 s. 29(1).
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(2) The residential statement must specify—
(a) the period to which the residential statement relates;
S. 57(2)(ab) inserted by No. 9/2023 s. 29(2)(a).
(ab) the intended period of time the person will reside at the residential service;
(b) details of the residential services to be provided;
S. 57(2)(c) substituted by No. 22/2012 s. 15(3).
(c) the name and contact details of the disability service provider;
(d) a statement as to the amount of the residential charge, what components will be provided and when and how the amount is to be paid;
S. 57(2)(e) amended by No. 22/2012 s. 15(4), substituted by No. 9/2023 s. 29(2)(b).
(e) any conditions or requirements which apply to the provision of the residential services including any of the following—
(i) restrictions that apply in the residential service;
(ii) supervision requirements that apply in the residential service;
(iii) community access and support requirements;
Example
A resident may have a behaviour support plan or a treatment plan with which the resident must comply.
S. 57(2)(ea) inserted by No. 9/2023 s. 29(2)(b).
(ea) information relating to matters which may lead to the suspension or termination of a person's residency;
S. 57(2)(eb) inserted by No. 9/2023 s. 29(2)(b).
(eb) the dates by which the residential statement is to be reviewed—
(i) the first of which being a date not later than 12 months after the date of the statement; and
(ii) any date subsequent to the first date being at least every 12 months;
S. 57(2)(ec) inserted by No. 9/2023 s. 29(2)(b).
(ec) whether any directions or civil or criminal orders apply to the person with a disability and, if appropriate, attach the conditions of the order to the residential statement;
(f) information relating to a matter which is prescribed for the purposes of this section.
(3) A residential statement may include other information.
S. 57(3A) inserted by No. 9/2023 s. 29(3).
(3A) If the treatment plan of a person with a disability is varied after they have been given a residential statement, the disability service provider must ensure that the person is given a copy of the revised conditions, requirements or restrictions as soon as practicable after the disability service provider has received a copy of the varied conditions, requirements or restrictions.
S. 57(4) amended by No. 9/2023 s. 29(4).
(4) A residential statement must not include information that is inconsistent with this Act or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act.
S. 57(5) amended by No. 9/2023 s. 29(5).
(5) If any information provided under subsection (3) is inconsistent with this Act or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act or with the information required to be provided under subsection (2), the information cannot be used or relied upon.
(6) A statement of the duties of the disability service provider and the rights and duties of residents in the form approved by the Secretary must be attached to the residential statement.
S. 57(7) amended by No. 9/2023 s. 29(6)(a).
(7) The statement of resident's rights and duties must state the rights and duties of a resident under this Act or another relevant Act including—
(a) the right to see a community visitor;
(b) the right to make a complaint;
S. 57(7)(c) amended by No. 9/2023 s. 29(6)(b).
(c) the procedures for making a complaint or seeking a review under this Act;
S. 57(7)(d) inserted by No. 9/2023 s. 29(6)(c).
(d) the rights and duties of the resident subject to any directions or orders made under any Act that requires the resident to live at the residential service including any conditions to which the resident is subject under any direction or order;
S. 57(7)(e) inserted by No. 9/2023 s. 29(6)(c).
(e) the right to seek assistance from the disability service provider to contact an advocate to support the resident in relation to any concerns the resident may have regarding any order the resident is subject to or the conditions on the order they are subject to.
(8) The disability service provider must give the resident reasonable notice in writing of any change in the information provided in the residential statement.
(9) If notice of any change in the information provided in the residential statement is given in accordance with another provision of this Act, the notice is also to be taken to have been given under subsection (8).
(10) The information provided in a residential statement is to be taken to have been updated to include the information provided under subsection (8).
S. 57(11) repealed by No. 22/2012 s. 15(5).
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(12) If a disability service provider fails to provide information required under this section or fails to give reasonable notice of any change in the information, the disability service provider cannot rely on that information to enforce a provision of this Act.