Victorian Consolidated Legislation

Disability Act 2006 - SECT 57

Residential statement

57. Residential statement



(1) 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.

(2) The residential statement must specify-

   (a)  the period to which the residential statement relates;

   (b)  details of the residential services to be provided;

   (c)  the name and contact details of the disability service provider, and
        if the disability service provider has an agent, the name and contact
        details of the agent;

   (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;

   (e)  any conditions which apply to the provision of
        the residential services;

Example A resident may have a behaviour management plan with which the
resident must comply.

   (f)  information relating to a matter which is prescribed for the purposes
        of this section.

(3) A residential statement may include other information.

(4) A residential statement must not include information that is inconsistent
with this Act.

(5) If any information provided under subsection (3) is inconsistent with this
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.

(7) The statement of resident's rights and duties must state the rights and
duties of a resident under this Act including-

   (a)  the right to see a community visitor;

   (b)  the right to make a complaint;

   (c)  the procedures for making a complaint or seeking a review under this
        Act.

(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).

(11) If a disability service provider includes details of their agent in the
residential statement, a reference in this Part to the disability
service provider includes a reference to their agent.



(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.