Victorian Consolidated Legislation

Disability Act 2006 - SECT 58

Duties of disability service provider providing residential services

58. Duties of disability service provider providing residential services



(1) A disability service provider providing residential services must-

   (a)  take reasonable measures to ensure that residents are treated with
        dignity and respect and with due regard to their entitlement to
        privacy;

   (b)  ensure that the premises in which the residential services are
        provided and any fixtures, furniture and equipment provided are
        maintained in good repair;

   (c)  minimise any inconvenience or disruption to residents when undertaking
        repairs or renovations;

   (d)  take reasonable steps to ensure that any repairs or renovations are
        completed in a timely and reasonable manner;

   (e)  subject to subsection (2), not unreasonably limit or interfere with a
        resident's access to his or her room or to the toilet, bathroom or
        other common areas in the premises which are available for the
        resident's use;

   (f)  not unreasonably interfere with a resident's right to privacy or
        proper use and enjoyment of the premises;

   (g)  take reasonable measures to ensure the security of a resident's
        property;



   (h)  be accessible to residents by-

   (i)  providing the contact details of the disability service provider or
        their agent; and

   (ii) ensuring that the times during which the disability service provider
        or their agent can be contacted are reasonable having regard to all
        the circumstances including the kind of support services being
        provided to residents;

        (i)    ensure that residents receive any information which they are
               required to be given under this Part.

(2) For the purposes of subsection (1)(e), a resident's access is not
unreasonably limited or interfered with if the limitation or restriction is
imposed by the disability service provider in accordance with-

   (a)  the resident's behaviour management plan which has been lodged with
        the Senior Practitioner; or

   (b)  the resident's treatment plan; or

   (c)  a direction in respect of the resident given to the disability
        service provider by the Senior Practitioner, including a direction
        requiring an amendment to the resident's behaviour management plan or
        treatment plan.

(3) A disability service provider must implement strategies to minimise the
impact on other residents in the residential service of a limitation or
restriction to which subsection (2) applies.





(4) The duties imposed on a disability service provider by this section are to
be given effect to having regard to the need to ensure that there is a
reasonable balance between the rights of residents and the safety of all the
residents in the residential service.