DISABILITY ACT 2006 - SECT 58 Duties of disability service provider providing residential services

DISABILITY ACT 2006 - SECT 58

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

S. 58(1)(a) amended by No. 9/2023 s. 30(1)(a).

        (a)     take reasonable measures to ensure that residents are treated with dignity and respect;

        (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;

S. 58(1)(e) amended by No. 9/2023 s. 30(1)(b).

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

S. 58(1)(f) amended by No. 9/2023 s. 30(1)(c).

        (f)     subject to subsection (2A), 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—

S. 58(1)(h)(i) amended by No. 22/2012 s. 16(1).

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

S. 58(1)(h)(ii) amended by Nos 22/2012 s. 16(1), 9/2023 s. 30(1)(d).

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

S. 58(1)(ha) inserted by No. 9/2023 s. 30(1)(e).

        (ha)     take reasonable steps to support the resident in relation to the implementation of any treatment plan or behaviour support plan and in relation to community access;

S. 58(1)(hb) inserted by No. 9/2023 s. 30(1)(e).

        (hb)     disclose information relating to the treatment, support and safety needs of the resident with other service providers in accordance with this Act or any other Act;

S. 58(1)(i) substituted by No. 9/2023 s. 30(1)(f).

              (i)     ensure—

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

              (ii)     that it complies with section 7 for the purposes of providing advice, information or notices to residents;

S. 58(1)(j) inserted by No. 9/2023 s. 30(1)(f).

        (j)     take reasonable steps to support a person with a disability to understand and comply with any direction or order, or condition on any order, or any treatment plan, that the person is subject to and which requires the person to live at the residential service;

S. 58(1)(k) inserted by No. 9/2023 s. 30(1)(f).

        (k)     if the disability service provider suspects that a direction or an order, or condition on any order, that a person with a disability is subject to and that requires the person to live at the residential service has been breached, report the suspected breach to the responsible authority.

    (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—

S. 58(2)(a) amended by No. 22/2012 s. 16(2).

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

        (b)     the resident's treatment plan; or

S. 58(2)(c) amended by Nos 22/2012 s. 16(2), 9/2023 s. 30(2)(a).

        (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 support plan or treatment plan; or

S. 58(2)(d) inserted by No. 9/2023 s. 30(2)(b).

        (d)     a direction, a civil or criminal order or a condition on any order to which the resident is subject requiring the person to reside at the residential service.

S. 58(2A) inserted by No. 9/2023 s. 30(3).

    (2A)     For the purposes of subsection (1)(f), a resident's privacy or proper use and enjoyment of the premises is not unreasonably interfered with or limited if the limitation or restriction is imposed by the disability service provider in accordance with—

        (a)     the resident's behaviour support 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 support plan or treatment plan; or

        (d)     a direction, a civil or criminal order, or condition on any order to which the resident is subject requiring the person to reside at the residential service.

S. 58(3) amended by No. 9/2023 s. 30(4).

    (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) or (2A) 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.

S. 58(5) inserted by No. 9/2023 s. 30(5).

    (5)     In this section—

"responsible authority" means—

        (a)     the entity responsible for supervising an order a person with a disability is subject to that requires the person to reside at a residential service; or

        (b)     the person who has directed a person with a disability to reside at a residential service.