Victorian Consolidated Legislation

Disability Act 2006 - SECT 6

Persons with an intellectual disability

6. Persons with an intellectual disability



(1) The following principles apply specifically in respect of persons with an
intellectual disability-

   (a)  persons with an intellectual disability have a capacity for physical,
        social, emotional and intellectual development;

   (b)  persons with an intellectual disability have the right to
        opportunities to develop and maintain skills and to participate in
        activities that enable them to achieve valued roles in the community;

   (c)  services for persons with an intellectual disability should be
        designed and provided in a manner which maximises opportunities for
        persons living in residential institutions to live in community based
        accommodation;

   (d)  persons with an intellectual disability living in a residential
        institution have the right to a high quality of care and development
        opportunities whilst they continue to reside in the institution;

   (e)  services for persons with an intellectual disability should be
        designed and provided in a manner that ensures developmental
        opportunities exist to enable the realisation of their individual
        capacities;

   (f)  services for persons with an intellectual disability should be
        designed and provided in a manner that ensures that a particular
        disability service provider cannot exercise control over all or most
        aspects of the life of a person with an intellectual disability.





(2) The repeal of the Intellectually Disabled Persons' Services Act 1986 by
this Act does not affect the responsibility of the Minister and the Secretary
for the provision, management, development and planning of services for
persons with an intellectual disability.

(3) For the purposes of determining whether or not a person over the age of 5
years has an intellectual disability-

   (a)  if a standardised measurement of intelligence is used to assess
        general intellectual functioning and it-

   (i)  indicates that the person has an intelligence not higher than 2
        standard deviations below the population average, then he or she must
        be taken to have significant sub-average general intellectual
        functioning;

   (ii) indicates that the person has an intelligence not lower than 2
        standard deviations below the population average, then he or she must
        be taken not to have significant sub-average general intellectual
        functioning;

   (iii) is inconclusive as to whether or not the person has an intelligence
        higher or lower than 2 standard deviations below the population
        average, then the Secretary may take into account other indicators of
        general intellectual functioning in determining whether or not the
        person has significant sub-average general intellectual functioning;



   (b)  if a standardised measurement of adaptive behaviour is used to assess
        adaptive behaviour and it indicates a score at or below the second
        percentile of people of the same age and cultural group, then he or
        she must be taken to have significant deficits in adaptive behaviour.

(4) In applying a standardised measurement of intelligence for the purposes of
subsection (3)(a), the Secretary must consider the test result within the 95%
confidence level as determined by the standard error of measurement of the
test.

(5) Nothing in subsection (3) requires the Secretary to use a standardised
measurement in the assessment of intellectual disability.

(6) Section 55 provides for planning for persons with an
intellectual disability.

(7) Sections 86 to 88 provide for residential services for persons with an
intellectual disability who require admission to a residential institution.

(8) Part 8 provides for persons with an intellectual disability who require
compulsory treatment.

(9) If the Secretary is satisfied that a person has an
intellectual disability, the Secretary may for the purposes of any Act or
regulation provide a statement that a person has an intellectual disability
within the meaning of this Act.