Victorian Consolidated Legislation

Disability Act 2006 - SECT 60

Entry to a resident's room

60. Entry to a resident's room



(1) After giving the resident 24 hours notice in writing of the intention to
do so and the reason, a disability service provider may enter a resident's
room-

   (a)  to undertake refurbishment, maintenance or repairs or for the purpose
        of preparing for refurbishment, maintenance or repairs;

   (b)  for the purpose of showing the room to a prospective resident;

   (c)  for the purpose of showing the room to a prospective buyer or lender
        because the residential service is to be sold or used as security for
        a loan;

   (d)  for valuation or insurance purposes.

(2) A disability service provider may enter a resident's room without giving
notice only if-

   (a)  the resident agrees to the entry at the time entry is sought; or

   (b)  there is an emergency; or

   (c)  if the disability service provider believes on reasonable grounds that
        entry is necessary to protect the health or safety of the resident or
        of any other person on the premises; or

   (d)  if the disability service provider believes on reasonable grounds that
        the resident has abandoned the room; or

   (e)  it is necessary to do so to undertake urgent repairs; or

   (f)  it is necessary to do so to provide support services or to provide
        support as otherwise specified in the resident's support plan; or

   (g)  entry is required to implement the resident's behaviour management
        plan or treatment plan.

(3) For the purposes of subsection (2)(f), support services means-

   (a)  assistance with one or more of the following-

   (i)  health needs; or

   (ii) bathing, showering or personal hygiene; or

   (iii) toileting; or

   (iv) dressing or undressing; or

   (v)  meals; or

   (b)  physical assistance for persons with mobility problems; or

   (c)  assistance for persons who are mobile but require some form of
        supervision or assistance; or

   (d)  development of independent living skills; or

   (e)  provision of developmental or emotional support.

(4) This section does not affect the exercise of a right of entry conferred on
the Senior Practitioner, a Community Visitor, the Disability Services
Commissioner or the Secretary by or under this Act.