Victorian Consolidated Legislation

Disability Act 2006 - SECT 70

Residential charge must be reduced if service items are reduced

70. Residential charge must be reduced if service items are reduced



(1) If a disability service provider reduces the service items provided in the
services component included in a residential charge, the disability
service provider must reduce the residential charge by-

   (a)  the amount agreed between the disability service provider and the
        resident; or

   (b)  if agreement cannot be reached, an amount determined by VCAT on an
        application by the disability service provider or the resident.

(2) In determining an amount under subsection (1)(b), VCAT must have regard
to-

   (a)  what other residents in the community residential unit are being
        charged for those service items;

   (b)  guidelines issued by the Secretary for the purposes of section 65.

(3) If VCAT determines an amount under subsection (1)(b), it may also order
that-

   (a)  the reduction in the residential charge is to take effect from the
        time the disability service provider reduced the service items
        provided to the resident;



   (b)  the disability service provider is to refund to the resident any
        excess residential charge paid by the resident from the time the
        disability service provider reduced the service items provided to the
        resident until the date of the order.

(4) In this section, a reduction in the service items provided in the services
component included in a residential charge includes-

   (a)  a reduction of a service item by reducing the level or range of
        services provided in that item;

   (b)  a termination in the provision of a service item.