Victorian Consolidated Legislation

Disability Act 2006 - SECT 74

Notice of temporary relocation

74. Notice of temporary relocation



(1) A disability service provider may give a resident a written notice of
temporary relocation from a community residential unit if-

   (a)  the resident by act or omission endangers the safety of other
        residents or staff of the community residential unit;

   (b)  the resident is causing serious disruption to the proper use and
        enjoyment of the premises by other residents;

   (c)  the resident is a danger to themselves and the disability
        service provider cannot continue to support the resident in the
        community residential unit;

   (d)  it is for the resident's safety or well-being;

   (e)  the resident has knowingly or intentionally damaged the room or the
        premises;

   (f)  the resident has used the premises for a purpose that is illegal at
        common law or under an Act;

   (g)  the premises is not suitable for the provision of disability services;

   (h)  the disability service provider intends to repair the room immediately
        after the notice of temporary relocation has effect and has obtained
        all necessary permits and consents to carry out the work and the work
        cannot be properly carried out unless the resident vacates the room;

        (i)    the level and kind of support services provided in the
               community residential unit is not appropriate to the needs of
               the resident because of a change in the resident's support
               needs.

(2) A notice of temporary relocation-

   (a)  has effect immediately it is given or from the time specified in the
        notice of temporary relocation;

   (b)  must specify a relocation period ending not more than 90 days after
        the date on which the notice has effect.

(3) If-

   (a)  the proposed repairs will affect a resident's room but will not affect
        all the rooms in a community residential unit; and

   (b)  a room equivalent to the resident's room at an equivalent residential
        charge is available in the community residential unit-

the disability service provider must not give the notice under subsection
(1)(h) unless the disability service provider has first offered an equivalent
room to the resident and the resident has refused to occupy that room in place
of the resident's current room.

(4) The disability service provider must notify the Secretary and the Public
Advocate of the details of a notice of temporary relocation within 24 hours of
the notice of temporary relocation being given.

(5) During the relocation period specified under subsection (2), the resident
is excluded from the room or the community residential unit as specified in
the notice of temporary relocation and is to be relocated by the disability
service provider in alternative accommodation.

(6) The disability service provider may seek the assistance of the Secretary
to obtain suitable alternative accommodation for the resident who is to be
relocated.

(7) Except as provided in subsection (8), a disability service provider must
not use the room for another resident during the relocation period specified
in the notice of temporary relocation.

(8) If the notice of temporary relocation was given on a ground other than the
ground specified in subsection (1)(h), the room may be used for respite or
emergency purposes only.

(9) At the expiry of a notice of temporary relocation, a resident is entitled
to return to the community residential unit unless a notice to vacate has been
given under section 76.

(10) If the notice of temporary relocation was given on a ground other than
the ground specified in subsection (1)(h), the disability service provider
must ensure that if a review of the resident's support plan has not been
conducted in the period of 3 months before the notice of temporary relocation
was given, a review of the resident's support plan is completed under section
54 before the notice of temporary relocation expires.

(11) If the notice of temporary relocation was given on a ground specified in
subsection (1)(a), (1)(b), (1)(c), (1)(e) or (1)(f), the disability
service provider must ensure that-

   (a)  if a review of the resident's behaviour management plan has not been
        conducted in the period of 3 months before the notice of temporary
        relocation was given, that a review of the resident's behaviour
        management plan is completed before the notice of temporary relocation
        expires; or

   (b)  if the resident does not have a behaviour management plan, that a
        behaviour management plan is prepared before the notice of temporary
        relocation expires.

(12) During the period that a resident is relocated to alternative
accommodation, including another community residential unit, the resident is
to be taken to be accommodated in emergency or transitional housing and
Division 2 does not apply in respect of that accommodation.

(13) The disability service provider must take reasonable steps to resolve the
matter giving rise to the issue of the notice of temporary relocation as soon
as is reasonably possible in the circumstances.

(14) The taking of reasonable steps to resolve the matter giving rise to the
issue of the notice of temporary relocation does not affect the continued
application of that matter as the ground for the issue of the notice of
temporary relocation.