Victorian Consolidated Legislation

Disability Act 2006 - SECT 87

Admission to residential institutions

87. Admission to residential institutions



(1) A person with an intellectual disability may be admitted to a residential
institution if the Secretary is satisfied that-

   (a)  the person requires services which can be provided by admission to the
        residential institution; and

   (b)  one or more of the criteria specified in subsection (2) applies to the
        person.

(2) The criteria is-

   (a)  admission to a residential institution provides the best possible
        choice of services for enhancing the person's independence and
        self-sufficiency and is least likely to produce regression, loss of
        skills or other harm to that person; or

   (b)  admission to a residential institution is the option which is the
        least restrictive of the person as is possible in the circumstances;
        or

   (c)  unless the person is admitted to a residential institution the person
        or any person with whom he or she resides will suffer serious physical
        or emotional harm.

(3) An admission to a residential institution is to be for such period as the
Secretary considers appropriate.

(4) Subsection (3) does not prevent the re-admission of a person to a
residential institution as often as is necessary.

(5) Any person who is a resident in a residential institution at the
commencement of this section is to be taken to have been admitted to a
residential institution under this section.