Victorian Consolidated Legislation

Disability Act 2006 - SECT 93

Management of money of a resident

93. Management of money of a resident



(1) A disability service provider providing residential services may manage or
control an amount of money of a resident, being not greater than the
prescribed amount, if the disability service provider has written consent to
do so from the resident or the resident's guardian or the resident's
administrator.

(2) If at any time the amount of the money of a resident held by a disability
service provider under subsection (1) exceeds the prescribed amount and the
money of the resident is not to be used within the next 14 days, the money
must be-

   (a)  held on trust on behalf of the resident; and

   (b)  deposited in a trust account until it is dealt with on behalf of the
        resident.

Penalty: 60 penalty units.

(3) If a disability service provider providing residential services manages or
controls the money of a resident, the disability service provider must-

   (a)  keep a copy of the consent for that management or control;

   (b)  keep the money of the resident in a secure place;

   (c)  maintain an accurate and up to date financial management system which
        provides a record of-

   (i)  the money of the resident;

   (ii) the receipt and expenditure by the disability service provider of the
        money of the resident;

   (iii) any investment of the money of the resident;

   (d)  ensure that records kept under paragraph (c) individually itemise each
        transaction made on behalf of the resident.

Penalty: 60 penalty units.



(4) A disability service provider who manages or controls the money of a
resident must provide a statement at the end of each month to the resident or
the resident's guardian or the resident's administrator specifying-

   (a)  the current balance held on behalf of the resident;

   (b)  any income received and expenditure incurred on behalf of the resident
        since the previous statement;

   (c)  the current status of any liabilities incurred on behalf of the
        resident.

Penalty: 60 penalty units.

(5) The disability service provider must, upon request, give access to the
resident's financial records held by the disability service provider to the
resident or the resident's guardian or the resident's administrator.

Penalty: 60 penalty units.

(6) The disability service provider or a person employed by the disability
service provider must not accept appointment as a resident's guardian or
resident's administrator in respect of any resident of
the residential service.

Penalty: 60 penalty units.

(7) In this section, money of a resident does not include money-

   (a)  payable to the disability service provider in relation to services
        provided by the disability service provider; or

   (b)  paid by the Secretary to a person to purchase disability services to
        be provided to the resident.