SUPPORTED RESIDENTIAL SERVICES (PRIVATE PROPRIETORS) ACT 2010
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Meaning of prohibited transaction
- 5 Meaning of supported residential service
PART 2--OBJECTIVE, PRINCIPLES AND RESIDENTS' RIGHTS
PART 3--REGISTRATION OF SUPPORTED RESIDENTIAL SERVICES
Division 1--Offences
- 9 Offence to operate unregistered supported residential service
- 10 Offence to operate supported residential service if person is not the holder of a certificate of registration
- 11 Offence to contravene condition of registration
- 12 Offences to provide excess beds or accommodation
- 13 Offence to alter or extend premises without Secretary's approval
Division 2--Registration of a supported residential service
- 14 Application for registration
- 15 Decision on application for registration
- 16 Notification of decision regarding registration
- 17 Issue of certificate of registration
- 18 Display of certificate of registration
- 19 Duration of registration of supported residential services
Division 3--Variation of registration
- 20 Application for variation of registration
- 21 Decision on application for variation of registration
- 22 Notification of decision regarding application for variation of registration
- 23 Secretary may vary registration
- 24 Notification of decision on application for variation
Division 4--Alterations or extensions
- 25 Application for approval of alterations or extensions
- 26 Decision on application for approval of alterations or extensions
- 27 Completed works require variation of registration
Division 5--Cancellation of registration
- 28 Cancellation of registration by proprietor
- 29 Cancellation of registration by Secretary
Division 6--Changes in directors and officers
- 30 Ceasing to be director or officer of proprietor which is a body corporate
- 31 Appointment of new director or officer of proprietor which is a body corporate
- 32 Secretary to decide suitability of new directors and officers
- 33 Notification of decision
- 34 Offence to operate supported residential service with unapproved director or officer of body corporate proprietor
- 35 Death or loss of capacity of sole proprietor
- 36 Secretary may request registration statements
- 37 Proprietor must provide registration statement within 28 days
- 38 Consideration of registration statement
Division 8--Register
- 39 Register of supported residential services
- 40 Inspection of register of supported residential services
Division 9--General
- 41 Secretary may require further information
- 42 Applications withdrawn in certain circumstances
- 43 New certificate of registration to be issued in certain circumstances
PART 4--OPERATION OF SUPPORTED RESIDENTIAL SERVICES
Division 1--Information for prospective residents and new resident contact information
- 44 Information for prospective residents
- 45 Person nominated
- 46 Details of resident's guardian or resident's administrator to be recorded
Division 2--Residential and services agreements
- 47 Preparation and copies of residential and services agreements
- 48 Changes to residential and services agreements
- 49 Residential and services agreement not to be inconsistent with Act
- 50 Residential and services agreement to be signed by resident etc.
- 51 Termination by agreement
- 52 Termination after order to vacate is made
- 53 Termination on death or abandonment
- 54 Termination on moving out
- 55 Termination with consent
Division 3--Support plans
- 56 Interim support plan
- 57 Resident's on-going support plan
- 58 Notification of certain matters to person nominated
Division 4--Health and support standards and offences
- 59 Accommodation and personal support standards
- 60 Offence not to monitor health care issues
- 61 Offence not to monitor personal support issues
- 62 Enquiries, assessment and further care
Division 5--Medication
Division 6--Staffing
- 64 Minimum staff requirement
- 65 Offence to employ unsuitable persons
- 66 Requirement for criminal record checks of staff
- 67 Requirement to employ manager
- 68 Requirement to apply to Secretary for approval of manager
- 69 Further information
- 70 Decision on application for approval of manager
- 71 Notification of decision about approval of manager
- 72 Secretary may cancel approval of manager
- 73 Effect of approval or disapproval of manager
- 74 Acting manager
Division 7--Complaints
Division 8--Reporting and records
- 76 Requirement to keep prescribed records
- 77 Records and reporting of prescribed reportable incidents
- 78 Proprietor to keep records for 7 years
PART 5--MONEY AND PROPERTY OF RESIDENTS
Division 1--Money of residents
- 79 Management or control of resident's money by proprietor
- 80 Records of expenditure to be kept
- 81 Statements and access to records
- 82 Proprietor may give directions relating to resident's money
- 83 Proprietor or close associate not to be person nominated
Division 2--Prohibited transactions and reportable transactions
- 84 Proprietor or close associate not to enter into prohibited transactions
- 85 Reportable transactions
- 86 Cooling off period
- 87 Remedies
- 88 Proprietor to notify Secretary of offences
Division 3--Fees, charges and security deposits
- 89 Offence to request certain payments
- 90 Offence to request or accept security deposit that exceeds a specified amount
- 91 Offence to request or accept fees in advance that exceed a specified amount
- 92 Offence to request or accept reservation fee that exceeds a specified amount
- 93 Offence to request or accept establishment fees that exceed a specified amount
- 94 Offence not to provide prescribed statement in respect of fees etc.
- 95 Offence not to put money into trust account
- 96 Records of money held in trust account
- 97 Fees etc. to remain in trust until required
- 98 Retention of security deposit by proprietor
- 99 Offence not to return security deposit within 14 days
- 100 Condition report
- 101 Condition report is evidence of state of repair
- 102 Statement relating to use of reservation fees
- 103 Proprietor must explain fees and charges to resident
- 104 Reservation fees must be applied or refunded
- 105 Application to VCAT for refund of security deposit etc.
- 106 VCAT orders
PART 6--NOTICES TO VACATE
Division 1--General
Division 2--Notice to vacate given by proprietor
- 109 Proprietor proposes to cease carrying on the supported residential service
- 110 Resident endangers safety of other persons
- 111 Non-payment of fees
- 112 Use of supported residential service for illegal purpose
- 113 Repairs or demolition
- 114 Resident in need of more health care than available
- 115 Resident in need of more personal support than available
- 116 Serious damage
- 117 Serious interruption to quiet and peaceful enjoyment
- 118 Offence not to provide proper notice
Division 3--Notice by resident
- 119 Notice of resident's intention to vacate supported residential service
- 120 Offence to require more than 28 days notice of intention to leave supported residential service
Division 4--Enforcement
- 121 Resident may apply to VCAT
- 122 What can VCAT order?
- 123 Application by proprietor for order to vacate
- 124 Time for application for order to vacate
- 125 VCAT must make order to vacate in certain circumstances
- 126 Application for order to vacate to be dismissed or adjourned in certain circumstances
- 127 Order to vacate not to be made in certain circumstances
- 128 Contents of an order to vacate
- 129 Issue of warrant to remove resident
PART 7--MONITORING AND ENFORCEMENT
Division 1--Authorised officers
- 130 Secretary may appoint authorised officers
- 131 Identity cards
- 132 Directions
- 133 Production of identity card
Division 2--Powers of entry
- 134 Power to enter—monitoring compliance
- 135 Power to enter unregistered premises with consent
- 136 Entry to unregistered premises—search warrant
- 137 Investigating an offence—search warrant
- 138 Search warrants—general
Division 3--Procedure for entry
- 139 Announcement before exercising power of entry
- 140 Notice required if power of entry exercised without proprietor or occupier being present
- 141 Announcement before entry on warrant
- 142 Copy of warrant to be given to occupier
Division 4--Powers after entry
- 143 General powers of authorised officers
- 144 Power to direct persons to produce documents, operate equipment or answer questions
- 145 Authorised officers to give receipts for seized things and samples taken
- 146 Copies of seized documents
- 147 Retention and return of seized documents or things
- 148 Magistrates' Court may extend 3 month period
- 149 Court may order destruction of seized documents or things
- 150 Protection against self-incrimination
- 151 Police assistance
Division 5--Offences and complaints
- 152 Offence to obstruct or hinder
- 153 Offence to impersonate authorised officer
- 154 Complaints
Division 6--Infringements
- 155 Infringement notice
PART 8--FURTHER ENFORCEMENT PROVISIONS
Division 1--Undertakings
- 156 Undertakings
- 157 Compliance with and effect of undertaking
- 158 Proprietor to display undertaking
- 159 Secretary may maintain list of undertakings
Division 2--Compliance notices
- 160 Secretary may issue compliance notice
- 161 Content of compliance notice
- 162 Proprietor must comply with compliance notice
- 163 Proprietor must display compliance notice
- 164 Compliance with and effect of compliance notice
- 165 Secretary may maintain list of compliance notices
Division 3--Censure, suspension and revocation
- 166 Censure
- 167 Suspension of admissions
- 168 Revocation of registration
Division 4--Appointment of an administrator
- 169 Displacement of other laws—appointment of administrator
- 170 Minister may appoint administrator of supported residential service
- 171 Period of appointment
- 172 Functions and powers of administrator
- 173 Financially unviable supported residential service
- 174 Proprietor to pay Secretary costs incurred by appointment of administrator
- 175 Additional matters—failure to appoint manager in accordance with Act
- 176 Offence to remove equipment or other property
- 177 Offence to hinder and obstruct administrator
- 178 Disposal of interests
- 179 Entering or exercising rights under contracts
- 180 Issuing notices to vacate to residents
- 181 Compensation
PART 9--COMMUNITY VISITORS
- 182 Appointment of community visitors
- 183 Terms and conditions of appointment
- 184 Functions of a community visitor
- 185 Panels
- 186 Visiting supported residential services
- 187 Powers of community visitors
- 188 Offence to unreasonably refuse assistance
- 189 Offence not to give full and true answers
- 190 Offence to assault, obstruct or threaten community visitor
- 191 Request to see a community visitor
- 192 Record of visits
- 193 Community (Residential Services) Visitors Board
- 194 Reports
- 195 Annual report of community visitors
- 196 Secrecy
PART 10--GENERAL
- 197 Power to bring proceedings
- 198 Extension of time limit for proceedings for certain offences
- 199 False and misleading statements
- 200 Damaging or destroying documents etc.
- 201 Offences by corporations and partnerships etc.
- 202 Evidentiary matters
- 203 Service of notices and other documents
- 204 Delegation
- 205 Functions and duties of Secretary
- 206 Review of decisions
- 207 Regulations
PART 11--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
Division 1--Transitional provisions
- 208 Interpretation of Legislation Act 1984
- 209 Supported residential services registered under Health Services Act 1988 before commencement
- 210 Pre-commencement applications
- 211 Administrators
- 212 Disciplinary action
- 213 Community visitors
- 214 Community (Residential Services) Visitors Board
- 215 Authorised officers
- 216 Prescribed statement to be given in respect of fees received before commencement of Act
- 217 Proprietor to put money received before commencement of this Act into trust account after that commencement
- 218 Regulations dealing with transitional matters
- 219 Saving of the Supported Residential Services (Private Proprietors) Regulations 2012 ENDNOTES