INTELLECTUALLY DISABLED PERSONS' SERVICES ACT 1986
Act No. 53/1986 Version incorporating amendments as at 11 October 2006Table of Provisions
Section PagePART 1-PRELIMINARY
PART 2-OBJECTS, PRINCIPLES, AIM AND OBJECTIVES
PART 3-ELIGIBILITY, ASSESSMENT AND CASE PLANNING
- 7 Application to assess eligibility
- 8 Assessment of intellectual disability
- 8A Assessment of developmental delay
- 9 General service plan
- 10 Amendment and review of general service plan
- 11 Individual program plan
- 12 Review of individual program plan
- 12A Application of Act to former clients
- 12B Re-assessment of eligibility of person entitled to receive services
- 12C Re-assessment of eligibility of person not entitled to receive services
- 13 Intellectual Disability Planning Committees
- 14 Regional plans
- 15 State plan
- 16 Department to maintain an information system
- 16A Former clients of Office of Intellectual Disability Services
PART 4-SERVICES FOR INTELLECTUALLY DISABLED PERSONS
Division 1-Residential Institutions
Division 2-Residential and Non-Residential Programs
- 19 Proclamation of residential and non-residential programs
Division 3-Repealed
20. RepealedDivision 4-Transfer of eligible persons from a prison
- 21 Transfer of eligible persons from a prison
- 21A Transfer of persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
Division 5-Services Provided by Municipalities and Non-Government Organizations
- 22 Power of Secretary to provide funds
- 22A Contracts for provision of services
- 23 Registration of services
- 24 Funding and services agreements
- 25 Appointment of administrator
- 26 Proclaimed services
PART 5-PROTECTION OF RIGHTS OF INTELLECTUALLY DISABLED PERSONS
Division 1-Establishment, Constitution and Procedure of the Intellectual Disability Review Panel
- 27 The Intellectual Disability Review Panel
- 28 Functions of the Intellectual Disability Review Panel
- 29 Staff of the Intellectual Disability Review Panel
- 30 Procedure of the Intellectual Disability Review Panel
- 31 Appointment of persons to assist the Intellectual Disability Review Panel
- 32 Appearance at any hearing of the Intellectual Disability Review Panel
- 33 Proceedings before the Intellectual Disability Review Panel
- 34 Reports of proceedings
- 35 Secrecy provision
- 35A Annual report of the Intellectual Disability Review Panel
Division 2-Provisions Applicable to Security Residents
- 36 Review of security residents
- 37 Termination of a security order
- 38 Security conditions
- 39 Request for transfer to prison
- 40 Transfer of security resident to another residential institution
- 41 Leave of absence for security resident
- 42 Special leave for security resident
- 43 Apprehension of security resident absent without leave
Division 2A-Provisions Applicable to Forensic Residents
- 43A Status of forensic residents
- 43B Security conditions
- 43C Transfer of forensic resident to another residential service
- 43D Leave of absence for forensic resident
- 43E Apprehension of forensic resident absent without leave
Division 3-Provisions Applicable to Eligible Persons
Division 3A-The Holding of Trust Money on Behalf of Eligible Persons
- 45 Residents' Trust Fund
- 46 Money to be paid into the Fund by the Secretary
- 47 Money to be paid into the Fund by participating services
- 48 Money paid into Fund must be credited to relevant account
- 49 Records to be kept by Secretary 50. How trust money received at non-participating services to be handled 50A. Records to be kept by non-participating services 50B. Non-participating services may become participating services and vice-versa
- 50C Joint accounts
- 50D Withdrawal of money from the Fund and trust accounts
- 50E Investment of money
- 50F How interest etc. from trust money to be dealt with
- 50G Limit on amount in an eligible person's account
- 50H Trust money must be paid when people leave institution, program or service
- 50I Secretary may require designated officer to fulfil Secretary's obligations
- 50J Residents' amenities levy
- 50K Amenities Consultative Committee
- 50L Residents' Amenities Funds
- 50M How the Residents' Amenities Fund is to be spent
- 50N Records to be kept in respect of Residents' Amenities Funds
- 50O Investment of money in Residents' Amenities Funds
- 50P Money in Funds may be mixed
- 50Q Sale of goods on closure of institution
- 50R Distribution of Fund on closure of institution
Division 4-Review of Decisions
Division 5-Community Visitors
- 53 Community visitors
- 54 Functions of a community visitor
- 55 Certain persons deemed to be community visitors
- 56 Visiting of a residential institution
- 57 Powers of inspection
- 58 Request to see a panel of community visitors
- 59 Record of visits
- 60 Reports by community visitors
- 61 Community Visitors Board
- 62 Annual report of community visitors
- 62A Secrecy provision
Division 6-Information on Rights
PART 6-GENERAL
Division 1-Administration
- 65 Power of delegation
- 66 Appointment of medical practitioners
- 67 Provision of staff services
- 68 Special powers of Secretary
Division 2-Miscellaneous
- 69 Immunity from suit
- 70 Special payments
- 71 Specific purpose grants
- 72 Contempt of Intellectual Disability Review Panel
- 73 Giving of notice
- 74 Hearing not to be invalidated by failure to give notice
- 75 Judicial notice
- 76 General penalty
- 77 Offences by bodies corporate
- 77A Protection against breach of trust
Division 3-Regulations
- 78 Regulations
PART 7-TRANSITIONAL
- 79 Transitional provision-Community Visitors Legislation (Miscellaneous Amendments) Act 2001. __________________ SCHEDULE 1-Provisions with respect to members of the Intellectual Disability Review Panel SCHEDULE 2-Provisions with respect to the procedures of the Intellectual Disability Review Panel SCHEDULE 3-Provisions with respect to community visitors SCHEDULE 4-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details