{"id":"disability-act-2006","name":"Disability Act 2006","slug":"disability-act-2006","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178107,"registerId":"vic-disability-act-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Disclosure of information 177","content":"Subdivision 6—Disclosure of information 177\n\n132ZB Commissioner may give information to other persons or bodies 177\n\n132ZC Offence to disclose or make a record of information 178\n\n","sortOrder":0},{"sectionNumber":"Div 9","sectionType":"division","heading":"General issues applying to investigations 180","content":"Division 9—General issues applying to investigations 180\n\n132ZCA Application of Division and references 180\n\n132ZD Definition 181\n\n132ZE Reporting on investigations 181\n\n132ZF Adverse comment on or opinion of service provider in report 181\n\n132ZG Giving a report to Parliament 182\n\n132ZH Avoiding unnecessary duplication 183\n\n","sortOrder":1},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Appointment of Authorised Program Officers 184","content":"Part 6A—Appointment of Authorised Program Officers 184\n\n132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer 184\n\n132ZJ Disability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer 184\n\n132ZK Revocation of approval 185\n\n132ZL Senior Practitioner to notify Social Services Regulator or NDIS Commissioner 185\n\n132ZM Senior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation 186\n\n132ZN Application for review of appointment decision 186\n\n132ZO Senior Practitioner may issue directions 187\n\nPart 7—Use of restrictive practices 190\n\n133 Purpose and application of Part 190\n\n134 Authorised Program Officers 191\n\n135 Use of regulated restrictive practice only permitted after authorisation and approval given 192\n\n136 Authorisation for use of regulated restrictive practices 193\n\n137 Use of regulated restrictive practice permitted in certain circumstances—disability service provider 195\n\n138 Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers 196\n\n139 Review of behaviour support plan—disability service providers 198\n\n140 Independent person 199\n\n141 Powers of Public Advocate 202\n\n142 Information to be provided 203\n\n143 Approval by Senior Practitioner to use certain regulated restrictive practices 204\n\n144 Review by VCAT 207\n\n145 Authorisation for use of regulated restrictive practices in emergencies 209\n\n146 Directions and other requirements of Senior Practitioner 211\n\n147 Reporting emergency use of regulated restrictive practices—disability service providers 213\n\n148 Reporting use of regulated restrictive practices—disability service providers 213\n\n149 Offences 214\n\nPart 8—Compulsory treatment 216\n\nDivision 1AA—Preliminary 216\n\n150A Restrictions on liberty or freedom of movement 216\n\nDivision 1—Residential treatment facilities 216\n\n151 Proclamation of residential treatment facility 216\n\n152 Admission to a residential treatment facility 218\n\n152A Information to be provided to resident 223\n\n152B Secretary may extend admission to residential treatment facility 224\n\n153 Authorised Program Officer must prepare treatment plan 225\n\n154 Annual review of treatment plan 229\n\n155 Application for review of treatment plan 230\n\n156 Leave of absence 230\n\n157 Special leave 232\n\n158 Suspension of leave of absence or special leave 234\n\n159 Security conditions 235\n\n159A Secretary to approve certain security conditions 235\n\n160 Apprehension of resident absent without leave 236\n\n161 Transfer of resident to another residential treatment facility 237\n\nDivision 2—Provisions applying to RTO residents 237\n\n162 Extended leave 237\n\n163 Appeals regarding extended leave 238\n\n164 Suspension and revocation of extended leave 240\n\n165 Appeals regarding revocation of extended leave 241\n\nDivision 3—Provisions applying to security residents 243\n\n166 Transfer of person with an intellectual disability from a prison 243\n\n167 Preparation of treatment plan 245\n\n168 Annual review of security order and treatment plan 247\n\n169 Application for review of treatment plan 248\n\n175 Termination of a security order 249\n\n176 Death of security resident 249\n\n177 Request for transfer to prison 250\n\n179 Notice of transfer of security resident to another residential treatment facility 250\n\nDivision 4—Provisions applying to forensic residents 251\n\n180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 251\n\n181 Status of forensic residents 253\n\n182 Leave of absence for forensic resident 253\n\nDivision 5—Supervised treatment orders for implementation by disability service providers or registered NDIS providers 253\n\n183 Purpose of Division 253\n\n184 Certain disability service providers not required to comply with Division 253\n\n185 Provision of services to persons subject to supervised treatment order 254\n\n186 Authorised Program Officers 254\n\n187 Senior Practitioner may approve accommodation for supervised treatment 254\n\n188 Senior Practitioner must notify Public Advocate of approved accommodation 256\n\n189 Treatment plans 256\n\n190 Authorised Program Officer must give treatment plan to person 257\n\n191 Application for supervised treatment order 258\n\n191A Information to be included in application for supervised treatment order 259\n\n191B Senior Practitioner must notify NDIS Commissioner if certificate issued 260\n\n191C Notification of application and parties to proceeding 260\n\n192 Authorised Program Officer may request interim supervised treatment order 261\n\n193 Supervised treatment order for persons with a disability and NDIS participants 262\n\n194 Application by the Public Advocate 265\n\n194A Responsibilities of Authorised Program Officers for primary service providers 266\n\n194B Responsibilities of disability service providers and registered NDIS providers 267\n\n194C Authorised Program Officer responsible for implementing treatment plan 267\n\n195 Supervision of supervised treatment order 268\n\n196 Application for review, variation or revocation 271\n\n196A Process concerning expiry of supervised treatment order 277\n\n196B Senior Practitioner to notify NDIS Commissioner about certain matters 279\n\n197 Application for rehearing 279\n\n198 Rehearing 281\n\n199 Senior Practitioner may make assessment order 281\n\n199A Application for review of assessment order 283\n\n199B Senior Practitioner to notify NDIS Commissioner about assessment orders 283\n\n200 Supervised treatment order to prevail over guardianship order 284\n\n201 Apprehension of person subject to a supervised treatment order absent without approval 284\n\nDivision 6—Use of restrictive practices in implementing treatment plans 286\n\n201A Purpose and application of Division 286\n\n201B Use of restrictive practices 288\n\n201C Authorised Program Officers 289\n\n201D Use of regulated restrictive practices 290\n\n201E Use of regulated restrictive practices must be included in treatment plan 292\n\n201F Reports 293\n\n201G Offence 294\n\n201H Senior Practitioner may issue guidelines and standards and give directions 294\n\n201I Senior Practitioner may lodge evidence regarding use of regulated restrictive practices 296\n\nPart 8A—Use and disclosure of information 298\n\n202AA Definitions 298\n\n202AB Disclosure, use or transfer of protected information 299\n\n202AC Use, transfer or disclosure of information relating to disability services or disability service providers 304\n\n202AD Disclosure of information about worker screening 306\n\n202AE Application of Part 308\n\nPart 9—General provisions 309\n\n202 False and misleading statements 309\n\n203 Defacing documents 309\n\n204 Delegation 309\n\n205 Provision of staff services 310\n\n206 Special powers of Secretary 310\n\n207 Appointment of authorised officers 312\n\n208 Identity cards 312\n\n209 Production of identity card 312\n\n210 Powers of authorised officers 312\n\n211 Offence to give false or misleading information 314\n\n212 Offence to hinder or obstruct authorised officer 314\n\n213 Offence to impersonate authorised officer 314\n\n214 Protection against self-incrimination 315\n\n215 Legal professional privilege or client legal privilege 315\n\n217 Persons who are liable for offences 315\n\n218 Power to bring proceedings 316\n\n219 Evidentiary 316\n\n220 Recapture of person 317\n\n221 Regulations 317\n\nPart 10—Miscellaneous 321\n\nDivision 1—Savings and transitional 321\n\n222 Repeals and Savings 321\n\n225 Transitional regulations 322\n\n225A Order specifying land, leases, licences and interests in land to be transferred to Secretary 322\n\n225B Vesting of land, leases, licences and interests in land in the Secretary 323\n\n225C Action by Registrar of Titles 325\n\n225D Taxes 325\n\n225E Land etc. vests subject to encumbrances 326\n\n226 Community visitors 326\n\n227 Behaviour support plans 326\n\n230 Group homes 327\n\nDivision 2—Transitional provisions—Disability Amendment Act 2017 328\n\n232 Definitions 328\n\n233 Pre-existing complaints 328\n\n234 Information provisions 328\n\nDivision 3—Transitional provisions—Serious Offenders Act 2018 329\n\n235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018 329\n\nDivision 4—Transitional provisions—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 330\n\n236 Declaration of residential service as a group home 330\n\n237 Behaviour support plans taken to be NDIS behaviour support plans 331\n\n238 Matters concerning persons subject to supervised treatment orders on becoming NDIS participants 332\n\n239 Supervised treatment orders 333\n\n240 Assessment orders 334\n\n242 Long Term Residential Program taken to be residential treatment facility 334\n\nDivision 5—Transitional provisions—Worker Screening Act 2020 335\n\n243 Definition 335\n\n244 Transfer of information to Secretary to the Department of Justice and Community Safety 335\n\n245 Continuation of safety screening requirements for notifications about persons providing services to NDIS participants 336\n\nDivision 6—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023 337\n\n246 Definition 337\n\n247 Authorised Program Officers 337\n\n248 Decisions as to disability 337\n\n249 Approval of accommodation 337\n\n250 Pending applications and requests 338\n\n251 Supervised treatment orders 341\n\n252 Treatment plans 341\n\n253 Guidelines, directions and standards 342\n\n254 Offences 343\n\n255 Regulated restrictive practices 343\n\n256 Behaviour support plans 344\n\n257 Public Advocate reports 345\n\n258 Security conditions 345\n\n259 Residential statements 345\n\n261 Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information 346\n\n262 Residential treatment facilities 346\n\n263 Secretary must assess existing long-term residents in residential treatment facilities 346\n\nDivision 7—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023—Residential tenancies 348\n\n264 Definition 348\n\n265 Supervised treatment orders and interim supervised treatment orders 348\n\n266 Pending applications 349\n\n267 Assessment orders 349\n\n268 Savings provisions—Division 2 of Part 5 350\n\nEndnotes 352\n\n1 General information 352\n\n2 Table of Amendments 354\n\n3 Explanatory details 360\n\n**Version No.** **051**\n\n**Disability Act 2006**\n\n**No. 23 of 2006**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 substituted by No. 19/2019 s. 18.\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide a legislative scheme for persons with a disability which affirms and strengthens their rights and responsibilities and which is based on the recognition this requires support across the government sector and within the community; and\n\nS. 1(b) amended by No. 9/2023 s. 3.\n\n(b) to provide a mechanism by which the rights of NDIS participants and DSOA clients are protected in relation to the use of restrictive practices and compulsory treatment.\n\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2007, it comes into operation on that day.\n\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *accountability investigation* inserted by No. 33/2017 s. 4(1).\n\n***accountability investigation*** means—\n\n(a) an investigation under section 118; or\n\n(b) an initiated investigation; or\n\n(c) a referral investigation in which section 128I(4) applies; or\n\n(d) a follow up investigation;\n\nS. 3(1) def. of *Australian Industrial Relations Commission* inserted by No. 74/2009 s. 10(1).\n\n***Australian Industrial Relations Commission*** means the body established by section 61 of the Workplace Relations Act 1996 of the Commonwealth, as in force before its repeal;\n\nS. 3(1) def. of *authorised officer* substituted by No. 33/2017 s. 4(3).\n\n***authorised officer***—\n\n(a) in Part 6, means a person appointed as an authorised officer by the Disability Services Commissioner under Division 8 of Part 6;\n\n(b) other than in Part 6, means a person appointed as an authorised officer under section 207;\n\nS. 3(1) def. of *Authorised Program Officer* substituted by No. 22/2012 s. 4(1), amended by No. 19/2019 s. 19(2)(a), substituted by No. 9/2023 s. 4(1)(a).\n\n***Authorised Program Officer*** means a person appointed as an Authorised Program Officer by a disability service provider or a registered NDIS provider and whose appointment is approved by the Senior Practitioner;\n\nS. 3(1) def. of *behaviour management plan* substituted as *behaviour support  \nplan* by No. 22/2012 s. 4(2).\n\n***behaviour support plan*** means a plan developed for a person with a disability which specifies a range of strategies to be used in supporting the person's behaviour including proactive strategies to build on the person's strengths and increase their life skills;\n\n***benefit to the person*** means maximising a person's quality of life and increasing their opportunity for social participation;\n\nS. 3(1) def. of *carer* inserted by No. 10/2012 s. 14(1).\n\n***carer*** has the same meaning as in the **Carers Recognition Act 2012**;\n\nS. 3(1) def. of *chemical restraint* repealed by No. 19/2019 s. 19(3)(a).\n\nS. 3(1) def. of *Commis-  \nsioner for Privacy and Data Protection* inserted by No. 33/2017 s. 4(1).\n\n***Commissioner for Privacy and Data Protection*** has the same meaning as ***Commissioner*** has in the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *Commission for Children and Young People* inserted by No. 33/2017 s. 4(1).\n\n***Commission for Children and Young People*** has the same meaning as ***Commission*** has in the Commission for **Children and Young People Act 2012**;\n\n***common area*** means any area in which facilities are provided for the use of residents otherwise than as part of the room which the resident occupies;\n\nS. 3(1) def. of *community residential unit* repealed by No. 22/2012 s. 4(3).\n\n***community visitor*** means a person appointed under section 28;\n\n***Community Visitors Board*** means the Board established under section 32;\n\n***complaint***, in Division 5 of Part 6, means a complaint within the meaning of section 109;\n\nS. 3(1) def. of *compulsory treatment* amended by No. 19/2019 s. 126(a).\n\n***compulsory treatment*** means treatment of a person who is—\n\n(a) admitted to a residential treatment facility under an order specified in section 152(2); or\n\n(b) subject to a supervised treatment order;\n\nS. 3(1) def. of *contracted service provider* inserted by No. 22/2012 s. 4(5).\n\n***contracted service provider*** means a person who has entered into a contract with the Secretary under section 10 to provide services to a person with a disability;\n\nS. 3(1) def. of *CoS supported accom-modation client* inserted by No. 38/2018 s. 311, repealed by No. 9/2023 s. 4(4)(d).\n\nS. 3(1) def. of *Department* amended by Nos 19/2019 s. 4(1), 9/2023 s. 4(1)(b).\n\n***Department*** means the Department of Families, Fairness and Housing;\n\nS. 3(1) def. of *detain* amended by No. 19/2019 s. 19(2)(b).\n\n***detain***, in Part 8, means a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another person and includes—\n\n(a) physically locking a person in any premises; and\n\n(b) constantly supervising or escorting a person to prevent the person from exercising freedom of movement;\n\n***developmental delay*** means a delay in the development of a child under the age of 6 years which—\n\n(a) is attributable to a mental or physical impairment or a combination of mental and physical impairments; and\n\n(b) is manifested before the child attains the age of 6 years; and\n\n(c) results in substantial functional limitations in one or more of the following areas of major life activity—\n\n(i) self-care;\n\n(ii) receptive and expressive language;\n\n(iii) cognitive development;\n\n(iv) motor development; and\n\n(d) reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated;\n\n***disability*** in relation to a person means—\n\n(a) a sensory, physical or neurological impairment or acquired brain injury or any combination thereof, which—\n\n(i) is, or is likely to be, permanent; and\n\n(ii) causes a substantially reduced capacity in at least one of the areas of self-care, self‑management, mobility or communication; and\n\n(iii) requires significant ongoing or long term episodic support; and\n\n(iv) is not related to ageing; or\n\n(b) an intellectual disability; or\n\n(c) a developmental delay;\n\n***disability service*** means a service specifically for the support of persons with a disability which is provided by a disability service provider;\n\nS. 3(1) def. of *disability service provider* amended by No. 37/2021 s. 353(2).\n\n***disability service provider*** means—\n\n(b) a person or body registered to provide disability services under the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *disability service provider* *providing residential services* inserted by No. 22/2012 s. 4(5).\n\n***disability service provider*** ***providing residential services*** includes a disability service provider taken to be providing residential services under section 3A;\n\n***Disability Services Commissioner*** means the Disability Services Commissioner appointed under section 14 and includes the Acting Disability Services Commissioner appointed under section 15;\n\nS. 3(1) def. of *Disability Services Board* repealed by No. 9/2023 s. 4(1)(c).\n\nS. 3(1) def. of *Disability Worker Registration Board* inserted by No. 34/2020 s. 193(a).\n\n***Disability Worker Registration Board*** means the Disability Worker Registration Board of Victoria established under section 8 of the **Disability Service Safeguards Act 2018**;\n\nS. 3(1) def. of *DSOA client* inserted by No. 9/2023 s. 4(4)(c).\n\n***DSOA client*** means an older person—\n\n(a) who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and\n\n(b) who is not an NDIS participant;\n\nS. 3(1) def. of *DSOA client's guardian* inserted by No. 9/2023 s. 4(4)(c).\n\n***DSOA client's guardian*** means—\n\n(a) the guardian of the DSOA client—\n\n(b) the attorney of the DSOA client appointed to be responsible for the DSOA client's personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**;\n\nS. 3(1) def. of *exempt service provider* inserted by No. 33/2017 s. 4(1).\n\n***exempt service provider*** means a disability service provider or a regulated service provider—\n\n(a) who is prescribed as an exempt service provider; or\n\n(b) who is of a class of disability service provider or regulated service provider that is prescribed as exempt service providers;\n\n***facilities*** means—\n\n(a) land or buildings intended for use for storage space or car parking;\n\n(b) laundry facilities;\n\n(c) cooking facilities;\n\n(d) recreational areas;\n\n(e) garbage storage and disposal facilities;\n\n(f) bathroom, toilet and washing facilities;\n\n(g) appliances for heating or cooling premises;\n\n(h) communications facilities;\n\n(i) lawns, gardens and outhouses;\n\n(j) stairways—\n\nprovided for the use of a resident otherwise than as a part of the room;\n\nS. 3(1) def. of *Fair Work Australia* inserted by No. 74/2009 s. 10(1), repealed by No. 13/2022 s. 72(1)(a).\n\nS. 3(1) def. of *Fair Work Commission* inserted by No. 13/2022 s. 72(1)(b).\n\n***Fair Work Commission*** has the same meaning as in the Fair Work Act 2009 of the Commonwealth;\n\nS. 3(1) def. of *follow up investigation* inserted by No. 33/2017 s. 4(1).\n\n***follow up investigation*** means an investigation under section 128R(1);\n\nS. 3(1) def. of *forensic disability service provider* inserted by No. 9/2023 s. 108.\n\n***forensic disability service provider*** means a disability service provider that is prescribed to operate a residential treatment facility;\n\n***forensic resident*** has the same meaning as it has in section 3(1) of the **Crimes (Mental Impairment and Unfitness  \nto be Tried) Act 1997**;\n\nS. 3(1) def. of *former disability service provider* inserted by No. 19/2019 s. 19(1).\n\n***former disability service provider*** means a person or body whose registration as a disability service provider has lapsed or has been revoked;\n\nS. 3(1) def. of *former regulated service provider* inserted by No. 19/2019 s. 19(1).\n\n***former regulated service provider*** means a person or body that has ceased to be a regulated service provider;\n\nS. 3(1) def. of *funded service provider* inserted by No. 22/2012 s. 4(5).\n\n***funded service provider*** means a person who—\n\n(a) provides services to a person with a disability; and\n\n(b) receives from the Secretary funding provided under section 9 for the purpose of providing those services;\n\nS. 3(1) def. of *group home* inserted by No. 22/2012 s. 4(5), repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *Health Complaints Commis-  \nsioner* inserted by No. 33/2017 s. 4(1).\n\n***Health Complaints Commissioner*** has the same meaning as ***Commissioner*** has in the **Health Complaints Act 2016**;\n\nS. 3(1) def. of *health information* inserted by No. 9/2023 s. 4(2).\n\n***health information*** has the same meaning as in the **Health Records Act 2001**;\n\nS. 3(1) def. of *IBAC* inserted by No. 33/2017 s. 4(1).\n\n***IBAC***  has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *individual initiated investigation* inserted by No. 33/2017 s. 4(1).\n\n***individual initiated investigation*** means an initiated investigation under section 128B(1)(b);\n\nS. 3(1) def. of *initiated investigation* inserted by No. 33/2017 s. 4(1).\n\n***initiated investigation*** means an investigation under section 128B(1);\n\n***intellectual disability***, in relation to a person over the age of 5 years, means the concurrent existence of—\n\n(a) significant sub-average general intellectual functioning; and\n\n(b) significant deficits in adaptive behaviour—\n\neach of which became manifest before the age of 18 years;\n\nS. 3(1) def. of *leave of absence* amended by No. 19/2019 s. 126(b).\n\n***leave of absence*** means temporary leave from a residential treatment facility under section 156 given to a resident in accordance with the resident's treatment plan;\n\nS. 3(1) def. of *mechanical restraint* substituted by No. 19/2019 s. 19(2)(c).\n\n***mechanical restraint*** has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;\n\nS. 3(1) def. of *Mental Health Complaints Commis--sioner* inserted by No. 33/2017 s. 4(1), substituted as *Mental Health and Wellbeing Commission* by No. 39/2022 s. 821(1) (as amended by No. 20/2023 s. 49(7)).\n\n***Mental Health and Wellbeing Commission*** means the Mental Health and Wellbeing Commission established by section 411 of the **Mental Health and Wellbeing Act 2022**;\n\nS. 3(1) def. of *Minister* repealed by No. 33/2017 s. 4(2).\n\nS. 3(1) def. of *Minister approved premises* inserted by No. 9/2023 s. 4(2).\n\n***Minister approved premises*** means a premises specified by the Minister under section 129AA;\n\nS. 3(1) def. of *Minister approved premises resident* inserted by No. 9/2023 s. 4(2).\n\n***Minister approved premises resident*** means—\n\n(a) a person with a disability living in a Minister approved premises; or\n\n(b) an NDIS participant living in a Minister approved premises; or\n\n(c) a DSOA client living in a Minister approved premises;\n\nS. 3(1) def. of *NDIA* inserted by No. 33/2017 s. 4(1), amended by No. 19/2019 s. 19(2)(d).\n\n***NDIA*** has the same meaning as ***Agency*** has in the NDIS Act;\n\nS. 3(1) def. of *NDIS* inserted by No. 38/2018 s. 311, amended by No. 19/2019 s. 145(3)(a).\n\n***NDIS*** means the National Disability Insurance Scheme within the meaning of the NDIS Act;\n\nS. 3(1) def. of *NDIS Act* inserted by No. 19/2019 s. 19(1).\n\n***NDIS Act*** means the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\nS. 3(1) def. of *NDIS behaviour support plan* inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).\n\n***NDIS behaviour support plan*** means a plan developed by an NDIS behaviour support practitioner for an NDIS participant or a DSOA client;\n\nS. 3(1) def. of *NDIS behaviour support practitioner* inserted by No. 19/2019 s. 19(1).\n\n***NDIS behaviour support practitioner*** means a person whom the NDIS Commissioner considers is suitable to undertake behaviour support assessments and to develop NDIS behaviour support plans that may contain the use of restrictive practices;\n\nS. 3(1) def. of *NDIS Commis-sioner* inserted by No. 19/2019 s. 19(1).\n\n***NDIS Commissioner*** means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;\n\nS. 3(1) def. of *NDIS dwelling* inserted by No. 19/2019 s. 19(1), repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *NDIS participant* inserted by No. 38/2018 s. 311.\n\n***NDIS participant*** means a person who is a participant in the NDIS;\n\nS. 3(1) def. of *NDIS participant's guardian* inserted by No. 19/2019 s. 19(1), amended by No. 19/2019 s. 145(4)(a).\n\n***NDIS participant's guardian*** means—\n\n(a) the NDIS participant's guardian—\n\n(iii) if the NDIS participant is a child, the child's guardian, whether or not the natural parent of the child; or\n\n(b) the attorney of the NDIS participant appointed to be responsible for the NDIS participant's personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**;\n\nS. 3(1) def. of *NDIS plan* inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).\n\n***NDIS plan*** means a plan (other than an NDIS behaviour support plan) for an NDIS participant or a DSOA client that is in effect under section 37 of the NDIS Act;\n\nS. 3(1) def. of *NDIS provider* inserted by No. 19/2019 s. 19(1).\n\n***NDIS provider*** has the same meaning as in the NDIS Act and includes registered NDIS providers;\n\nS. 3(1) def. of *NDIS Quality and Safeguards Commission* inserted by No. 19/2019 s. 19(1).\n\n***NDIS Quality and Safeguards Commission*** means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;\n\nS. 3(1) def. of *NDIS (Restrictive Practices and Behaviour Support) Rules* inserted by No. 19/2019 s. 19(1).\n\n***NDIS (Restrictive Practices and Behaviour Support) Rules*** means the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (however titled) of the Commonwealth, as in force from time to time, under the NDIS Act;\n\nS. 3(1) def. of *NDIS worker screening check* inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).\n\nS. 3(1) def. of *NDIS worker screening legislation* inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).\n\nS. 3(1) def. of *NDIS worker screening unit* inserted by No. 19/2019 s. 19(1), repealed by No. 34/2020 s. 193(c).\n\nS. 3(1) def. of *notice of intention to vacate* repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *notice of temporary relocation* repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *notice to take action* inserted by No. 33/2017 s. 4(1).\n\n***notice to take action*** means a notice given by the Disability Services Commissioner under—\n\n(a) section 119(1)(a) that specifies action to be taken under section 119(1)(c); or\n\n(b) section 128F that specifies action to be taken under section 128G; or\n\n(c) section 128N that specifies action to be taken;\n\nS. 3(1) def. of *notice to vacate* repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *Ombudsman* inserted by No. 33/2017 s. 4(1).\n\n***Ombudsman*** means the Ombudsman appointed under the **Ombudsman Act 1973**;\n\n***person*** includes a body or association (corporate or unincorporate) and a partnership;\n\nS. 3(1) def. of *personal information* inserted by No. 9/2023 s. 4(2).\n\n***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *physical restraint* inserted by No. 19/2019 s. 19(1).\n\n***physical restraint*** has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 45.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Post Sentence Authority* inserted by No. 57/2017 s. 48(1), substituted by No. 27/2018 s. 358(1).\n\n***Post Sentence Authority*** means the Post Sentence Authority continued in existence under section 290 of the **Serious Offenders Act 2018**;\n\n***premises*** means a structure that is designed to be used for human habitation and the area outside that structure which is part of the property on which the premises is located and includes—\n\n(a) the room occupied or to be occupied by a resident;\n\n(b) any common area;\n\n(c) any facilities;\n\nS. 3(1) def. of *prescribed service provider* inserted by No. 33/2017 s. 4(1).\n\n***prescribed service provider*** means a person—\n\n(a) who provides services to a person with a disability specifically for the support of that person; and\n\n(b) who is—\n\n(i) prescribed for the purposes of this definition; or\n\n(ii) of a class of service provider prescribed for the purposes of this definition;\n\nS. 3(1) def. of *primary service provider* inserted by No. 9/2023 s. 4(2).\n\n***primary service provider*** has the meaning given by  section 3C;\n\n***prison*** has the same meaning as in the **Corrections Act 1986**;\n\nS. 3(1) def. of *Public Advocate* substituted by No. 13/2019 s. 221(Sch. 1 item 12.1(a)).\n\n***Public Advocate*** has the same meaning as in the **Guardianship and Administration Act 2019**;\n\nS. 3(1) def. of *referral investigation* inserted by No. 33/2017 s. 4(1).\n\n***referral investigation*** means an investigation under section 128I(1);\n\nS. 3(1) def. of *region* amended by Nos 26/2014 s. 455(Sch. item 35),  \n37/2021 s. 390.\n\n***region*** has the same meaning as in the **Supported Residential Services (Community Visitors) Act 2010**;\n\nS. 3(1) def. of *register of disability service providers* repealed by No. 37/2021 s. 353(3).\n\nS. 3(1) def. of *registered medical practitioner* inserted by No. 13/2010 s. 51(Sch. item 19).\n\n***registered medical practitioner*** means a person registered under  the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\nS. 3(1) def. of *registered NDIS provider* inserted by No. 19/2019 s. 19(1).\n\n***registered NDIS provider*** has the same meaning as in the NDIS Act;\n\nS. 3(1) def. of *regulated disability service* inserted by No. 33/2017 s. 4(1).\n\n***regulated disability service*** means any of the following—\n\n(a) a service provided to a person with a disability by a contracted service provider;\n\n(b) a service provided to a person with a disability by a funded service provider;\n\n(c) a service provided to a person with a disability specifically to support that person by a prescribed service provider;\n\nS. 3(1) def. of *regulated restrictive practice* inserted by No. 19/2019 s. 19(1).\n\n***regulated restrictive practice*** has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;\n\nS. 3(1) def. of *regulated service provider* inserted by No. 33/2017 s. 4(1).\n\n***regulated service provider*** means any of the following—\n\n(a) a contracted service provider;\n\n(b) a funded service provider;\n\n(c) a prescribed service provider;\n\n***rent component*** means an amount for the use by a resident of the room, any common area and the premises;\n\n***resident*** means a person who receives disability services in a residential service;\n\nS. 3(1) def. of *resident's administrator* amended by No. 57/2014 s. 151(1).\n\n***resident's administrator*** means the resident's attorney appointed under an enduring power of attorney under the **Powers of Attorney Act 2014** to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;\n\nS. 3(1) def. of *resident's guardian* substituted by No. 57/2014 s. 151(2), amended by No. 13/2019 s. 221(Sch. 1 item 12.1(b)).\n\n***resident's guardian*** means—\n\n(a) the resident's guardian—\n\n(i) appointed under the **Guardianship and Administration Act** **2019**; or\n\n(iii) if the resident is a child, the child's guardian, whether or not the natural parent of the child; or\n\n(b) the attorney of the resident appointed to be responsible for personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**;\n\n***residential charge*** means a charge comprising the rent component or both the rent component and the services component;\n\nS. 3(1) def. of *residential institution* repealed by No. 19/2019 s. 126(d).\n\nS. 3(1) def. of *residential service* substituted by Nos 22/2012 s. 4(4), 9/2023 s. 4(3)(b).\n\n***residential service*** means—\n\n(a) residential accommodation—\n\n(i) provided by, on behalf of, or by arrangement with, a disability service provider; and\n\n(ii) provided as accommodation in which residents are provided with disability services; and\n\n(iii) supported by rostered staff that are provided by a disability service provider; and\n\n(iv) admission to which is approved by the Secretary; or\n\n**Example**\n\nA residential treatment facility or specialist forensic disability accommodation.\n\n(b) prescribed accommodation; or\n\n(c) accommodation provided by, on behalf of, or by arrangement with, a disability service provider that is approved by the Senior Practitioner under section 187;\n\n***residential treatment facility*** means a premises or program proclaimed to be a residential treatment facility under section 151;\n\n***residential treatment order*** has the same meaning as it has in section 3(1) of the **Sentencing Act 1991**;\n\n***Residents' Trust Fund*** means the Residents' Trust Fund continued under section 91;\n\nS. 3(1) def. of *restrictive practice* inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(d).\n\n***restrictive practice*** means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability or of an NDIS participant or a DSOA client;\n\n***RTO resident*** means a person who is subject to a residential treatment order;\n\nS. 3(1) def. of *restraint* repealed by No. 19/2019 s. 19(3)(b).\n\nS. 3(1) def. of *restrictive intervention* repealed by No. 19/2019 s. 19(3)(c).\n\n***room*** means a room in a premises where the room is occupied or intended to be occupied by a person who has a right to occupy the room for the purpose of a residence together with a right to use in common with others common areas in the premises;\n\nS. 3(1) def. of *SDA dwelling* inserted by No. 9/2023 s. 85(1)(a).\n\n***SDA dwelling*** has the same meaning as in section 498BA of the **Residential Tenancies Act 1997**;\n\nS. 3(1) def. of *SDA enrolled dwelling* inserted by No. 38/2018 s. 311, amended by Nos 19/2019 ss 145(3)(b), 146(1), 9/2023 s. 4(3)(a).\n\n***SDA enrolled dwelling*** means a permanent dwelling—\n\n(a) that provides long-term accommodation for one or more SDA residents; and\n\n(b) that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth as in force from time to time or under other rules made under the NDIS Act; and\n\n(c) that may comprise of—\n\n(i) an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or\n\n(ii) the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or\n\n(iii) the dwelling as a whole occupied under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**) by at least one SDA resident and other occupants who may or may not be SDA residents;\n\nS. 3(1) def. of *SDA provider* inserted by No. 38/2018 s. 311, substituted by Nos 19/2019 s. 145(1), 9/2023 s. 85(1)(b).\n\n***SDA provider*** has the same meaning as in the **Residential Tenancies Act 1997**;\n\nS. 3(1) def. of *SDA recipient* inserted by No. 19/2019 s. 19(1), repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *SDA residency agreement* inserted by No. 38/2018 s. 311, substituted by No. 19/2019 s. 145(2), amended by No. 9/2023 s. 85(1)(c).\n\n***SDA residency agreement*** means an agreement entered into or established under section 498F of the **Residential Tenancies Act 1997** between an SDA provider and an SDA resident in respect of an SDA dwelling;\n\nS. 3(1) def. of *SDA resident* inserted by No. 38/2018 s. 311, amended by No. 9/2023 s. 4(4)(a), substituted by No. 9/2023 s. 85(1)(d).\n\n***SDA resident*** has the same meaning as in the **Residential Tenancies Act 1997**;\n\nS. 3(1) def. of *SDA resident's guardian* inserted by No. 19/2019 s. 19(1), amended by No. 19/2019 s. 145(4)(b).\n\n***SDA resident's guardian*** means—\n\n(a) the SDA resident's guardian—\n\n(iii) if the SDA resident is a child, the child's guardian, whether or not the natural parent of the child; or\n\n(b) the attorney of the SDA resident appointed to be responsible for the SDA resident's personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**;\n\nS. 3(1) def. of *seclusion* substituted by No. 19/2019 s. 19(2)(e).\n\n***seclusion*** has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;\n\nS. 3(1) def. of *Secretary* substituted by No. 29/2010 s. 7.\n\n***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department;\n\n***security order*** means a security order made under section 166;\n\n***security resident*** means a person in respect of whom a security order is in force;\n\n***Senior Practitioner*** means the person appointed as the Senior Practitioner under section 23;\n\n***services component*** means an amount for whichever of the following service items are provided to a resident—\n\n(a) utilities;\n\n(b) communications including telephone;\n\n(c) bedding and linen;\n\n(d) food;\n\n(e) general household consumable supplies;\n\n(f) communal furnishings and whitegoods;\n\n(g) household equipment and utensils;\n\n(h) replacement of items specified in subparagraphs (b), (c), (e), (f), or (g) following wear and tear or accidental damage;\n\nS. 3(1) def. of *short-term accom-modation and assistance dwelling* inserted by No. 19/2019 s. 19(1), amended by No. 9/2023 s. 4(1)(e), amended as *short-term accom-modation dwelling* by No. 9/2023 s. 85(1)(e).\n\n***short-term accommodation dwelling*** means accommodation for an NDIS participant or a DSOA client—\n\n(a) that is provided on a short-term basis and is not a private home; and\n\n(b) at which a registered NDIS provider provides supports and living assistance to the NDIS participant or DSOA client;\n\nS. 3(1) def. of *Social Services Regulator* inserted by No. 37/2021 s. 353(1).\n\n***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *special leave* amended by No. 19/2019 s. 126(c).\n\n***special leave*** means leave from a residential treatment facility under section 157;\n\nS. 3(1) def. of *specialist forensic disability accom-modation* inserted by No. 9/2023 s. 4(3)(c).\n\n***specialist forensic disability accommodation*** means accommodation determined by the Secretary to be specialist forensic disability accommodation under section 61B;\n\nS. 3(1) def. of *State Coroner* inserted by No. 33/2017 s. 4(1).\n\n***State Coroner*** has the same meaning as in the **Coroners Act 2008**;\n\n***supervised treatment*** means treatment used on a person with an intellectual disability under a supervised treatment order;\n\nS. 3(1) def. of *supervised treatment order* amended by No. 9/2023 s. 4(1)(f).\n\n***supervised treatment order*** means a civil order made in respect of a person with an intellectual disability under section 193;\n\nS. 3(1) def. of *support plan* repealed by No. 37/2021 s. 353(3).\n\nS. 3(1) def. of *Supported Independent Living provider* inserted by No. 19/2019 s. 19(1), repealed by No. 9/2023 s. 85(2).\n\nS. 3(1) def. of *systemic initiated investigation* inserted by No. 33/2017 s. 4(1).\n\n***systemic initiated investigation*** means an initiated investigation under section 128B(1)(a);\n\nS. 3(1) def. of *treatment plan* amended by Nos 19/2019 s. 19(2)(f), 9/2023 s. 4(1)(g).\n\n***treatment plan*** means a plan for the use of treatment on a person with a disability or an NDIS participant prepared under section 153, 167, 180(6) or 189;\n\n***urgent repairs*** means any work necessary to repair or remedy—\n\n(a) a burst water service; or\n\n(b) a blocked or broken lavatory system; or\n\n(c) a serious roof leak; or\n\n(d) a gas leak; or\n\n(e) a dangerous electrical fault; or\n\n(f) flooding or serious flood damage; or\n\n(g) serious storm or fire damage; or\n\n(h) a failure or breakdown of any essential service or appliance provided by a disability service provider for hot water, water, cooking, heating or laundering; or\n\n(i) a failure or breakdown of the gas, electricity or water supply to a residential service; or\n\n(j) an appliance, fitting or fixture provided by a disability service provider that uses or supplies water and that is malfunctioning in a way that results or will result in a substantial amount of water being wasted; or\n\n(k) any fault or damage that makes a room or residential service unsafe or insecure; or\n\n(l) a serious fault in a staircase; or\n\n(m) any damage of a prescribed class;\n\nS. 3(1) def. of *Victoria Police* inserted by No. 33/2017 s. 4(1).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victorian Disability Advisory Council* amended by No. 34/2020 s. 193(b).\n\n***Victorian Disability Advisory Council*** means the Council established under section 11;\n\nS. 3(1) def. of *Victorian Disability Worker Commission* inserted by No. 34/2020 s. 193(a).\n\n***Victorian Disability Worker Commission*** means the Victorian Disability Worker Commission established under section21 of the **Disability Service Safeguards Act 2018**;\n\nS. 3(1) def. of *Victorian Disability Worker Commis-sioner* inserted by No. 34/2020 s. 193(a), amended by No. 9/2023 s. 4(4)(b).\n\n***Victorian Disability Worker Commissioner*** means the Victorian Disability Worker Commissioner appointed under section 26 of the **Disability Service Safeguards Act 2018**;\n\nS. 3(1) def. of *Victorian WorkCover Authority* inserted by No. 9/2023 s. 4(4)(c).\n\n***Victorian WorkCover Authority***  has the same meaning as ***Authority*** has in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nS. 3(2) repealed by No. 19/2019 s. 4(2).\n\nS. 3A inserted by No. 22/2012 s. 5.\n\n","sortOrder":6},{"sectionNumber":"3A","sectionType":"section","heading":"Disability service provider taken to be providing residential services","content":"\t3A Disability service provider taken to be providing residential services\n\nA disability service provider is taken to be providing residential services in relation to accommodation that is provided by another person if the other person is providing the accommodation—\n\n(a) on behalf of the disability service provider; or\n\n(b) by arrangement with the disability service provider.\n\nS. 3B inserted by No. 9/2023 s. 5.\n\n","sortOrder":7},{"sectionNumber":"3B","sectionType":"section","heading":"NDIS provider taken to be providing a residential service in certain circumstances","content":"\t3B NDIS provider taken to be providing a residential service in certain circumstances\n\n(a) a registered NDIS provider is using supervised treatment; and\n\n(b) the accommodation provided to a person subject to a supervised treatment order obtained by the Authorised Program Officer for a registered NDIS provider is approved by the Senior Practitioner under section 187.\n\n(2) For the purposes of Division 6 of Part 3, Division 1 of Part 5 and Division 7 of Part 6—\n\n(a) the registered NDIS provider is taken to be a disability service provider; and\n\n(b) the accommodation provided by, on behalf of, or by arrangement with, the registered NDIS provider is taken to be a residential service; and\n\n(c) the person subject to the supervised treatment order is taken to be a resident.\n\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"imposes obligations on registered NDIS providers using compulsory treatment.","content":"Part 8 imposes obligations on registered NDIS providers using compulsory treatment.\n\nS. 3C inserted by No. 9/2023 s. 6.\n\n","sortOrder":9},{"sectionNumber":"3C","sectionType":"section","heading":"Primary service providers","content":"\t3C Primary service providers\n\n(1) Except as provided for under subsection (2), the primary service provider for a person is the disability service provider or registered NDIS provider providing the majority of support to the person within the person's accommodation.\n\n(2) If a person receives an equal amount of support within the person's accommodation from 2 or more disability service providers or registered NDIS providers, the Senior Practitioner may appoint the person's primary service provider from amongst those providers.\n\n(3) Despite subsection (1), in sections 186, 194A, 194B, 194C, 195, 196, 196A(1), 197 (except in relation to a hearing of an application under section 196A(4)), and 201, if a supervised treatment order has been made in respect of a person, the primary service provider for that person is the disability service provider or registered NDIS provider that appointed the Authorised Program Officer stated in the order as being responsible for the implementation of the order.\n\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objectives and principles","content":"Part 2—Objectives and principles\n\n","sortOrder":11},{"sectionNumber":"4","sectionType":"section","heading":"Objectives of Act","content":"\t4 Objectives of Act\n\nThe objectives of this Act are to—\n\n(a) advance the inclusion and participation in the community of persons with a disability;\n\n(b) promote a strategic whole of government approach in supporting the needs and aspirations of persons with a disability;\n\n(c) facilitate the planning, funding and provision of services, programs and initiatives for persons with a disability;\n\n(d) promote and protect the rights of persons accessing disability services;\n\n(e) support the provision of high quality disability services;\n\n(f) make disability service providers accountable to persons accessing those disability services;\n\nS. 4(g) amended by No. 19/2019 s. 20(1).\n\n(g) ensure the efficient and effective use of public funds in the provision of disability services;\n\nS. 4(h) inserted by No. 19/2019 s. 20(2), amended by No. 9/2023 s. 7.\n\n(h) provide a process for authorising the proper use of restrictive practices on NDIS participants and DSOA clients;\n\nS. 4(i) inserted by No. 19/2019 s. 20(2).\n\n(i) provide for appropriate compulsory treatment of NDIS participants.\n\n","sortOrder":12},{"sectionNumber":"5","sectionType":"section","heading":"Principles","content":"\t5 Principles\n\n(1) Persons with a disability have the same rights and responsibilities as other members of the community and should be empowered to exercise those rights and responsibilities.\n\n(2) Persons with a disability have the same right as other members of the community to—\n\nS. 5(2)(a) amended by No. 19/2019 s. 21(1).\n\n(a) be given respect for their human worth and dignity as individuals;\n\n(b) live free from abuse, neglect or exploitation;\n\n(c) realise their individual capacity for physical, social, emotional and intellectual development;\n\n(d) exercise control over their own lives;\n\n(e) participate actively in the decisions that affect their lives and have information and be supported where necessary, to enable this to occur;\n\n(f) access information and communicate in a manner appropriate to their communication and cultural needs;\n\n(g) services which support their quality of life.\n\nS. 5(3) amended by No. 33/2017 s. 5(1)(a).\n\n(3) Disability services and regulated disability services should—\n\n(a) advance the inclusion and participation in the community of persons with a disability with the aim of achieving their individual aspirations;\n\n(b) be flexible and responsive to the individual needs of persons with a disability;\n\n(c) maximise the choice and independence of persons with a disability;\n\n(d) be designed and provided in a manner that recognises different models of practice may be required to assist people with different types of disability and at different stages in their lives to realise their physical, social, emotional and intellectual capacities;\n\n(e) enable persons with a disability to access services as part of their local community and foster collaboration, coordination and integration with other local services;\n\nS. 5(3)(f) amended by No. 9/2023 s. 8(1).\n\n(f) as far as possible be provided in a manner so that a person with a disability need not move out of the person's local community to access the disability services required;\n\n(g) be of high quality and provided by appropriately skilled and experienced staff who have opportunities for on-going learning and development;\n\nS. 5(3)(h) amended by No. 10/2012 s. 14(2)(a).\n\n(h) consider and respect the role of families, carers and other persons who are significant in the life of the person with a disability;\n\nS. 5(3)(i) amended by No. 10/2012 s. 14(2)(b).\n\n(i) acknowledge the important role families and carers have in supporting persons with a disability;\n\n(j) acknowledge the important role families have in assisting their family member to realise their individual physical, social, emotional and intellectual capacities;\n\nS. 5(3)(ja) inserted by No. 10/2012 s. 14(2)(c).\n\n(ja) acknowledge the important role carers have in assisting the people they care for to realise their individual physical, social, emotional and intellectual capacities;\n\nS. 5(3)(k) amended by No. 10/2012 s. 14(2)(d).\n\n(k) where possible strengthen and build capacity of families and carers who are supporting persons with a disability;\n\nS. 5(3)(l) amended by No. 10/2012 s. 14(2)(e).\n\n(l) have regard for the needs of children with a disability and preserve and promote relationships between the child, their family and other persons (including carers) who are significant in the life of the child with a disability;\n\n(m) be provided in a manner that respects the privacy and dignity of persons accessing the disability services;\n\nS. 5(3)(ma) inserted by No. 33/2017 s. 5(1)(b).\n\n(ma) be provided in a manner that promotes the upholding of the rights, dignity, wellbeing and safety of persons with a disability;\n\nS. 5(3)(mb) inserted by No. 33/2017 s. 5(1)(b).\n\n(mb) be provided in a manner that does not—\n\n(i) tolerate abuse, neglect or exploitation of persons with a disability; or\n\n(ii) normalise abuse, neglect or exploitation of persons with a disability;\n\n(n) be provided in a way which reasonably balances safety with the right of persons with a disability to choose to participate in activities involving a degree of risk;\n\n(o) have regard for any potential increased disadvantage which may be experienced by persons with a disability as a result of their gender, language, cultural or indigenous background or location;\n\n(p) be designed and administered in a manner so as to ensure that persons with a disability have access to advocacy support where necessary to enable adequate decision making about the services they receive;\n\n(q) be designed and provided in a manner which continues to reflect the role of the Secretary in providing and funding planning for persons with a disability;\n\n(r) be accountable for the quality of those services and for the extent to which the rights of persons with a disability are promoted and protected in the provision of those services.\n\nS. 5(3A) inserted by No. 19/2019 s. 21(2), amended by No. 9/2023 s. 8(2)(a).\n\n(3A) Restrictive practices used on NDIS participants and DSOA clients and the compulsory treatment of NDIS participants should be provided in a manner that—\n\nS. 5(3A)(a) amended by No. 9/2023 s. 8(2)(b).\n\n(a) respects the privacy and dignity of those persons; and\n\nS. 5(3A)(b) amended by No. 9/2023 s. 8(2)(b).\n\n(b) promotes the upholding of the rights, dignity, wellbeing and safety of those persons; and\n\n(c) does not—\n\nS. 5(3A)(c)(i) amended by No. 9/2023 s. 8(2)(b).\n\n(i) tolerate abuse, neglect or exploitation of those persons; or\n\nS. 5(3A)(c)(ii) amended by No. 9/2023 s. 8(2)(b).\n\n(ii) normalise abuse, neglect or exploitation of those persons.\n\nS. 5(4) amended by Nos 19/2019 s. 21(3), 9/2023 s. 8(3).\n\n(4) If a restriction on the rights or opportunities of a person with a disability, an NDIS participant or a DSOA client is necessary, the option chosen should be the option which is the least restrictive of the person as is possible in the circumstances.\n\nS. 5(5) amended by No. 33/2017 s. 5(2).\n\n(5) It is the intention of Parliament that the principles specified in this section should wherever possible be given effect to in the administration of this Act and the provision of disability services and regulated disability services.\n\nS. 5(6) inserted by No. 19/2019 s. 21(4).\n\n(6) It is the intention of Parliament that the principles specified in subsections (3A) and (4) should wherever possible be given effect to in the administration of restrictive practices and compulsory treatment by registered NDIS providers.\n\n","sortOrder":13},{"sectionNumber":"6","sectionType":"section","heading":"Persons with an intellectual disability","content":"\t6 Persons with an intellectual disability\n\n(1) The following principles apply specifically in respect of persons with an intellectual disability—\n\n(a) persons with an intellectual disability have a capacity for physical, social, emotional and intellectual development;\n\n(b) persons with an intellectual disability have the right to opportunities to develop and maintain skills and to participate in activities that enable them to achieve valued roles in the community;\n\nS. 6(1)(c)(d) repealed by No. 19/2019 s. 127.\n\n(e) services for persons with an intellectual disability should be designed and provided in a manner that ensures developmental opportunities exist to enable the realisation of their individual capacities;\n\n(f) services for persons with an intellectual disability should be designed and provided in a manner that ensures that a particular disability service provider cannot exercise control over all or most aspects of the life of a person with an intellectual disability.\n\n(2) The repeal of the **Intellectually Disabled Persons' Services Act 1986** by this Act does not affect the responsibility of the Minister and the Secretary for the provision, management, development and planning of services for persons with an intellectual disability.\n\n(3) For the purposes of determining whether or not a person over the age of 5 years has an intellectual disability—\n\n(a) if a standardised measurement of intelligence is used to assess general intellectual functioning and it—\n\nS. 6(3)(a)(i) amended by No. 9/2023 s. 9.\n\n(i) indicates that the person has an intelligence not higher than 2 standard deviations below the population average, then the person must be taken to have significant sub-average general intellectual functioning;\n\nS. 6(3)(a)(ii) amended by No. 9/2023 s. 9.\n\n(ii) indicates that the person has an intelligence not lower than 2 standard deviations below the population average, then the person must be taken not to have significant sub-average general intellectual functioning;\n\n(iii) is inconclusive as to whether or not the person has an intelligence higher or lower than 2 standard deviations below the population average, then the Secretary may take into account other indicators of general intellectual functioning in determining whether or not the person has significant sub-average general intellectual functioning;\n\nS. 6(3)(b) amended by No. 9/2023 s. 9.\n\n(b) if a standardised measurement of adaptive behaviour is used to assess adaptive behaviour and it indicates a score at or below the second percentile of people of the same age and cultural group, then the person must be taken to have significant deficits in adaptive behaviour.\n\n(4) In applying a standardised measurement of intelligence for the purposes of subsection (3)(a), the Secretary must consider the test result within the 95% confidence level as determined by the standard error of measurement of the test.\n\n(5) Nothing in subsection (3) requires the Secretary to use a standardised measurement in the assessment of intellectual disability.\n\nS. 6(6) repealed by No. 37/2021 s. 354.\n\nS. 6(7) repealed by No. 19/2019 s. 127.\n\n(8) Part 8 provides for persons with an intellectual disability who require compulsory treatment.\n\n(9) If the Secretary is satisfied that a person has an intellectual disability, the Secretary may for the purposes of any Act or regulation provide a statement that a person has an intellectual disability within the meaning of this Act.\n\n","sortOrder":14},{"sectionNumber":"7","sectionType":"section","heading":"Provision of advice, notification or information under this Act","content":"\t7 Provision of advice, notification or information under this Act\n\nS. 7(1) amended by Nos 19/2019 s. 22(1), 9/2023 s. 10(1).\n\n(1) The contents of any advice, notice or information given or provided to a person with a disability, an NDIS participant or a DSOA client under this Act must be explained by the person giving the advice, notice or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand.\n\n(2) An explanation given under subsection (1) must where reasonable be given both orally and in writing.\n\nS. 7(3) amended by Nos 19/2019 s. 22(2), 9/2023 s. 10(2).\n\n(3) If a person with a disability, an NDIS participant or a DSOA client appears to be incapable of reading and understanding information provided under this Act, a disability service provider or an NDIS provider, as the case requires, must use reasonable endeavours to convey the information to the person in the language, mode of communication or terms which the person is most likely to understand.\n\nS. 7(4) amended by No. 19/2019 s. 22(3)(a).\n\n(4) For the purposes of subsection (3), the disability service provider or NDIS provider, as the case requires, may give a copy of the advice, notice or information—\n\nS. 7(4)(a) amended by Nos 10/2012 s. 14(3), 19/2019 s. 22(3)(b), 9/2023 s. 10(3)(a).\n\n(a) to a family member, carer, guardian, advocate or other person chosen by the person with a disability, NDIS participant or DSOA client; or\n\nS. 7(4)(b) amended by No. 19/2019 s. 22(3)(c)(d).\n\n(b) in the case of a person with a disability, if no person is chosen under paragraph (a), to a person who the disability service provider considers can assist the person with a disability and is not employed by, or a representative of, the disability service provider; or\n\nS. 7(4)(c) inserted by No. 19/2019 s. 22(3)(e), amended by No. 9/2023 s. 10(3)(b).\n\n(c) in the case of an NDIS participant or a DSOA client, if no person is chosen under paragraph (a), to a person who the NDIS provider considers can assist the NDIS participant or the DSOA client and is not employed by, or a representative of, the NDIS provider.\n\nPart 3—Administration\n\nDivision 1—The Secretary\n\n\t8 Role and functions of the Secretary\n\n(1) For the purposes of this Act, the role of the Secretary is to—\n\n(a) plan, develop, provide and fund or purchase comprehensive services, programs and initiatives for persons with a disability;\n\n(b) provide and fund programs and initiatives that facilitate persons with a disability exercising their rights and meeting their responsibilities in the community;\n\nS. 8(1)(c) amended by No. 9/2023 s. 11(1)(a).\n\n(c) collect and analyse data for the purpose of enabling the Secretary to achieve the objectives and perform the functions specified in this Act, including complying with reporting requirements for the purposes of this Act;\n\nS. 8(1)(ca) inserted by No. 19/2019 s. 23(1), amended by No. 34/2020 s. 194, repealed by No. 9/2023 s. 11(1)(b).\n\n(d) subject to the general direction and control of the Minister, administer this Act in accordance with the objectives and principles specified in this Act.\n\n(2) Without limiting the generality of subsection (1), the Secretary has the following functions—\n\n(a) to promote awareness and understanding of disability within the community;\n\n(b) to advance the inclusion and participation of persons with a disability in the community;\n\nS. 8(2)(c) amended by No. 9/2023 s. 98(a).\n\n(c) to develop policies for disability services provided by the Secretary, contracted service providers and funded service providers;\n\nS. 8(2)(d) amended by No. 9/2023 s. 98(a).\n\n(d) to develop and publish criteria to enable priority of access to disability services provided by the Secretary, contracted service providers and funded service providers to be determined in a fair manner;\n\nS. 8(2)(e) amended by No. 9/2023 s. 98(b).\n\n(e) to determine priorities in relation to policy development, resource allocation and the provision of disability services provided by the Secretary, contracted service providers and funded service providers;\n\nS. 8(2)(f) amended by No. 9/2023 s. 98(c).\n\n(f) to monitor, evaluate and review disability services provided by the Secretary, contracted service providers and funded service providers;\n\nS. 8(2)(g) amended by No. 9/2023 s. 98(c).\n\n(g) to promote the quality of disability services provided by the Secretary, contracted service providers and funded service providers;\n\n(h) to promote the establishment of appropriate training courses and the availability of on‑going training for persons employed in the provision of disability services;\n\n(i) to foster collaboration, coordination and integration in the provision to persons with a disability of disability services with other local services;\n\nS. 8(2)(j) amended by Nos 19/2019 s. 23(2), 9/2023 s. 11(2).\n\n(j) to make recommendations and reports to the Minister with respect to matters relating to persons with a disability, NDIS participants and DSOA clients and to advise the Minister on the operation of this Act.\n\n","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Power of Secretary to provide funds","content":"\t9 Power of Secretary to provide funds\n\n(1) Subject to the approval of the Minister and having regard to the objectives and principles specified in this Act, the Secretary may allocate funds out of money available for the purpose to persons including municipal councils and non-government organisations.\n\n(2) The Secretary may allocate funds under subsection (1) to be used for the purposes and subject to the conditions considered by the Secretary to be appropriate.\n\n(3) Funds under subsection (1) may be provided to a person who has entered into a contract with the Secretary whether under section 10 or under any other Act provided that the contract requires that the funds provided under subsection (1) must be used for the purposes specified under subsection (2).\n\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Power of Secretary to enter into contracts","content":"\t10 Power of Secretary to enter into contracts\n\nS. 10(1) substituted by No. 29/2010 s. 8.\n\n(1) Without limiting the powers conferred on the Secretary whether under this or any other Act, the Secretary may, on behalf of the Crown, enter into a contract with a person for the provision of goods or services—\n\n(a) to persons with a disability; or\n\n(b) that relate to the administration of this Act.\n\n(2) A contract under this section—\n\nS. 10(2)(a) amended by No. 9/2023 s. 12.\n\n(a) remains in force for the period specified in the contract;\n\n(b) may contain any conditions, requirements or other provisions that are not inconsistent with this Act.\n\nS. 10A inserted by No. 29/2010 s. 9.\n\n","sortOrder":17},{"sectionNumber":"10A","sectionType":"section","heading":"Secretary's powers in relation to land","content":"\t10A Secretary's powers in relation to land\n\nS. 10A(1) amended by No. 9/2023 s. 13(1).\n\n(1) The Secretary may, on behalf of the Crown and for the purposes of this Act or for the purposes of being an SDA provider—\n\n(a) acquire, hold or dispose of land; and\n\n(b) otherwise deal with any land held by the Secretary.\n\nS. 10A(2) amended by Nos 19/2019 s. 5(1), 9/2023 s. 13(2).\n\n(2) Any acquisition or disposition of or other dealing with land by the Secretary under this Act on behalf of the Crown must be made in the name of the \"Secretary to the Department of Families, Fairness and Housing\".\n\nS. 10A(3) amended by Nos 19/2019 s. 5(2), 9/2023 s. 13(3).\n\n(3) Without limiting subsections (1) and (2), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of \"Secretary to the Department of Human Services\", \"Secretary to the Department of Health and Human Services\" or \"Secretary to the Department of Families, Fairness and Housing\" by any person who previously held, acted in or performed the duties of, the office of Secretary.\n\nS. 10A(4) inserted by No. 9/2023 s. 13(4).\n\n(4) The Secretary may, on behalf of the Crown, dispose of land or deal with an interest in land held by the Secretary with or without consideration for the purposes of providing  services under this Act or the NDIS Act (including residential services or specialist disability accommodation).\n\nS. 10B inserted by No. 29/2010 s. 9.\n\n","sortOrder":18},{"sectionNumber":"10B","sectionType":"section","heading":"Committee of management","content":"\t10B Committee of management\n\nS. 10B(1) amended by Nos 19/2019 s. 6(1), 9/2023 s. 14(1).\n\n(1) The Secretary may be a committee of management under the **Crown Land (Reserves) Act 1978** under the name \"Secretary to the Department of Families, Fairness and Housing\".\n\nS. 10B(2) amended by No. 19/2019 s. 6(2), substituted by No. 9/2023 s. 14(2).\n\n(2) On and after the day on which Division 1 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation, any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of \"Secretary to the Department of Families, Fairness and Housing\".\n\nS. 10C inserted by No. 29/2010 s. 9.\n\n","sortOrder":19},{"sectionNumber":"10C","sectionType":"section","heading":"Record of dealings","content":"\t10C Record of dealings\n\nS. 10C(1) amended by Nos 19/2019 s. 7(1), 9/2023 s. 15(1).\n\n(1) If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the Registrar of Titles of the acquisition must be in the name of the \"Secretary to the Department of Families, Fairness and Housing\" as registered proprietor.\n\nS. 10C(2) amended by Nos 19/2019 s. 7(2), 9/2023 s. 15(2).\n\n(2) If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of \"Secretary to the Department of Human Services\", \"Secretary to the Department of Health and Human Services\" or \"Secretary to the Department of Families, Fairness and Housing\", any recording in the Register by the Registrar of Titles must be made in the name of \"Secretary to the Department of Human Services\", \"Secretary to the Department of Health and Human Services\" or \"Secretary to the Department of Families, Fairness and Housing\".\n\nS. 10C(3) amended by Nos 19/2019 s. 7(1), 9/2023 s. 15(3).\n\n(3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of \"Secretary to the Department of Families, Fairness and Housing\".\n\n(4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land.\n\n(5) Despite subsection (4) and anything to the contrary in the **Land Act 1958** or the **Transfer of Land Act 1958**, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act—\n\n(a) is under the operation of the **Transfer of Land Act 1958**, it remains under the operation of that Act; and\n\n(b) is not under the operation of the **Transfer of Land Act 1958**, it may be brought under the operation of that Act.\n\nS. 10D inserted by No. 29/2010 s. 9.\n\n","sortOrder":20},{"sectionNumber":"10D","sectionType":"section","heading":"Secretary's powers in relation to intellectual property","content":"\t10D Secretary's powers in relation to intellectual property\n\nThe Secretary may, on behalf of the Crown—\n\n(a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);\n\n(b) assign, grant, lease, licence, sell or dispose of, any intellectual property right;\n\n(c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;\n\n(d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.\n\n","sortOrder":21},{"sectionNumber":"Div 2","sectionType":"division","heading":"The Victorian Disability Advisory Council","content":"Division 2—The Victorian Disability Advisory Council\n\n","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Victorian Disability Advisory Council","content":"\t11 Victorian Disability Advisory Council\n\n(1) There is established a body to be known as the Victorian Disability Advisory Council.\n\n(2) The Victorian Disability Advisory Council is to consist of not less than 8 members and not more than 14 members as may be appointed by the Minister.\n\n(3) The Minister must ensure that members of the Victorian Disability Advisory Council are appointed from persons who—\n\n(a) reflect the diversity of persons with a disability; and\n\n(b) reflect the cultural and indigenous backgrounds of persons with a disability; and\n\n(c) have appropriate skills, knowledge and experience in matters relevant to persons with a disability, including children with a disability; and\n\n(d) in so far as is possible have personal experience of disability.\n\n(4) The Minister must ensure that a majority of the members of the Victorian Disability Advisory Council are persons with a disability.\n\n(5) The Minister must appoint one of the members to be the chairperson of the Victorian Disability Advisory Council.\n\n","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Functions of the Victorian Disability Advisory Council","content":"\t12 Functions of the Victorian Disability Advisory Council\n\n(1) The functions of the Victorian Disability Advisory Council are to—\n\n(a) provide advice to the Minister in respect of—\n\n(i) whole of government policy directions and strategic planning and the implementation of initiatives for persons with a disability;\n\n(ii) the barriers to full inclusion and participation in the community of persons with a disability and the strategies for the removal of those barriers;\n\n(iii) any matter relating to disability referred to the Victorian Disability Advisory Council by the Minister;\n\n(b) effectively communicate with persons with a disability, the Government of Victoria and the community;\n\n(c) raise community awareness of the rights of persons with a disability and of the role of government, the business sector and the community in promoting those rights;\n\n(d) consult and work with other disability advisory councils or bodies whether at a national, state or local government level;\n\n(e) monitor the implementation of strategies for promoting inclusion and participation in the community of persons with a disability and for removing barriers to inclusion and participation.\n\n(2) The Victorian Disability Advisory Council must report annually to the Minister on the performance of its functions.\n\n","sortOrder":24},{"sectionNumber":"13","sectionType":"section","heading":"Provisions applying to the Victorian Disability Advisory Council","content":"\t13 Provisions applying to the Victorian Disability Advisory Council\n\n(1) A member of the Victorian Disability Advisory Council—\n\n(a) holds office for the period, not exceeding 3 years, as is specified in the instrument of appointment but, subject to paragraph (b), is eligible for re-appointment;\n\n(b) can not hold office for more than 2 consecutive terms;\n\n(c) holds office on the terms and conditions specified in the instrument of appointment;\n\n(d) is entitled to receive the remuneration and allowances as are fixed by the Governor in Council for the purposes of this section;\n\n(e) may resign from the office of member by notice in writing delivered to the Minister;\n\n(f) may be removed from the office of member by the Minister in accordance with subsection (2);\n\nS. 13(1)(g) substituted by No. 80/2006 s. 26(Sch. item 26).\n\n(g) is in respect of the office of member subject to the **Public Administration Act 2004** (other than Part 3 of that Act).\n\n(2) The Minister may remove a member of the Victorian Disability Advisory Council from the office of member if—\n\n(a) the member is unable to perform the duties of office because of illness or absence from Victoria;\n\n(b) in the opinion of the Minister the member has misbehaved, neglected the duties of the office or is incompetent;\n\n(c) the member is or becomes bankrupt;\n\n(d) the Minister is of the opinion that any other act or omission of the Member has adversely affected the operation of the Victorian Disability Advisory Council.\n\n(3) A majority for the time being of the members of the Victorian Disability Advisory Council constitutes a quorum of the Victorian Disability Advisory Council.\n\n(4) The Victorian Disability Advisory Council must keep minutes of its meetings.\n\n(5) Subject to the regulations, the Victorian Disability Advisory Council may regulate its own proceedings.\n\n","sortOrder":25},{"sectionNumber":"Div 3","sectionType":"division","heading":"The Disability Services Commissioner","content":"Division 3—The Disability Services Commissioner\n\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Disability Services Commissioner","content":"\t14 Disability Services Commissioner\n\n(1) There shall be a Disability Services Commissioner.\n\n(2) The Disability Services Commissioner is to be appointed by the Governor in Council.\n\nS. 14(3) amended by No. 9/2023 s. 16(1).\n\n(3) The Disability Services Commissioner is to hold office for a term, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment.\n\n(4) The Governor in Council may specify other terms and conditions of appointment in the Disability Services Commissioner's instrument of appointment.\n\n(5) The Disability Services Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.\n\n(6) The Disability Services Commissioner is, in respect of that office, not subject to the **Public Administration Act 2004**.\n\nS. 14(7) amended by No. 9/2023 s. 16(2).\n\n(7) If immediately before their appointment, the Disability Services Commissioner was an officer within the meaning of the **State Superannuation Act 1988**, then while they are Disability Services Commissioner, they continue, subject to that Act, to be an officer within the meaning of that Act.\n\n","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Acting Disability Services Commissioner","content":"\t15 Acting Disability Services Commissioner\n\n(1) The Governor in Council may appoint a person to be the Acting Disability Services Commissioner—\n\n(a) during a vacancy in the office of Disability Services Commissioner; or\n\n(b) during any period when the Disability Services Commissioner is absent or, for any reason, is unable to perform the functions of the Disability Services Commissioner.\n\n(2) An acting appointment is for the period and on any other terms and conditions determined by the Governor in Council.\n\n(3) The Acting Disability Services Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.\n\n(4) While acting in the place of the Disability Services Commissioner, the Acting Disability Services Commissioner has all the powers, functions and duties of the Disability Services Commissioner.\n\n(5) The Acting Disability Services Commissioner is, in respect of that office, not subject to the **Public Administration Act 2004**.\n\n(6) This section does not affect the operation of section 110 of the **Public Administration Act 2004**.\n\nS. 16 amended by No. 19/2019 s. 24 (ILA s. 39B(1)).\n\n","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Functions of the Disability Services Commissioner","content":"\t16 Functions of the Disability Services Commissioner\n\n(1) The functions of the Disability Services Commissioner are to—\n\nS. 16(1)(a) substituted by No. 33/2017 s. 6(a).\n\n(a) to investigate complaints relating to disability services and regulated disability services;\n\n(b) review and identify the causes of complaints and to suggest ways of removing and minimising those causes;\n\nS. 16(1)(ba) inserted by No. 33/2017 s. 6(b).\n\n(ba) review and identify the causes of abuse and neglect in the provision of disability services and regulated disability services to persons with a disability and suggest ways of removing and minimising those causes;\n\nS. 16(1)(c) amended by No. 33/2017 s. 6(c).\n\n(c) provide advice, inquire into or investigate matters referred by the Minister or the Secretary;\n\nS. 16(1)(ca) inserted by No. 33/2017 s. 6(d).\n\n(ca) to conduct investigations into the provision of services to persons with a disability as specified in this Act;\n\nS. 16(1)(d) amended by No. 33/2017 s. 6(e).\n\n(d) conciliate where a complaint has been made in relation to a disability service provider or a regulated service provider;\n\nS. 16(1)(e) amended by No. 33/2017 s. 6(f).\n\n(e) take steps to publish and make available in an accessible manner details of complaints procedures and procedures for accountability investigations;\n\nS. 16(1)(f) amended by No. 33/2017 s. 6(g).\n\n(f) maintain a record of all complaints received and investigations conducted by the Disability Services Commissioner;\n\nS. 16(1)(g) repealed by No. 33/2017 s. 6(h).\n\nS. 16(1)(h) amended by No. 33/2017 s. 6(i).\n\n(h) consider ways of improving disability services complaints systems or complaints systems of regulated service providers;\n\nS. 16(1)(i)(j) repealed by No. 9/2023 s. 17.\n\n(k) develop programs for persons in the handling of complaints;\n\nS. 16(1)(l) repealed by No. 33/2017 s. 6(j).\n\n(m) subject to the approval of the Minister, to initiate inquiries into—\n\nS. 16(1)(m)(i) repealed by No. 9/2023 s. 17.\n\n(ii) broader issues concerning services for persons with a disability arising out of complaints received;\n\nS. 16(1)(n) substituted by No. 33/2017 s. 6(k).\n\n(n) provide education and information about the prevention of conduct that leads to complaints  and about the resolution of complaints relating to the provision of disability services and regulated disability services;\n\nS. 16(1)(o) substituted by No. 33/2017 s. 6(k).\n\n(o) provide education and information about responding to allegations of abuse and neglect in the provision of disability services and regulated disability services;\n\nS. 16(1)(oa) inserted by No. 33/2017 s. 6(k).\n\n(oa) provide education and information about the prevention of abuse and neglect in the provision of disability services and regulated disability services;\n\nS. 16(1)(p) substituted by No. 33/2017 s. 6(l).\n\n(p) conduct research into—\n\n(i) complaints relating to the provision of disability services and regulated disability services; and\n\n(ii) mechanisms for resolving complaints relating to the provision of disability services and regulated disability services;\n\nS. 16(1)(pa) inserted by No. 33/2017 s. 6(l).\n\n(pa) conduct research into—\n\n(i) abuse and neglect in the provision of disability services and regulated disability services; and\n\n(ii) mechanisms for preventing abuse and neglect in the provision of disability services and regulated disability services;\n\n(q) perform any other functions specified in this Act.\n\nS. 16(2) inserted by No. 19/2019 s. 24.\n\n(2) The functions of the Disability Services Commissioner referred to in subsection (1)(a) to (f) continue to apply in relation to a former disability service provider or former regulated service provider to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.\n\n","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Powers of the Disability Services Commissioner","content":"\t17 Powers of the Disability Services Commissioner\n\n(1) In performing functions under this Act, the Disability Services Commissioner may do any of the following—\n\n(a) consult with any persons or bodies which the Disability Services Commissioner considers appropriate;\n\n(b) develop, and suggest ways of implementing, procedures for—\n\nS. 17(1)(b)(i) substituted by No. 33/2017 s. 7(a).\n\n(i) dealing with complaints relating to disability services or regulated disability services; and\n\nS. 17(1)(b)(ia) inserted by No. 33/2017 s. 7(a).\n\n(ia) preventing and responding to abuse and neglect of persons with a disability receiving disability services or regulated disability services; and\n\n(ii) making existing procedures more effective;\n\n(c) provide advice to complainants of alternative means for dealing with complaints;\n\nS. 17(1)(d) substituted by No. 33/2017 s. 7(b).\n\n(d) provide advice generally on any matter with respect to complaints to—\n\n(i) disability service providers and regulated service providers; and\n\n(ii) complainants; and\n\n(iii) the Minister; and\n\n(iv) the Secretary;\n\nS. 17(1)(da) inserted by No. 33/2017 s. 7(b).\n\n(da) provide advice generally on any matter with respect to accountability investigations and the prevention and response to abuse and neglect to—\n\n(i) disability service providers and regulated service providers; and\n\n(ii) persons with a disability; and\n\n(iii) the Minister; and\n\n(iv) the Secretary;\n\nS. 17(1)(e) amended by No. 33/2017 s. 7(c).\n\n(e) encourage disability service providers and regulated service providers to distribute, display or make available material and information produced by the Disability Services Commissioner about the resolution of complaints;\n\nS. 17(1)(f) substituted by No. 33/2017 s. 7(d).\n\n(f) seek information about the working of the complaints system and about any systems in place to prevent and respond to abuse and neglect from the following—\n\n(i) disability service providers;\n\n(ii) regulated service providers;\n\n(iii) users of services provided by disability service providers or regulated service providers;\n\nS. 17(1)(g) inserted by No. 33/2017 s. 7(d).\n\n(g) anything necessary or convenient to be done for or in connection with the performance of those functions.\n\nS. 17(1A) inserted by No. 19/2019 s. 25.\n\n(1A) In performing functions under this Act, the Disability Services Commissioner may exercise any power referred to in subsection (1)(a), (b), (c), (d), (da) and (g) in relation to a former disability service provider or former regulated service provider to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.\n\n(2) The Disability Services Commissioner may by instrument delegate to a person or a class of persons employed under section 18 any power, duty or function of the Disability Services Commissioner other than this power of delegation.\n\n","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Provision of staff and contractors","content":"\t18 Provision of staff and contractors\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary to assist the Disability Services Commissioner in the performance of his or her powers, duties and functions under this Act.\n\n(2) The Disability Services Commissioner may enter into agreements or arrangements with a person or body for the purpose of obtaining appropriate expertise to assist the Disability Services Commissioner in the performance of functions and the exercise of powers under this Act.\n\n","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Annual report","content":"\t19 Annual report\n\n(1) The Disability Services Commissioner must include—\n\nS. 19(1)(a) substituted by No. 33/2017 s. 8(1)(a).\n\n(a) information about—\n\n(i) the number and type of complaints and the outcome of the complaints; and\n\n(ii) the number and type of follow up investigations for the complaints and the outcome of the follow up investigations; and\n\nS. 19(1)(ab) inserted by No. 22/2012 s. 6.\n\n(ab) information about any occasions on which the Disability Services Commissioner considered, under section 113(4)(b), that it was reasonable to take longer than 90 days for the preliminary assessment of a complaint, including—\n\n(i) the reasons why the Commissioner considered that it was reasonable; and\n\n(ii) information about how the complaint was or is being dealt with; and\n\nS. 19(1)(b) substituted by No. 33/2017 s. 8(1)(b).\n\n(b) information about—\n\n(i) the number and type of initiated investigations and the outcome of the investigations; and\n\n(ii) the number and type of any follow up investigations for those initiated investigations and the outcome of the follow up investigations; and\n\nS. 19(1)(c) inserted by No. 33/2017 s. 8(1)(b).\n\n(c) if so requested by the Minister in writing, information about—\n\n(i) the number and type of referral investigations and the outcome of the investigations; and\n\n(ii) the number and type of any follow up investigations for those referral investigations and the outcome of the follow up investigations; and\n\nS. 19(1)(d) inserted by No. 33/2017 s. 8(1)(b).\n\n(d) any other information specifically requested in writing by the Minister—\n\nduring the financial year in the relevant annual report of operations under Part 7 of the **Financial Management Act 1994**.\n\nS. 19(2) substituted by No. 33/2017 s. 8(2).\n\n(2) In a report under subsection (1) the Disability Services Commissioner may name a service provider—\n\n(a) who has unreasonably failed to take action specified in a notice to take action; and\n\n(b) who has been given a notice under section 128Q.\n\nS. 19(3) amended by No. 33/2017 s. 8(3).\n\n(3) Before naming a service provider in a report under subsection (1), the Disability Services Commissioner must, at least 14 days before naming that service provider—\n\nS. 19(3)(a) amended by No. 33/2017 s. 8(3).\n\n(a) notify the service provider in writing that the Disability Services Commissioner intends to name that service provider in a report; and\n\nS. 19(3)(b) amended by No. 33/2017 s. 8(3).\n\n(b) give the service provider an opportunity to object to the naming of that service provider in the report within the period specified in the notice.\n\nS. 19(3A) inserted by No. 19/2019 s. 26.\n\n(3A) A reference to a service provider in subsections (2) and (3) includes a reference to a former disability service provider or a former regulated service provider, to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.\n\nS. 19A inserted by No. 33/2017 s. 9.\n\n","sortOrder":32},{"sectionNumber":"19A","sectionType":"section","heading":"Protection from liability for Commissioner","content":"\t19A Protection from liability for Commissioner\n\n(1) The Disability Services Commissioner is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.\n\n(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Disability Services Commissioner attaches instead to the State.\n\n(3) Nothing in this section derogates from the effect of section 132U.\n\nPt 3 Div. 4 (Heading and ss 20–22) amended by Nos 22/2012 s. 7, 22/2016 s. 169, 19/2019 s. 8, repealed by No. 9/2023 s. 18.\n\n","sortOrder":33},{"sectionNumber":"Div 5","sectionType":"division","heading":"The Senior Practitioner","content":"Division 5—The Senior Practitioner\n\n","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"The Senior Practitioner","content":"\t23 The Senior Practitioner\n\n(1) Subject to the **Public Administration Act 2004**, there is to be appointed by the Secretary as the Senior Practitioner a person who in the opinion of the Secretary has the appropriate clinical qualifications and experience to perform the functions and exercise the powers conferred on the Senior Practitioner by or under this Act.\n\n(2) Subject to the general direction and control of the Secretary, the Senior Practitioner—\n\nS. 23(2)(a) amended by No. 19/2019 s. 27.\n\n(a) is generally responsible for ensuring that the rights of persons who are subject to restrictive practices and compulsory treatment are protected and that appropriate standards in relation to restrictive practices and compulsory treatment are complied with;\n\n(b) has the powers, duties, functions and immunities that are conferred or imposed on the Senior Practitioner by or under this or any other Act.\n\n","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Functions of the Senior Practitioner","content":"\t24 Functions of the Senior Practitioner\n\n(1) The functions of the Senior Practitioner are—\n\nS. 24(1)(a) amended by Nos 19/2019 s. 28(1), 9/2023 s. 19(a).\n\n(a) to develop guidelines and standards with respect to restrictive practices, compulsory treatment and the appointment of Authorised Program Officers;\n\nThe guidelines and standards may include clinical matters.\n\nS. 24(1)(ab) inserted by No. 9/2023 s. 19(b).\n\n(ab) to promote the reduction and elimination of the use of restrictive practices by disability service providers and registered NDIS providers to the greatest extent possible;\n\nS. 24(1)(b) amended by No. 19/2019 s. 28(1).\n\n(b) to provide education and information with respect to restrictive practices and compulsory treatment to disability service providers;\n\nS. 24(1)(c) amended by Nos 19/2019 s. 28(2), 9/2023 s. 19(c).\n\n(c) to provide information with respect to the rights of persons with a disability, NDIS participants and DSOA clients who may be subject to the use of restrictive practices or compulsory treatment;\n\nS. 24(1)(d) substituted by No. 19/2019 s. 28(4).\n\n(d) to provide advice to disability service providers and registered NDIS providers to improve practice in relation to the use of restrictive practices and compulsory treatment;\n\nS. 24(1)(e) amended by No. 22/2012 s. 8, substituted by No. 19/2019 s. 28(4).\n\n(e) to give directions to disability service providers and registered NDIS providers about one or more of the following, as the case requires—\n\n(i) restrictive practices;\n\n(ii) compulsory treatment;\n\n(iii) behaviour support plans;\n\n(iv) treatment plans;\n\nS. 24(1)(e)(v) inserted by No. 9/2023 s. 19(d).\n\n(v) the appointment of Authorised Program Officers;\n\n(f) to develop links and access to professionals, professional bodies and academic institutions for the purpose of facilitating knowledge and training in clinical practice for persons working with persons with a disability;\n\nS. 24(1)(g) amended by No. 19/2019 s. 28(3).\n\n(g) to undertake research into restrictive practices and compulsory treatment and provide information on practice options to disability service providers and registered NDIS providers;\n\nS. 24(1)(h) amended by No. 19/2019 s. 28(1).\n\n(h) to evaluate and monitor the use of restrictive practices across disability services and to recommend improvements in practice to the Minister and the Secretary;\n\n(i) to undertake any other function relating to persons with a disability as may be directed in writing by the Secretary;\n\n(j) any other functions specified by or under this Act.\n\n(2) The Senior Practitioner must publish annually—\n\n(a) information on the performance of the functions of the Senior Practitioner;\n\nS. 24(2)(b) amended by No. 19/2019 s. 28(5).\n\n(b) data relating to the use of restrictive practices and compulsory treatment.\n\n","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Power of Senior Practitioner to delegate","content":"\t25 Power of Senior Practitioner to delegate\n\n(1) Subject to this section, the Senior Practitioner may by instrument delegate to a person employed in the Department under Part 3 of the **Public Administration Act 2004** any power, duty or function of the Senior Practitioner other than—\n\n(a) this power of delegation; or\n\n(b) any power conferred by section 199.\n\n(2) The Senior Practitioner must only delegate to a person—\n\nS. 25(2)(a) amended by Nos 19/2019 s. 29, 9/2023 s. 20.\n\n(a) who in the opinion of the Senior Practitioner has sufficient knowledge and expertise in respect of persons with a disability, NDIS participants and DSOA clients; and\n\n(b) who has appropriate skills and qualifications in respect of the power, duty or function being delegated.\n\n","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Provision of staff and contractors","content":"\t26 Provision of staff and contractors\n\nS. 26(1) amended by No. 9/2023 s. 21.\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any employees with the appropriate expertise and experience that are necessary to assist the Senior Practitioner in the performance of the Senior Practitioner's powers, duties and functions under this Act.\n\nS. 26(2) amended by No. 9/2023 s. 21.\n\n(2) Subject to the approval of the Secretary, the Senior Practitioner may enter into agreements or arrangements with a person or body for the purpose of obtaining appropriate expertise to assist the Senior Practitioner in the performance of the Senior Practitioner's powers, duties and functions under this Act.\n\n","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Special powers of the Senior Practitioner","content":"\t27 Special powers of the Senior Practitioner\n\n(1) This section applies—\n\nS. 27(1)(a) substituted by No. 19/2019 s. 30(1).\n\n(a) in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or\n\nS. 27(1)(b) amended by No. 19/2019 s. 30(2).\n\n(b) if the Senior Practitioner believes on reasonable grounds that the use of restrictive practices or compulsory treatment is occurring as part of the provision of a disability service or a service provided by a registered NDIS provider whether or not an order specified in section 152(2) or a supervised treatment order is in effect.\n\n(2) If this section applies, the Senior Practitioner has the power to—\n\nS. 27(2)(a) amended by Nos 19/2019 s. 30(3)(a), 9/2023 s. 22(1)(a).\n\n(a) in the case of a disability service provider, visit and inspect any part of the premises where disability services are being provided, other than any premises or part of any premises used as a private residence that is not a residential service or Minister approved premises;\n\nS. 27(2)(ab) inserted by No. 19/2019 s. 30(3)(b), amended by No. 9/2023 ss 22(1)(b), 86.\n\n(ab) in the case of a registered NDIS provider, visit and inspect any place (other than a place or part of a place used as a private residence that is not an SDA dwelling, a short-term accommodation dwelling or Minister approved premises) where services are provided under the NDIS;\n\nS. 27(2)(b) amended by No. 19/2019 s. 30(3)(c).\n\n(b) if paragraph (a) or (ab) applies, see any person who is subject to any restrictive practice or compulsory treatment;\n\nS. 27(2)(c) amended by No. 19/2019 s. 30(3)(d).\n\n(c) investigate, audit and monitor the use of restrictive practices and compulsory treatment;\n\nS. 27(2)(d) amended by No. 19/2019 s. 30(3)(e).\n\n(d) inspect and make copies of, or take extracts from, any document relating to any person who is subject to any restrictive practice or compulsory treatment;\n\nS. 27(2)(e) amended by No. 19/2019 s. 30(3)(e).\n\n(e) see any person involved in the development, implementation or authorisation of any restrictive practice or compulsory treatment upon request;\n\nS. 27(2)(f) substituted by No. 19/2019 s. 30(3)(f).\n\n(f) request a disability service provider or an NDIS provider, as the case requires, to provide information about any restrictive practice or compulsory treatment;\n\nS. 27(2)(g) amended by No. 19/2019 s. 30(3)(g).\n\n(g) authorise by written order given to the disability service provider or registered NDIS provider the use of a restrictive practice.\n\n(3) The Senior Practitioner may by written order direct a disability service provider—\n\n(a) to discontinue or alter as specified in the order, a practice, procedure or treatment observed or carried out by the disability service provider;\n\n(b) to observe or carry out a practice, procedure or treatment specified in the order;\n\n(c) to provide a practice, procedure or treatment, or a particular practice, procedure or treatment specified in the order, to a person with a disability who is specified in the order.\n\n(4) If the Senior Practitioner gives a direction under subsection (3)(a) to discontinue a practice, procedure or treatment, the Senior Practitioner must provide assistance in developing alternative strategies for the management of the behaviour of the person affected.\n\nS. 27(5) amended by Nos 19/2019 s. 30(4), 9/2023 s. 22(2).\n\n(5) The Senior Practitioner must as soon as practicable advise in writing the person with a disability, the NDIS participant or the DSOA client, as the case requires, of—\n\n(a) any authorisation given under subsection (2)(g); or\n\n(b) any direction given under subsection (3).\n\nS. 27(5A) inserted by No. 19/2019 s. 30(5).\n\n(5A) The Senior Practitioner may notify the NDIS Commissioner of any matter relating to an NDIS provider that has come to the Senior Practitioner's attention in the course of exercising a power or performing a function or duty under this Act.\n\nS. 27(5B) inserted by No. 19/2019 s. 30(5).\n\n(5B) The Senior Practitioner may prohibit the use of restrictive practices or a specified form of restrictive practice on—\n\n(a) persons with a disability; or\n\n(b) NDIS participants; or\n\nS. 27(5B)(ba) inserted by No. 9/2023 s. 22(3)(a).\n\n(ba) DSOA clients; or\n\nS. 27(5B)(c) amended by No. 9/2023 s. 22(3)(b).\n\n(c) persons belonging to a specified class of persons with a disability, NDIS participants or DSOA clients—\n\nby one or more of the following—\n\n(d) disability service providers;\n\n(e) registered NDIS providers;\n\n(f) a person belonging to a specified class of disability service providers or registered NDIS providers.\n\nS. 27(5C) inserted by No. 19/2019 s. 30(5).\n\n(5C) Notice of a prohibition referred to in subsection (5B) must be—\n\n(a) published on the Department's internet site; and\n\n(b) given to each applicable provider referred to in that subsection.\n\nS. 27(6) substituted by No. 19/2019 s. 30(6).\n\n(6) On the request of the Senior Practitioner, the following persons must provide the Senior Practitioner with any reasonable assistance that the Senior Practitioner requires to perform or exercise a power, duty or function under this Act—\n\n(a) a disability service provider;\n\n(b) a registered NDIS provider;\n\n(c) a member of the staff or management of a disability service provider;\n\n(d) a member of the staff or management of a registered NDIS provider.\n\nS. 27(7) amended by No. 19/2019 s. 30(7).\n\n(7) A person referred to in subsection (6) must—\n\n(a) reasonably render assistance when required to do so under subsection (6);\n\n(b) give full and true answers to the best of that person's knowledge to any questions asked by the Senior Practitioner in the performance or exercise of any power, duty or function under this Act.\n\n","sortOrder":39},{"sectionNumber":"Div 6","sectionType":"division","heading":"Community visitors","content":"Division 6—Community visitors\n\n","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Community visitors","content":"\t28 Community visitors\n\nS. 28(1) amended by No. 22/2012 s. 9(1).\n\n(1) The Governor in Council may on the recommendation of the Public Advocate appoint community visitors.\n\nS. 28(2) amended by No. 22/2012 s. 9(2).\n\n(2) A community visitor—\n\n(a) holds office for a period of 3 years;\n\n(b) is eligible for re-appointment at the end of the term of office;\n\n(c) is entitled to be paid any fees and travelling and other allowances fixed by the Governor in Council;\n\n(d) is not in respect of the office of community visitor subject to the provisions of the **Public Administration Act 2004**.\n\n(3) A person can not be appointed as a community visitor if that person—\n\n(a) holds any appointment or employment with the Department; or\n\n(b) has any direct interest in any contract with the Department.\n\n(4) In nominating persons for appointment as community visitors, the Public Advocate must as far as practicable nominate an equal number of males and females.\n\n","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"General provisions as to community visitors","content":"\t29 General provisions as to community visitors\n\n(1) The Governor in Council may specify terms and conditions of appointment in the instrument of appointment of a person as a community visitor.\n\n(2) The Governor in Council may on the recommendation of the Public Advocate remove a community visitor from office.\n\n(3) A person may resign from the office of community visitor by writing signed by that person and delivered to the Governor in Council.\n\n(4) The office of a community visitor becomes vacant if that community visitor—\n\n(a) becomes bankrupt; or\n\n(b) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\n(c) becomes incapable of performing the duties of the office of community visitor; or\n\n(d) is removed from office or resigns from office.\n\nS. 30 (Heading) amended by No. 19/2019 s. 31(1).\n\nS. 30 amended by No. 22/2012 s. 10.\n\n","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Functions of a community visitor in respect of premises where residential services are provided","content":"\t30 Functions of a community visitor in respect of premises where residential services are provided\n\nThe functions of a community visitor are to visit any premises where a disability service provider is providing residential services and to inquire into—\n\n(a) the appropriateness and standard of premises for the accommodation of residents;\n\n(b) the adequacy of opportunities for inclusion and participation by residents in the community;\n\n(c) whether the residential services are being provided in accordance with the principles specified in section 5;\n\n(d) whether information is being provided to residents as required by this Act;\n\n(e) any case of suspected abuse or neglect of a resident;\n\nS. 30(f) amended by No. 19/2019 s. 31(2).\n\n(f) the use of restrictive practices and compulsory treatment;\n\n(g) any failure to comply with the provisions of this Act;\n\n(h) any complaint made to a community visitor by a resident.\n\nS. 30A (Heading) amended by No. 9/2023 s. 87(1).\n\nS. 30A inserted by No. 19/2019 s. 32.\n\n","sortOrder":43},{"sectionNumber":"30A","sectionType":"section","heading":"Functions of a community visitor in respect of SDA dwellings or short-term accommodation dwellings","content":"\t30A Functions of a community visitor in respect of SDA dwellings or short-term accommodation dwellings\n\nS. 30A(1) amended by No. 9/2023 s. 87(2)(a).\n\n(1) The functions of a community visitor in respect of an SDA dwelling that is the dwelling of an SDA resident in accordance with an SDA residency agreement are to visit the dwelling and to inquire into—\n\nS. 30A(1)(a) amended by No. 9/2023 s. 87(2)(a).\n\n(a) the appropriateness and standard of the SDA dwelling for the SDA resident; and\n\n(b) the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and\n\nS. 30A(1)(c) amended by No. 9/2023 s. 87(2).\n\n(c) whether the SDA dwelling is being provided in accordance with the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act in relation to NDIS participants and DSOA clients; and\n\nS. 30A(1)(d) amended by No. 9/2023 s. 87(2)(b).\n\n(d) whether information is being provided to the SDA resident as required by the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act in relation to NDIS participants and DSOA clients; and\n\n(e) any case of suspected abuse or neglect of the SDA resident; and\n\n(f) the use of a restrictive practice or compulsory treatment on the SDA resident; and\n\nS. 30A(1)(g) amended by No. 9/2023 s. 87(2)(b).\n\n(g) any failure by the SDA provider to comply with this Act, the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act in relation to NDIS participants and DSOA clients; and\n\n(h) any complaint made to a community visitor by the SDA resident.\n\nS. 30A(2) amended by No. 9/2023 ss 23(a), 87(3).\n\n(2) The functions of a community visitor in respect of a short‑term accommodation dwelling and support provided by a registered NDIS provider to an NDIS participant or a DSOA client at the short‑term accommodation dwelling are to visit the dwelling and to inquire into—\n\nS. 30A(2)(a) amended by No. 9/2023 ss 23(b), 87(3).\n\n(a) the appropriateness and standard of the short‑term accommodation dwelling for the NDIS participant or DSOA client; and\n\nS. 30A(2)(b) amended by No. 9/2023 s. 23(b).\n\n(b) the adequacy of opportunities for inclusion and participation by the NDIS participant or DSOA client in the community; and\n\nS. 30A(2)(c) amended by No. 9/2023 s. 87(3).\n\n(c) whether the short‑term accommodation dwelling is being provided in accordance with the principles specified in section 4 of the NDIS Act; and\n\nS. 30A(2)(d) amended by No. 9/2023 s. 23(b).\n\n(d) whether information is being provided to the NDIS participant or DSOA client as required by this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and\n\nS. 30A(2)(e) amended by No. 9/2023 s. 23(b).\n\n(e) any case of suspected abuse or neglect of the NDIS participant or DSOA client; and\n\nS. 30A(2)(f) amended by No. 9/2023 s. 23(b).\n\n(f) the use of a restrictive practice or compulsory treatment on the NDIS participant or DSOA client; and\n\n(g) any failure by the registered NDIS provider to comply with the provisions of this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and\n\nS. 30A(2)(h) amended by No. 9/2023 s. 23(b).\n\n(h) any complaint made to a community visitor by the NDIS participant or DSOA client.\n\nS. 30A(3) amended by Nos 19/2019 s. 146(2), 9/2023 s. 87(4).\n\n(3) Subject to subsection (4), the functions of a community visitor in respect of an SDA dwelling let under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**), are to visit the dwelling and to inquire into—\n\nS. 30A(3)(a) amended by No. 9/2023 s. 87(4).\n\n(a) the appropriateness and standard of the SDA dwelling for the SDA resident; and\n\n(b) the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and\n\nS. 30A(3)(c) amended by No. 9/2023 s. 87(4).\n\n(c) whether the SDA dwelling is being provided in accordance with the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and\n\n(d) whether information is being provided to the SDA resident as required by the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and\n\n(e) any case of suspected abuse or neglect of the SDA resident; and\n\n(f) the use of a restrictive practice or compulsory treatment on the SDA resident; and\n\n(g) any failure by the SDA provider to comply with this Act, the **Residential Tenancies Act 1997**, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and\n\n(h) any complaint made to the community visitor by an SDA resident.\n\nS. 30A(4) amended by No. 9/2023 s. 87(4).\n\n(4) A community visitor must not perform any functions under subsection (3) unless one of the following persons has requested that a community visitor visit the SDA dwelling in accordance with section 131A for the purposes of the community visitor exercising functions under subsection (3)—\n\nS. 30A(4)(a) amended by Nos 19/2019 s. 146(3), 9/2023 s. 87(4).\n\n(a) an SDA resident living in the SDA dwelling under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**); or\n\nS. 30A(4)(b) amended by Nos 19/2019 s. 146(3), 9/2023 s. 87(4).\n\n(b) a person on behalf of an SDA resident living in the SDA dwelling under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**) with the SDA resident's consent.\n\nS. 30B inserted by No. 9/2023 s. 24.\n\n","sortOrder":44},{"sectionNumber":"30B","sectionType":"section","heading":"Functions of a community visitor in respect of Minister approved premises","content":"\t30B Functions of a community visitor in respect of Minister approved premises\n\nThe functions of a community visitor when visiting Minister approved premises are to inquire into the following—\n\n(a) the appropriateness and standard of the premises for the purposes of accommodating Minister approved premises residents;\n\n(b) the adequacy of opportunities for inclusion and participation by a Minister approved premises resident in the community;\n\n(c) whether the services provided at the premises to a Minister approved premises resident by a disability service provider or an NDIS provider are being provided in accordance with this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);\n\n(d) whether information is being provided to a Minister approved premises resident as required by this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);\n\n(e) any case of suspected abuse or neglect of a Minister approved premises resident;\n\n(f) the use of restrictive practices and compulsory treatment;\n\n(g) any failure to comply with the provisions of this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act;\n\n(h) any complaint made to a community visitor by a Minister approved premises resident.\n\n","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Certain persons deemed to be community visitors","content":"\t31 Certain persons deemed to be community visitors\n\n(1) Any person who is appointed by the Minister or the Secretary for the purpose of any investigation in connection with the administration of this Act—\n\nS. 31(1)(a) amended by No. 22/2012 s. 11.\n\n(a) is by virtue of that office or appointment deemed to be a community visitor; and\n\n(b) has and may exercise all the powers conferred on a community visitor by this Act.\n\n(2) Subsection (1) does not require a person deemed to be a community visitor to perform any of the functions or duties of a community visitor.\n\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Community Visitors Board","content":"\t32 Community Visitors Board\n\n(1) The Community Visitors Board established by section 61 of the **Intellectually Disabled Persons' Services Act 1986** is continued under this Act.\n\n(2) The Community Visitors Board consists of—\n\n(a) the Public Advocate; and\n\n(b) 2 community visitors elected in accordance with the regulations by community visitors.\n\n(3) The functions of the Community Visitors Board are to—\n\n(a) represent community visitors;\n\n(b) prepare and circulate publications explaining the role of community visitors;\n\n(c) supervise the training of community visitors;\n\n(d) report a matter to the Public Advocate or the Minister;\n\n(e) refer a matter under section 33;\n\n(f) prepare an annual report.\n\n","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Matter may be referred","content":"\t33 Matter may be referred\n\nWithout limiting the discretion of the Community Visitors Board to refer a matter to any other person, the Community Visitors Board may refer a matter reported by a community visitor to whichever of the following the Community Visitors Board considers is the appropriate person to deal with that matter—\n\n(a) the Secretary;\n\n(b) the Disability Services Commissioner;\n\n(c) the Senior Practitioner;\n\nS. 33(d) amended by No. 19/2019 s. 33(a).\n\n(d) the Ombudsman;\n\nS. 33(da) inserted by No. 37/2021 s. 354A (as amended by No. 9/2023 s. 248).\n\n(da) the Social Services Regulator;\n\nS. 33(e) inserted by No. 19/2019 s. 33(b).\n\n(e) the NDIS Quality and Safeguards Commission;\n\nS. 33(f) inserted by No. 19/2019 s. 33(b).\n\n(f) the NDIA;\n\nS. 33(g) inserted by No. 19/2019 s. 33(b).\n\n(g) the Director within the meaning of the **Australian Consumer Law and Fair Trading Act 2012**.\n\n","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Reports by community visitors","content":"\t34 Reports by community visitors\n\nS. 34(1) amended by Nos 22/2012 s. 12, 19/2019 s. 34(1), 9/2023 ss 25, 88.\n\n(1) The community visitors who visit premises, Minister approved premises, SDA dwellings or short-term accommodation dwellings in a particular region must at least twice a year submit a report to the Community Visitors Board on visits made in that region since the last report.\n\n(2) The Minister may require the Community Visitors Board to report to the Minister on any matter specified by the Minister at the time and in the manner directed by the Minister.\n\n(3) The Community Visitors Board may at any time submit a report to the Minister if the Community Visitors Board considers that any matter should be considered personally by the Minister.\n\n(4) A community visitor may at any time submit a report to the Community Visitors Board containing any recommendations that the community visitor considers should be considered by the Community Visitors Board.\n\n","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Annual report of community visitors","content":"\t35 Annual report of community visitors\n\n(1) The Community Visitors Board must as soon as practicable after the end of each financial year but not later than the following 30 September, submit to the Minister a report on the activities of community visitors during the financial year.\n\n(2) The Minister must cause the annual report of the community visitors to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Legislative Council or the Legislative Assembly as the case may be after the annual report has been received by the Minister.\n\n","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Secrecy provision","content":"\t36 Secrecy provision\n\n(1) Unless subsection (2) applies, a person who is or has been, at any time, a community visitor must not, either directly or indirectly make a record of, or divulge or communicate to any person, or make use of, any information that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person—\n\n(a) to perform any official duties; or\n\n(b) to perform or exercise any function or power under this Act.\n\n(2) Subsection (1) does not prevent a person from—\n\nS. 36(2)(a) amended by No. 19/2019 s. 34(2).\n\n(a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act or the **Residential Tenancies Act 1997**; or\n\n(b) divulging or communicating to a court, in the course of any proceedings referred to in paragraph (a), any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in subsection (1); or\n\n(c) producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing.\n\nNote to s. 36 inserted by No. 23/2017 s. 35.\n\nSee also Part 5A of the **Family Violence Protection Act 2008** in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.\n\nPart 4—Disability services\n\nDivision 1—General provisions\n\n\t37 State Disability Plan\n\n(1) The Minister must ensure that a State Disability Plan is prepared—\n\n(a) as at 1 January 2013; and\n\n(b) at the end of each period of 4 years thereafter.\n\n(2) The State Disability Plan 2002-2012 as in existence before the commencement of this section has effect as if it had been prepared under this section.\n\n(3) The purpose of a State Disability Plan is to establish goals to assist in furthering the objectives and principles specified in this Act.\n\n(4) Without limiting the generality of subsection (3), a State Disability Plan must—\n\n(a) identify the needs of persons with a disability;\n\n(b) establish goals and priorities for the support of persons with a disability;\n\n(c) identify objectives and policy priorities for the development and delivery of services for persons with a disability;\n\n(d) identify strategies for achieving those objectives and priorities.\n\n(5) In preparing a State Disability Plan, regard must be had to the different needs of persons with different types of disabilities which may require different strategies.\n\n","sortOrder":51},{"sectionNumber":"38","sectionType":"section","heading":"Disability Action Plans","content":"\t38 Disability Action Plans\n\n(1) A public sector body must ensure that a Disability Action Plan is prepared for the purpose of—\n\n(a) reducing barriers to persons with a disability accessing goods, services and facilities;\n\n(b) reducing barriers to persons with a disability obtaining and maintaining employment;\n\n(c) promoting inclusion and participation in the community of persons with a disability;\n\n(d) achieving tangible changes in attitudes and practices which discriminate against persons with a disability.\n\n(2) Any plan lodged by a public sector body or a Council with the Human Rights and Equal Opportunity Commission in compliance with Part 3 of the Commonwealth Disability Discrimination Act 1992 is to be taken to be a Disability Action Plan prepared by that public sector body or Council for the purposes of this section.\n\n(3) A public sector body must report on the implementation of their Disability Action Plan in its annual report.\n\nS. 38(4) substituted by No. 22/2012 s. 13.\n\n(4) If a Council determines to prepare a Disability Action Plan, the Disability Action Plan is to be prepared for the purposes referred to in subsection (1).\n\nS. 38(5) substituted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.1).\n\n(5) If a Council determines to prepare a Disability Action Plan or is taken to have prepared a Disability Action Plan under subsection (2), the Council must report on the implementation of the Disability Action Plan in its annual report under section 98 of the **Local Government Act 2020**.\n\nS. 38(5A) inserted by No. 22/2012 s. 13, amended by No. 9/2020 s. 390(Sch. 1 item 23.2).\n\n(5A) A Council must ensure that the matters referred to in subsection (1) are addressed in the Council Plan prepared under the **Local Government Act 2020** if the Council—\n\n(a) has determined not to prepare a Disability Action Plan; and\n\n(b) is not taken to have prepared a Disability Action Plan under subsection (2).\n\n(6) In this section—\n\nS. 38(6) amended by No. 9/2020 s. 390(Sch. 1 item 23.3).\n\n***Council*** has the same meaning as it has in section 3(1) of the **Local Government Act 2020**;\n\n***public sector body*** means—\n\n(a) a Department within the meaning of section 4(1) of the **Public Administration Act 2004**;\n\n(b) a statutory authority which is prescribed for the purposes of this section;\n\n(c) a statutory corporation which is prescribed for the purposes of this section.\n\nS. 39 (Heading) substituted by No. 33/2017 s. 10(1), amended by No. 9/2023 s. 103(1).\n\n","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Information systems","content":"\t39 Information systems\n\n(1) The Secretary must ensure that the Department maintains information systems for the purposes of enabling—\n\n(a) the planning, monitoring, evaluating, provision and funding of disability services for persons with a disability;\n\n(b) the Secretary to achieve the objectives and perform the functions conferred on the Secretary under this Act or any other law relating to disability.\n\nS. 39(2) amended by No. 19/2019 s. 35(1), repealed by No. 9/2023 s. 103(2).\n\nS. 39(3) amended by No. 19/2019 s. 35(2), repealed by No. 9/2023 s. 103(2).\n\nS. 39(3A) inserted by No. 19/2019 s. 35(3), repealed by No. 9/2023 s. 103(2) .\n\nS. 39(4) amended by Nos 57/2014 s. 151(3), 69/2016 s. 156, 4/2017 s. 15(1), 33/2017 s. 10(2), 13/2019 s. 221(Sch. 1 item 12.2), 19/2019 s. 35(4), repealed by No. 9/2023 s. 103(2).\n\nS. 39(5) repealed by No. 9/2023 s. 103(2).\n\nS. 39(6) inserted by No. 33/2017 s. 10(3), substituted by No. 19/2019 s. 35(5), repealed by No. 9/2023 s. 103(2).\n\nS. 39(7)(8) inserted by No. 33/2017 s. 10(3), repealed by No. 9/2023 s. 103(2).\n\nS. 39(9) inserted by No. 33/2017 s. 10(3), amended by No. 19/2019 s. 35(6), repealed by No. 9/2023 s. 103(2).\n\nS. 39(10) inserted by No. 33/2017 s. 10(3), repealed by No. 38/2018 s. 312.\n\nS. 39A inserted by No. 19/2019 s. 36, substituted by No. 34/2020 s. 195, repealed by No. 9/2023 s. 104.\n\nS. 40 repealed by No. 37/2021 s. 357.\n\nS. 41 amended by No. 19/2019 s. 37, repealed by No. 37/2021 s. 357.\n\nS. 42 repealed by No. 37/2021 s. 357.\n\nS. 43 amended by No. 19/2019 s. 38, repealed by No. 37/2021 s. 357.\n\nS. 44 substituted by No. 19/2019 s. 39, repealed by No. 37/2021 s. 357.\n\nS. 45 amended by No. 19/2019 s. 40, repealed by No. 37/2021 s. 357.\n\nSs 46, 47 repealed by No. 37/2021 s. 357.\n\nS. 48 amended by No. 19/2019 s. 41, repealed by No. 37/2021 s. 357.\n\nS. 48A inserted by No. 19/2019 s. 42.\n\n","sortOrder":53},{"sectionNumber":"48A","sectionType":"section","heading":"Secretary may exempt disability service providers from requirements","content":"\t48A Secretary may exempt disability service providers from requirements\n\n(1) The Secretary may exempt a disability service provider from complying with any requirement of this Act that is specified in a written notice provided to the disability service provider.\n\n(2) The Secretary, by notice published in the Government Gazette, may exempt disability service providers belonging to a class of disability service providers from complying with any requirement of this Act that is specified in the notice.\n\nDivision 2—Accessing disability services\n\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Request for disability services","content":"\t49 Request for disability services\n\nS. 49(1) amended by No. 9/2023 s. 26(1).\n\n(1) A person with a disability or a person on behalf of a person with a disability may request the Secretary to provide access to disability services from the Secretary, funded service providers or contracted service providers.\n\nS. 49(2) amended by No. 9/2023 s. 26(2).\n\n(2) If the Secretary receives a request under subsection (1), the Secretary may—\n\n(a) agree to the request; or\n\n(b) refuse the request.\n\nS. 49(3) substituted by No. 9/2023 s. 26(3).\n\n(3) For the purpose of making a decision under subsection (2), the Secretary may—\n\n(a) require the person who made the request under subsection (1) or the person in respect of whom the request was made to provide more information; or\n\n(b) in accordance with section 50, require the person in respect of whom the request under subsection (1) was made to undergo a formal assessment.\n\nS. 49(4) substituted by No. 9/2023 s. 26(3).\n\n(4) The Secretary, within 14 days of making a decision under subsection (2), must notify the person who made the request under subsection (1) and the person in respect of whom the request was made (if the request was made on that person's behalf) in writing—\n\n(a) of the Secretary's decision; and\n\n(b) if the request is refused, of the reasons for the refusal; and\n\n(c) of any decision made under section 50 as to whether the person in respect of whom the request was made has a disability; and\n\n(d) that the person who made the request  or the person in respect of whom the request was made can apply to VCAT for a review of the decision referred to in paragraph (c).\n\nS. 49(5) amended by No. 9/2023 s. 26(4).\n\n(5) If the Secretary agrees to a request under subsection (1) without requiring an assessment of the person, the provision of disability services to the person is not of itself to be taken to be evidence that the person to whom the disability services are provided is a person with a disability.\n\nS. 50 substituted by No. 9/2023 s. 27.\n\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Decision by Secretary as to disability","content":"\t50 Decision by Secretary as to disability\n\n(1) For the purposes of a request under section 49(1), the Secretary may decide whether or not the person in respect of whom the request was made has a disability.\n\n(2) Subject to subsection (3), the Secretary, in making a decision under subsection (1) or section 49(2), may request any relevant information (including personal information and health information) from any person or body.\n\n(3) Before requesting personal information or health information about a person under subsection (2), the Secretary must obtain the consent of—\n\n(a) the person; or\n\n(b) if the person is unable to consent, the person's guardian; or\n\n(c) if another person requested disability services under section 49(1) on behalf of the person and the Secretary is unable to obtain consent under paragraph (a) or (b), the person who made the request.\n\n(4) A person or body that receives a request for information under subsection (2) is authorised to give the information to the Secretary.\n\n(5) Subsection (4) has effect despite any other Act or law, other than the **Charter of Human Rights and Responsibilities Act 2006**.\n\n(6) The Secretary may determine the appropriate process to enable the Secretary to make a decision as to disability.\n\n(7) If the Secretary decides that a formal assessment is necessary, the Secretary must ensure that the formal assessment is commenced within 30 days of receiving the request under section 49(1).\n\n(8) Despite subsection (7), the Secretary may—\n\n(a) defer the commencement of a formal assessment for up to 3 months after receiving the request under section 49(1); or\n\n(b) discontinue any uncompleted formal assessment and defer the undertaking of a further formal assessment for up to 3 months after discontinuing the formal assessment—\n\nif the Secretary believes on reasonable grounds that any formal assessment completed before then is unlikely to establish reliably whether or not the person has a disability.\n\nS. 50A inserted by No. 9/2023 s. 27.\n\n","sortOrder":56},{"sectionNumber":"50A","sectionType":"section","heading":"Application to VCAT for review of decision as to disability","content":"\t50A Application to VCAT for review of decision as to disability\n\n(1) The following persons may apply to VCAT for a review of a decision under section 50(1)—\n\n(a) the person who made the request for access to disability services under section 49(1);\n\n(b) the person in respect of whom the request under section 49(1) was made.\n\n(2) An application under subsection (1) must be made within 28 days after the person is notified of the decision under section 49(4).\n\n(3) On an application under subsection (1), VCAT may—\n\n(a) confirm the decision; or\n\n(b) order that the decision be substituted by the decision of the Tribunal; or\n\n(c) remit the matter to the Secretary for further consideration in accordance with this Act.\n\n(4) A decision of VCAT under subsection (3)(b) has effect as if it were the decision of the Secretary.\n\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Effect of decision of Secretary","content":"\t51 Effect of decision of Secretary\n\nA decision by the Secretary under section 50 that a person has a disability does not of itself entitle the person to the provision of disability services.\n\nPt 4 Div. 3 (Heading and ss 52−55) amended by Nos 10/2012 s. 14(4), 22/2012 s. 14, 19/2019 s. 128, repealed by No. 37/2021 s. 358.\n\nPart 5—Residential services\n\nDivision 1—General provisions\n\n\t56 Purpose and application of Part\n\nS. 56(1) substituted by No. 9/2023 s. 28.\n\n(1) The purpose of this Part is to create specific rights for persons residing in residential services and to impose specific obligations on disability service providers providing residential services whilst enabling the support and treatment needs of persons with a disability to be met and the obligations of disability service providers to be fulfilled.\n\n(2) The **Residential Tenancies Act 1997** does not apply in respect of residential services.\n\n(3) The regulations may provide that a prescribed class of disability service provider is, subject to any prescribed conditions, exempted from complying with prescribed provisions of this Part specified in respect of that prescribed class of disability service provider.\n\n(4) This Part does not apply in respect of persons residing in residential treatment facilities and the provision of residential services in residential treatment facilities.\n\nS. 56(5) inserted by No. 38/2018 s. 313, amended by No. 9/2023 s. 89.\n\n(5) This Part does not apply in respect of SDA residents residing in SDA dwellings.\n\nS. 56(6) inserted by No. 38/2018 s. 313, amended by No. 9/2023 s. 89.\n\n(6) This Part does not apply to disability service providers to the extent that the disability service provider is an SDA provider providing SDA dwellings to SDA residents.\n\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Residential statement","content":"\t57 Residential statement\n\nS. 57(1) amended by No. 22/2012 s. 15(1).\n\n(1) Subject to subsection (1A), a disability service provider providing residential services must—\n\n(a) give a person with a disability a residential statement in writing when they commence residing at the residential service; and\n\n(b) provide a copy of the residential statement to the resident's guardian or the resident's administrator, if any.\n\nS. 57(1A) inserted by No. 22/2012 s. 15(2), substituted by No. 9/2023 s. 29(1).\n\n(1A) In circumstances where more than one disability service provider provides residential services at a residential service, only the disability service provider delivering the majority of the services at the residential service is required to comply with subsection (1).\n\nS. 57(1B) inserted by No. 22/2012 s. 15(2), repealed by No. 9/2023 s. 29(1).\n\n(2) The residential statement must specify—\n\n(a) the period to which the residential statement relates;\n\nS. 57(2)(ab) inserted by No. 9/2023 s. 29(2)(a).\n\n(ab) the intended period of time the person will reside at the residential service;\n\n(b) details of the residential services to be provided;\n\nS. 57(2)(c) substituted by No. 22/2012 s. 15(3).\n\n(c) the name and contact details of the disability service provider;\n\n(d) a statement as to the amount of the residential charge, what components will be provided and when and how the amount is to be paid;\n\nS. 57(2)(e) amended by No. 22/2012 s. 15(4), substituted by No. 9/2023 s. 29(2)(b).\n\n(e) any conditions or requirements which apply to the provision of the residential services including any of the following—\n\n(i) restrictions that apply in the residential service;\n\n(ii) supervision requirements that apply in the residential service;\n\n(iii) community access and support requirements;\n\n**Example**\n\nA resident may have a behaviour support plan or a treatment plan with which the resident must comply.\n\nS. 57(2)(ea) inserted by No. 9/2023 s. 29(2)(b).\n\n(ea) information relating to matters which may lead to the suspension or termination of a person's residency;\n\nS. 57(2)(eb) inserted by No. 9/2023 s. 29(2)(b).\n\n(eb) the dates by which the residential statement is to be reviewed—\n\n(i) the first of which being a date not later than 12 months after the date of the statement; and\n\n(ii) any date subsequent to the first date being at least every 12 months;\n\nS. 57(2)(ec) inserted by No. 9/2023 s. 29(2)(b).\n\n(ec) whether any directions or civil or criminal orders apply to the person with a disability and, if appropriate, attach the conditions of the order to the residential statement;\n\n(f) information relating to a matter which is prescribed for the purposes of this section.\n\n(3) A residential statement may include other information.\n\nS. 57(3A) inserted by No. 9/2023 s. 29(3).\n\n(3A) If the treatment plan of a person with a disability is varied after they have been given a residential statement, the disability service provider must ensure that the person is given a copy of the revised conditions, requirements or restrictions as soon as practicable after the disability service provider has received a copy of the varied conditions, requirements or restrictions.\n\nS. 57(4) amended by No. 9/2023 s. 29(4).\n\n(4) A residential statement must not include information that is inconsistent with this Act or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act.\n\nS. 57(5) amended by No. 9/2023 s. 29(5).\n\n(5) If any information provided under subsection (3) is inconsistent with this Act or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act or with the information required to be provided under subsection (2), the information cannot be used or relied upon.\n\n(6) A statement of the duties of the disability service provider and the rights and duties of residents in the form approved by the Secretary must be attached to the residential statement.\n\nS. 57(7) amended by No. 9/2023 s. 29(6)(a).\n\n(7) The statement of resident's rights and duties must state the rights and duties of a resident under this Act or another relevant Act including—\n\n(a) the right to see a community visitor;\n\n(b) the right to make a complaint;\n\nS. 57(7)(c) amended by No. 9/2023 s. 29(6)(b).\n\n(c) the procedures for making a complaint or seeking a review under this Act;\n\nS. 57(7)(d) inserted by No. 9/2023 s. 29(6)(c).\n\n(d) the rights and duties of the resident subject to any directions or orders made under any Act that requires the resident to live at the residential service including any conditions to which the resident is subject under any direction or order;\n\nS. 57(7)(e) inserted by No. 9/2023 s. 29(6)(c).\n\n(e) the right to seek assistance from the disability service provider to contact an advocate to support the resident in relation to any concerns the resident may have regarding any order the resident is subject to or the conditions on the order they are subject to.\n\n(8) The disability service provider must give the resident reasonable notice in writing of any change in the information provided in the residential statement.\n\n(9) If notice of any change in the information provided in the residential statement is given in accordance with another provision of this Act, the notice is also to be taken to have been given under subsection (8).\n\n(10) The information provided in a residential statement is to be taken to have been updated to include the information provided under subsection (8).\n\nS. 57(11) repealed by No. 22/2012 s. 15(5).\n\n(12) If a disability service provider fails to provide information required under this section or fails to give reasonable notice of any change in the information, the disability service provider cannot rely on that information to enforce a provision of this Act.\n\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Duties of disability service provider providing residential services","content":"\t58 Duties of disability service provider providing residential services\n\n(1) A disability service provider providing residential services must—\n\nS. 58(1)(a) amended by No. 9/2023 s. 30(1)(a).\n\n(a) take reasonable measures to ensure that residents are treated with dignity and respect;\n\n(b) ensure that the premises in which the residential services are provided and any fixtures, furniture and equipment provided are maintained in good repair;\n\n(c) minimise any inconvenience or disruption to residents when undertaking repairs or renovations;\n\n(d) take reasonable steps to ensure that any repairs or renovations are completed in a timely and reasonable manner;\n\nS. 58(1)(e) amended by No. 9/2023 s. 30(1)(b).\n\n(e) subject to subsection (2), not unreasonably limit or interfere with a resident's access to their room or to the toilet, bathroom or other common areas in the premises which are available for the resident's use;\n\nS. 58(1)(f) amended by No. 9/2023 s. 30(1)(c).\n\n(f) subject to subsection (2A), not unreasonably interfere with a resident's right to privacy or proper use and enjoyment of the premises;\n\n(g) take reasonable measures to ensure the security of a resident's property;\n\n(h) be accessible to residents by—\n\nS. 58(1)(h)(i) amended by No. 22/2012 s. 16(1).\n\n(i) providing the contact details of the disability service provider; and\n\nS. 58(1)(h)(ii) amended by Nos 22/2012 s. 16(1), 9/2023 s. 30(1)(d).\n\n(ii) ensuring that the times during which the disability service provider can be contacted are reasonable having regard to all the circumstances including the kind of support and treatment being provided to residents;\n\nS. 58(1)(ha) inserted by No. 9/2023 s. 30(1)(e).\n\n(ha) take reasonable steps to support the resident in relation to the implementation of any treatment plan or behaviour support plan and in relation to community access;\n\nS. 58(1)(hb) inserted by No. 9/2023 s. 30(1)(e).\n\n(hb) disclose information relating to the treatment, support and safety needs of the resident with other service providers in accordance with this Act or any other Act;\n\nS. 58(1)(i) substituted by No. 9/2023 s. 30(1)(f).\n\n(i) ensure—\n\n(i) that residents receive any information which they are required to be given under this Part; and\n\n(ii) that it complies with section 7 for the purposes of providing advice, information or notices to residents;\n\nS. 58(1)(j) inserted by No. 9/2023 s. 30(1)(f).\n\n(j) take reasonable steps to support a person with a disability to understand and comply with any direction or order, or condition on any order, or any treatment plan, that the person is subject to and which requires the person to live at the residential service;\n\nS. 58(1)(k) inserted by No. 9/2023 s. 30(1)(f).\n\n(k) if the disability service provider suspects that a direction or an order, or condition on any order, that a person with a disability is subject to and that requires the person to live at the residential service has been breached, report the suspected breach to the responsible authority.\n\n(2) For the purposes of subsection (1)(e), a resident's access is not unreasonably limited or interfered with if the limitation or restriction is imposed by the disability service provider in accordance with—\n\nS. 58(2)(a) amended by No. 22/2012 s. 16(2).\n\n(a) the resident's behaviour support plan which has been lodged with the Senior Practitioner; or\n\n(b) the resident's treatment plan; or\n\nS. 58(2)(c) amended by Nos 22/2012 s. 16(2), 9/2023 s. 30(2)(a).\n\n(c) a direction in respect of the resident given to the disability service provider by the Senior Practitioner, including a direction requiring an amendment to the resident's behaviour support plan or treatment plan; or\n\nS. 58(2)(d) inserted by No. 9/2023 s. 30(2)(b).\n\n(d) a direction, a civil or criminal order or a condition on any order to which the resident is subject requiring the person to reside at the residential service.\n\nS. 58(2A) inserted by No. 9/2023 s. 30(3).\n\n(2A) For the purposes of subsection (1)(f), a resident's privacy or proper use and enjoyment of the premises is not unreasonably interfered with or limited if the limitation or restriction is imposed by the disability service provider in accordance with—\n\n(a) the resident's behaviour support plan which has been lodged with the Senior Practitioner; or\n\n(b) the resident's treatment plan; or\n\n(c) a direction in respect of the resident given to the disability service provider by the Senior Practitioner, including a direction requiring an amendment to the resident's behaviour support plan or treatment plan; or\n\n(d) a direction, a civil or criminal order, or condition on any order to which the resident is subject requiring the person to reside at the residential service.\n\nS. 58(3) amended by No. 9/2023 s. 30(4).\n\n(3) A disability service provider must implement strategies to minimise the impact on other residents in the residential service of a limitation or restriction to which subsection (2) or (2A) applies.\n\n(4) The duties imposed on a disability service provider by this section are to be given effect to having regard to the need to ensure that there is a reasonable balance between the rights of residents and the safety of all the residents in the residential service.\n\nS. 58(5) inserted by No. 9/2023 s. 30(5).\n\n***responsible authority*** means—\n\n(a) the entity responsible for supervising an order a person with a disability is subject to that requires the person to reside at a residential service; or\n\n(b) the person who has directed a person with a disability to reside at a residential service.\n\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Duties of residents","content":"\t59 Duties of residents\n\n(1) A resident must—\n\nS. 59(1)(a) repealed by No. 9/2023 s. 31(1)(a).\n\nS. 59(1)(b) amended by No. 9/2023 s. 31(1)(b).\n\n(b) pay the specified charges (if any) on the due date and in the specified manner;\n\n(c) maintain their room and any common areas in a manner that does not create a fire, health or safety hazard;\n\n(d) notify the disability service provider of any damage caused knowingly and intentionally which is not the result of fair wear and tear;\n\nS. 59(1)(e) amended by No. 9/2023 s. 31(1)(c).\n\n(e) contribute to the cost of repairing damage notified under paragraph (d);\n\nS. 59(1)(f) inserted by No. 9/2023 s. 31(1)(d).\n\n(f) comply with any direction or order, or condition of any direction or order, that the resident is subject to that requires the resident to live at the residential service.\n\n(2) A resident must not—\n\n(a) use the premises for a purpose that is illegal at common law or under an Act;\n\n(b) knowingly and intentionally do anything which interferes with the right of other residents to privacy or the proper use and enjoyment of the premises;\n\n(c) knowingly and intentionally damage or destroy any part of the premises;\n\nS. 59(2)(d) amended by No. 9/2023 s. 31(2)(a).\n\n(d) install any fixtures in the premises without first obtaining the consent in writing of the disability service provider;\n\nS. 59(2)(e) inserted by No. 9/2023 s. 31(2)(b).\n\n(e) knowingly and intentionally breach any conditions specified in their residential statement.\n\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Entry to a resident's room","content":"\t60 Entry to a resident's room\n\n(1) After giving the resident 24 hours notice in writing of the intention to do so and the reason, a disability service provider may enter a resident's room—\n\n(a) to undertake refurbishment, maintenance or repairs or for the purpose of preparing for refurbishment, maintenance or repairs;\n\n(b) for the purpose of showing the room to a prospective resident;\n\n(c) for the purpose of showing the room to a prospective buyer or lender because the residential service is to be sold or used as security for a loan;\n\n(d) for valuation or insurance purposes.\n\n(2) A disability service provider may enter a resident's room without giving notice only if—\n\n(a) the resident agrees to the entry at the time entry is sought; or\n\n(b) there is an emergency; or\n\nS. 60(2)(c) amended by No. 9/2023 s. 32(2).\n\n(c) the disability service provider believes on reasonable grounds that entry is necessary to protect the health or safety of the resident or of any other person on the premises; or\n\nS. 60(2)(ca) inserted by No. 9/2023 s. 32(1).\n\n(ca) the disability service provider suspects on reasonable grounds that there has been a breach of a direction, a civil or criminal order or a condition of an order that the resident is subject to that requires the resident to reside at the residential service; or\n\nS. 60(2)(d) amended by No. 9/2023 s. 32(2).\n\n(d) the disability service provider believes on reasonable grounds that the resident has abandoned the room; or\n\n(e) it is necessary to do so to undertake urgent repairs; or\n\nS. 60(2)(f) amended by No. 9/2023 s. 32(3).\n\n(f) it is necessary to do so to provide support or assistance to the person which is related to the person's disability; or\n\nS. 60(2)(g) amended by No. 22/2012 s. 17.\n\n(g) entry is required to implement the resident's behaviour support plan or treatment plan.\n\nS. 60(3) repealed by No. 9/2023 s. 32(4).\n\n(4) This section does not affect the exercise of a right of entry conferred on the Senior Practitioner, a Community Visitor, the Disability Services Commissioner or the Secretary by or under this Act.\n\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Manner of entry","content":"\t61 Manner of entry\n\nA disability service provider exercising a right of entry under this Division—\n\n(a) must do so in a reasonable manner; and\n\n(b) must not stay in the room longer than is necessary to achieve the purpose of the entry without the resident's consent.\n\nS. 61A inserted by No. 9/2023 s. 33.\n\n","sortOrder":63},{"sectionNumber":"61A","sectionType":"section","heading":"Termination of residency in residential service","content":"\t61A Termination of residency in residential service\n\n(1) The residency of a person receiving residential services is terminated in the following circumstances—\n\n(a) if the period of residency specified in the residential statement has expired and written extension of the residency has not been offered;\n\n(b) if the person is no longer subject to a direction or a civil or criminal order requiring them to live at the residential service and suitable alternative premises are available for the person to move to;\n\n(c) if the person has moved to another premises;\n\n(d) if the person has resided somewhere other than the residential service for at least 3 months in accordance with a direction or an order of a court or tribunal and there is no agreement in writing between the person and the Secretary for the residency of the person to continue in the residential service;\n\n(e) if the disability service provider providing the residential service gives the person written notice that the residency of the person in the residential service will end on a future date specified in the notice;\n\n(f) by agreement in writing between the person and the disability service provider providing the residential service.\n\n(2) A disability service provider who is a funded service provider or a contracted service provider must—\n\n(a) comply with any guidelines issued by the Secretary regarding termination of a person's residency in a residential service; and\n\n(b) at least 30 days before terminating the residency of a person under subsection (1)(d) or (e), notify the Secretary of the proposed termination.\n\n(3) For the purposes of subsection (1)(b), ***suitable alternative premises*** are premises that meet guidelines issued by the Secretary (if any).\n\nS. 61B inserted by No. 9/2023 s. 33.\n\n","sortOrder":64},{"sectionNumber":"61B","sectionType":"section","heading":"Specialist forensic disability accommodation","content":"\t61B Specialist forensic disability accommodation\n\n(1) The Secretary may in writing determine that accommodation provided by a disability service provider that provides forensic disability support and treatment to people with—\n\n(a) an intellectual disability; or\n\n(b) an acquired brain injury or neurological impairment that is a disability within the meaning of paragraph (a) of the definition of ***disability***—\n\nis specialist forensic disability accommodation.\n\n(2) The Secretary must give the Public Advocate written notice of any determination made under subsection (1) no later than 7 days after making the determination.\n\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Offences relating to interference with rights","content":"\t62 Offences relating to interference with rights\n\n(1) Except in accordance with this Act, a person must not—\n\n(a) require or force or attempt to require or force a resident to vacate his or her room; or\n\n(b) take or attempt to take possession of a room in which a resident resides.\n\n1. 20 penalty units.\n\n(2) Except in accordance with this Act, a person must not, for the purposes of causing a resident to abandon a room—\n\n(a) interfere with the proper use and enjoyment by the resident of the room; or\n\n(b) do any other act or thing intended or designed to cause the resident to abandon the room.\n\n1. 20 penalty units.\n\nS. 62(3) amended by No. 9/2023 s. 34.\n\n(3) This section does not apply to a restriction or limitation to which section 58(2) or (2A) applies.\n\nPt 5 Div. 2 (Heading and ss 63−85) amended by Nos 22/2012 ss 18−34, 75/2013 ss 3−5, 37/2014 s. 10(Sch. item 45.2), repealed by No. 9/2023 s. 90.\n\nPt 5 Div. 3 (Heading and ss 86–88) repealed by No. 19/2019 s. 129.\n\n","sortOrder":66},{"sectionNumber":"Part 6","sectionType":"part","heading":"Rights and accountability","content":"Part 6—Rights and accountability\n\nPt 6 Div. 1 (Heading and s. 89) amended by No. 9/2023 s. 109, repealed by No. 37/2021 s. 360A (as amended by No. 9/2023 s. 268).\n\nDivision 2—Provisions relating to the management of money\n\n","sortOrder":67},{"sectionNumber":"90","sectionType":"section","heading":"Management of money","content":"\t90 Management of money\n\n(1) Except in accordance with this Division, a disability service provider, or a person employed by a disability service provider, must not act as a financial administrator for a person with a disability provided with disability services by that disability service provider.\n\n(2) Subsection (1) does not apply if the disability service provider is the Secretary providing a service in the performance of a function or the exercise of a power in accordance with another Act.\n\n","sortOrder":68},{"sectionNumber":"91","sectionType":"section","heading":"Residents' Trust Fund","content":"\t91 Residents' Trust Fund\n\n(1) The Residents' Trust Fund established under section 45 of the **Intellectually Disabled Persons' Services Act 1986** is continued under this Act.\n\n(2) The Secretary must maintain the Residents' Trust Fund for money held in trust on behalf of a resident in a residential service.\n\n(3) The money in the Residents' Trust Fund must be held in one or more of the following ways—\n\n(a) in an account or accounts at an authorised deposit-taking institution in the name of the Secretary;\n\n(b) as an investment or investments in accordance with section 94;\n\n(c) as cash in a secure place at a residential service.\n\n(4) The Secretary must ensure that money is only held under subsection (3)(c) to cover likely withdrawals from the Residents' Trust Fund and that the amount held does not exceed the limit specified by the Secretary.\n\n","sortOrder":69},{"sectionNumber":"92","sectionType":"section","heading":"Money to be paid into the Residents' Trust Fund by the Secretary","content":"\t92 Money to be paid into the Residents' Trust Fund by the Secretary\n\nThe Secretary must ensure that there is paid into the Residents' Trust Fund as soon as is practicable—\n\n(a) any money that is received by any officer or employee of the Department from, or on behalf of, a person with a disability residing at a residential service for the benefit or use of the person with a disability; and\n\n(b) all income earned on any money in the Residents' Trust Fund.\n\n","sortOrder":70},{"sectionNumber":"93","sectionType":"section","heading":"Management of money of a resident","content":"\t93 Management of money of a resident\n\nS. 93(1) substituted by No. 22/2012 s. 35(1).\n\n(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—\n\n(a) the resident; or\n\n(b) the resident's guardian; or\n\n(c) the resident's administrator; or\n\n(d) a person who gives the disability service provider money to be managed for the resident, if the disability service provider is satisfied that the person—\n\n(i) is a member of the resident's family or is otherwise significant in the life of the resident; and\n\n(ii) informally manages or controls the resident's money.\n\n(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—\n\n(a) held on trust on behalf of the resident; and\n\n(b) deposited in a trust account until it is dealt with on behalf of the resident.\n\nS. 93(3) amended by No. 22/2012 s. 35(2).\n\n(3) If a disability service provider providing residential services manages, controls or holds on trust under subsection (2) the money of a resident, the disability service provider must—\n\nS. 93(3)(a) substituted by No. 22/2012 s. 35(3).\n\n(a) keep a copy of the consent given in accordance with subsection (1) in relation to that money;\n\nS. 93(3)(b) substituted by No. 22/2012 s. 35(3).\n\n(b) if the money is not deposited in a trust account in accordance with subsection (2), keep the money of the resident in a secure place;\n\n(c) maintain an accurate and up to date financial management system which provides a record of—\n\n(i) the money of the resident;\n\n(ii) the receipt and expenditure by the disability service provider of the money of the resident;\n\n(iii) any investment of the money of the resident;\n\n(d) ensure that records kept under paragraph (c) individually itemise each transaction made on behalf of the resident.\n\nS. 93(4) amended by No. 22/2012 s. 35(2)(4).\n\n(4) A disability service provider who manages, controls or holds on trust under subsection (2) the money of a resident must provide a statement at the end of each month to the person who gave consent under subsection (1) specifying—\n\n(a) the current balance held on behalf of the resident;\n\n(b) any income received and expenditure incurred on behalf of the resident since the previous statement;\n\n(c) the current status of any liabilities incurred on behalf of the resident.\n\nS. 93(5) amended by No. 22/2012 s. 35(4).\n\n(5) The disability service provider must, upon request, give access to the resident's financial records held by the disability service provider to the person who gave consent under subsection (1).\n\n(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.\n\n(7) In this section, ***money of a resident*** does not include money—\n\n(a) payable to the disability service provider in relation to services provided by the disability service provider; or\n\n(b) paid by the Secretary to a person to purchase disability services to be provided to the resident.\n\n","sortOrder":71},{"sectionNumber":"94","sectionType":"section","heading":"Investment of money","content":"\t94 Investment of money\n\n(1) The Secretary may invest any money in the Residents' Trust Fund that is not immediately required for use.\n\n(2) A disability service provider, other than the Secretary, may invest any money held on behalf of a resident that is not immediately required for use by the resident.\n\n(3) Money invested under this section may be invested in any manner in which money may be invested under the **Trustee Act 1958**.\n\n","sortOrder":72},{"sectionNumber":"95","sectionType":"section","heading":"Limit on amount held","content":"\t95 Limit on amount held\n\n(1) The amount standing to the credit of a resident in that person's trust account must not exceed the amount prescribed for the purposes of this section.\n\n(2) If the Secretary or the disability service provider considers that an amount to be credited to a person's trust account will result in the amount standing to the credit of the person exceeding the amount prescribed under subsection (1), the Secretary or the disability service provider must advise the person, or arrange for the person or the person's representative to be advised, to invest the money in an appropriate manner.\n\n","sortOrder":73},{"sectionNumber":"96","sectionType":"section","heading":"Trust money must be paid when person leaves","content":"\t96 Trust money must be paid when person leaves\n\n(1) When a person ceases to reside at a residential service, the Secretary must pay all money standing to the credit of the person in the Residents' Trust Fund to the person or the person's representative.\n\n(2) When a person ceases to reside at a residential service, the disability service provider must pay all money standing to the credit of the person in any trust account kept in respect of the person by the disability service provider to the person or the person's representative.\n\nPt 6 Div. 3 (Heading) amended by No. 37/2021 s. 361.\n\nDivision 3—Monitoring of performance\n\nS. 97 amended by No. 60/2014 s. 140(Sch. 3 item 12.1), repealed by No. 37/2021 s. 362.\n\nS. 98 repealed by No. 37/2021 s. 362.\n\n","sortOrder":74},{"sectionNumber":"99","sectionType":"section","heading":"Power of Secretary to give directions","content":"\t99 Power of Secretary to give directions\n\nS. 99(1) amended by No. 9/2023 s. 99.\n\n(1) This section applies if the Secretary considers that a disability service provider that is a contracted service provider or a funded service provider has breached or failed to comply with—\n\nS. 99(1)(a) repealed by No. 37/2021 s. 363(1).\n\n(b) any condition subject to which funding for the disability service is provided by the Secretary under section 9 or 10; or\n\n(c) this Act or any other requirement made in accordance with this Act.\n\n(2) If this section applies, the Secretary may by notice in writing direct the disability service provider—\n\nS. 99(2)(a) amended by No. 37/2021 s. 363(2).\n\n(a) to remedy the breach or comply with the condition or requirement within the period specified in the direction; or\n\n(b) to provide the disability service in accordance with conditions specified in the notice.\n\n(3) A direction under subsection (2)(a) may include advice as to measures to be taken to remedy the breach or comply with the condition or requirement.\n\n(4) A disability service provider must comply with a direction given under subsection (2).\n\n","sortOrder":75},{"sectionNumber":"100","sectionType":"section","heading":"Further powers of Secretary","content":"\t100 Further powers of Secretary\n\nS. 100(1) amended by No. 9/2023 s. 100.\n\n(1) This section applies if the Secretary considers that a disability service provider that is a contracted service provider or a funded service provider has failed to comply with a direction under section 99.\n\n(2) If this section applies, the Secretary may—\n\n(a) stop any payments under section 9 or 10 until the breach is remedied or the condition complied with; or\n\n(b) terminate the contract; or\n\n(c) take action to remove the committee of management of the disability service provider in accordance with the legislation under which the committee of management was appointed.\n\nPt 6 Div. 4 (Heading and ss 101−103) amended by Nos 20/2012 s. 226(Sch. 5 item 11), 9/2013 s. 42(Sch. 2 item 8), repealed by No. 37/2021 s. 364.\n\nDivision 5—Complaints to disability service providers\n\nS. 103A inserted by No. 19/2019 s. 43, repealed by No. 37/2021 s. 365.\n\nS. 104 repealed by No. 37/2021 s. 365.\n\nS. 105 substituted by No. 22/2012 s. 36, amended by No. 33/2017 s. 11 (ILA s. 39B(1)).\n\n","sortOrder":76},{"sectionNumber":"105","sectionType":"section","heading":"Report on complaints","content":"\t105 Report on complaints\n\nS. 105(1) substituted by No. 37/2021 s. 366.\n\n(1) A disability service provider must provide an annual report to the Disability Services Commissioner including information about—\n\n(a) the number and type of complaints received by the disability service provider in respect of disability services provided by the disability service provider; and\n\n(b) the outcome of those complaints.\n\nS. 105(2) inserted by No. 33/2017 s. 11.\n\n(2) Subsection (1) does not apply to a disability service provider who is an exempt service provider.\n\nS. 106 substituted by No. 22/2012 s. 37, repealed by No. 37/2021 s. 367.\n\nPt 6 Div. 5A (Heading) substituted by No. 33/2017 s. 12.\n\nPt 6 Div. 5A (Heading and ss 106A–106C) inserted by No. 22/2012 s. 38.\n\n","sortOrder":77},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Complaints to regulated service providers","content":"Division 5A—Complaints to regulated service providers\n\nS. 106AA inserted by No. 19/2019 s. 44.\n\n\t106AA Application of Division and references\n\n(1) This Division applies to—\n\n(a) a regulated service provider; and\n\n(b) a former regulated service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.\n\n(2) A reference in this Division (other than in section 106B) to a regulated service provider is a reference to, as the case requires—\n\n(a) a regulated service provider; or\n\n(b) a former regulated service provider.\n\nS. 106A inserted by No. 22/2012 s. 38, substituted by No. 33/2017 s. 13.\n\n","sortOrder":78},{"sectionNumber":"106A","sectionType":"section","heading":"Internal process of regulated service provider for complaints","content":"\t106A Internal process of regulated service provider for complaints\n\nA regulated service provider must institute and operate a system to receive and resolve complaints received by the regulated service provider in respect of regulated disability services provided by the regulated service provider.\n\nPenalty: 120 penalty units.\n\nS. 106B inserted by No. 22/2012 s. 38, amended by No. 33/2017 s. 14.\n\n","sortOrder":79},{"sectionNumber":"106B","sectionType":"section","heading":"Report on complaints","content":"\t106B Report on complaints\n\nA regulated service provider, other than an exempt service provider, must provide an annual report to the Disability Services Commissioner including information about the number and type of complaints and the outcome of the complaints.\n\nS. 106C inserted by No. 22/2012 s. 38, amended by No. 33/2017 s. 15.\n\n","sortOrder":80},{"sectionNumber":"106C","sectionType":"section","heading":"Duty to take all reasonable steps to prevent adverse effects","content":"\t106C Duty to take all reasonable steps to prevent adverse effects\n\nA regulated service provider to whom a complaint is made must take all reasonable steps to ensure that the following persons are not adversely affected because a complaint has been made—\n\n(a) the person who made the complaint;\n\n(b) if the complaint was made on behalf of another person, that other person;\n\n(c) a person with a disability.\n\nDivision 6—Complaints to Disability Services Commissioner\n\nS. 107 substituted by No. 22/2012 s. 39.\n\n","sortOrder":81},{"sectionNumber":"107","sectionType":"section","heading":"Purpose of Division","content":"\t107 Purpose of Division\n\nThe purpose of this Division is to provide for an independent and accessible process for dealing with complaints about—\n\n(a) the provision of services by disability service providers; and\n\nS. 107(b) amended by No. 33/2017 s. 16(a).\n\n(b) the provision of services to persons with a disability by contracted service providers and funded service providers; and\n\nS. 107(c) inserted by No. 33/2017 s. 16(b).\n\n(c) the provision of services by prescribed service providers to persons with a disability specifically for the support of those persons.\n\nS. 108 amended by No. 19/2019 s. 45 (ILA s. 39B(1)).\n\n","sortOrder":82},{"sectionNumber":"108","sectionType":"section","heading":"Application of Division","content":"\t108 Application of Division\n\n(1) This Division does not apply to a complaint about a matter that could be the subject of a complaint to—\n\nS. 108(1)(a) amended by No. 22/2016 s. 170.\n\n(a) the Health Complaints Commissioner under the **Health Records Act 2001**; or\n\nS. 108(1)(b) substituted by Nos 60/2014 s. 140(Sch. 3 item 12.2), 20/2017 s. 134(Sch. 1 item 6).\n\n(b) the Information Commissioner under the **Privacy and Data Protection Act 2014**.\n\nS. 108(2) inserted by No. 19/2019 s. 45.\n\n(2) This Division applies to—\n\n(a) a disability service provider; and\n\n(b) a regulated service provider; and\n\n(c) a former disability service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the lapse or revocation of its registration; and\n\n(d) a former regulated service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.\n\nS. 108A inserted by No. 22/2012 s. 40, substituted by No. 33/2017 s. 17, amended by No. 19/2019 s. 46 (ILA s. 39B(1)).\n\n","sortOrder":83},{"sectionNumber":"108A","sectionType":"section","heading":"References to service provider","content":"\t108A References to service provider\n\n(1) To avoid doubt, in this Division, a reference to ***the service provider***, in relation to a complaint, is a reference to the service provider about whom the complaint has been made.\n\nS. 108A(2) inserted by No. 19/2019 s. 46.\n\n(2) A reference in this Division to service provider is a reference to, as the case requires—\n\nS. 109 substituted by No. 22/2012 s. 41, amended by No. 33/2017 s. 18(2) (ILA s. 39B(1)).\n\n","sortOrder":84},{"sectionNumber":"109","sectionType":"section","heading":"What matters can be the subject of a complaint?","content":"\t109 What matters can be the subject of a complaint?\n\n(1) A complaint may be made to the Disability Services Commissioner if the complaint—\n\nS. 109(1)(a) substituted by No. 33/2017 s. 18(1), amended by No. 19/2019 s. 47(a).\n\n(a) arises out of the provision of disability services or regulated disability services by a service provider; or\n\nS. 109(1)(b) substituted by No. 33/2017 s. 18(1), amended by No. 19/2019 s. 47(b).\n\n(b) is that a service provider has acted unreasonably by not properly investigating, or not taking proper action on, a complaint made to the service provider.\n\nS. 109(1)(c) repealed by No. 33/2017 s. 18(1).\n\nS. 109(2) inserted by No. 33/2017 s. 18(2).\n\n(2) A complaint about a provision of services by an exempt service provider may not be made to the Disability Services Commissioner under this section.\n\n","sortOrder":85},{"sectionNumber":"110","sectionType":"section","heading":"Who may make a complaint?","content":"\t110 Who may make a complaint?\n\nAny person may make a complaint to the Disability Services Commissioner.\n\n","sortOrder":86},{"sectionNumber":"111","sectionType":"section","heading":"How do you make a complaint?","content":"\t111 How do you make a complaint?\n\n(1) A person may make a complaint to the Disability Services Commissioner—\n\n(a) orally; or\n\n(b) in writing; or\n\n(c) by any other means which is appropriate in the circumstances.\n\n(2) If the Disability Services Commissioner receives an oral complaint, the Disability Services Commissioner must require the person who made the complaint to confirm the complaint in writing unless the Disability Services Commissioner is satisfied that there is good reason why the complaint should not be confirmed in writing.\n\n(3) The Disability Services Commissioner may require a person who makes a complaint to the Disability Services Commissioner to give more information about the complaint in a form and within a time fixed by the Disability Services Commissioner.\n\n(4) Subject to subsection (6), a person who complains to the Disability Services Commissioner must give their name and any other information relating to their identity as the Disability Services Commissioner may require.\n\n(5) The Disability Services Commissioner may determine to keep information given to the Disability Services Commissioner under subsection (4) confidential if the Disability Services Commissioner considers that—\n\n(a) there are special circumstances; and\n\n(b) it is in the complainant's interest to keep the information confidential.\n\n(6) The Disability Services Commissioner may determine to consider a complaint despite the person making the complaint refusing to comply with subsection (4) if the Disability Services Commissioner is satisfied that the complaint requires investigation.\n\n(7) If subsection (6) applies, the Disability Services Commissioner is not required to comply with any provision of this Division requiring notice of any matter to be given to the person making the complaint unless the Disability Services Commissioner becomes aware of the identity of the person who made the complaint.\n\n(8) It is the duty of the Disability Services Commissioner to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint.\n\n","sortOrder":87},{"sectionNumber":"112","sectionType":"section","heading":"Withdrawal of complaint","content":"\t112 Withdrawal of complaint\n\n(1) The person who made a complaint to the Disability Services Commissioner may at any time withdraw the complaint by notifying the Disability Services Commissioner.\n\n(2) Subject to subsection (3), if the Disability Services Commissioner is notified under subsection (1), the Disability Services Commissioner must then stop dealing with the complaint.\n\nS. 112(3) amended by No. 22/2012 s. 42(1).\n\n(3) The Disability Services Commissioner may continue to deal with a complaint despite the complaint being withdrawn under subsection (1) if the Disability Services Commissioner considers that—\n\nS. 112(3)(a) amended by No. 22/2012 s. 42(2).\n\n(a) the health, safety or welfare of the person accessing the service may be affected; or\n\n(b) the complaint may have been withdrawn due to victimisation, coercion or duress.\n\n","sortOrder":88},{"sectionNumber":"113","sectionType":"section","heading":"Preliminary assessment of complaint","content":"\t113 Preliminary assessment of complaint\n\n(1) The Disability Services Commissioner must within the specified period decide whether to consider the complaint.\n\n(2) For the purpose of making a decision under subsection (1), the Disability Services Commissioner may by written notice invite a person to—\n\n(a) attend before the Disability Services Commissioner to discuss the complaint; or\n\n(b) produce a document specified in the notice.\n\n(3) The Disability Services Commissioner may attempt to resolve the complaint informally if the Disability Services Commissioner considers it appropriate to do so.\n\n(4) For the purposes of subsection (1), ***specified period*** means—\n\nS. 113(4)(a) substituted by No. 22/2012 s. 43.\n\n(a) the period of 90 days; or\n\nS. 113(4)(b) substituted by No. 22/2012 s. 43.\n\n(b) a period longer than 90 days that the Disability Services Commissioner considers reasonable—\n\nafter the complaint is received by the Disability Services Commissioner.\n\n","sortOrder":89},{"sectionNumber":"114","sectionType":"section","heading":"Circumstances in which the Disability Services Commissioner may decline to consider a complaint","content":"\t114 Circumstances in which the Disability Services Commissioner may decline to consider a complaint\n\n(1) The Disability Services Commissioner may decline to consider a complaint if—\n\n(a) the person has not complied with a requirement under section 111; or\n\n(b) the Disability Services Commissioner considers that the complaint—\n\n(i) is frivolous; or\n\n(ii) is vexatious; or\n\n(iii) is misconceived; or\n\n(iv) is lacking in substance; or\n\n(v) does not warrant investigation; or\n\n(c) the complaint has already been determined by a court, board or tribunal and does not raise any matter or issue that was not considered in that determination; or\n\n(d) the complaint is being considered by a court, board or tribunal; or\n\n(e) the complaint relates to an incident which occurred more than 12 months before the complaint is made and the Disability Services Commissioner considers the person who made the complaint has not shown a good reason for the delay; or\n\n(f) the Disability Services Commissioner considers that the Disability Services Commissioner does not have the jurisdiction to consider the complaint under this Act; or\n\n(g) the Disability Services Commissioner considers that the complaint raises issues which require investigation by another person, court, board or tribunal.\n\n(2) If subsection (1)(f) or (1)(g) applies, the Disability Services Commissioner may refer the complaint and any relevant information to the person, court, board or tribunal which the Disability Services Commissioner considers has power to resolve or deal with the matter.\n\nS. 114(3) amended by No. 22/2012 s. 44(1).\n\n(3) Unless subsection (4) applies, the Disability Services Commissioner must not conciliate or investigate a complaint unless the Disability Services Commissioner is satisfied that all reasonable steps have been taken to resolve the matter with the service provider.\n\n(4) Despite subsection (3), the Disability Services Commissioner may refer a complaint for conciliation or investigate a complaint if the Disability Services Commissioner considers that if he or she does not do so—\n\nS. 114(4)(a) amended by No. 22/2012 s. 44(2).\n\n(a) the health, safety or welfare of the person accessing the service may be affected; or\n\nS. 114(4)(b) amended by No. 22/2012 s. 44.\n\n(b) there is a risk that the person accessing the service may be victimised or intimidated because the matter has been raised with the service provider.\n\n","sortOrder":90},{"sectionNumber":"115","sectionType":"section","heading":"Notice of decision to consider or not to consider complaint","content":"\t115 Notice of decision to consider or not to consider complaint\n\n(1) Within 14 days of deciding not to consider a complaint, the Disability Services Commissioner must give written notice of the decision to the person who made the complaint.\n\nS. 115(2) amended by No. 22/2012 s. 45.\n\n(2) Unless section 120 applies, within 14 days after deciding to consider a complaint, the Disability Services Commissioner must give written notice of the decision to the service provider.\n\n","sortOrder":91},{"sectionNumber":"116","sectionType":"section","heading":"Consideration of complaint suitable for conciliation","content":"\t116 Consideration of complaint suitable for conciliation\n\n(1) If—\n\n(a) the Disability Services Commissioner decides to consider a complaint in whole or in part; and\n\n(b) the Disability Services Commissioner considers that the complaint is suitable for conciliation—\n\nthe Disability Services Commissioner must make all reasonable endeavours to conciliate the complaint.\n\n(2) The purpose of conciliation is to encourage the settlement of the complaint by—\n\nS. 116(2)(a) amended by No. 22/2012 s. 46.\n\n(a) arranging for the service provider and the person who made the complaint to hold informal discussions about the complaint; and\n\n(b) facilitating those discussions; and\n\nS. 116(2)(c) amended by No. 22/2012 s. 46.\n\n(c) if possible, assisting the service provider and the person who made the complaint to reach agreement.\n\n(3) Unless section 120 applies, within 14 days after the Disability Services Commissioner decides to conciliate the complaint, the Disability Services Commissioner must—\n\nS. 116(3)(a) amended by No. 22/2012 s. 46.\n\n(a) give written notice of the decision to conciliate the complaint to the service provider and the person who made the complaint; and\n\nS. 116(3)(b) amended by No. 22/2012 s. 46.\n\n(b) include in the notice details of the arrangements made for conciliation discussions between the service provider and the person who made the complaint; and\n\nS. 116(3)(c) amended by No. 22/2012 s. 46.\n\n(c) state in the notice that a service provider may make submissions for the conciliation to the Disability Services Commissioner.\n\nS. 116(4) amended by No. 22/2012 s. 46.\n\n(4) The Disability Services Commissioner may require the person who made the complaint and the service provider to attend a conciliation either personally or by a representative who has authority to settle the matter on their behalf.\n\nS. 116(5) amended by No. 22/2012 s. 46.\n\n(5) If agreement with respect to the subject matter of the complaint is reached following the conciliation, the person who made the complaint or the service provider may within 30 days after agreement is reached request a written record of the conciliation agreement.\n\n(6) If a written record of the conciliation agreement is requested—\n\n(a) the Disability Services Commissioner must prepare the record;\n\nS. 116(6)(b) amended by No. 22/2012 s. 46.\n\n(b) the record must be signed by or on behalf of the person who made the complaint and the service provider;\n\n(c) the Disability Services Commissioner must certify the record signed under paragraph (b);\n\nS. 116(6)(d) amended by No. 22/2012 s. 46.\n\n(d) the Disability Services Commissioner must give a copy of the certified record to the person who made the complaint and the service provider.\n\n(7) Evidence of anything said or admitted during the conciliation process is not admissible in proceedings before a court or tribunal.\n\n","sortOrder":92},{"sectionNumber":"117","sectionType":"section","heading":"Dealing with a complaint","content":"\t117 Dealing with a complaint\n\n(1) The Disability Services Commissioner may stop dealing with a complaint if the Disability Services Commissioner is of the view that—\n\n(a) the complaint cannot be conciliated; or\n\nS. 117(1)(b) amended by No. 22/2012 s. 47(1).\n\n(b) no further action is warranted; or\n\nS. 117(1)(c) inserted by No. 22/2012 s. 47(2).\n\n(c) it is reasonable to stop dealing with the complaint.\n\nS. 117(1A) inserted by No. 22/2012 s. 47(3).\n\n(1A) Within 14 days after the Disability Services Commissioner decides to stop dealing with a complaint, the Disability Services Commissioner must give written notice of the decision to the service provider and the person who made the complaint.\n\nS. 117(1B) inserted by No. 22/2012 s. 47(3).\n\n(1B) The notice must specify the reasons for the decision to stop dealing with the complaint.\n\nS. 117(2) amended by No. 22/2012 s. 47(4).\n\n(2) If a person who made a complaint and the service provider have resolved the matter by agreement and the Disability Services Commissioner becomes aware that the complaint has been resolved, the Disability Services Commissioner must stop dealing with the complaint under this Division unless the Disability Services Commissioner considers that the person making the complaint has been subjected to victimisation, coercion or duress.\n\nS. 117(3) amended by No. 22/2012 s. 47(4).\n\n(3) At any time after the Disability Services Commissioner has received a complaint, the person who made it and the service provider may resolve the matter by agreement, whether through the conciliation process or not.\n\nS. 117(4) amended by No. 22/2012 s. 47(4).\n\n(4) If the person who made a complaint and the service provider resolve the matter by agreement, the person who made the complaint must without delay give notice of the fact to the Disability Services Commissioner.\n\n(5) The Disability Services Commissioner may re‑open any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1) if—\n\n(a) the person who made the complaint has provided new or additional information; and\n\n(b) the Disability Services Commissioner considers that the person who made the complaint is able to show good reason as to why the information was not previously provided.\n\nS. 117(6) inserted by No. 22/2012 s. 47(5).\n\n(6) The Disability Services Commissioner may re‑open any complaint that the Disability Services Commissioner has stopped dealing with under subsection (1)(c) if the Disability Services Commissioner considers it is reasonable to do so.\n\nS. 117(7) inserted by No. 22/2012 s. 47(5).\n\n(7) A complaint is re-opened under subsection (5) or (6) when the Disability Services Commissioner gives written notice of the decision to re‑open the complaint to the service provider and the person who made the complaint.\n\nS. 117(8) inserted by No. 22/2012 s. 47(5).\n\n(8) The notice must specify the reasons for the decision to re‑open the complaint.\n\n","sortOrder":93},{"sectionNumber":"118","sectionType":"section","heading":"Investigation of a complaint","content":"\t118 Investigation of a complaint\n\n(1) The Disability Services Commissioner must—\n\n(a) investigate a complaint which—\n\n(i) the Disability Services Commissioner has decided to accept and the Disability Services Commissioner considers is not suitable for conciliation; or\n\n(ii) the Disability Services Commissioner is of the view that conciliation has failed and further action is required; and\n\n(b) decide whether or not the complaint is justified.\n\nS. 118(2) amended by No. 22/2012 s. 48(1).\n\n(2) Unless section 120 applies, within 14 days after starting to investigate a complaint the Disability Services Commissioner must give written notice of the investigation and details of the complaint to the service provider.\n\nS. 118(3) repealed by No. 33/2017 s. 19.\n\n(4) If—\n\nS. 118(4)(a) amended by No. 22/2012 s. 48(2).\n\n(a) the Disability Services Commissioner considers that the person who made the complaint and the service provider cannot resolve the complaint; and\n\n(b) after investigating the complaint the Disability Services Commissioner determines that the complaint is justified—\n\nthe Disability Services Commissioner must decide what action should be taken to remedy the complaint.\n\n(5) If the Disability Services Commissioner determines that a complaint is justified, the Disability Services Commissioner must give the appropriate notice under section 119.\n\n(6) The Disability Services Commissioner must not determine whether a complaint is justified or what action is to be taken in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice.\n\nS. 118(7) amended by No. 22/2012 s. 48(3).\n\n(7) The Disability Services Commissioner must in determining whether a complaint is justified or what action is to be taken have regard to the impact on the service provider and any other person accessing the services of the service provider who may be affected.\n\n(8) If, in the course of investigating a complaint, the Disability Services Commissioner determines the complaint is suitable for conciliation, the Disability Services Commissioner must make all reasonable endeavours to conciliate the complaint in accordance with section 116.\n\n","sortOrder":94},{"sectionNumber":"119","sectionType":"section","heading":"Notice of decision and procedures","content":"\t119 Notice of decision and procedures\n\n(1) Within 14 days after deciding whether or not a complaint is justified the Disability Services Commissioner must—\n\nS. 119(1)(a) amended by No. 22/2012 s. 49(1).\n\n(a) give written notice of the decision to the person who made the complaint and the service provider; and\n\n(b) include in the written notice the reasons for the decision; and\n\n(c) if the Disability Services Commissioner decides that the complaint is justified, specify in the written notice any action which the Disability Services Commissioner considers ought to be taken to remedy the complaint.\n\nS. 119(2) amended by No. 22/2012 s. 49(2).\n\n(2) A written notice under subsection (1) must also advise the person who made the complaint and the service provider that the Disability Services Commissioner may conduct an inquiry into what action the service provider has taken upon the complaint.\n\nS. 119(3)(4) amended by No. 22/2012 s. 49(2), repealed by No. 33/2017 s. 20.\n\nS. 119(5) amended by No. 22/2012 s. 49(1), repealed by No. 33/2017 s. 20.\n\nS. 119(6)(7) amended by No. 22/2012 s. 49(2), repealed by No. 33/2017 s. 20.\n\nS. 119(8)(9) amended by No. 22/2012 s. 49(1), repealed by No. 33/2017 s. 20.\n\nS. 119(10) repealed by No. 33/2017 s. 20.\n\n","sortOrder":95},{"sectionNumber":"120","sectionType":"section","heading":"Circumstances in which notice is not to be given","content":"\t120 Circumstances in which notice is not to be given\n\nS. 120(1) substituted by No. 22/2012 s. 50(1).\n\n(1) The Disability Services Commissioner need not comply with section 115(2), 116(3) or 118(2) if the Disability Services Commissioner considers that if a notice or document under that section is given to a service provider—\n\n(a) the health, safety or welfare of a person to whom the service provider is providing services may be affected; or\n\n(b) the proper investigation of the complaint would be prejudiced.\n\nS. 120(2) amended by No. 22/2012 s. 50(2).\n\n(2) If subsection (1) applies, the Disability Services Commissioner must give written notice to the service provider without delay after the Disability Services Commissioner is satisfied that—\n\n(b) there is no further likelihood of prejudice to the proper investigation of the complaint—\n\nbut in any case not later than 6 months after the complaint was made or, if the investigation ends before that time, before the end of the investigation.\n\n","sortOrder":96},{"sectionNumber":"121","sectionType":"section","heading":"Duty to stop proceedings","content":"\t121 Duty to stop proceedings\n\n(1) The Disability Services Commissioner must stop dealing with an issue raised in a complaint if—\n\nS. 121(1)(a) amended by No. 22/2012 s. 51(1).\n\n(a) the Disability Services Commissioner becomes aware that the person who made the complaint or the service provider has begun legal proceedings which relate to that issue; or\n\nS. 121(1)(b) amended by Nos 74/2009 s. 10(2), 13/2022 s. 72(2).\n\n(b) the Disability Services Commissioner becomes aware that proceedings relating to that specific issue have been initiated before the Fair Work Commission; or\n\n(c) the Disability Services Commissioner considers that the issue should properly be dealt with by a court or VCAT.\n\nS. 121(2) amended by No. 22/2012 s. 51(1).\n\n(2) Within 14 days after the Disability Services Commissioner stops dealing with a complaint under subsection (1), the Disability Services Commissioner must give written notice that the Disability Services Commissioner has stopped dealing with the complaint to the person who made the complaint and the service provider.\n\n(3) Despite subsection (1)(a), the Disability Services Commissioner may, with the consent of—\n\n(a) the person who made the complaint; and\n\nS. 121(3)(b) amended by No. 22/2012 s. 51(1).\n\n(b) the service provider—\n\ncontinue dealing with the matter, but only by conciliation.\n\nS. 121(4) amended by No. 22/2012 s. 51(2).\n\n(4) If subsection (3) applies, the Disability Services Commissioner must stop dealing with the complaint when the Disability Services Commissioner becomes aware that a court has commenced to hear a proceeding relating to the complaint.\n\n(5) If subsection (1)(a) applies and the Disability Services Commissioner subsequently becomes aware that the legal proceedings relating to the complaint have been withdrawn, the Disability Services Commissioner may on the request of the person who made the complaint re-open proceedings under this Division.\n\nS. 122 amended by Nos 69/2009 s. 97(Sch. Pt 2 item 19), 67/2014 s. 147(Sch. 2 item 14.1), repealed by No. 33/2017 s. 21.\n\nS. 123 amended by No. 69/2009 s. 97(Sch. Pt 1 item 16.1, Pt 2 item 19), substituted by No. 33/2017 s. 22.\n\n","sortOrder":97},{"sectionNumber":"123","sectionType":"section","heading":"Powers not to be exercised during conciliation","content":"\t123 Powers not to be exercised during conciliation\n\nThe Disability Services Commissioner must not exercise a power under Division 8 while a complaint is being conciliated.\n\nS. 124 amended by Nos 69/2009 s. 97(Sch. Pt 1 item 16.2), 22/2012 s. 52, repealed by No. 33/2017 s. 23.\n\nS. 125 repealed by No. 33/2017 s. 24.\n\nS. 126 repealed by No. 33/2017 s. 25.\n\nS. 127 amended by Nos 69/2009 s. 97(Sch. Pt 2 item 19), 67/2014 s. 147(Sch. 2 item 14.2), repealed by No. 33/2017 s. 26.\n\nS. 128 amended by No. 4/2017 s. 15(2), repealed by No. 33/2017 s. 27.[[1]](#endnote-2)\n\nPt 6 Div. 6A (Headings and ss 128A–128G) inserted by No. 33/2017 s. 28.\n\n","sortOrder":98},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Initiated investigations","content":"Division 6A—Initiated investigations\n\nNew s. 127 inserted by No. 19/2019 s. 48.\n\n","sortOrder":99},{"sectionNumber":"127","sectionType":"section","heading":"Application of Division and references","content":"\t127 Application of Division and references\n\n(i) any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before—\n\n(A) in the case of a former disability service provider, the lapse or revocation of its registration; or\n\n(B) in the case of a former regulated service provider, it ceased to be a regulated service provider—\n\nirrespective of whether an investigation has commenced; or\n\n(ii) any initiated investigation not concluded before the relevant event referred to in subparagraph (i).\n\n(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to a systemic initiated investigation across 2 or more service providers unless the systemic initiated investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\nS. 128A inserted by No. 33/2017 s. 28.\n\n","sortOrder":100},{"sectionNumber":"128A","sectionType":"section","heading":"Definition","content":"\t128A Definition\n\n","sortOrder":101},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Commissioner initiated investigations","content":"Subdivision 2—Commissioner initiated investigations\n\nS. 128B inserted by No. 33/2017 s. 28.\n\n","sortOrder":102},{"sectionNumber":"128B","sectionType":"section","heading":"Commissioner initiated investigations","content":"\t128B Commissioner initiated investigations\n\n(1) The Commissioner, on the Commissioner's own initiative, may conduct an investigation into—\n\nS. 128B(1)(a) substituted by No. 19/2019 s. 49(1).\n\n(a) the provision of—\n\n(i) disability services by a disability service provider or former disability service provider; or\n\n(ii) regulated disability services by a regulated service provider or former regulated service provider; or\n\n(b) the provision of—\n\nS. 128B  \n(1)(b)(i) amended by No. 19/2019 s. 49(2).\n\n(i) a disability service by a disability service provider or former disability service provider to a person with a disability; or\n\nS. 128B  \n(1)(b)(ii) amended by No. 19/2019 s. 49(3).\n\n(ii) a regulated disability service by a regulated service provider or former regulated service provider to a person with a disability.\n\n(2) The Commissioner may conduct an investigation under subsection (1)(a) if the Commissioner identifies a persistent or recurring systemic issue about abuse or neglect in the provision of the services.\n\n(3) The Commissioner may conduct an investigation under subsection (1)(b) if the Commissioner receives information that abuse or neglect may have occurred in the provision of the service to the person with the disability.\n\n(4) The Commissioner must not conduct an investigation under this section unless the Commissioner considers that the investigation—\n\n(a) will assist the improvement of the provision of the services; and\n\n(b) can be conducted within the resources of the Commissioner.\n\n(5) The Commissioner must not conduct an investigation under this section about a provision of services by an exempt service provider.\n\nS. 128C inserted by No. 33/2017 s. 28.\n\n","sortOrder":103},{"sectionNumber":"128C","sectionType":"section","heading":"Notice of initiated investigation","content":"\t128C Notice of initiated investigation\n\n(1) If the Commissioner decides to conduct a systemic initiated investigation, the Commissioner—\n\n(a) must give written notice of the investigation, to any service provider whom the Commissioner decides to investigate within 14 days after making the decision to investigate the service provider; and\n\n(b) may give written notice of the investigation, within 14 days after making the decision to conduct the investigation, to any person with a disability who is the subject of the investigation, or, if the person does not have legal capacity, the guardian of the person, or, if none, the next of kin of the person.\n\n(2) Within 14 days after deciding to conduct an individual initiated investigation, the Commissioner must give written notice of the investigation to—\n\n(a) the person with a disability who is the subject of the investigation or, if the person does not have legal capacity, the guardian of the person, or, if none, the next of kin of the person; and\n\n(b) any person who is alleged to have abused or neglected the person with a disability; and\n\n(c) the service provider who provided the service.\n\n(3) If the Commissioner or an authorised officer is exercising a power under Subdivision 3 or 4 of Division 8 and notice under subsection (1) or (2) has not been given to the person in respect of whom the power is being exercised, the notice must be given at the same time as the Commissioner or authorised officer begins to exercise the power.\n\n(4) The Commissioner is not required to comply with subsection (1) or (2) if the Commissioner considers that—\n\n(a) if the notice is given, the health, safety or welfare of a person to whom the service provider being investigated is providing services may be affected; or\n\n(5) If subsection (4) applies, the Commissioner must give written notice to any person specified in subsection (1) or (2) without delay after the Commissioner is satisfied that—\n\nbut in any case not later than 6 months after the investigation is completed or, if the investigation ends before that time, before the end of the investigation.\n\nS. 128D inserted by No. 33/2017 s. 28.\n\n","sortOrder":104},{"sectionNumber":"128D","sectionType":"section","heading":"Decision of Commissioner on initiated investigation","content":"\t128D Decision of Commissioner on initiated investigation\n\n(1) On completing a systemic initiated investigation, the Commissioner must decide whether or not a persistent or recurring systemic issue about abuse or neglect in the provision of the services exists.\n\n(2) On completing an individual initiated investigation, the Commissioner must decide whether or not abuse or neglect has occurred in the provision of the service to the person with a disability.\n\nS. 128E inserted by No. 33/2017 s. 28.\n\n","sortOrder":105},{"sectionNumber":"128E","sectionType":"section","heading":"Decision that action should be taken","content":"\t128E Decision that action should be taken\n\n(1) If the Commissioner makes a relevant decision in a systemic initiated investigation, the Commissioner must decide if any action should be taken by the service provider, who was given notice under section 128C and investigated by the Commissioner, to improve services or prevent neglect or abuse.\n\n(2) If the Commissioner makes a relevant decision in an individual initiated investigation, the Commissioner must decide if any action should be taken by the service provider to improve services or prevent neglect or abuse.\n\n(3) The Commissioner must not make a relevant decision or determine that action should be taken under subsection (1) or (2) in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice.\n\n(4) The Commissioner, in making a relevant decision or in determining that action should be taken under subsection (1) or (2), must have regard to the impact on any service provider who may be affected and any other person accessing the services of that service provider.\n\n***relevant decision*** means a decision of the Commissioner under section 128D that—\n\n(a) a persistent or recurring systemic issue about abuse or neglect in the provision of the services exists; or\n\n(b) abuse or neglect has occurred in the provision of the service to the person with a disability.\n\nS. 128F inserted by No. 33/2017 s. 28.\n\n","sortOrder":106},{"sectionNumber":"128F","sectionType":"section","heading":"Notice of decision of initiated investigation","content":"\t128F Notice of decision of initiated investigation\n\n(1) Within 14 days after making a decision on a systemic initiated investigation the Commissioner—\n\n(a) must give written notice of the decision to any service provider investigated by the investigation; and\n\n(b) may give written notice of the decision to any person with a disability who was the subject of the investigation or, if the person does not have legal capacity, the guardian of the person, or, if none, the next of kin of the person.\n\n(2) At least 14 days before giving a notice under subsection (1)(b), if the notice makes adverse comment on or gives an adverse opinion of an individual or a service provider, the Commissioner must—\n\n(a) give a copy of the relevant part of the notice to the individual or service provider; and\n\n(b) give the individual or service provider a reasonable opportunity to comment on the proposal to give the notice.\n\n(3) Within 14 days after making a decision on an individual initiated investigation the Commissioner must give written notice of the decision to—\n\n(a) any service provider investigated by the investigation; and\n\n(b) the person with a disability who was the subject of the investigation or, if the person does not have legal capacity, the guardian of the person, or, if there is no guardian, the next of kin of the person; and\n\n(c) any person who is alleged to have abused or neglected the person with a disability.\n\n(4) A notice under this section—\n\n(a) must be in writing; and\n\n(b) must set out reasons for the decision.\n\nS. 128G inserted by No. 33/2017 s. 28.\n\n","sortOrder":107},{"sectionNumber":"128G","sectionType":"section","heading":"Notice to take action","content":"\t128G Notice to take action\n\nIf the Commissioner, under section 128E, has determined that a service provider should take action, the notice under section 128F must—\n\n(a) specify the action that the Commissioner has determined the service provider should take; and\n\n(b) include a statement setting out the powers of the Commissioner to conduct an investigation under Division 6C into the action, if any, that the service provider takes.\n\nPt 6 Div. 6B (Headings and ss 128H–128N) inserted by No. 33/2017 s. 28.\n\n","sortOrder":108},{"sectionNumber":"Div 6B","sectionType":"division","heading":"Referral investigations","content":"Division 6B—Referral investigations\n\nS. 128GA inserted by No. 19/2019 s. 50.\n\n\t128GA Application of Division and references\n\n(a) a disability service provider or a regulated service provider; and\n\n(i) any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether a referral investigation has commenced; or\n\n(ii) any referral investigation not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\n(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to a referral investigation regarding systemic matters across 2 or more service providers unless the referral investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\nS. 128H inserted by No. 33/2017 s. 28.\n\n","sortOrder":109},{"sectionNumber":"128H","sectionType":"section","heading":"Definition","content":"\t128H Definition\n\nSubdivision 2—Referral investigations\n\nS. 128I inserted by No. 33/2017 s. 28.\n\n","sortOrder":110},{"sectionNumber":"128I","sectionType":"section","heading":"Referral investigations","content":"\t128I Referral investigations\n\n(1) The Commissioner may conduct an investigation into a matter referred to the Commissioner under subsection (2).\n\nS. 128I(2) substituted by No. 19/2019 s. 51.\n\n(2) The Minister or the Secretary, in writing, may refer to the Commissioner for investigation any matter relating to—\n\n(a) the provision of—\n\n(i) disability services by a disability service provider or former disability service provider; or\n\n(ii) regulated disability services by a regulated service provider or former regulated service provider; or\n\n(b) complaints about—\n\n(i) disability services provided by a disability service provider or former disability service provider; or\n\n(ii) regulated disability services provided by a regulated service provider or former regulated service provider; or\n\n(c) abuse or neglect in the provision of—\n\n(i) disability services provided by a disability service provider or former disability service provider; or\n\n(ii) regulated disability services provided by a regulated service provider or former regulated service provider.\n\n(3) The Minister or Secretary may refer a matter under subsection (2) for the purpose of—\n\n(a) improving the services to be investigated; or\n\n(b) understanding issues in the services being investigated in order to develop improvements in response to those issues.\n\n(4) In a referral of a matter under subsection (2), the Minister or Secretary may ask the Commissioner, when conducting the investigation, to consider any action that the service provider should take to improve the services provided by the service provider.\n\n(5) To avoid doubt, the Minister or Secretary may refer a matter under subsection (2) that relates to—\n\n(a) a provision of services to one person only; or\n\n(b) a provision of services to a person who dies before the referral takes place; or\n\n(c) general issues about the provision of disability services or regulated disability services or about a specific group of persons with a disability.\n\n(6) The Commissioner must not conduct an investigation under subsection (1) into a provision of services by an exempt service provider.\n\nS. 128J inserted by No. 33/2017 s. 28.\n\n","sortOrder":111},{"sectionNumber":"128J","sectionType":"section","heading":"Publication of referral investigations","content":"\t128J Publication of referral investigations\n\n(1) The Commissioner must publish details of any referral investigation on the Internet site of the Commissioner, within 14 days after receiving the referral.\n\n(2) In publishing details under subsection (1), the Minister or Secretary may require the Commissioner not to publish identifying details of any person.\n\nS. 128K inserted by No. 33/2017 s. 28.\n\n","sortOrder":112},{"sectionNumber":"128K","sectionType":"section","heading":"Notice of referral investigation","content":"\t128K Notice of referral investigation\n\n(1) If the Commissioner decides to conduct a referral investigation to which section 128I(4) applies, within 14 days after that decision, the Commissioner must give notice of the investigation to each service provider being investigated.\n\n(2) If the Commissioner decides to conduct a referral investigation in which a power under Subdivision 3 or 4 of Division 8 will be exercised, the Commissioner must give notice of the investigation to each service provider being investigated—\n\n(a) before the exercise of the power or when starting to exercise the power; or\n\n(b) within 14 days after the decision to conduct the investigation, if the power is not exercised before then.\n\n(3) The Commissioner is not required to comply with this section if the Commissioner considers that—\n\n(a) if the notice is given to a service provider, the health, safety or welfare of a person to whom the service provider is providing services may be affected; or\n\n(4) If subsection (3) applies, the Commissioner must give written notice to the service provider without delay after the Commissioner is satisfied that—\n\nbut in any case not later than 6 months after the investigation is completed or, if the investigation ends before that time, before the end of the investigation.\n\nS. 128L inserted by No. 33/2017 s. 28.\n\n","sortOrder":113},{"sectionNumber":"128L","sectionType":"section","heading":"Decision of Commissioner on referral investigation","content":"\t128L Decision of Commissioner on referral investigation\n\nOn completing a referral investigation the Commissioner may make recommendations and give advice to the Minister or the Secretary on the improvements that may be made to the services investigated.\n\nS. 128M inserted by No. 33/2017 s. 28.\n\n","sortOrder":114},{"sectionNumber":"128M","sectionType":"section","heading":"Decision that action should be taken","content":"\t128M Decision that action should be taken\n\n(1) If the Commissioner has conducted a referral investigation to which section 128I(4) applies, the Commissioner may decide that any service provider so investigated should take action to improve the services investigated.\n\n(2) The Commissioner must not make a decision under subsection (1) in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice.\n\n(3) The Commissioner, in making a decision under subsection (1), must have regard to the impact on any service provider who may be affected and any other person accessing the services of that service provider.\n\nS. 128N inserted by No. 33/2017 s. 28.\n\n","sortOrder":115},{"sectionNumber":"128N","sectionType":"section","heading":"Notice to take action","content":"\t128N Notice to take action\n\n(1) Within 14 days after making a decision under section 128M on a referral investigation that a service provider should take action, the Commissioner must give notice of the decision to the service provider.\n\n(2) A notice under this section must be in writing and must—\n\n(a) specify any action that the Commissioner has decided that the service provider should take under section 128M; and\n\n(b) include the reasons for the decision; and\n\n(c) include a statement setting out the powers of the Commissioner to conduct an investigation under Division 6C into the action, if any, that the service provider takes.\n\nPt 6 Div. 6C (Headings and ss 128O–128U) inserted by No. 33/2017 s. 28.\n\n","sortOrder":116},{"sectionNumber":"Div 6C","sectionType":"division","heading":"Following up on investigations","content":"Division 6C—Following up on investigations\n\nS. 128NA inserted by No. 19/2019 s. 52.\n\n\t128NA Application of Division and references\n\n(i) any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether an investigation has commenced; or\n\n(ii) any follow up investigation not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\n(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to a follow up investigation regarding systemic matters across 2 or more service providers unless the follow up investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\nS. 128O inserted by No. 33/2017 s. 28.\n\n","sortOrder":117},{"sectionNumber":"128O","sectionType":"section","heading":"Definition","content":"\t128O Definition\n\nSubdivision 2—Reporting on action taken\n\nS. 128P inserted by No. 33/2017 s. 28.\n\n","sortOrder":118},{"sectionNumber":"128P","sectionType":"section","heading":"Service provider to report on action taken","content":"\t128P Service provider to report on action taken\n\n(1) A service provider, who has been given notice to take action, must report in writing to the Commissioner about the action the service provider has taken to comply with the notice.\n\n(2) A report under subsection (1) must be given within—\n\n(a) 45 days of receiving the notice; or\n\n(b) before the end of any extension of time given under subsection (4).\n\n(3) A service provider may apply to the Commissioner to extend the period of time within which the report must be given.\n\n(4) On application under subsection (3), the Commissioner may extend the period of time within which the report must be given by no more than 15 days, if the application is made before the expiry of the time within which the report must be given.\n\nS. 128Q inserted by No. 33/2017 s. 28.\n\n","sortOrder":119},{"sectionNumber":"128Q","sectionType":"section","heading":"Notice requiring service provider to report","content":"\t128Q Notice requiring service provider to report\n\n(1) Whether or not a service provider reports to the Commissioner as required by section 128P, the Commissioner may give notice in writing to the service provider requiring the service provider to report in writing about any action the service provider has taken to comply with a notice to take action.\n\n(2) A notice under subsection (1)—\n\n(a) may require the service provider to produce any information required by the Commissioner, whether or not in addition to any information already reported to the Commissioner; and\n\n(b) may specify the time within which the information must be given to the Commissioner; and\n\n(c) must not be given unless the time specified in section 128P(2) has expired; and\n\n(d) must include a statement setting out that the Commissioner may conduct an investigation under Subdivision 3 into the action, if any, the service provider has taken.\n\n(3) The Commissioner may continue to give notices under subsection (1) until the Commissioner is satisfied that the notice to take action has been complied with.\n\n(4) A service provider to whom a notice under this section has been given must comply with the notice, within the period specified in the notice.\n\n","sortOrder":120},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Follow up investigations","content":"Subdivision 3—Follow up investigations\n\nS. 128R inserted by No. 33/2017 s. 28.\n\n","sortOrder":121},{"sectionNumber":"128R","sectionType":"section","heading":"Follow up investigations","content":"\t128R Follow up investigations\n\n(1) If the Commissioner has issued a notice under section 128Q and the time specified in the notice under section 128Q(2)(b) has passed, the Commissioner, may conduct an investigation into what action the service provider has taken on a complaint, including action the service provider has taken in response to the notice to take action.\n\n(2) The Commissioner must not conduct an investigation under subsection (1) about a provision of services by an exempt service provider.\n\nS. 128S inserted by No. 33/2017 s. 28.\n\n","sortOrder":122},{"sectionNumber":"128S","sectionType":"section","heading":"Notice of follow up investigation","content":"\t128S Notice of follow up investigation\n\n(1) Within 14 days after deciding to conduct a follow up investigation, the Commissioner must give notice of the investigation to the service provider.\n\n(2) The Commissioner is not required to comply with subsection (1) if the Commissioner considers that—\n\n(a) if the notice is given to the service provider, the health, safety or welfare of a person to whom the service provider is providing services may be affected; or\n\n(3) If subsection (2) applies, the Commissioner must give written notice to the service provider without delay after the Commissioner is satisfied that—\n\nbut in any case not later than 6 months after the investigation is completed or, if the investigation ends before that time, before the end of the investigation.\n\nS. 128T inserted by No. 33/2017 s. 28.\n\n","sortOrder":123},{"sectionNumber":"128T","sectionType":"section","heading":"Decision of Commissioner on follow up investigation","content":"\t128T Decision of Commissioner on follow up investigation\n\n(1) On completing a follow up investigation, the Commissioner must decide whether or not the service provider has taken the action set out in the notice to take action.\n\n(2) The Commissioner must not make a decision under subsection (1) in a way which conflicts with the provisions of any Act or subordinate instrument or any rule of law or practice.\n\n(3) The Commissioner, in making a decision under subsection (1), must have regard to the impact on any service provider who may be affected and any other person accessing the services of that service provider.\n\nS. 128U inserted by No. 33/2017 s. 28.\n\n","sortOrder":124},{"sectionNumber":"128U","sectionType":"section","heading":"Notice of decision on follow up investigation","content":"\t128U Notice of decision on follow up investigation\n\n(1) Within 14 days after making a decision on a follow up investigation the Commissioner must give written notice of the decision to the service provider.\n\n(2) A notice under this section must be in writing and must—\n\n(a) specify whether or not the notice to take action has been complied with; and\n\n(b) specify the reasons for the decision.\n\n","sortOrder":125},{"sectionNumber":"Div 7","sectionType":"division","heading":"Visits by community visitors","content":"Division 7—Visits by community visitors\n\nS. 129AA inserted by No. 9/2023 s. 35.\n\n\t129AA Minister approved premises\n\n(1) The Minister, by notice published in the Government Gazette, may specify a premises of one of the following types to be a Minister approved premises—\n\n(a) a premises where—\n\n(i) a person with a disability resides; and\n\n(ii) that person receives disability services at the premises;\n\n(b) a premises where—\n\n(i) an NDIS participant resides; and\n\n(ii) the NDIS participant receives services under the NDIS at the premises;\n\n(c) a premises where—\n\n(i) a DSOA client resides; and\n\n(ii) the DSOA client receives services from an NDIS provider at the premises.\n\n(2) A type of premises specified in subsection (1)(a), (b) or (c) does not include a premises owned or rented by—\n\n(a) a person with a disability, an NDIS participant or a DSOA client; or\n\n(b) a family member of a person specified in paragraph (a).\n\n***rented***, in relation to a premises, means rented under Part 2, 3, 4 or 4A of the **Residential Tenancies Act 1997**.\n\nS. 129 (Heading) amended by Nos 19/2019 s. 53(1), 9/2023 ss 36(1), 91(1).\n\n","sortOrder":126},{"sectionNumber":"129","sectionType":"section","heading":"Visiting of residential service, SDA dwelling, short-term accommodation dwelling or Minister approved premises","content":"\t129 Visiting of residential service, SDA dwelling, short-term accommodation dwelling or Minister approved premises\n\n(1) A community visitor may visit any premises at which a disability service provider is providing a residential service with or without any previous notice at the times and periods that the community visitor thinks fit.\n\nS. 129(1A) inserted by No. 19/2019 s. 53(2), amended by No. 9/2023 s. 91(2).\n\n(1A) A community visitor may visit any SDA dwelling provided under an SDA residency agreement with or without any previous notice at the times and periods that the community visitor thinks fit.\n\nS. 129(1B) inserted by No. 19/2019 s. 53(2), amended by No. 9/2023 s. 91(3).\n\n(1B) A community visitor may visit any short-term accommodation dwelling with or without any previous notice at the times and periods that the community visitor thinks fit.\n\nS. 129(1C) inserted by No. 9/2023 s. 36(2).\n\n(1C) A community visitor may visit any Minister approved premises with or without any previous notice at the times and periods that the community visitor thinks fit.\n\nS. 129(2) amended by No. 22/2012 s. 53, repealed by No. 19/2019 s. 130.\n\n(3) The Minister may direct a community visitor to visit the premises at which a disability service provider is providing a residential service at the times that the Minister directs.\n\nS. 129(4) inserted by No. 19/2019 s. 53(3), amended by No. 9/2023 s. 91(2).\n\n(4) The Minister may direct a community visitor to visit an SDA dwelling provided under an SDA residency agreement at the times that the Minister directs.\n\nS. 129(5) inserted by No. 19/2019 s. 53(3), amended by No. 9/2023 s. 91(3).\n\n(5) The Minister may direct a community visitor to visit a short-term accommodation dwelling at the times that the Minister directs.\n\nS. 129(5A) inserted by No. 9/2023 s. 36(3).\n\n(5A) The Minister may direct a community visitor to visit a Minister approved premises at the times that the Minister directs.\n\nS. 129(6) inserted by No. 19/2019 s. 53(3), amended by Nos 19/2019 s. 146(4), 9/2023 s. 91(2).\n\n(6) Except in accordance with section 131A, a community visitor must not visit an SDA dwelling provided to an SDA resident under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**).\n\n","sortOrder":127},{"sectionNumber":"130","sectionType":"section","heading":"Powers of inspection","content":"\t130 Powers of inspection\n\n(1) A community visitor is entitled when visiting a disability service provider providing a residential service to—\n\n(a) inspect any part of the premises in which the residential service is being provided;\n\n(b) see any resident;\n\n(c) make enquiries relating to the provision of services to the residents;\n\n(d) inspect any document relating to any resident which is not a medical record and any records required to be kept by or under this Act;\n\n(e) inspect any medical record relating to a resident with the consent of the resident or the resident's guardian.\n\nS. 130(2) substituted by No. 19/2019 s. 54.\n\n(2) A community visitor may perform or exercise the functions and powers specified in subsection (3) when visiting the following dwellings—\n\nS. 130(2)(a) amended by No. 9/2023 s. 92(1).\n\n(a) an SDA dwelling provided under an SDA residency agreement;\n\nS. 130(2)(b) amended by No. 9/2023 s. 92(2).\n\n(b) a short-term accommodation dwelling.\n\nS. 130(3) substituted by No. 19/2019 s. 54.\n\n(3) For the purposes of subsection (2), the following functions and powers are specified—\n\nS. 130(3)(a) amended by No. 9/2023 s. 37(1)(a).\n\n(a) inspect any part of the dwelling in which the NDIS participant, DSOA client or SDA resident is living;\n\nS. 130(3)(b) amended by No. 9/2023 s. 37(1)(a).\n\n(b) see any NDIS participant, DSOA client or SDA resident who is living in the dwelling;\n\nS. 130(3)(c) amended by No. 9/2023 s. 37(1)(a).\n\n(c) make enquiries relating to the provision of services to any NDIS participant, DSOA client or SDA resident who is living in the dwelling;\n\nS. 130(3)(d) amended by No. 9/2023 ss 37(1)(a), 92(3).\n\n(d) inspect any document relating to any NDIS participant, DSOA client or SDA resident who is living in the dwelling, other than the medical records of the person, including documents required to be kept by a registered NDIS provider or a disability service provider that is providing services at the SDA dwelling or short-term accommodation dwelling under this Act, the **Residential Tenancies Act 1997**, the NDIS Act or any regulations, rules or instruments made under the NDIS Act;\n\nS. 130(3)(e) amended by No. 9/2023 s. 37(1)(b).\n\n(e) inspect any medical record of an NDIS participant, a DSOA client or an SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian, the DSOA client, the DSOA client's guardian, the SDA resident or the SDA resident's guardian (as appropriate).\n\nS. 130(4) inserted by No. 9/2023 s. 37(2).\n\n(4) A community visitor is entitled when visiting a Minister approved premises to do one or more of the following—\n\n(a) inspect any part of the premises in which a person with a disability, an NDIS participant or a DSOA client is living;\n\n(b) see any person with a disability, NDIS participant or DSOA client who is living in the premises;\n\n(c) make enquiries relating to the provision of services to persons with a disability, NDIS participants or DSOA clients who are living in the premises;\n\n(d) inspect any document relating to any person with a disability, NDIS participant or DSOA client that is not a medical record and any records required to be kept by or under this Act, the **Residential Tenancies Act 1997**, the NDIS Act or any regulations, rules or instruments made under those Acts;\n\n(e) inspect any medical record relating to persons with a disability, NDIS participants or DSOA clients living in the premises with the consent of the person with a disability, the person with a disability's guardian, the NDIS participant, the NDIS participant's guardian, the DSOA client or the DSOA client's guardian (as appropriate).\n\nS. 130A inserted by No. 19/2019 s. 55.\n\n","sortOrder":128},{"sectionNumber":"130A","sectionType":"section","heading":"Obligations of service provider and staff","content":"\t130A Obligations of service provider and staff\n\n(1) If a community visitor wishes to perform or exercise, or is performing or exercising, any power, duty or function under this Act, the disability service provider or the registered NDIS provider and any member of the staff or management of the disability service provider or the registered NDIS provider must provide the community visitor with such reasonable assistance as the community visitor requires to perform or exercise that power, duty or function effectively.\n\n(2) A disability service provider or member of the staff or management of a disability service provider or a registered NDIS provider or member of the staff or management of a registered NDIS provider must—\n\n(a) reasonably render assistance when required to do so under subsection (1); and\n\n(b) give full and true answers to the best of that person's knowledge to any questions asked by a community visitor in the performance or exercise of any power, duty or function under this Act.\n\nS. 131 (Heading) amended by No. 19/2019 s. 56.\n\n","sortOrder":129},{"sectionNumber":"131","sectionType":"section","heading":"Request to see a community visitor—resident in residential service","content":"\t131 Request to see a community visitor—resident in residential service\n\n(1) Any resident in a residential service or any person on behalf of the resident may request the disability service provider to arrange for the resident to be seen by a community visitor.\n\n(2) The disability service provider must within 72 hours of receiving a request under subsection (1) advise the Community Visitors Board that a request has been made.\n\n1. 5 penalty units.\n\n(3) Unless subsection (4) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (2).\n\n(4) For the purposes of subsection (3), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.\n\n(5) The Community Visitors Board may refuse a request under subsection (2) if the Community Visitors Board considers that the request is—\n\nS. 131A (Heading) amended by No. 9/2023 s. 93(1).\n\nS. 131A inserted by No. 19/2019 s. 57.\n\n\t131A Request to see a community visitor—NDIS participants, DSOA clients or SDA residents in SDA dwelling or short-term accommodation dwelling\n\nS. 131A(1) amended by No. 9/2023 s. 93(2).\n\n(1) Subject to subsection (2), any NDIS participant, DSOA client or SDA resident or any person on behalf of the NDIS participant, DSOA client or SDA resident may request the dwelling or support provider to arrange for the NDIS participant, DSOA client or SDA resident to be seen by a community visitor.\n\nS. 131A(2) amended by Nos 19/2019 s. 146(5), 9/2023 s. 93(3).\n\n(2) A person must not make a request under subsection (1) on behalf of an NDIS participant, DSOA client or SDA resident living in an SDA dwelling under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**) unless the NDIS participant, DSOA client or SDA resident has consented to the person making the request on behalf of the NDIS participant, DSOA client or SDA resident.\n\n(3) The dwelling or support provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request.\n\n(4) Unless subsection (5) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (3).\n\n(5) For the purposes of subsection (4), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.\n\n(6) The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is—\n\n(7) In this section—\n\nS. 131A(7) def. of *dwelling or support provider* amended by No. 9/2023 s. 93(4)(a)−(c).\n\n***dwelling or support provider*** means in respect of an NDIS participant, DSOA client or SDA resident living—\n\n(a) in an SDA dwelling—\n\n(i) an SDA provider; or\n\n(ii) the provider who provides daily independent living supports at the SDA dwelling; or\n\n(iii) a disability service provider; and\n\n(b) in a short‑term accommodation dwelling, the relevant registered NDIS provider.\n\nS. 131A(7) def. of *NDIS resident* repealed by No. 9/2023 s. 93(4)(d).\n\nS. 131B inserted by No. 9/2023 s. 38.\n\n","sortOrder":130},{"sectionNumber":"131B","sectionType":"section","heading":"Request to see a community visitor—residents of Minister approved premises","content":"\t131B Request to see a community visitor—residents of Minister approved premises\n\n(1) Any Minister approved premises resident or any person on behalf of the Minister approved premises resident may request the disability service provider or registered NDIS provider (as appropriate) to arrange for the Minister approved premises resident to be seen by a community visitor.\n\n(2) The disability service provider or registered NDIS provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request.\n\n(3) Unless subsection (4) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (2).\n\n(4) For the purposes of subsection (3), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.\n\n(5) The Community Visitors Board may refuse a request under subsection (2) if the Community Visitors Board considers that the request is—\n\nS. 132 amended by No. 19/2019 s. 58(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":131},{"sectionNumber":"132","sectionType":"section","heading":"Record of visits","content":"\t132 Record of visits\n\n(1) A disability service provider providing a residential service must keep a record of visits by community visitors to the residential service.\n\n1. 5 penalty units.\n\nS. 132(2) inserted by No. 19/2019 s. 58(2), amended by No. 9/2023 s. 94(1).\n\n(2) If a dwelling or support provider is present when a community visitor visits an SDA dwelling or a short-term accommodation dwelling, the dwelling or support provider must keep a record of the visit.\n\nS. 132(2A) inserted by No. 9/2023 s. 39.\n\n(2A) If a disability service provider or registered NDIS provider is present when a community visitor visits a Minister approved premises, the disability service provider or registered NDIS provider must keep a record of the visit.\n\nS. 132(3) inserted by No. 19/2019 s. 58(2).\n\nS. 132(3) def. of *dwelling or support provider* amended by No. 9/2023 s. 94(2)(a)−(c).\n\n***dwelling or support provider*** means in respect of an NDIS participant, DSOA client or SDA resident living—\n\n(a) in an SDA dwelling—\n\n(i) an SDA provider; or\n\n(ii) the provider who provides daily independent living supports at the SDA dwelling; or\n\n(iii) a disability service provider; and\n\n(b) in a short‑term accommodation dwelling, the relevant registered NDIS provider.\n\nS. 132(3) def. of *NDIS resident* repealed by No. 9/2023 s. 94(2)(d).\n\nPt 6 Div. 8 (Headings and ss 132A–132ZC) inserted by No. 33/2017 s. 29.\n\n","sortOrder":132},{"sectionNumber":"Div 8","sectionType":"division","heading":"Conduct of investigations, investigatory powers and related matters","content":"Division 8—Conduct of investigations, investigatory powers and related matters\n\nS. 132AA inserted by No. 19/2019 s. 59.\n\n132AA Application of Division and references\n\n(i) an accountability investigation into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or\n\n(ii) an accountability investigation that is not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\n(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to an accountability investigation regarding systemic matters across 2 or more service providers unless the accountability investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\nS. 132A inserted by No. 33/2017 s. 29.\n\n","sortOrder":133},{"sectionNumber":"132A","sectionType":"section","heading":"Definitions","content":"\t132A Definitions\n\n***Commissioner*** means the Disability Services Commissioner;\n\n***investigation hearing notice*** means a notice served under section 132P, including a notice varied under section 132R.\n\nSubdivision 2—Authorised officers\n\nS. 132B inserted by No. 33/2017 s. 29.\n\n","sortOrder":134},{"sectionNumber":"132B","sectionType":"section","heading":"Appointment of authorised officers","content":"\t132B Appointment of authorised officers\n\n(1) The Commissioner, by instrument, may appoint any person who is employed under Part 3 of the **Public Administration Act 2004**, in the administration of this Act,  to be an authorised officer.\n\n(2) Before appointing a person under subsection (1), the Commissioner must be satisfied that the person is—\n\n(a) appropriately qualified; and\n\n(b) has successfully completed appropriate training.\n\nS. 132C inserted by No. 33/2017 s. 29.\n\n","sortOrder":135},{"sectionNumber":"132C","sectionType":"section","heading":"Identification of authorised officers","content":"\t132C Identification of authorised officers\n\n(1) The Commissioner must issue an identification document to each authorised officer.\n\n(2) The identification document must contain—\n\n(a) a photograph of the authorised officer; and\n\n(b) the signature of the authorised officer and the Commissioner; and\n\n(c) any other information the Commissioner considers necessary.\n\nSubdivision 3—Inspection and search powers\n\nS. 132D inserted by No. 33/2017 s. 29.\n\n","sortOrder":136},{"sectionNumber":"132D","sectionType":"section","heading":"Production of identification","content":"\t132D Production of identification\n\n(1) An authorised officer must produce the authorised officer's identification document for inspection—\n\n(a) before exercising a power under this Division; and\n\n(b) at any time during the exercise of a power under this Division, if asked to do so.\n\nPenalty: 10 penalty units.\n\n(2) Subsection (1) does not apply to a requirement made by post.\n\nS. 132E inserted by No. 33/2017 s. 29.\n\n","sortOrder":137},{"sectionNumber":"132E","sectionType":"section","heading":"Visit and inspection of premises","content":"\t132E Visit and inspection of premises\n\nS. 132E(1) amended by No. 19/2019 s. 60.\n\n(1) For the purpose of the conduct of an accountability investigation, an authorised officer may visit and inspect any part of any premises on which a service provider who is being investigated provides, or provided, a service that is being investigated.\n\n(2) An authorised officer may visit and inspect premises under subsection (1) with any assistance the authorised officer reasonably requires.\n\n(3) Before exercising a power under this section, the authorised officer must—\n\n(a) produce the authorised officer's identification document for inspection by the person apparently in charge of the premises; and\n\n(b) explain the purpose of the inspection to the person apparently in charge of the premises.\n\n(4) A power under subsection (1) must not be exercised—\n\n(a) for a premises that is not a residential service, on the premises or any part of premises that is used for residential purposes; or\n\n(b) for a premises that is a residential service, on any part of the premises that is solely occupied by a resident unless the resident consents, or, if the resident is unable to consent the guardian of the resident or, if none, the next of kin of the resident, consents.\n\n(5) For the purposes of subsection (4)(b), if a room is occupied by more than one person, consent must be obtained for all occupants.\n\nS. 132F inserted by No. 33/2017 s. 29.\n\n","sortOrder":138},{"sectionNumber":"132F","sectionType":"section","heading":"Powers during visit and inspection","content":"\t132F Powers during visit and inspection\n\n(1) An authorised officer who visits and inspects a premises under section 132E may—\n\nS. 132F(1)(a) amended by No. 19/2019 s. 61.\n\n(a) make any enquiries in relation to a person with a disability who is receiving, or has received, services on the premises from the service provider; and\n\n(b) require any thing on the premises to be produced for inspection and inspect that thing or any other thing on the premises to determine if the thing is relevant to the investigation; and\n\n(c) in the case of any document, or document of a particular kind, relevant to the investigation—\n\n(i) require the document to be produced for inspection; and\n\n(ii) examine, make copies of or take extracts from the document; and\n\n(iii) remove the document for so long as is necessary for the making of copies or the taking of extracts; and\n\n(d) make any still or moving image, audio recording or audio-visual recording relevant to the investigation; and\n\n(e) bring any equipment onto the premises that the authorised officer believes on reasonable grounds is necessary for the examination or processing of any documents found at the premises to determine if they are relevant to the investigation; and\n\n(f) if it is relevant to the investigation, see and interview—\n\n(i) any person with a disability who is on the premises; and\n\n(ii) any relative of the person with a disability who is on the premises; and\n\n(iii) any other person of significance to the person with a disability who is on the premises; and\n\n(g) if it is relevant to the investigation, require any of the following persons to answer any question—\n\n(i) the service provider;\n\n(ii) any person on the premises who is employed or engaged in providing the service;\n\n(iii) any person on the premises who is a volunteer involved in providing the service.\n\n(2) An authorised officer must not exercise a power under subsection (1)(c) in relation to the medical records of a person with a disability unless the authorised officer has first obtained the consent of the person with the disability, or, if the person is unable to consent, the consent of the guardian or, if none, the next of kin of the person.\n\nS. 132G inserted by No. 33/2017 s. 29.\n\n","sortOrder":139},{"sectionNumber":"132G","sectionType":"section","heading":"Provisions relating to interviews","content":"\t132G Provisions relating to interviews\n\n(1) An authorised officer must not—\n\n(a) exercise a power to interview a person with a disability under section 132F(1)(f)(i) unless the authorised officer has first obtained the consent of the person with a disability, or, if the person is unable to consent, the consent of the guardian, or, if none, the next of kin of the person; or\n\n(b) exercise a power to interview a person under section 132F(1)(f)(ii) or (iii), unless the authorised officer has first obtained the consent of that person.\n\n(2) If an authorised officer interviews a person with a disability under section 132F(1)(f)(i), the authorised officer must—\n\n(a) take all reasonable steps to mitigate any negative effect of the interview on the person; and\n\n(b) allow the person's guardian or next of kin to be present.\n\n(3) Before interviewing a person under section 132F(1)(f) or (g) the authorised officer must inform the person of the effect of sections 132X and 132Y.\n\nS. 132H inserted by No. 33/2017 s. 29.\n\n","sortOrder":140},{"sectionNumber":"132H","sectionType":"section","heading":"Search warrants","content":"\t132H Search warrants\n\n(1) The Commissioner may apply to a magistrate for the issue of a search warrant for particular premises, if the Commissioner believes on reasonable grounds that there is on the premises evidence that is relevant to an accountability investigation.\n\n(2) If the magistrate is satisfied, by evidence on oath or affirmation or by affidavit, that there are reasonable grounds to believe that there is evidence relevant to an accountability investigation on the premises, the magistrate may issue a search warrant in accordance with the **Magistrates' Court Act 1989** authorising the Commissioner or an authorised officer to enter the premises and search for the evidence named or described in the warrant.\n\n(3) In addition to anything the person executing the warrant may do under section 78 of the **Magistrates' Court Act 1989**, under the warrant the magistrate may authorise the person to do any of the following—\n\n(a) require a document named or described in the warrant to be produced for inspection;\n\n(b) examine, make copies of or take extracts from a document named or described in the warrant;\n\n(c) remove a document named or described in the warrant for so long as is necessary to make copies of or take extracts from the document;\n\n(d) bring any equipment onto the premises that the person executing the warrant believes on reasonable grounds is necessary for the examination or processing of any document found at the premises to determine if it is named or described in the warrant.\n\n(4) A warrant issued under this section must state—\n\n(a) the purpose for which the search is required and the nature of the accountability investigation; and\n\n(b) any conditions to which the warrant is subject; and\n\n(c) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n\n(d) a day, not later than 20 business days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(5) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** apply to warrants issued under this section.\n\n(6) Despite subsection (5) and section 78(1)(b)(iii) of the **Magistrates' Court Act 1989**, a warrant issued under this section must not authorise the person executing the warrant to arrest a person.\n\nS. 132I inserted by No. 33/2017 s. 29.\n\n","sortOrder":141},{"sectionNumber":"132I","sectionType":"section","heading":"Obligations of person executing a warrant on entry","content":"\t132I Obligations of person executing a warrant on entry\n\n(1) A person who executes a warrant issued under section 132H—\n\n(a) must announce that the person is authorised by the warrant to enter the premises; and\n\n(b) if the person has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.\n\n(2) If the occupier is present at the premises where a warrant issued under section 132H is being executed, the person executing the warrant must—\n\n(a) identify themself to the occupier; and\n\n(b) give the occupier a copy of the warrant.\n\n(3) If the occupier is not present at the premises where a warrant issued under section 132H is being executed, the person executing the warrant must—\n\n(a) identify themself to the person apparently in charge of the premises; and\n\n(b) give the person a copy of the warrant.\n\nS. 132J inserted by No. 33/2017 s. 29.\n\n","sortOrder":142},{"sectionNumber":"132J","sectionType":"section","heading":"Offence to hinder or obstruct person exercising a power under this Subdivision","content":"\t132J Offence to hinder or obstruct person exercising a power under this Subdivision\n\nA person must not, without reasonable excuse, hinder or obstruct a person who is exercising a power under this Subdivision or under a warrant issued under this Subdivision.\n\nPenalty: In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\nS. 132K inserted by No. 33/2017 s. 29.\n\n","sortOrder":143},{"sectionNumber":"132K","sectionType":"section","heading":"Requirement to give assistance","content":"\t132K Requirement to give assistance\n\nIf it is reasonably necessary for the purposes of an accountability investigation, an authorised officer, exercising a power to visit a premises under this Subdivision or to enter a premises under a warrant under section 132H, who produces the authorised officer's identification document for inspection by the occupier of the premises or the person apparently in charge of the premises may require that person to give reasonable assistance to the authorised officer.\n\n","sortOrder":144},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Conduct of investigations","content":"Subdivision 4—Conduct of investigations\n\nS. 132L inserted by No. 33/2017 s. 29.\n\n","sortOrder":145},{"sectionNumber":"132L","sectionType":"section","heading":"Principles applying to all investigations","content":"\t132L Principles applying to all investigations\n\n(1) In an accountability investigation, the Commissioner may carry out any inquiries into the subject matter of the investigation that the Commissioner believes are necessary.\n\n(2) In an accountability investigation—\n\n(a) the procedure is at the discretion of the Commissioner; and\n\n(b) the Commissioner must act with as much expedition and with as little formality as the requirements of this Act and the proper investigation of the matter allow; and\n\n(c) the Commissioner is not bound by the rules of evidence; and\n\n(d) the Commissioner is bound by the rules of natural justice; and\n\n(e) before making a decision affecting a person, the Commissioner must give the person an opportunity to make submissions to the Commissioner about the decision.\n\nS. 132M inserted by No. 33/2017 s. 29, amended by No. 19/2019 s. 62.\n\n","sortOrder":146},{"sectionNumber":"132M","sectionType":"section","heading":"Assistance to be provided","content":"\t132M Assistance to be provided\n\nA person who is providing, or did provide, services that are the subject of an accountability investigation must ensure that the Commissioner or an authorised officer is provided with any assistance in connection with the investigation that the Commissioner or the authorised officer reasonably requires.\n\nS. 132N inserted by No. 33/2017 s. 29.\n\n","sortOrder":147},{"sectionNumber":"132N","sectionType":"section","heading":"Requirements if there is no hearing","content":"\t132N Requirements if there is no hearing\n\nIn an accountability investigation if the Commissioner decides not to conduct a hearing, for the purpose of the investigation, the Commissioner—\n\n(a) may take oral or written submissions; and\n\n(b) may send for persons, documents or other things; and\n\n(c) must keep a record of all submissions given before the Commissioner and decisions made by the Commissioner.\n\nS. 132O inserted by No. 33/2017 s. 29.\n\n","sortOrder":148},{"sectionNumber":"132O","sectionType":"section","heading":"Requirements if there is a hearing","content":"\t132O Requirements if there is a hearing\n\n(1) If the Commissioner decides to conduct a hearing in an accountability investigation into a complaint, the Commissioner must give written notice of the hearing to the parties to the complaint.\n\n(2) If the Commissioner decides to conduct a hearing in an accountability investigation (other than for a complaint), the Commissioner—\n\n(a) must give written notice of the hearing to the service provider being investigated; and\n\n(b) if the investigation is to consider allegations of abuse or neglect of a person with a disability, may give written notice of the hearing to the person alleged to have been abused or neglected; and\n\n(c) if the investigation is to consider allegations against any person, must give written notice of the hearing to the person about whom the allegation has been made.\n\n(3) A notice under subsection (1) or (2) must—\n\n(a) be given at least 10 business days before the date on which the hearing is to commence; and\n\n(b) specify the date on which the hearing is to commence; and\n\n(c) specify the place at which the hearing is to be held.\n\nS. 132P inserted by No. 33/2017 s. 29.\n\n","sortOrder":149},{"sectionNumber":"132P","sectionType":"section","heading":"Investigation hearing notice","content":"\t132P Investigation hearing notice\n\n(1) For the purpose of a hearing in an accountability investigation, the Commissioner may serve written notice on a person requiring the person—\n\n(a) to produce a specified document or thing to the Commissioner before a specified time and in a specified manner; or\n\n(b) to attend the hearing at a specified time and place to produce any specified document or thing; or\n\n(c) to attend the hearing at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) to attend the investigation at a specified time and place, and from then on from day to day until excused, to give evidence and to produce any specified document or thing.\n\n(2) On application under subsection (3), if a person with a disability is unable to attend the hearing, because of the person's disability, health or other personal circumstances, the Commissioner may agree that the person may give evidence—\n\n(a) by video link; or\n\n(b) by attending at another place agreed on by the Commissioner and the person.\n\n(3) A person with a disability on whom a notice to attend a hearing has been served under subsection (1) may apply to the Commissioner for an agreement under subsection (2).\n\n(4) The Commissioner must—\n\n(a) take all reasonable steps to mitigate any negative effect that the giving of evidence might have on a person with a disability; and\n\n(b) allow the person's guardian or next of kin to be present when the person with a disability gives evidence.\n\n(5) An investigation hearing notice—\n\n(a) must be in the prescribed form (if any); and\n\n(b) must contain the following information—\n\n(i) a statement that failure to comply with the notice without reasonable excuse is an offence, and stating the maximum penalty for that offence;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) any other prescribed information.\n\nS. 132Q inserted by No. 33/2017 s. 29.\n\n","sortOrder":150},{"sectionNumber":"132Q","sectionType":"section","heading":"Offence to fail to comply with investigation hearing notice","content":"\t132Q Offence to fail to comply with investigation hearing notice\n\n(1) A person who is served with an investigation hearing notice must not, without reasonable excuse, refuse or fail to comply with the notice.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both;\n\nIn the case of a body corporate, 600 penalty units.\n\n(2) For the purpose of subsection (1), it is a reasonable excuse if the person is acting under an agreement under section 132P(2).\n\nS. 132R inserted by No. 33/2017 s. 29.\n\n","sortOrder":151},{"sectionNumber":"132R","sectionType":"section","heading":"Variation or revocation of investigation hearing notice","content":"\t132R Variation or revocation of investigation hearing notice\n\n(1) A person on whom an investigation hearing notice is served may make a claim at the accountability investigation hearing—\n\n(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or\n\n(b) that a document or thing specified in the notice is not relevant to the subject matter of the investigation hearing.\n\n(2) If the Commissioner is satisfied that the person's claim is made out, the Commissioner, by further written notice served on the person, may vary or revoke the investigation hearing notice.\n\n(3) The Commissioner, by further written notice served on a person, may, at any time on the Commissioner's own initiative, vary or revoke an investigation hearing notice served on the person.\n\nS. 132S inserted by No. 33/2017 s. 29.\n\n","sortOrder":152},{"sectionNumber":"132S","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"\t132S Power to take evidence on oath or affirmation\n\n(1) In an accountability investigation hearing the Commissioner may require a person attending the hearing, whether under an investigation hearing notice or otherwise, to give evidence or answer questions on oath or affirmation.\n\n(2) The Commissioner, or a member of the staff of the Commissioner who is authorised to do so, may administer an oath or affirmation to a person for the purpose of subsection (1).\n\nS. 132T inserted by No. 33/2017 s. 29.\n\n","sortOrder":153},{"sectionNumber":"132T","sectionType":"section","heading":"Powers in relation to documents and things","content":"\t132T Powers in relation to documents and things\n\n(1) The Commissioner may—\n\n(a) inspect any document or thing produced at an accountability investigation hearing; and\n\n(b) retain the document or thing for so long as is reasonably necessary for the purposes of the investigation hearing to which the document or thing is relevant; and\n\n(c) copy any document or thing produced to the investigation hearing that is relevant to the subject matter of the hearing.\n\n(2) If the retention of a document or thing under subsection (1) ceases to be reasonably necessary for the purposes of the accountability investigation hearing, the Commissioner, at the request of any person who appears to be entitled to the document or thing, must cause the document or thing to be delivered to the person.\n\n","sortOrder":154},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Offences, protections and other matters relating to investigations","content":"Subdivision 5—Offences, protections and other matters relating to investigations\n\nS. 132U inserted by No. 33/2017 s. 29.\n\n","sortOrder":155},{"sectionNumber":"132U","sectionType":"section","heading":"Compellability of Commissioner or member of staff","content":"\t132U Compellability of Commissioner or member of staff\n\nA person who is or was the Commissioner or a member of the staff of the Commissioner is not compellable to give evidence in a court in relation to an accountability investigation unless the court gives leave.\n\nS. 132V inserted by No. 33/2017 s. 29.\n\n","sortOrder":156},{"sectionNumber":"132V","sectionType":"section","heading":"Protection of participants in investigations","content":"\t132V Protection of participants in investigations\n\nA person who gives information or evidence or produces a document or thing to an accountability investigation has the same protection and immunity as a witness in a proceeding in the Supreme Court.\n\nS. 132W inserted by No. 33/2017 s. 29.\n\n","sortOrder":157},{"sectionNumber":"132W","sectionType":"section","heading":"Disclosures made in good faith","content":"\t132W Disclosures made in good faith\n\nA disclosure of information made to the Commissioner under or for the purposes of this Part in good faith—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person who made the disclosure; and\n\n(b) does not make the person who made the disclosure subject to any liability in respect of the disclosure.\n\nS. 132X inserted by No. 33/2017 s. 29.\n\n","sortOrder":158},{"sectionNumber":"132X","sectionType":"section","heading":"Protection against self-incrimination","content":"\t132X Protection against self-incrimination\n\nIt is a reasonable excuse for a person to refuse or fail to answer questions or do any other thing that the person is required to do by or under this Division, or by or under a search warrant issued under this Division if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\nS. 132Y inserted by No. 33/2017 s. 29.\n\n","sortOrder":159},{"sectionNumber":"132Y","sectionType":"section","heading":"Legal professional privilege and client legal privilege","content":"\t132Y Legal professional privilege and client legal privilege\n\nIt is a reasonable excuse for a person to refuse or fail to answer questions or do any other thing that the person is required to do by or under this Division, or by or under a search warrant issued under this Division if the giving of the information or the doing of that other thing would be a breach of legal professional privilege or client legal privilege.\n\nS. 132Z inserted by No. 33/2017 s. 29.\n\n","sortOrder":160},{"sectionNumber":"132Z","sectionType":"section","heading":"False statements","content":"\t132Z False statements\n\nA person who makes an oral or written statement in an accountability investigation or to the Commissioner under or for the purposes of this Part which the person knows to be false or misleading in a material respect is guilty of an offence and liable to a penalty not exceeding 60 penalty units.\n\nS. 132ZA inserted by No. 33/2017 s. 29.\n\n\t132ZA Person not to be penalised for making a complaint, providing information\n\n(1) A person must not, by threat or intimidation, persuade or attempt to persuade another person—\n\n(a) not to make a complaint to the Commissioner or not to continue discussion with or any proceeding before the Commissioner; or\n\n(b) not to provide information about allegations of abuse or neglect to the Commissioner; or\n\n(c) not to provide any other information to the Commissioner for the purposes of this Part.\n\nPenalty: 120 penalty units, in the case of a natural person;\n\n600 penalty units, in the case of a body corporate.\n\n(2) A person must not dismiss or refuse to employ another person or subject another person to any detriment, because the other person—\n\n(a) intends to make a complaint, or has made a complaint, to the Commissioner; or\n\n(b) intends to take part in, is taking part in, or has taken part in, discussions with or proceedings before the Commissioner; or\n\n(c) intends to or provides information about allegations of abuse or neglect to the Commissioner; or\n\n(d) intends to or provides any other information to the Commissioner for the purposes of this Part.\n\nPenalty: 120 penalty units, in the case of a natural person;\n\n600 penalty units, in the case of a body corporate.\n\nSubdivision 6—Disclosure of information\n\nS. 132ZB inserted by No. 33/2017 s. 29.\n\n\t132ZB Commissioner may give information to other persons or bodies\n\nThe Commissioner may give information acquired in the course of administering Divisions 6, 6A, 6B, 6C or this Division, or conducting an inquiry under section 16(c), to any of the following persons if the information is relevant to the performance of a function by the Commissioner or that person—\n\n(a) the Minister;\n\n(b) the Secretary;\n\n(c) the Ombudsman;\n\n(d) IBAC;\n\n(e) the Commissioner for Privacy and Data Protection;\n\nS. 132ZB(f) amended by No. 39/2022 s. 821(2) (as amended by No. 20/2023 s. 49(8)).\n\n(f) the Mental Health and Wellbeing Commission;\n\n(g) the Health Complaints Commissioner;\n\n(h) the Public Advocate;\n\n(i) a community visitor;\n\n(j) the Commission for Children and Young People;\n\n(k) Victoria Police;\n\n(l) the State Coroner;\n\n(m) any person prescribed by the regulations.\n\nS. 132ZC inserted by No. 33/2017 s. 29.\n\n\t132ZC Offence to disclose or make a record of information\n\n(1) A prescribed person must not disclose or make a record of any information gained by that person in the performance of functions or duties or the exercise of powers under this Act, except as authorised under subsection (2).\n\n(2) For the purposes of subsection (1), a prescribed person is authorised to disclose or make a record of the information—\n\n(a) if it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or\n\n(b) if the person or body to whom the information relates gives written consent to the disclosure or the making of the record; or\n\n(c) if the information or record is disclosed to a court or tribunal in the course of criminal proceedings or on the order of the court or tribunal; or\n\n(d) if the disclosure or the making of the record is for the purposes of obtaining legal advice; or\n\n(e) if the disclosure or the making of the record is otherwise authorised by this Act.\n\n(3) Without limiting subsection (1), a prescribed person must not disclose any information given to the prescribed person under a requirement under this Part (including information contained in a document required to be produced to the prescribed person) except as authorised under subsection (4).\n\n(4) For the purposes of subsection (3), the prescribed person is authorised to disclose the information—\n\n(a) if—\n\n(i) the prescribed person has advised the person from whom the information was obtained of the proposal to disclose the information; and\n\n(ii) the prescribed person has given that person a reasonable opportunity to consent to the disclosure; and\n\n(iii) the person from whom the information was obtained has consented to the proposal to disclose that information; or\n\n(b) if the information is disclosed to another prescribed person for the purpose of that person or the Commissioner exercising powers or performing functions under this or any other Act.\n\n***prescribed person*** means a person who is, or has been—\n\n(a) the Commissioner; or\n\n(b) a delegate of the Commissioner; or\n\n(c) an employee in the office of the Commissioner; or\n\n(d) a consultant engaged by the Commissioner.\n\nPt 6 Div. 9 (Heading and ss 132ZD–132ZH) inserted by No. 33/2017 s. 29.\n\nDivision 9—General issues applying to investigations\n\nS. 132ZCA inserted by No. 19/2019 s. 63.\n\n\t132ZCA Application of Division and references\n\n(i) an investigation under Division 6, 6A, 6B, 6C or 8 into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or\n\n(ii) any investigation under Division 6, 6A, 6B, 6C or 8 that is not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\n(2) This Division does not apply to a former disability service provider or a former regulated service provider in relation to an investigation regarding systemic matters across 2 or more service providers unless the investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.\n\nS. 132ZD inserted by No. 33/2017 s. 29.\n\n\t132ZD Definition\n\nS. 132ZE inserted by No. 33/2017 s. 29.\n\n\t132ZE Reporting on investigations\n\n(1) As soon as possible after completing a systemic initiated investigation, the Commissioner must give the Minister and the Secretary a report of the investigation.\n\n(2) After completing an individual initiated investigation, the Commissioner may give the Minister or the Secretary a report of the investigation.\n\n(3) After completing a referral investigation, the Commissioner must give the Minister and the Secretary a report in writing of the investigation.\n\nS. 132ZF inserted by No. 33/2017 s. 29.\n\n\t132ZF Adverse comment on or opinion of service provider in report\n\nIf a report to the Minister or Secretary under section 132ZE makes an adverse comment on or gives an adverse opinion of an individual or a service provider, at least 14 days before giving the report the Commissioner must—\n\n(a) give a copy of the relevant part of the report to the individual or service provider; and\n\n(b) give the individual or service provider a reasonable opportunity to comment on the adverse comment or opinion.\n\nS. 132ZG inserted by No. 33/2017 s. 29.\n\n\t132ZG Giving a report to Parliament\n\n(1) Subject to subsection (2), the Commissioner may give a copy of a report under section 132ZE(1) to the clerk of each House of the Parliament—\n\n(a) no less than 14 days after giving the report to the Minister and Secretary under section 132ZE; and\n\n(b) if section 132ZF has been complied with.\n\n(2) The Commissioner must not give a copy of a report to the clerk of each House of the Parliament under subsection (1) if the report identifies or names an individual, or contains information which enables an individual to be identified.\n\n(3) The clerk of each House of the Parliament must cause the report to be laid before the House on—\n\n(a) the day on which it is received; or\n\n(b) the next sitting day of the House.\n\n(4) If the Commissioner proposes to give the report to Parliament when neither House of the Parliament is sitting, the Commissioner must—\n\n(a) give one business day's notice of the Commissioner's intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and\n\n(c) cause the report to be published by the Government Printer.\n\n(5) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (4)(a) as soon as practicable after the clerk receives the notice.\n\n(6) On receiving a copy of the report under subsection (4)(b), the clerk of the House of the Parliament must—\n\n(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and\n\n(b) give a copy of the report to any member of the House on request; and\n\n(c) cause the copy of the report to be laid before the House on the next sitting day of the House.\n\n(7) A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (4)(b) is taken to have been published by order, or under the authority, of that House.\n\nS. 132ZH inserted by No. 33/2017 s. 29.\n\n\t132ZH Avoiding unnecessary duplication\n\nThe Commissioner may liaise with other investigative authorities, official bodies and statutory officers—\n\n(a) to avoid unnecessary duplication of inquiries or investigations; and\n\n(b) to facilitate the coordination and expedition of inquiries or investigations that are to be separately conducted by different authorities, bodies or officers.\n\nPt 6A (Heading) amended by No. 9/2023 s. 40.\n\nPt 6A (Heading and ss 132ZI–132ZO) inserted by No. 19/2019 s. 64.\n\nPart 6A—Appointment of Authorised Program Officers\n\nS. 132ZI inserted by No. 19/2019 s. 64, substituted by No. 9/2023 s. 41.\n\n\t132ZI Disability service provider or registered NDIS provider to appoint Authorised Program Officer\n\n(1) A disability service provider or a registered NDIS provider must appoint an Authorised Program Officer if the provider intends to use—\n\n(a) restrictive practices on a person under Part 7; or\n\n(b) compulsory treatment or restrictive practices on a person under Part 8.\n\n(2) More than one Authorised Program Officer may be appointed by a provider under subsection (1).\n\nS. 132ZJ (Heading) amended by No. 9/2023 s. 42(1).\n\nS. 132ZJ inserted by No. 19/2019 s. 64.\n\n\t132ZJ Disability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer\n\nS. 132ZJ(1) amended by No. 9/2023 s. 42(2).\n\n(1) A disability service provider or a registered NDIS provider who proposes to appoint an Authorised Program Officer must apply to the Senior Practitioner for approval of the proposed appointment.\n\n(2) An application for approval must include—\n\n(a) the name of the proposed Authorised Program Officer; and\n\n(b) the qualifications of the proposed Authorised Program Officer; and\n\n(c) any other information requested by the Senior Practitioner.\n\n(3) The Senior Practitioner may approve the appointment of one or more Authorised Program Officers subject to any conditions that the Senior Practitioner considers appropriate.\n\n(4) The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer appointed under this Part.\n\nS. 132ZK inserted by No. 19/2019 s. 64.\n\n\t132ZK Revocation of approval\n\nThe Senior Practitioner may revoke the approval of the appointment of an Authorised Program Officer if the Senior Practitioner considers it appropriate to do so.\n\nS. 132ZL (Heading) amended by Nos 9/2023 s. 43(1), 37/2021 s. 367A(1) (as amended by No. 9/2023 s. 250).\n\nS. 132ZL inserted by No. 19/2019 s. 64, amended by Nos 9/2023 s. 43(2), 37/2021 s. 367A(2) (as amended by No. 9/2023 s. 250).\n\n\t132ZL Senior Practitioner to notify Social Services Regulator or NDIS Commissioner\n\nThe Senior Practitioner must give written notice to the Social Services Regulator (in the case of a disability service provider) or the NDIS Commissioner (in the case of a registered NDIS provider) if the Senior Practitioner—\n\n(a) refuses to approve the appointment of an Authorised Program Officer; or\n\n(b) revokes the appointment of an Authorised Program Officer.\n\nS. 132ZM (Heading) amended by No. 9/2023 s. 44(1).\n\nS. 132ZM inserted by No. 19/2019 s. 64.\n\n\t132ZM Senior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation\n\nS. 132ZM(1) amended by No. 9/2023 s. 44(2).\n\n(1) The Senior Practitioner must not refuse an application under section 132ZJ or revoke approval of the appointment of an Authorised Program Officer under section 132ZK unless the Senior Practitioner has given a written notice to the disability service provider or the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the disability service provider or the registered NDIS provider.\n\n(2) The notice must specify—\n\n(a) the proposed decision and the reasons for the proposed decision; and\n\nS. 132ZM(2)(b) amended by No. 9/2023 s. 44(3).\n\n(b) that the disability service provider or the registered NDIS provider may make a written submission within 14 days after the notice is given.\n\nS. 132ZN inserted by No. 19/2019 s. 64.\n\n\t132ZN Application for review of appointment decision\n\nS. 132ZN(1) amended by No. 9/2023 s. 45(1).\n\n(1) A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner—\n\n(a) to refuse an application for approval of an appointment of an Authorised Program Officer under section 132ZJ; or\n\n(b) to revoke the appointment of an Authorised Program Officer under section 132ZK.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\nS. 132ZN(2)(b) substituted by No. 9/2023 s. 45(2).\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the disability service provider or the registered NDIS provider requests a statement of reasons for the decision, the day on which—\n\n(i) the statement of reasons is given to the disability service provider or the registered NDIS provider; or\n\n(ii) the disability service provider or the registered NDIS provider is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 132ZO inserted by No. 19/2019 s. 64.\n\n\t132ZO Senior Practitioner may issue directions\n\nS. 132ZO(1) amended by No. 9/2023 s. 46(1)(a).\n\n(1) The Senior Practitioner may issue directions to disability service providers and registered NDIS providers in relation to—\n\n(a) the minimum qualifications required to be held by persons who are proposed Authorised Program Officers; and\n\n(b) training to be completed by Authorised Program Officers; and\n\nS. 132ZO(1)(c) amended by No. 9/2023 s. 46(1)(b).\n\n(c) any other matter in relation to Authorised Program Officers; and\n\nS. 132ZO(1)(d) inserted by No. 9/2023 s. 46(1)(c).\n\n(d) any prescribed matter.\n\nS. 132ZO(1A) inserted by No. 9/2023 s. 46(2).\n\n(1A) The Senior Practitioner may direct a disability service provider or a registered NDIS provider to appoint an Authorised Program Officer.\n\nS. 132ZO(2) amended by No. 9/2023 s. 46(3).\n\n(2) A direction issued by the Senior Practitioner under subsection (1) must be published on the Department's internet site.\n\nPt 6B (Heading and ss 132ZP–132ZY) inserted by No. 19/2019 s. 64, repealed by No. 9/2023 s. 47.\n\nPt 7 (Heading and ss 133–150) amended by Nos 22/2012 ss 54–68, 13/2019 s. 221(Sch. 1 item 12.3), 19/2019 ss 65–86, substituted as Pt 7 (Heading and ss 133–149) by No. 9/2023 s. 47.\n\n","sortOrder":161},{"sectionNumber":"Part 7","sectionType":"part","heading":"Use of restrictive practices","content":"Part 7—Use of restrictive practices\n\nNew s. 133 inserted by No. 9/2023 s. 47.\n\n","sortOrder":162},{"sectionNumber":"133","sectionType":"section","heading":"Purpose and application of Part","content":"\t133 Purpose and application of Part\n\n(1) This Part applies in respect of persons, other than persons for whom a treatment plan is in force or is required to be prepared under Part 8, who—\n\n(a) receive disability services; or\n\n(b) are NDIS participants; or\n\n(c) are DSOA clients.\n\nDivision 6 of Part 8 also contains protective provisions in relation to persons subject to a treatment plan under Part 8.\n\n(2) This Part also applies in respect of the use of restrictive practices by a registered NDIS provider on an NDIS participant who is subject to a treatment plan if the treatment plan—\n\n(a) is prepared for the NDIS participant by or on behalf of the Authorised Program Officer for a disability service provider; and\n\n(b) is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules.\n\n(3) The purpose of this Part is to—\n\n(a) protect the rights of persons with a disability in respect of whom this Part applies and who are receiving disability services by ensuring that—\n\n(i) restrictive practices are included in behaviour support plans for those persons only in accordance with this Part; and\n\n(ii) restrictive practices are used on those persons only if the requirements of this Part are complied with; and\n\n(b) protect the rights of NDIS participants and DSOA clients in respect of whom this Part applies by ensuring that regulated restrictive practices are used on the person only if the use is authorised.\n\n(4) A provider that is both a disability service provider and a registered NDIS provider is required to comply with this Part either in the provider's capacity as a disability service provider or registered NDIS provider, but not both.\n\nNew s. 134 inserted by No. 9/2023 s. 47.\n\n","sortOrder":163},{"sectionNumber":"134","sectionType":"section","heading":"Authorised Program Officers","content":"\t134 Authorised Program Officers\n\nAn Authorised Program Officer must ensure that any restrictive practice used on a person in respect of whom this Part applies in the provision of—\n\n(a) a disability service; or\n\n(b) services under the NDIS; or\n\n(c) supports under the Commonwealth Disability Support for Older Australians program; or\n\n(d) supports under a prescribed program—\n\nfor which the Authorised Program Officer is responsible is administered in accordance with this Part.\n\nNew s. 135 inserted by No. 9/2023 s. 47.\n\n","sortOrder":164},{"sectionNumber":"135","sectionType":"section","heading":"Use of regulated restrictive practice only permitted after authorisation and approval given","content":"\t135 Use of regulated restrictive practice only permitted after authorisation and approval given\n\nExcept as provided for in sections 137 and 145, a disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies unless an authorisation under section 136 for the use of the regulated restrictive practice is in force and—\n\n(a) if the regulated restrictive practice is in the form of seclusion, physical restraint or mechanical restraint, the use of that form has been approved by the Senior Practitioner; and\n\n(b) if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under section 143, the use of that form has been approved by the Senior Practitioner; and\n\n(c) if the use of the regulated restrictive practice on a specified person or class of persons requires the Senior Practitioner's approval under section 143, the use of the regulated restrictive practice in that circumstance has been approved by the Senior Practitioner; and\n\n(d) the matters referred to in section 136(1)(a), (b), (e) and (g) are satisfied.\n\nNew s. 136 inserted by No. 9/2023 s. 47.\n\n","sortOrder":165},{"sectionNumber":"136","sectionType":"section","heading":"Authorisation for use of regulated restrictive practices","content":"\t136 Authorisation for use of regulated restrictive practices\n\n(1) The Authorised Program Officer may authorise the use of a regulated restrictive practice on a person in respect of whom this Part applies if the Authorised Program Officer is satisfied that—\n\n(a) the proposed use of the regulated restrictive practice is necessary to prevent the person from causing physical harm to themselves or another person; and\n\n(b) the use and form of the proposed regulated restrictive practice—\n\n(i) is the option which is the least restrictive of the person as is possible in the circumstances; and\n\n(ii) is included in the person's behaviour support plan or NDIS behaviour support plan; and\n\n(iii) is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and\n\n(iv) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and\n\n(c) if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and\n\n(d) if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and\n\n(e) if seclusion is to be used—\n\n(f) the Authorised Program Officer has complied with section 140; and\n\n(g) any other requirements imposed by the Senior Practitioner are complied with.\n\n(2) An authorisation given under this section is in force until—\n\n(a) the authorisation is revoked; or\n\n(b) the person's behaviour support plan or NDIS behaviour support plan expires; or\n\n(c) the person is given a new behaviour support plan or NDIS behaviour support plan.\n\n(3) An authorisation may be subject to any condition that the Authorised Program Officer considers appropriate, other than a condition requiring the variation of a behaviour support plan or NDIS behaviour support plan.\n\nSection 201D is a corresponding provision in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8.\n\nNew s. 137 inserted by No. 9/2023 s. 47.\n\n","sortOrder":166},{"sectionNumber":"137","sectionType":"section","heading":"Use of regulated restrictive practice permitted in certain circumstances—disability service provider","content":"\t137 Use of regulated restrictive practice permitted in certain circumstances—disability service provider\n\n(1) A disability service provider may use a regulated restrictive practice on a person to whom the disability service provider is providing disability services and who is also an NDIS participant or a DSOA client with an NDIS behaviour support plan if—\n\n(a) the Authorised Program Officer of the disability service provider has authorised that use under section 136; and\n\n(b) the disability service provider is satisfied that the criteria specified in section 136(1)(a), (b), (e) and (g) are met; and\n\n(c) if the regulated restrictive practice is in the form of a restrictive practice specified in section 143(1), the use of that form has been approved by the Senior Practitioner.\n\n(2) A disability service provider who uses regulated restrictive practices on a person under subsection (1) must give a report to the Senior Practitioner within 7 days after the end of an interval specified by the Senior Practitioner that details—\n\n(a) all instances in which the regulated restrictive practices were used during the period for which the report is prepared; and\n\n(b) any other details required by the Senior Practitioner.\n\n(3) The Senior Practitioner may issue directions to disability service providers to whom subsection (1) applies in relation to the use of regulated restrictive practices under that subsection.\n\nNew s. 138 inserted by No. 9/2023 s. 47.\n\n","sortOrder":167},{"sectionNumber":"138","sectionType":"section","heading":"Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers","content":"\t138 Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers\n\n(a) a disability service provider providing a disability service to a person in respect of whom this Part applies—\n\n(i) is satisfied that the criteria specified in section 136(1)(a) and (b) apply; and\n\n(ii) proposes to use a regulated restrictive practice on the person; and\n\n(b) the person receiving the disability service does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules.\n\n(2) The disability service provider must ensure that a behaviour support plan is prepared for the person in respect of whom this Part applies that—\n\n(a) states the circumstances in which the proposed form of a regulated restrictive practice is to be used for behaviour support; and\n\n(b) explains how the use of a regulated restrictive practice will be of benefit to the person; and\n\n(c) demonstrates that the use of a regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and\n\n(d) includes strategies to reduce and eliminate the need for a regulated restrictive practice to be used on the person; and\n\n(e) takes into account any—\n\n(i) previous behaviour assessments; and\n\n(ii) other relevant assessments; and\n\n(f) includes the changes to be made to the environment of the person to reduce or eliminate the need for the regulated restrictive practice to be used on the person.\n\n(3) The disability service provider must ensure that during the preparation of the behaviour support plan the following persons are consulted—\n\n(a) the person for whom the behaviour support plan is being prepared;\n\n(b) if the person for whom the behaviour support plan is being prepared has a guardian, the person's guardian;\n\n(c) if any other disability service providers provide disability services to the person for whom the behaviour support plan is being prepared, a representative of each disability service provider;\n\n(d) if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is being prepared, a representative of each registered NDIS provider;\n\n(e) any other person specified by the person for whom the behaviour support plan is being prepared;\n\n(f) any other person that the disability service provider considers integral to the development of the behaviour support plan.\n\nNew s. 139 inserted by No. 9/2023 s. 47.\n\n","sortOrder":168},{"sectionNumber":"139","sectionType":"section","heading":"Review of behaviour support plan—disability service providers","content":"\t139 Review of behaviour support plan—disability service providers\n\n(1) A disability service provider must ensure that a behaviour support plan prepared under section 138 is reviewed at intervals of not more than—\n\n(a) 12 months; or\n\n(b) if the Authorised Program Officer or the Senior Practitioner specifies a shorter period, the specified period.\n\n(2) A person for whom a behaviour support plan was prepared under section 138 may request a review of the plan at any time.\n\n(3) A review under this section must consider—\n\n(a) strategies to reduce and eliminate the need for the regulated restrictive practice to be used on the person for whom the behaviour support plan was prepared; and\n\n(b) any previous behaviour support assessments; and\n\n(c) any other relevant assessments; and\n\n(d) changes that could be made to the environment of the person for whom the behaviour support plan was prepared to reduce or eliminate the need for the regulated restrictive practice to be used on the person.\n\n(4) The disability service provider must ensure that in a review of a behaviour support plan the following persons are consulted—\n\n(a) the person for whom the behaviour support plan was prepared;\n\n(b) if the person for whom the behaviour support plan was prepared has a guardian, the person's guardian;\n\n(c) if any other disability service providers provide disability services to the person for whom the behaviour support plan was prepared, a representative of each disability service provider;\n\n(d) if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is prepared, a representative of each registered NDIS provider;\n\n(e) any other person specified by the person for whom the behaviour support plan was prepared;\n\n(f) any other person that the disability service provider considers integral to the review of the behaviour support plan.\n\nNew s. 140 inserted by No. 9/2023 s. 47.\n\n","sortOrder":169},{"sectionNumber":"140","sectionType":"section","heading":"Independent person","content":"\t140 Independent person\n\n(1) An Authorised Program Officer must ensure that an independent person is available to explain to a person in respect of whom this Part applies—\n\n(a) the proposed use of a regulated restrictive practice on the person; and\n\n(b) that the person to whom this Part applies may seek, as the case requires—\n\n(i) a review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice; or\n\n(ii) a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.\n\nSection 136(1)(f) provides that authorisation for use of a regulated restrictive practice under this Part may only be given if the Authorised Program Officer has complied with this section.\n\n(2) Subject to subsection (3), if changes are proposed to a behaviour support plan or an NDIS behaviour support plan as a result of a review by a disability service provider or an NDIS behaviour support practitioner, an Authorised Program Officer must ensure that an independent person is available to explain to the person for whom the behaviour support plan was prepared—\n\n(a) the details of those changes; and\n\n(b) if those changes involve the inclusion of a more restrictive form or use of regulated restrictive practice, any matter related to the inclusion of the regulated restrictive practice.\n\n(3) An Authorised Program Officer is not required to ensure that an independent person is available under subsection (2) if—\n\n(a) it is not proposed, as a result of the review, that a more restrictive form or use of regulated restrictive practice be included in the behaviour support plan or NDIS behaviour support plan; and\n\n(b) the person for whom the behaviour support plan or NDIS behaviour support plan was prepared has had the plan reviewed by the disability service provider or NDIS behaviour support practitioner in the last 12 months; and\n\n(c) during that review, an independent person was available in accordance with this section.\n\n(4) The independent person must notify the Senior Practitioner if the independent person considers that—\n\n(a) the person to whom this Part applies is not able to understand the proposal to use the regulated restrictive practice; and\n\n(b) the requirements of this Act or the relevant requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules are not being complied with.\n\n(5) The independent person may notify the Public Advocate of any circumstances described in subsection (4).\n\n(6) The independent person must notify the Senior Practitioner if the independent person considers that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised before the independent person explains the plan to the person.\n\n(7) The independent person may consult the Senior Practitioner if the independent person is concerned that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised.\n\n(8) An independent person assisting the person to whom this Part applies must not—\n\n(a) be a disability service provider or an NDIS provider for the person; or\n\n(b) be a representative of a disability service provider or an NDIS provider for the person; or\n\n(c) have any interest in a disability service provider or an NDIS provider for the person; or\n\n(d) have any responsibility in relation to the development or review of the person's behaviour support plan or NDIS behaviour support plan.\n\n(9) If a person in respect of whom this Part applies advises their disability service provider or registered NDIS provider that they do not consider that the person assisting them is an independent person, the Authorised Program Officer for that provider must arrange for an independent person to assist the person.\n\nNew s. 141 inserted by No. 9/2023 s. 47.\n\n","sortOrder":170},{"sectionNumber":"141","sectionType":"section","heading":"Powers of Public Advocate","content":"\t141 Powers of Public Advocate\n\n(1) On receiving a notification under section 140(5), the Public Advocate may do one or more of the following—\n\n(a) refer the matter to the Senior Practitioner;\n\n(b) within 28 days after receiving the notification, initiate an application to VCAT to review the decision by the Authorised Program Officer to authorise the use of a regulated restrictive practice and, as the case requires, the decision by the Senior Practitioner to approve the use;\n\n(c) disclose information about the use or proposed use of a regulated restrictive practice—\n\nS. 141(1)(c)(i) amended by No. 37/2021 s. 367B (as amended by No. 9/2023 s. 250).\n\n(i) in the case of a disability service provider, to the Social Services Regulator; or\n\n(ii) in the case of a registered NDIS provider, to the NDIA or the NDIS Quality and Safeguards Commission.\n\n(2) This section is in addition to the powers of the Public Advocate under the **Guardianship and Administration Act 2019**.\n\nNew s. 142 inserted by No. 9/2023 s. 47.\n\n","sortOrder":171},{"sectionNumber":"142","sectionType":"section","heading":"Information to be provided","content":"\t142 Information to be provided\n\n(1) The Authorised Program Officer, within 2 working days after authorising the use of a regulated restrictive practice on a person under section 136, must ensure that the Senior Practitioner is given—\n\n(a) a copy of the person's behaviour support plan or NDIS behaviour support plan; and\n\n(b) the name and details of the independent person who assisted the person; and\n\n(c) if the person is an NDIS participant or a DSOA client, any information provided to the NDIS Quality and Safeguards Commission in relation to the use of a regulated restrictive practice that is not included in the person's NDIS behaviour support plan; and\n\n(d) any other information required by the Senior Practitioner.\n\n(2) A disability service provider or a registered NDIS provider, at least 2 working days before using a regulated restrictive practice described in subsection (1) on a person, must—\n\n(a) give the person a notice in accordance with subsection (3); and\n\n(b) explain the notice to the person in accordance with section 7.\n\n(3) A notice under subsection (2) must state that—\n\n(a) the Authorised Program Officer has authorised under section 136 the use of a regulated restrictive practice on the person and, as the case requires, the Senior Practitioner has approved the use under section 143; and\n\n(b) the person may seek, as the case requires—\n\n(i) a review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice; or\n\n(ii) a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.\n\nNew s. 143 inserted by No. 9/2023 s. 47.\n\n","sortOrder":172},{"sectionNumber":"143","sectionType":"section","heading":"Approval by Senior Practitioner to use certain regulated restrictive practices","content":"\t143 Approval by Senior Practitioner to use certain regulated restrictive practices\n\n(1) The Senior Practitioner, if satisfied of the matters in subsection (2), may approve a disability service provider or a registered NDIS provider to use—\n\n(a) a regulated restrictive practice in the form of seclusion, physical restraint or mechanical restraint; or\n\n(b) a form of regulated restrictive practice specified as requiring approval under this section in a direction given by the Senior Practitioner; or\n\n(c) a regulated restrictive practice on a specified person or class of persons specified as requiring approval under this section in a direction given by the Senior Practitioner.\n\n(2) For the purposes of subsection (1), the matters are—\n\n(a) the proposed use of the regulated restrictive practice is necessary to prevent the person in respect of whom this Part applies from causing physical harm to themselves or to another person; and\n\n(b) the use and form of the proposed regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and\n\n(c) the use and form of the proposed regulated restrictive practice—\n\n(i) is included in the person's behaviour support plan or NDIS behaviour support plan; and\n\n(ii) is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and\n\n(iii) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and\n\n(d) if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and\n\n(e) if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and\n\n(f) if seclusion is to be used, that—\n\n(g) any other requirements imposed by the Senior Practitioner are complied with.\n\n(3) An approval given under this section is in force until—\n\n(a) the approval is revoked; or\n\n(b) the person's behaviour support plan or NDIS behaviour support plan expires; or\n\n(c) the person is given a new behaviour support plan or NDIS behaviour support plan.\n\n(4) The Senior Practitioner, if satisfied that it is appropriate to do so, may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the proposed use of a regulated restrictive practice on an NDIS participant or a DSOA client is authorised by the Authorised Program Officer and, as the case requires, approved by the Senior Practitioner.\n\nNew s. 144 inserted by No. 9/2023 s. 47.\n\n","sortOrder":173},{"sectionNumber":"144","sectionType":"section","heading":"Review by VCAT","content":"\t144 Review by VCAT\n\n(1) A person in respect of whom this Part applies may apply to VCAT for a review of—\n\n(a) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person, if that decision did not require the approval of the Senior Practitioner; or\n\n(b) an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person and the Senior Practitioner's decision under section 143 to approve that use.\n\n(2) A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner under section 143 not to approve the use of a regulated restrictive practice.\n\n(3) An application under subsection (1) or (2) must be made within 28 days after the day on which the person or provider is notified of the decision.\n\n(4) On an application under this section, VCAT must determine the review having regard to the requirements of this Part.\n\n(5) On an application under subsection (1)(a), VCAT may do any of the following—\n\n(a) confirm the decision to authorise the use of the regulated restrictive practice and dismiss the application;\n\n(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;\n\n(c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner;\n\n(d) direct that the regulated restrictive practice not be used on the person.\n\n(6) On an application under subsection (1)(b), VCAT may do any of the following—\n\n(a) confirm the decisions to authorise and approve the use of the regulated restrictive practice and dismiss the application;\n\n(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;\n\n(c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner;\n\n(d) direct that the regulated restrictive practice not be used on the person.\n\n(7) On an application under subsection (2), VCAT may do any of the following—\n\n(a) confirm the Senior Practitioner's decision not to approve the use of the regulated restrictive practice and dismiss the application;\n\n(b) subject to paragraph (c), in the case of a disability service provider, order the disability service provider to ensure a new behaviour support plan is prepared in accordance with the order;\n\n(c) where an NDIS behaviour support plan is being used for the person, order the disability service provider or the registered NDIS provider to request a review of the NDIS behaviour support plan by the NDIS behaviour support practitioner;\n\n(d) direct the Senior Practitioner to approve the use of the regulated restrictive practice on the person.\n\nNew s. 145 inserted by No. 9/2023 s. 47.\n\n","sortOrder":174},{"sectionNumber":"145","sectionType":"section","heading":"Authorisation for use of regulated restrictive practices in emergencies","content":"\t145 Authorisation for use of regulated restrictive practices in emergencies\n\n(a) a person in respect of whom this Part applies—\n\n(i) does not have a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices; or\n\n(ii) has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and—\n\n(A) the Authorised Program Officer has authorised that use; and\n\n(B) if the Senior Practitioner is required to approve the use, the Senior Practitioner has not done so; or\n\n(iii) has a behaviour support plan or an NDIS behaviour support plan which provides for the use of regulated restrictive practices and the Authorised Program Officer has not authorised that use; and\n\n(b) the person in charge of the relevant disability service provider or registered NDIS provider is of the opinion that there is an emergency because—\n\n(i) there is an imminent risk of the person in respect of whom this Part applies causing serious physical harm to themselves or another person; and\n\n(ii) it is necessary to use a regulated restrictive practice to prevent that risk.\n\n(2) The disability service provider or registered NDIS provider is authorised to use a regulated restrictive practice on the person in respect of whom this Part applies if—\n\n(a) the proposed use and form of the regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and\n\n(b) the use of the regulated restrictive practice is authorised by the person in charge of the disability service provider or registered NDIS provider; and\n\n(c) the Authorised Program Officer (if one has been appointed) is notified without delay of the use of the regulated restrictive practice.\n\n(3) If an Authorised Program Officer has not been appointed for the disability service provider or registered NDIS provider and the provider intends to continue to use a regulated restrictive practice on the person in respect of whom this Part applies (subject to obtaining the required authorisation under section 136 and, as the case requires, approval under section 143), the disability service provider or registered NDIS provider must appoint an Authorised Program Officer as soon as practicable in accordance with Part 6A.\n\nNew s. 146 inserted by No. 9/2023 s. 47.\n\n","sortOrder":175},{"sectionNumber":"146","sectionType":"section","heading":"Directions and other requirements of Senior Practitioner","content":"\t146 Directions and other requirements of Senior Practitioner\n\n(1) The Senior Practitioner may give a written direction in relation to any of the following matters—\n\n(a) prohibiting the use of a specified restrictive practice;\n\n(b) prohibiting the use of a specified class of restrictive practice;\n\n(c) regulating the use of a specified restrictive practice;\n\n(d) regulating the use of a specified class of restrictive practice;\n\n(e) prohibiting or regulating the use of a specified restrictive practice on a person belonging to a specified class of—\n\n(f) prohibiting or regulating the use of a specified class of restrictive practices on a person belonging to a specified class of—\n\n(g) requiring approval from the Senior Practitioner for the use of a specified restrictive practice;\n\n(h) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice;\n\n(i) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice on a person belonging to a specified class of—\n\n(j) guidelines and standards in relation to the use of restrictive practices;\n\n(k) any prescribed matter.\n\n(2) A direction under subsection (1) may be given to one or more of the following—\n\n(a) a specified disability service provider or registered NDIS provider;\n\n(b) disability service providers generally;\n\n(c) registered NDIS providers generally;\n\n(d) a class of disability service provider or registered NDIS provider.\n\n(3) The Senior Practitioner may require a registered NDIS provider to provide a report to the Senior Practitioner on the use of restrictive practices by the registered NDIS provider.\n\nNew s. 147 inserted by No. 9/2023 s. 47.\n\n","sortOrder":176},{"sectionNumber":"147","sectionType":"section","heading":"Reporting emergency use of regulated restrictive practices—disability service providers","content":"\t147 Reporting emergency use of regulated restrictive practices—disability service providers\n\n(1) The Authorised Program Officer for a disability service provider must give to the Senior Practitioner a monthly report on the use of a regulated restrictive practice under section 145.\n\n(2) A report under subsection (1) must be given within 7 days after the end of each month and specify—\n\n(a) the form of the regulated restrictive practice used and, if seclusion was used, the period of time during which it was used; and\n\n(b) the reasons why the regulated restrictive practice was used; and\n\n(c) the effect on the person's behaviour; and\n\n(d) the name of the person who approved the use of the regulated restrictive practice; and\n\n(e) the name of the person who applied the regulated restrictive practice or, if seclusion was used, kept the person in seclusion.\n\nNew s. 148 inserted by No. 9/2023 s. 47.\n\n","sortOrder":177},{"sectionNumber":"148","sectionType":"section","heading":"Reporting use of regulated restrictive practices—disability service providers","content":"\t148 Reporting use of regulated restrictive practices—disability service providers\n\n(1) The Senior Practitioner must—\n\n(a) monitor whether the use of a regulated restrictive practice by a disability service provider is in accordance with this Part; and\n\n(b) subject to any guidelines issued under subsection (3), advise the Authorised Program Officer who authorised the regulated restrictive practice as to the intervals, not exceeding 12 months, in which the Authorised Program Officer is to give to the Senior Practitioner a report on the implementation of a person's behaviour support plan or NDIS behaviour support plan.\n\n(2) A report required under subsection (1)(b) must—\n\n(a) be provided within 7 days after the end of the interval advised under subsection (1)(b); and\n\n(b) contain the matters under section 147(2); and\n\n(c) include a record of all instances in which regulated restrictive practices have been used during the period for which the report is prepared; and\n\n(d) specify any details required by the Senior Practitioner in respect of each instance included under paragraph (c); and\n\n(e) have attached a copy of the person's current behaviour support plan or NDIS behaviour support plan if the use of regulated restrictive practices is being continued.\n\n(3) For the purposes of this section, the Senior Practitioner may make and issue guidelines relating to the preparation of reports including enabling the preparation of a consolidated report by an Authorised Program Officer where more than one disability service provider is providing disability services to a person in respect of whom this Part applies involving the use of regulated restrictive practices.\n\nNew s. 149 inserted by No. 9/2023 s. 47.\n\n","sortOrder":178},{"sectionNumber":"149","sectionType":"section","heading":"Offences","content":"\t149 Offences\n\n(1) A disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies except in accordance with—\n\n(a) section 135; or\n\n(b) section 137; or\n\n(c) section 145.\n\n(2) Except in accordance with section 145, a disability service provider or a registered NDIS provider must not use restrictive practices on a person in respect of whom this Part applies if the Senior Practitioner has not approved the appointment of the provider's Authorised Program Officer.\n\nPart 8—Compulsory treatment\n\nPt 8 Div. 1AA (Heading and s. 150A) inserted by No. 22/2012 s. 69.\n\nDivision 1AA—Preliminary\n\nS. 150A inserted by No. 22/2012 s. 69, amended by No. 9/2023 s. 48 (ILA s. 39B(1)).\n\n","sortOrder":179},{"sectionNumber":"150A","sectionType":"section","heading":"Restrictions on liberty or freedom of movement","content":"\t150A Restrictions on liberty or freedom of movement\n\n(1) A disability service provider must not detain a person with an intellectual disability otherwise than in accordance with this Part.\n\nS. 150A(2) inserted by No. 9/2023 s. 48.\n\n(2) A registered NDIS provider must not detain a person with an intellectual disability otherwise than in accordance with this Part.\n\nS. 150A(3) inserted by No. 9/2023 s. 48.\n\n(3) A disability service provider or a registered NDIS provider must not use compulsory treatment on a person if the Senior Practitioner has not approved the appointment of the provider's Authorised Program Officer.\n\n","sortOrder":180},{"sectionNumber":"Div 1","sectionType":"division","heading":"Residential treatment facilities","content":"Division 1—Residential treatment facilities\n\n","sortOrder":181},{"sectionNumber":"151","sectionType":"section","heading":"Proclamation of residential treatment facility","content":"\t151 Proclamation of residential treatment facility\n\n(1) The Governor in Council may, by proclamation published in the Government Gazette, proclaim—\n\nS. 151(1)(a) amended by No. 9/2023 s. 110(1).\n\n(a) a premises (including part of any building or place) used by the Secretary or a forensic disability service provider to provide residential services; or\n\nS. 151(1)(b) amended by No. 9/2023 s. 110(1).\n\n(b) a program provided on a premises (including part of any building or place) used by the Secretary or a forensic disability service provider to provide residential services—\n\nto be a residential treatment facility.\n\nNote to s. 151(1) inserted by No. 9/2023 s. 110(2).\n\nResidential treatment facilities are no longer classified as short-term residential treatment facilities or long-term residential treatment facilities—see section 262.\n\nS. 151(2) repealed by No. 9/2023 s. 110(3).\n\n(3) The purpose of a residential treatment facility is to provide compulsory treatment to persons with an intellectual disability admitted to the residential treatment facility in accordance with this Division.\n\nS. 151(4) amended by No. 9/2023 s. 110(4).\n\n(4) Subject to subsection (5) and section 152B, for the purposes of this Division, a person with an intellectual disability can only be admitted to one or more residential treatment facilities for a period not exceeding 5 years.\n\nS. 151(5) amended by No. 9/2023 s. 110(5).\n\n(5) If a new order of the type specified in section 152(2) applies to a person with an intellectual disability, subsection (4) does not prevent the person with an intellectual disability being re‑admitted to a residential treatment facility.\n\nS. 151(6) repealed by No. 9/2023 s. 110(6).\n\nS. 151(7) amended by No. 9/2023 s. 110(7).\n\n(7) A residential treatment facility can only be operated by—\n\nS. 151(7)(a) inserted by No. 9/2023 s. 110(7).\n\n(a) the Secretary through the Department; or\n\nS. 151(7)(b) inserted by No. 9/2023 s. 110(7).\n\n(b) a forensic disability service provider.\n\nS. 151(8) amended by No. 9/2023 s. 110(8).\n\n(8) The Secretary must appoint an Authorised Program Officer under Part 6A in respect of each residential treatment facility operated by the Secretary.\n\nS. 151(9) inserted by No. 9/2023 s. 110(9).\n\n(9) A forensic disability service provider must appoint an Authorised Program Officer under Part 6A in respect of each residential treatment facility operated by the forensic disability service provider.\n\n","sortOrder":182},{"sectionNumber":"152","sectionType":"section","heading":"Admission to a residential treatment facility","content":"\t152 Admission to a residential treatment facility\n\n(1) A person with a disability may only be admitted to a residential treatment facility if the Secretary is satisfied that—\n\n(a) the person has an intellectual disability; and\n\n(b) the person presents a serious risk of violence to another person; and\n\n(c) all less restrictive options have been tried or considered and are not suitable; and\n\nS. 152(1)(d) amended by No. 9/2023 s. 111(1)(a).\n\n(d) the residential treatment facility can provide services for the treatment of the person with a disability and that treatment is suitable for that person having regard to the person's willingness to engage in and benefit from the treatment; and\n\nS. 152(1)(e) substituted by No. 9/2023 s. 111(1)(b).\n\n(e) the person is able to engage in the therapeutic environment at the residential treatment facility; and\n\nS. 152(1)(f) substituted by No. 9/2023 s. 111(1)(c).\n\n(f) the admission of the person to the residential treatment facility is appropriate having regard to—\n\n(i) the level of vulnerability of the person; and\n\n(ii) any risks the person presents to other residents of the residential treatment facility; and\n\n(iii) the compatibility of the person with other residents of the residential treatment facility.\n\nS. 152(1A) inserted by No. 9/2023 s. 111(2).\n\n(1A) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.\n\nS. 152(1B) inserted by No. 9/2023 s. 111(2).\n\n(1B) A person must not be admitted to a residential treatment facility unless—\n\n(a) the Secretary has consulted and considered any advice of the Senior Practitioner about the suitability of the treatment to be provided to the person at the residential treatment facility; and\n\n(b) an order specified in subsection (2) applies to the person enabling compulsory treatment to be provided.\n\nS. 152(2) amended by No. 9/2023 s. 111(3)(a).\n\n(2) For the purposes of subsection (1B)(b), the following orders are specified—\n\n(a) a residential treatment order made under the **Sentencing Act 1991**;\n\n(b) a parole order made under the **Corrections Act 1986**;\n\nS. 152(2)(c) amended by No. 55/2014 s. 146.\n\n(c) a custodial supervision order made under section 26 or 38ZH of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\n(d) an order transferring the person from a prison under section 166;\n\nS. 152(2)(e) amended by No. 91/2009 s. 219(Sch. 3 item 1.1), repealed by No. 9/2023 s. 111(3)(b).\n\nS. 152(2)(f) inserted by No. 91/2009 s. 219(Sch. 3 item 1.2), amended by Nos 29/2011 s. 3(Sch. 1 item 28.1), 27/2018 s. 358(2).\n\n(f) a supervision order or interim supervision order within the meaning of the **Serious Offenders Act 2018**.\n\nS. 152(3) amended by Nos 91/2009 s. 219(Sch. 3 item 1.3), 9/2023 s. 111(4)(a).\n\n(3) An order specified in subsection (2)(b) or (2)(f) cannot provide for the admission of the person in respect of whom it is made to a residential treatment facility unless the Secretary has provided a statement to the relevant person or body specifying that—\n\n(a) treatment is available in the residential treatment facility; and\n\nS. 152(3)(b) amended by No. 9/2023 s. 111(4)(b).\n\n(b) the person satisfies the criteria specified in subsections (1)(a) to (1)(f); and\n\nS. 152(3)(c) amended by No. 9/2023 s. 111(4)(c).\n\n(c) admission to the residential treatment facility is appropriate in the circumstances; and\n\nS. 152(3)(d) inserted by No. 9/2023 s. 111(4)(d).\n\n(d) the Senior Practitioner has been consulted in relation to the proposed admission.\n\nS. 152(4) inserted by No. 91/2009 s. 219(Sch. 3 item 1.4).\n\n(4) In subsection (3), ***relevant person or body*** means—\n\nS. 152(4)(a) amended by No. 57/2017 s. 48(2)(a).\n\n(a) in the case of an order specified in subsection (2)(b)—the Adult Parole Board; and\n\nS. 152(4)(ab) inserted by No. 57/2017 s. 48(2)(b), repealed by No. 9/2023 s. 111(5).\n\nS. 152(4)(b) amended by No. 19/2019 s. 9.\n\n(b) in the case of an order specified in subsection (2)(f)—the Secretary to the Department of Justice and Community Safety.\n\nS. 152(5) inserted by No. 9/2023 s. 111(6).\n\n(5) Subject to subsections (6) and (7), if the Authorised Program Officer notifies the Secretary, or the Secretary otherwise becomes aware, that the matters in subsection (1) or an order specified in subsection (2) may no longer apply to a person residing at a residential treatment facility, the Secretary must not allow the person to continue to reside at a residential treatment facility unless the Secretary is satisfied—\n\n(a) of the matters in subsection (1); and\n\n(b) that an order specified in subsection (2) continues to apply to the person.\n\nS. 152(6) inserted by No. 9/2023 s. 111(6).\n\n(6) The Secretary may allow a person who is subject to an order specified in subsection (2) to continue to reside at a residential treatment facility for up to 3 months after the Secretary ceases to be satisfied of a matter in subsection (1).\n\nS. 152(7) inserted by No. 9/2023 s. 111(6).\n\n(7) The Secretary, after consulting and considering any advice of the Senior Practitioner, may allow a person who is subject to an order specified in subsection (2)(c) requiring the person to be detained at a residential treatment facility to reside at that facility until the order is varied or revoked.\n\nS. 152(8) inserted by No. 9/2023 s. 111(6).\n\n(8) The Secretary must notify the person, body or court that made the order specified in subsection (2) in relation to the person if the Secretary allows the person to continue to reside at a residential treatment facility under subsection (6).\n\nS. 152(9) inserted by No. 9/2023 s. 111(6).\n\n(9) In this section—\n\n***admission***, in relation to a residential treatment facility, includes—\n\n(a) the readmission of a person to a residential treatment facility if an existing or a new order specified in subsection (2) applies to the person enabling compulsory treatment to be provided; and\n\n(b) any period during which the Secretary extends the person's admission to a residential treatment facility under section 152B—\n\nbut does not include a period during which the Secretary allows the person to continue to reside in the residential treatment facility under subsection (6) or (7).\n\nS. 152A inserted by No. 9/2023 s. 112.\n\n","sortOrder":183},{"sectionNumber":"152A","sectionType":"section","heading":"Information to be provided to resident","content":"\t152A Information to be provided to resident\n\n(1) The Secretary or forensic disability service provider (as the case requires), at the time a person is being admitted to the residential treatment facility, must provide the person with relevant written information about the services to be provided to the person.\n\n(2) For the purposes of subsection (1), relevant information includes—\n\n(a) the disability services being provided to the person and any associated costs; and\n\n(b) the conditions of an order specified in section 152(2) or a direction requiring the person to reside at the residential treatment facility; and\n\n(c) any security conditions imposed under section 159(1)  that will apply at the residential treatment facility; and\n\n(d) the procedures for making a complaint to the disability service provider and to the Disability Services Commissioner; and\n\n(e) the rights, entitlements and obligations of the person under this Act; and\n\n(f) the person's right to see a community visitor; and\n\n(g) that the person may seek the support of an advocate to address concerns with any order or direction requiring the person to reside at the residential treatment facility, and may request the assistance of the Secretary or the forensic disability service provider (as the case requires) to contact the advocate; and\n\n(h) the person's treatment plan; and\n\n(i) the person's right to a review of the person's treatment plan, including the annual review of the treatment plan by VCAT; and\n\n(j) information about applications for leave under this Act or any other Act; and\n\n(k) that the person may be apprehended under section 160 if the person is absent from the facility without leave of absence or special leave of absence; and\n\n(l) any information which the Secretary or the Senior Practitioner requires to be provided; and\n\n(m) any other relevant information.\n\n(3) The Secretary or forensic disability service provider (as the case requires) must provide the person with details of any material update to the relevant written information described in subsection (2)(c) and (h).\n\n(4) The Secretary or forensic service provider (as the case requires) must explain any information or details provided to the person under this section in accordance with section 7.\n\nS. 152B inserted by No. 9/2023 s. 113.\n\n","sortOrder":184},{"sectionNumber":"152B","sectionType":"section","heading":"Secretary may extend admission to residential treatment facility","content":"\t152B Secretary may extend admission to residential treatment facility\n\n(1) The Secretary may extend a person's admission to a residential treatment facility for further periods not exceeding 12 months at a time if satisfied that—\n\n(a) the person continues to meet the admission criteria under section 152; and\n\n(b) the person would benefit from further treatment at the residential treatment facility; and\n\n(c) the treatment being provided at the residential treatment facility continues to be appropriate for the person; and\n\n(d) the further treatment is likely to result in a reduction to any risk of violence the person presents to another person.\n\n(2) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.\n\n(3) The Secretary must not extend a person's admission to a residential treatment facility under this section unless—\n\n(a) the Secretary has consulted the Senior Practitioner in relation to the proposed admission; and\n\n(b) if the Senior Practitioner has provided advice to the Secretary about whether the treatment provided at the residential treatment facility continues to be suitable for the person, the Secretary has considered that advice.\n\n(4) The Secretary, in considering whether to extend a person's admission to a residential treatment facility under this section, may have regard to operational demands.\n\n(5) An extension under subsection (1) must not exceed the period of the order specified in section 152(2) or any period specified in a direction given under that order.\n\n","sortOrder":185},{"sectionNumber":"153","sectionType":"section","heading":"Authorised Program Officer must prepare treatment plan","content":"\t153 Authorised Program Officer must prepare treatment plan\n\nS. 153(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.5), 9/2023 s. 114(1).\n\n(1) Within 28 days after a person with a disability is admitted to a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b) or 152(2)(f), the Authorised Program Officer must prepare a treatment plan.\n\n(2) A treatment plan must include provisions which—\n\n(a) specify the treatment that will be provided to the resident in the residential treatment facility during the period that the order under which the person is detained remains in force;\n\n(b) state the benefit to the person that the resident is expected to receive from the treatment;\n\nS. 153(2)(c) amended by No. 19/2019 s. 87(1).\n\n(c) specify any restrictive practices that are to be used;\n\nNote to s. 153(2)(c) inserted by No. 22/2012 s. 70(1), amended by No. 19/2019 s. 87(2).\n\nDivision 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.\n\n(d) specify the process and criteria applying in respect of the resident obtaining leave of absence from the residential treatment facility;\n\n(e) set out a proposed process for the transition from being a resident in a residential treatment facility to living in the community.\n\nS. 153(2A) inserted by No. 83/2011 s. 18.\n\n(2A) When preparing a treatment plan under subsection (1), the Authorised Program Officer must ensure that the treatment plan is consistent with the order under which the person with a disability is admitted to the residential treatment facility.\n\n(3) Within 2 days of the treatment plan being prepared, the Authorised Program Officer must—\n\n(a) give a copy of the treatment plan to the person with a disability; and\n\nS. 153(3)(aab) inserted by No. 9/2023 s. 114(2).\n\n(aab) explain the treatment plan to the person with a disability in accordance with section 7; and\n\nS. 153(3)(ab) inserted by No. 22/2012 s. 70(2).\n\n(ab) explain to the person with a disability that the person can seek a review of the treatment plan by VCAT under section 155 at any time if the person wants to do so; and\n\nS. 153(3)(b) amended by Nos 22/2012 s. 70(3), 9/2023 s. 49(1).\n\n(b) lodge a copy of the treatment plan with the Senior Practitioner for approval.\n\nS. 153(3A) inserted by No. 22/2012 s. 70(4).\n\n(3A) On receiving a treatment plan under subsection (3)(b), the Senior Practitioner—\n\n(a) must consider the acceptability of the treatment plan, having regard to—\n\n(i) the provisions required to be included in the treatment plan by subsection (2); and\n\n(ii) any law, policy or practice that the Senior Practitioner considers is relevant; and\n\n(b) may—\n\nS. 153  \n(3A)(b)(i) amended by No. 9/2023 s. 49(2).\n\n(i) if satisfied that the treatment plan is acceptable, approve the treatment plan; or\n\n(ii) direct the Authorised Program Officer to change the treatment plan; or\n\n(iii) apply to VCAT for a review of the plan under section 155.\n\n(4) An Authorised Program Officer must provide a report on the implementation of a treatment plan to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.\n\n(5) Subject to subsection (6), a material change can not be made to a treatment plan unless the change is approved by the Senior Practitioner.\n\n(6) Unless subsection (7) applies, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—\n\n(a) the Senior Practitioner cannot approve the change; and\n\n(b) the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 155.\n\n(7) Despite subsection (6), if the Senior Practitioner considers that an increase in the level of supervision or restriction of a person with a disability is necessary because of an emergency, the Senior Practitioner—\n\n(a) may approve a material change to the treatment plan of the person with a disability relating to the increase in the level of supervision or restriction; and\n\n(b) must immediately apply to VCAT for a variation of the treatment plan under section 155.\n\n(8) The Senior Practitioner must, as soon as practicable before the change has effect, notify in writing the person who is subject to the treatment plan of the change to the treatment plan approved by the Senior Practitioner.\n\n","sortOrder":186},{"sectionNumber":"154","sectionType":"section","heading":"Annual review of treatment plan","content":"\t154 Annual review of treatment plan\n\nS. 154(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.6), 9/2023 s. 115.\n\n(1) While an order specified in section 152(2)(a), 152(2)(b) or 152(2)(f) is in force, the Authorised Program Officer must—\n\n(a) within 6 months of the person subject to the treatment plan being admitted to the residential treatment facility; and\n\n(b) at intervals of not more than 12 months since the last review of the treatment plan by VCAT—\n\napply to VCAT for a review of the treatment plan.\n\n(2) In conducting a review of a treatment plan, VCAT must determine whether the treatment plan is appropriate having regard to the criteria specified in section 153(2).\n\n(c) require the Authorised Program Officer to prepare a new treatment plan.\n\n(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.\n\nS. 154(5) amended by Nos 91/2009 s. 219(Sch. 3 item 1.7), 9/2023 s. 115.\n\n(5) VCAT can only vary a treatment plan if the variation is consistent with the order specified in section 152(2)(a), 152(2)(b) or 152(2)(f).\n\n(6) After reviewing a treatment plan, VCAT must set a date not later than 12 months for the next review.\n\n","sortOrder":187},{"sectionNumber":"155","sectionType":"section","heading":"Application for review of treatment plan","content":"\t155 Application for review of treatment plan\n\nS. 155(1) amended by No. 22/2012 s. 71.\n\n(1) The Authorised Program Officer, the Senior Practitioner or the resident may at any time apply to VCAT for a review of a treatment plan.\n\n(2) In conducting a review of a treatment plan, VCAT must determine whether the treatment plan is appropriate having regard to the criteria specified in section 153(2).\n\n(c) require the Authorised Program Officer to prepare a new treatment plan.\n\n(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.\n\nS. 155(5) amended by Nos 91/2009 s. 219(Sch. 3 item 1.8), 9/2023 s. 116.\n\n(5) VCAT can only vary a treatment plan if the variation is consistent with the order under section 152(2)(a), 152(2)(b) or 152(2)(f).\n\n(6) After reviewing a treatment plan, VCAT must set a date not later than 12 months for the next review.\n\n","sortOrder":188},{"sectionNumber":"156","sectionType":"section","heading":"Leave of absence","content":"\t156 Leave of absence\n\nS. 156(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.9), 9/2023 s. 117(1).\n\n(1) Subject to this section, the Authorised Program Officer may allow a resident detained in a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b), 152(2)(d) or 152(2)(f) to be absent from the residential treatment facility—\n\n(a) for the period; and\n\n(b) subject to any conditions—\n\nthat the Authorised Program Officer considers appropriate.\n\n(2) Leave of absence under this section must be granted—\n\n(a) in accordance with the process and criteria specified in the resident's treatment plan; and\n\n(b) subject to any directions given by VCAT or the Senior Practitioner.\n\n(3) The Authorised Program Officer must not allow a resident leave of absence unless the Authorised Program Officer is satisfied on reasonable grounds that the safety of members of the public will not be seriously endangered as a result of the resident being allowed leave of absence.\n\n(4) The Authorised Program Officer may—\n\n(a) from time to time extend the period of leave of absence; or\n\n(b) revoke the leave of absence and require the resident to return to the residential treatment facility.\n\nS. 156(4A) inserted by No. 9/2023 s. 117(2).\n\n(4A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before allowing a resident leave of absence, extending the period of leave of absence or revoking a leave of absence under this section.\n\nS. 156(4B) inserted by No. 9/2023 s. 117(2).\n\n(4B) The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to—\n\n(a) refuse to grant a leave of absence; or\n\n(b) refuse to extend a leave of absence; or\n\n(c) revoke a leave of absence.\n\n(5) The Authorised Program Officer of a residential treatment facility must provide a report for the period of 6 months ending on 30 June and 31 December to the Senior Practitioner specifying in respect of the residential treatment facility—\n\n(a) the number of leaves of absence allowed;\n\n(b) in any case where leave of absence was considered by VCAT, details of the hearing and the decision.\n\n","sortOrder":189},{"sectionNumber":"157","sectionType":"section","heading":"Special leave","content":"\t157 Special leave\n\nS. 157(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.10), 9/2023 s. 118(1).\n\n(1) A resident detained in a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b), 152(2)(d) or 152(2)(f) may apply to the Authorised Program Officer for special leave of absence specifying the special circumstances for which the special leave is required.\n\nSpecial leave of absence may be applied for in relation to unplanned, one-off or emergency situations in special circumstances such as attending a medical appointment or a funeral in the community.\n\nS. 157(2) amended by No. 9/2023 s. 118(2).\n\n(2) Subject to subsection (2A), the Authorised Program Officer must grant an application for special leave of absence if the Authorised Program Officer is satisfied that—\n\n(a) there are special circumstances; and\n\n(b) the safety of members of the public will not be seriously endangered.\n\nS. 157(2A) inserted by No. 9/2023 s. 118(3).\n\n(2A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before granting an application for special leave of absence under this section.\n\n(3) If the Authorised Program Officer refuses to grant special leave of absence to a resident detained in a residential treatment facility, the resident may apply to VCAT for a review of the decision.\n\nS. 157(3A) inserted by No. 9/2023 s. 118(4).\n\n(3A) The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to refuse to grant an application for special leave of absence.\n\nS. 157(3B) inserted by No. 9/2023 s. 118(4).\n\n(3B) The resident may apply to VCAT for a review of—\n\n(a) a refusal by the Secretary under subsection (2A) to approve a decision of the Authorised Program Officer to grant an application for special leave of absence; or\n\n(b) a decision of the Secretary under subsection (3A) to affirm a decision of the Authorised Program Officer to refuse to grant an application for special leave of absence.\n\nS. 157(4) amended by No. 9/2023 s. 118(5).\n\n(4) On an application under subsection (3) or (3B), VCAT may order that—\n\n(a) special leave of absence should be allowed; or\n\n(b) special leave of absence should not be allowed.\n\n(5) Special leave of absence—\n\n(a) must not exceed 24 hours except in the case of special leave of absence for medical treatment; and\n\n(b) may be subject to any conditions as the Authorised Program Officer or VCAT may specify.\n\n(6) The Authorised Program Officer of a residential treatment facility must provide a report for the period of 6 months ending on 30 June and 31 December to the Senior Practitioner specifying in respect of the residential treatment facility—\n\n(a) the number of special leaves of absence granted;\n\n(b) the special circumstances for which they were granted.\n\n","sortOrder":190},{"sectionNumber":"158","sectionType":"section","heading":"Suspension of leave of absence or special leave","content":"\t158 Suspension of leave of absence or special leave\n\nS. 158(1) amended by No. 9/2023 s. 119(1).\n\n(1) Subject to subsection (3A), leave of absence or special leave of absence granted to a resident detained in a residential treatment facility may be suspended wholly or partly at any time by the Secretary or the Authorised Program Officer if the Secretary or the Authorised Program Officer is satisfied on reasonable grounds that the safety of the person on leave or members of the public will be seriously endangered if leave or part of the leave is not suspended.\n\n(2) If leave of absence or special leave of absence is suspended, the Secretary or the Authorised Program Officer must as soon as is practicable confirm the suspension in writing to the person in respect of whom the leave of absence or special leave of absence is suspended.\n\nS. 158(3) amended by No. 9/2023 s. 119(2).\n\n(3) Subject to subsection (3A), if the Secretary or the Authorised Program Officer is satisfied that the reason for the suspension no longer exists, the Secretary or the Authorised Program Officer must lift the suspension immediately.\n\nS. 158(3A) inserted by No. 9/2023 s. 119(3).\n\n(3A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before suspending, or lifting the suspension of, a leave of absence or special leave of absence under this section.\n\n(4) A person whose leave of absence or special leave of absence is wholly suspended under this section is deemed not to have leave of absence or special leave of absence during the period of suspension.\n\n(5) A person whose leave of absence or special leave of absence is partly suspended under this section is deemed not to have the suspended part of the leave of absence or special leave of absence during the period of suspension.\n\n","sortOrder":191},{"sectionNumber":"159","sectionType":"section","heading":"Security conditions","content":"\t159 Security conditions\n\nS. 159(1) amended by Nos 19/2019 s. 131(1), 9/2023 s. 50.\n\n(1) Subject to section 159A, a resident detained in a residential treatment facility or absent from a residential treatment facility on leave under this or any other Act is subject to such security conditions as the Authorised Program Officer considers necessary.\n\nS. 159(2) amended by No. 19/2019 s. 131(2).\n\n(2) A resident detained in a residential treatment facility may be transported to and from any places as may be necessary for the administration of this or any other Act in accordance with those security conditions.\n\nS. 159(3) substituted by No. 9/2023 s. 120.\n\n(3) A resident detained in a residential treatment facility is in the custody of the Secretary until the order under which the resident is detained ceases or is terminated, unless the order or an enactment otherwise provides.\n\nS. 159A inserted by No. 9/2023 s. 51.\n\n","sortOrder":192},{"sectionNumber":"159A","sectionType":"section","heading":"Secretary to approve certain security conditions","content":"\t159A Secretary to approve certain security conditions\n\n(1) A security condition that is a restrictive practice and which will apply to all residents detained in a residential treatment facility must be approved by the Secretary.\n\n(2) The Secretary may approve a security condition described in subsection (1) if the purpose of the security condition is for—\n\n(a) the supervision of residents; or\n\n(b) the security of the residential treatment facility.\n\n(3) The Secretary must consult the Senior Practitioner before making a decision under this section.\n\nS. 160 amended by No. 19/2019 s. 132.\n\n","sortOrder":193},{"sectionNumber":"160","sectionType":"section","heading":"Apprehension of resident absent without leave","content":"\t160 Apprehension of resident absent without leave\n\nA resident detained in a residential treatment facility who is absent from the residential treatment facility without leave of absence or special leave of absence under this or any other Act may be apprehended at any time by—\n\nS. 160(a) amended by No. 37/2014 s. 10(Sch. item 45.2).\n\n(a) a police officer; or\n\nS. 160(b) substituted by No. 9/2023 s. 121.\n\n(b) the person in charge of the residential treatment facility; or\n\nS. 160(c) inserted by No. 9/2023 s. 121.\n\n(c) a person employed under the **Public Administration Act 2004** who is authorised by the Secretary; or\n\nS. 160(d) inserted by No. 9/2023 s. 121.\n\n(d) a person of a prescribed class who is authorised by the Secretary—\n\nfor the purpose of being returned to the residential treatment facility.\n\nS. 161 (Heading) amended by No. 19/2019 s. 133(1).\n\n","sortOrder":194},{"sectionNumber":"161","sectionType":"section","heading":"Transfer of resident to another residential treatment facility","content":"\t161 Transfer of resident to another residential treatment facility\n\nS. 161(1) amended by No. 19/2019 s. 133(2).\n\n(1) The Secretary at the request of the Senior Practitioner or the Authorised Program Officer may by order direct the transfer of a resident detained in a residential treatment facility to another residential treatment facility if the Secretary is satisfied that the transfer will enable that person's treatment plan to be more effectively implemented.\n\nS. 161(2) amended by No. 19/2019 s. 133(3).\n\n(2) If a resident detained in a residential treatment facility is transferred to another residential treatment facility any documents relevant to the detention and care of the resident must be forwarded at the same time to that residential treatment facility.\n\nDivision 2—Provisions applying to RTO residents\n\n","sortOrder":195},{"sectionNumber":"162","sectionType":"section","heading":"Extended leave","content":"\t162 Extended leave\n\n(1) In this section, ***extended leave*** means leave for a RTO resident to be absent from the residential treatment facility—\n\n(a) for the period, not exceeding 12 months; and\n\n(b) subject to the conditions (if any)—\n\nspecified by the court which made the residential treatment order.\n\n(2) The purpose of extended leave is to enable the RTO resident to be re-integrated within the community while still subject to conditions specified by the court that made the residential treatment order.\n\n(3) An application for extended leave for a RTO resident may be made to the court that made the residential treatment order to which they are subject—\n\n(a) by the RTO resident; or\n\nS. 162(3)(b) substituted by No. 9/2023 s. 122(1).\n\n(b) with the approval of the Secretary, by the Authorised Program Officer.\n\nS. 162(4) substituted by No. 9/2023 s. 122(2).\n\n(4) An application under subsection (3) must include a leave plan prepared by the Authorised Program Officer.\n\n(5) The court may grant an application under subsection (3) if the court is satisfied on reasonable grounds that the safety of the RTO resident or members of the public will not be seriously endangered as a result of the RTO resident being allowed extended leave.\n\n(6) An application for extended leave can be made and granted more than once.\n\n","sortOrder":196},{"sectionNumber":"163","sectionType":"section","heading":"Appeals regarding extended leave","content":"\t163 Appeals regarding extended leave\n\n(1) A person may appeal against a refusal to grant the person extended leave under section 162—\n\n(a) if the original court making the decision was the Magistrates' Court, to the County Court; or\n\nS. 163(1)(ab) inserted by No. 3/2016 s. 93, amended by No. 1/2022 s. 88.\n\n(ab) if the original court making the decision was the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal; or\n\nS. 163(1)(b) amended by No. 62/2014 s. 12(1).\n\n(b) if the original court making the decision was the County Court or the Supreme Court, to the Court of Appeal with leave of the Court of Appeal.\n\nS. 163(2) amended by Nos 62/2014 s. 12(2), 9/2023 s. 123.\n\n(2) The Authorised Program Officer, with the approval of the Secretary, may appeal to the Court of Appeal with leave of the Court of Appeal against a grant of extended leave if the Authorised Program Officer considers that—\n\n(a) extended leave should not have been granted; and\n\n(b) an appeal should be brought in the public interest.\n\nS. 163(3) amended by Nos 62/2014 s. 12(3), 9/2023 s. 52.\n\n(3) The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal with leave of the Court of Appeal against a grant of extended leave if that person—\n\n(a) was a party to the proceeding in which extended leave was granted; and\n\n(b) considers that extended leave should not have been granted; and\n\n(c) considers that an appeal should be brought in the public interest.\n\n(4) On an appeal against a refusal to grant extended leave, the Court of Appeal may—\n\n(a) confirm the refusal to grant extended leave; or\n\n(b) grant extended leave in accordance with section 162; or\n\n(c) remit the matter, with or without directions, to the court that refused to grant extended leave.\n\n(5) On an appeal against a grant of extended leave, the Court of Appeal may—\n\n(a) confirm the grant of extended leave; or\n\n(b) quash the grant and order that extended leave be refused; or\n\n(c) quash the grant and remit the matter, with or without directions, to the court that made the grant.\n\n(6) If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal.\n\n","sortOrder":197},{"sectionNumber":"164","sectionType":"section","heading":"Suspension and revocation of extended leave","content":"\t164 Suspension and revocation of extended leave\n\nS. 164(1) amended by No. 9/2023 s. 124(1).\n\n(1) Extended leave for a RTO resident granted under section 162 may be suspended at any time by the Authorised Program Officer, with the approval of the Secretary, if the Authorised Program Officer is satisfied on reasonable grounds that the safety of the person on leave or members of the public will be seriously endangered if leave is not suspended.\n\nS. 164(2) amended by No. 9/2023 s. 124(2).\n\n(2) If extended leave is suspended, the Authorised Program Officer must—\n\n(a) as soon as is practicable confirm the suspension in writing to the person formerly on leave; and\n\n(b) subject to subsection (5), within 48 hours after the suspension—\n\n(i) make an application to the court that granted the leave for revocation of the leave; or\n\n(ii) lift the suspension.\n\n(3) The court must hear an application referred to in subsection (2)(b)(i) as soon as possible.\n\n(4) On an application under subsection (2)(b)(i) the court may—\n\n(a) if satisfied on reasonable grounds that the safety of the RTO resident or members of the public will be seriously endangered if the suspension is not confirmed or leave is not revoked, revoke the leave; or\n\n(b) if not satisfied, lift the suspension.\n\nS. 164(5) substituted by No. 9/2023 s. 124(3).\n\n(5) If the Authorised Program Officer is satisfied that the reason for the suspension no longer exists and the Secretary approves lifting the suspension, the Authorised Program Officer must lift the suspension immediately.\n\n(6) A person whose leave is suspended under this section is deemed not to have leave of absence during the period of suspension.\n\n","sortOrder":198},{"sectionNumber":"165","sectionType":"section","heading":"Appeals regarding revocation of extended leave","content":"\t165 Appeals regarding revocation of extended leave\n\nS. 165(1) amended by No. 62/2014 s. 13(1).\n\n(1) A person may appeal to the Court of Appeal with leave of the Court of Appeal against a revocation of the extended leave granted to the person under section 162.\n\nS. 165(2) amended by Nos 62/2014 s. 13(2), 9/2023 s. 125.\n\n(2) The Authorised Program Officer, with the approval of the Secretary, may appeal to the Court of Appeal with leave of the Court of Appeal against a refusal to revoke extended leave granted under section 162 if the Authorised Program Officer considers that—\n\n(a) the extended leave should have been revoked; and\n\n(b) an appeal should be brought in the public interest.\n\nS. 165(3) amended by Nos 62/2014 s. 13(3), 9/2023 s. 53.\n\n(3) The Director of Public Prosecutions or the Attorney-General may appeal to the Court of Appeal with leave of the Court of Appeal against a refusal to revoke extended leave granted under section 162 if that person—\n\n(a) was a party to the proceeding for revocation of extended leave; and\n\n(b) considers that the extended leave should have been revoked; and\n\n(c) considers that an appeal should be brought in the public interest.\n\n(4) On an appeal against a revocation of extended leave, the Court of Appeal may—\n\n(a) confirm the revocation of extended leave; or\n\n(b) quash the revocation and restore the extended leave; or\n\n(c) remit the matter, with or without directions, to the court that revoked the leave.\n\n(5) On an appeal against a refusal to revoke extended leave, the Court of Appeal may—\n\n(a) confirm the refusal to revoke extended leave; or\n\n(b) revoke the extended leave in accordance with section 164(4)(a); or\n\n(c) revoke the extended leave and remit the matter, with or without directions, to the court that made the grant.\n\n(6) If the Court of Appeal remits a matter to a court under subsection (4)(c) or (5)(c), that court must hear and determine the matter in accordance with this Act and any directions given by the Court of Appeal.\n\nDivision 3—Provisions applying to security residents\n\n","sortOrder":199},{"sectionNumber":"166","sectionType":"section","heading":"Transfer of person with an intellectual disability from a prison","content":"\t166 Transfer of person with an intellectual disability from a prison\n\nS. 166(1) amended by No. 19/2019 ss 10(1), 134(1).\n\n(1) The Secretary to the Department of Justice and Community Safety may by a security order transfer a person who—\n\n(a) is lawfully imprisoned or detained in a prison or other place of confinement; and\n\n(b) is a person who has an intellectual disability—\n\nto a residential treatment facility as a security resident.\n\n(2) Subsection (1) does not apply to a person who is detained under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** in a prison whether on remand or under a supervision order.\n\nS. 166(3) amended by No. 19/2019 s. 10(2).\n\n(3) The Secretary to the Department of Justice and Community Safety must not make a security order unless—\n\nS. 166(3)(a) amended by No. 19/2019 s. 10(2).\n\n(a) the Secretary to the Department of Justice and Community Safety has received a statement that the person has an intellectual disability and a treatment plan from the Secretary; and\n\nS. 166(3)(b) amended by No. 19/2019 s. 10(2).\n\n(b) the Secretary to the Department of Justice and Community Safety is satisfied as to the matters specified in subsection (7); and\n\nS. 166(3)(c) amended by No. 19/2019 s. 134(2).\n\n(c) the Secretary has agreed to accept the person as a security resident in a residential treatment facility specified in the order.\n\nS. 166(4) amended by No. 19/2019 s. 10(3).\n\n(4) The Secretary to the Department of Justice and Community Safety may make an interim order to enable the Secretary to assess whether the person specified in the order has an intellectual disability.\n\nS. 166(5) amended by No. 19/2019 s. 134(1).\n\n(5) A person in respect of whom an interim order is made may be conveyed to and detained in a residential treatment facility for the period not exceeding 28 days specified in the order.\n\nS. 166(6) amended by No. 19/2019 s. 10(3).\n\n(6) On the application of the Secretary, the Secretary to the Department of Justice and Community Safety may extend the duration of an interim order for a further period not exceeding 28 days.\n\nS. 166(7) amended by No. 19/2019 s. 10(4).\n\n(7) The Secretary to the Department of Justice and Community Safety must be satisfied that the making of a security order is in the best interests of the person and the community having regard to—\n\n(a) whether any physical, mental or emotional risk to which the person has been or may be exposed if detained in a prison is significantly greater than the risk to which a person who does not have an intellectual disability would be exposed; and\n\nS. 166(7)(b) amended by No. 19/2019 s. 134(1).\n\n(b) whether the person would be more appropriately placed in a residential treatment facility instead of a prison; and\n\nS. 166(7)(c) amended by No. 19/2019 s. 134(1).\n\n(c) whether programs are offered by the residential treatment facility which are designed to reduce the likelihood of the person committing further criminal offences; and\n\nS. 166(7)(d) amended by No. 19/2019 s. 10(4).\n\n(d) any other matters the Secretary to the Department of Justice and Community Safety considers relevant.\n\nS. 166(8) amended by No. 19/2019 ss 10(1), 134(1).\n\n(8) If a person who is on remand is transferred to a residential treatment facility under this section, the Secretary to the Department of Justice and Community Safety must notify the Director of Public Prosecutions of the transfer.\n\n","sortOrder":200},{"sectionNumber":"167","sectionType":"section","heading":"Preparation of treatment plan","content":"\t167 Preparation of treatment plan\n\n(1) If the Secretary issues a statement that a person has an intellectual disability for the purposes of section 166, the Secretary must prepare a treatment plan in respect of that person.\n\nS. 167(1A) inserted by No. 22/2012 s. 72(1).\n\n(1A) A treatment plan must include provisions which—\n\nS. 167(1A)(a) amended by No. 19/2019 s. 135.\n\n(a) specify the treatment that will be provided to the person with an intellectual disability in the residential treatment facility during the period that the security order remains in force;\n\n(b) state the benefit to the person that the person with an intellectual disability is expected to receive from the treatment;\n\nS. 167(1A)(c) amended by No. 19/2019 s. 88(1).\n\n(c) specify any restrictive practices that are to be used;\n\nNote to s. 167(1A)(c) amended by No. 19/2019 s. 88(2).\n\nDivision 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.\n\nS. 167(1A)(d) amended by No. 19/2019 s. 135.\n\n(d) specify the process and criteria applying in respect of the person with an intellectual disability obtaining leave of absence from the residential treatment facility;\n\nS. 167(1A)(e) amended by No. 19/2019 s. 135.\n\n(e) set out a proposed process for the transition from being a resident in a residential treatment facility to living in the community.\n\nS. 167(2) amended by No. 9/2023 s. 126(1)(a).\n\n(2) Within 2 days of the treatment plan being prepared, the Secretary must—\n\n(a) give a copy of the treatment plan to the person with an intellectual disability; and\n\nS. 167(2)(aab) inserted by No. 9/2023 s. 126(1)(b).\n\n(aab) explain the treatment plan to the person with a disability in accordance with section 7; and\n\nS. 167(2)(ab) inserted by No. 22/2012 s. 72(2).\n\n(ab) explain to the person with an intellectual disability that the person can seek a review of the treatment plan by VCAT under section 169 at any time if the person wants to do so; and\n\nS. 167(2)(b) amended by Nos 22/2012 s. 72(3), 9/2023 s. 54(1).\n\n(b) lodge a copy of the treatment plan with the Senior Practitioner for approval.\n\nS. 167(2A) inserted by No. 22/2012 s. 72(4).\n\n(2A) On receiving a treatment plan under subsection (2)(b), the Senior Practitioner—\n\n(a) must consider the acceptability of the treatment plan, having regard to—\n\n(i) the provisions required to be included in a treatment plan by subsection (1A); and\n\n(ii) any law, policy or practice that the Senior Practitioner considers is relevant; and\n\n(b) may—\n\nS. 167  \n(2A)(b)(i) amended by No. 9/2023 s. 54(2).\n\n(i) if satisfied that the treatment plan is acceptable, approve the treatment plan; or\n\n(ii) direct the Authorised Program Officer to change the treatment plan; or\n\n(iii) apply to VCAT for a review of the plan under section 169.\n\nS. 167(3) amended by No. 9/2023 s. 126(2).\n\n(3) The Authorised Program Officer must provide a report on the implementation of a treatment plan to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.\n\n","sortOrder":201},{"sectionNumber":"168","sectionType":"section","heading":"Annual review of security order and treatment plan","content":"\t168 Annual review of security order and treatment plan\n\nS. 168(1) amended by No. 9/2023 s. 127.\n\n(1) While a security order is in force, the Secretary must at intervals of not more than 12 months apply to VCAT for a review of the treatment plan and the security order.\n\n(2) In conducting a review of the treatment plan and security order, VCAT must determine whether—\n\nS. 168(2)(a) amended by No. 22/2012 s. 73.\n\n(a) the treatment plan is appropriate having regard to the criteria specified in section 167(1A); and\n\n(b) the security order is appropriate having regard to the criteria specified in section 166(7).\n\n(3) After conducting a review under this section, VCAT may—\n\nS. 168(3)(c) amended by No. 9/2023 s. 127.\n\n(c) require the Secretary to prepare a new treatment plan; or\n\n(d) recommend that the security order be terminated in accordance with section 175.\n\nS. 168(4) amended by No. 19/2019 s. 136.\n\n(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.\n\n(5) VCAT can only vary a treatment plan if the variation is consistent with the security order.\n\n(6) After reviewing a treatment plan, VCAT must set a date within the next 12 months for the next review.\n\n","sortOrder":202},{"sectionNumber":"169","sectionType":"section","heading":"Application for review of treatment plan","content":"\t169 Application for review of treatment plan\n\nS. 169(1) amended by Nos 22/2012 s. 74(1), 9/2023 s. 128.\n\n(1) The Secretary, the Senior Practitioner or the security resident may at any time apply to VCAT for a review of a treatment plan.\n\nS. 169(2) amended by No. 22/2012 s. 74(2).\n\n(2) In conducting a review of a treatment plan, VCAT must determine whether the treatment plan is appropriate having regard to the criteria specified in section 167(1A).\n\nS. 169(3)(c) amended by No. 9/2023 s. 128.\n\n(c) require the Secretary to prepare a new treatment plan.\n\nS. 169(4) amended by No. 19/2019 s. 137.\n\n(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.\n\nSs 170–173 repealed by No. 19/2019 s. 138.\n\nS. 174 amended by No. 37/2014 s. 10(Sch. item 45.2), repealed by No. 19/2019 s. 138.\n\n","sortOrder":203},{"sectionNumber":"175","sectionType":"section","heading":"Termination of a security order","content":"\t175 Termination of a security order\n\n(1) A security order—\n\n(a) may be terminated by the Secretary at any time on the recommendation of VCAT; or\n\n(b) in the case of a person serving a sentence of imprisonment, terminates upon the expiry of the sentence.\n\n(2) If a security order is terminated the following provisions apply—\n\n(a) if the security resident has not completed serving a sentence of imprisonment, the person is to be transferred to a prison;\n\n(b) if the security resident has completed a sentence of imprisonment, the person is to be released.\n\nS. 175(3) amended by No. 19/2019 s. 11.\n\n(3) The Secretary to the Department of Justice and Community Safety must notify the Secretary when the sentence of imprisonment of a security resident is to expire.\n\nS. 176 amended by Nos 19/2019 ss 12, 139, 9/2023 s. 129.\n\n","sortOrder":204},{"sectionNumber":"176","sectionType":"section","heading":"Death of security resident","content":"\t176 Death of security resident\n\nIf a security resident dies during detention, the person in charge of the residential treatment facility must advise the following persons of the circumstances in which the death occurred—\n\nS. 176(a) inserted by No. 9/2023 s. 129.\n\n(a) the Secretary to the Department of Justice and Community Safety;\n\nS. 176(b) inserted by No. 9/2023 s. 129.\n\n(b) if the residential treatment facility is operated by a forensic disability service provider, the Secretary.\n\n","sortOrder":205},{"sectionNumber":"177","sectionType":"section","heading":"Request for transfer to prison","content":"\t177 Request for transfer to prison\n\nS. 177(1) amended by No. 19/2019 s. 140.\n\n(1) A security resident detained in a residential treatment facility under section 166 may at any time apply to VCAT for VCAT to make a recommendation to the Secretary that the security resident be transferred to a prison.\n\nS. 177(2) amended by No. 19/2019 s. 13.\n\n(2) If VCAT after receiving a report from the Secretary to the Department of Justice and Community Safety makes a recommendation for the transfer of a security resident to a prison, the Secretary may terminate the security order.\n\nS. 177(3) amended by No. 19/2019 s. 13.\n\n(3) If the Secretary terminates the security order under subsection (2), the person is to be discharged as a security resident upon being placed in the legal custody of the Secretary to the Department of Justice and Community Safety under the **Corrections Act 1986**.\n\nS. 178 repealed by No. 19/2019 s. 138.\n\nS. 179 (Heading) amended by No. 19/2019 s. 141(1).\n\nS. 179 amended by No. 19/2019 ss 14, 141(2).\n\n","sortOrder":206},{"sectionNumber":"179","sectionType":"section","heading":"Notice of transfer of security resident to another residential treatment facility","content":"\t179 Notice of transfer of security resident to another residential treatment facility\n\nIf a security resident is transferred to another residential treatment facility under section 161, the Secretary must notify the Secretary to the Department of Justice and Community Safety that the security resident has been transferred.\n\n","sortOrder":207},{"sectionNumber":"Div 4","sectionType":"division","heading":"Provisions applying to forensic residents","content":"Division 4—Provisions applying to forensic residents\n\n","sortOrder":208},{"sectionNumber":"180","sectionType":"section","heading":"Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997","content":"\t180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997\n\nS. 180(1) amended by No. 19/2019 ss 15, 142.\n\n(1) The Secretary to the Department of Justice and Community Safety may, by order, transfer a person who—\n\n(a) is detained in a prison whether on remand or under a supervision order under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; and\n\n(b) is a person who has an intellectual disability—\n\nto a residential treatment facility as a forensic resident.\n\nS. 180(2) amended by No. 19/2019 s. 15.\n\n(2) The Secretary to the Department of Justice and Community Safety must not transfer a person under subsection (1) unless—\n\nS. 180(2)(a) amended by No. 19/2019 s. 15.\n\n(a) the Secretary to the Department of Justice and Community Safety has received a statement that the person has an intellectual disability and a treatment plan from the Secretary; and\n\nS. 180(2)(b) amended by No. 19/2019 s. 15.\n\n(b) the Secretary to the Department of Justice and Community Safety is satisfied as to the matters specified in subsection (7); and\n\nS. 180(2)(c) amended by No. 19/2019 s. 142.\n\n(c) the Secretary has agreed to accept the person as a forensic resident in the residential treatment facility specified in the transfer order.\n\nS. 180(3) amended by No. 19/2019 s. 15.\n\n(3) The Secretary to the Department of Justice and Community Safety may make an interim order to enable the Secretary to assess whether the person specified in the order has an intellectual disability.\n\nS. 180(4) amended by No. 19/2019 s. 142.\n\n(4) A person in respect of whom an interim order is made may be conveyed to and detained in a residential treatment facility for the period, not exceeding 28 days, specified in the interim order.\n\nS. 180(5) amended by No. 19/2019 s. 15.\n\n(5) On the application of the Secretary, the Secretary to the Department of Justice and Community Safety may extend the duration of an interim order for a further period not exceeding 28 days.\n\n(6) If the Secretary issues a statement that a person has an intellectual disability under this section, the Secretary must prepare a treatment plan in respect of that person.\n\nNote to s. 180(6) inserted by No. 22/2012 s. 75, amended by No. 19/2019 s. 89.\n\nDivision 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.\n\nS. 180(7) amended by No. 19/2019 s. 15.\n\n(7) The Secretary to the Department of Justice and Community Safety must be satisfied that the making of a transfer order is in the best interests of the person or the community having regard to—\n\n(a) whether any physical, mental or emotional risk to which the person has been or may be exposed if detained in a prison is significantly greater than the risk to which a person who does not have an intellectual disability would be exposed; and\n\nS. 180(7)(b) amended by No. 19/2019 s. 142.\n\n(b) whether the person would be more appropriately placed in a residential treatment facility instead of a prison; and\n\nS. 180(7)(c) amended by No. 19/2019 s. 15.\n\n(c) any other matters the Secretary to the Department of Justice and Community Safety considers relevant.\n\nS. 180(8) amended by No. 19/2019 ss 15, 142.\n\n(8) If a person who is on remand is transferred to a residential treatment facility under this section, the Secretary to the Department of Justice and Community Safety must notify the Director of Public Prosecutions of the transfer.\n\nS. 181 amended by No. 19/2019 s. 143.\n\n","sortOrder":209},{"sectionNumber":"181","sectionType":"section","heading":"Status of forensic residents","content":"\t181 Status of forensic residents\n\nA forensic resident is to be provided with services under this Act in a residential treatment facility.\n\n","sortOrder":210},{"sectionNumber":"182","sectionType":"section","heading":"Leave of absence for forensic resident","content":"\t182 Leave of absence for forensic resident\n\nA forensic resident who is subject to a supervision order under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** may apply for and be granted leave of absence in accordance with Part 7 of that Act.\n\nPt 8 Div. 5 (Heading) amended by No. 19/2019 s. 90.\n\nDivision 5—Supervised treatment orders for implementation by disability service providers or registered NDIS providers\n\nS. 183 amended by No. 19/2019 s. 91.\n\n","sortOrder":211},{"sectionNumber":"183","sectionType":"section","heading":"Purpose of Division","content":"\t183 Purpose of Division\n\nThe purpose of this Division is to provide for the making of a civil order, a supervised treatment order, to enable the detention by a disability service provider or a registered NDIS provider of a person with an intellectual disability who poses a significant risk of serious harm to others.\n\nS. 184 repealed by No. 22/2012 s. 76,  \nnew s. 184 inserted by No. 19/2019 s. 92.\n\n","sortOrder":212},{"sectionNumber":"184","sectionType":"section","heading":"Certain disability service providers not required to comply with Division","content":"\t184 Certain disability service providers not required to comply with Division\n\n(1) A person or body that in relation to a specific person with a disability is both a disability service provider and a registered NDIS provider is not required to comply as a disability service provider with this Division in relation to that person if the person or body complies with this Division in its capacity as that person's registered NDIS provider.\n\n(2) A disability service provider is not required to comply with this Division in relation to a specific person with a disability if a registered NDIS provider (not being the same person or body as the disability service provider) is required to comply with this Division in relation to that person in the person's capacity as an NDIS participant.\n\nNote to s. 184(2) amended by No. 9/2023 s. 55.\n\nA disability service provider intending to use restrictive practices on a person who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider must comply with Division 6.\n\nS. 185 amended by No. 19/2019 s. 93, substituted by No. 9/2023 s. 56.\n\n","sortOrder":213},{"sectionNumber":"185","sectionType":"section","heading":"Provision of services to persons subject to supervised treatment order","content":"\t185 Provision of services to persons subject to supervised treatment order\n\nIf a person is subject to a supervised treatment order, only a disability service provider or a registered NDIS provider may provide disability services or services under the NDIS (as the case requires) to that person.\n\nS. 186 amended by Nos 22/2012 s. 77, 19/2019 s. 94, substituted by No. 9/2023 s. 56.\n\n","sortOrder":214},{"sectionNumber":"186","sectionType":"section","heading":"Authorised Program Officers","content":"\t186 Authorised Program Officers\n\nAn Authorised Program Officer for a primary service provider must ensure that any supervised treatment used in the provision of a disability service or services under the NDIS by the primary service provider is administered in accordance with this Division.\n\nS. 187 amended by No. 19/2019 s. 95, substituted by No. 9/2023 s. 56.\n\n","sortOrder":215},{"sectionNumber":"187","sectionType":"section","heading":"Senior Practitioner may approve accommodation for supervised treatment","content":"\t187 Senior Practitioner may approve accommodation for supervised treatment\n\n(1) The Senior Practitioner, on application by a disability service provider or a registered NDIS provider, may approve in writing  accommodation at which supervised treatment will be provided to a person under this Part.\n\n(2) An application under subsection (1) must—\n\n(a) be in the form approved by the Senior Practitioner; and\n\n(b) include any information required by the Senior Practitioner.\n\n(3) The Senior Practitioner must not approve accommodation under subsection (1) unless satisfied that—\n\n(a) the accommodation is provided by, on behalf of, or by arrangement with, the applicant; and\n\n(b) the Authorised Program Officer for the applicant has obtained, applied for or intends to apply for a supervised treatment order in respect of the person; and\n\n(c) the applicant will provide the supervised treatment to the person; and\n\n(d) the accommodation is suitable for persons to reside in for the purposes of receiving supervised treatment.\n\n(4) The Senior Practitioner at any time in writing may—\n\n(a) impose, vary or revoke a condition on the approval of accommodation; and\n\n(b) revoke the approval of accommodation.\n\n(5) The **Residential Tenancies Act 1997** does not apply in respect of accommodation approved under subsection (1).\n\nS. 188 amended by No. 19/2019 s. 96, substituted by No. 9/2023 s. 56.\n\n","sortOrder":216},{"sectionNumber":"188","sectionType":"section","heading":"Senior Practitioner must notify Public Advocate of approved accommodation","content":"\t188 Senior Practitioner must notify Public Advocate of approved accommodation\n\n(1) The Senior Practitioner, within 7 days  of approving accommodation under section 187, must notify the Public Advocate of that approval.\n\n(2) A notification under subsection (1) must include the expiry date of the approval, if any.\n\n(3) The Senior Practitioner, within 7 days of revoking an approval under section 187, must notify the Public Advocate of that revocation.\n\nS. 189 amended by No. 19/2019 s. 97, substituted by No. 9/2023 s. 56.\n\n","sortOrder":217},{"sectionNumber":"189","sectionType":"section","heading":"Treatment plans","content":"\t189 Treatment plans\n\n(1) A treatment plan prepared by or on behalf of an applicant for the purposes of an application under section 191(1) must include provisions that—\n\n(a) specify the treatment that will be provided to the person during the period of the supervised treatment order; and\n\n(b) state the expected benefit to the person of the treatment; and\n\n(c) specify any restrictive practices to be used; and\n\nDivision 6 contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.\n\n(d) set out the details of each disability service provider and registered NDIS provider that will be providing services to the person and the nature of those services; and\n\n(e) state the level of supervision which will be required to ensure that the person participates in the treatment; and\n\n(f) set out a proposed process for the transition of the person to lower levels of supervision and, if appropriate, to living in the community without a supervised treatment order being required.\n\n(2) A treatment plan prepared under this section for an NDIS participant by or on behalf of the Authorised Program Officer for a registered NDIS provider—\n\n(a) must be prepared in accordance with the requirements of—\n\n(i) this Part; and\n\n(ii) the NDIS (Restrictive Practices and Behaviour Support) Rules; and\n\n(b) is taken to be the NDIS participant's NDIS behaviour support plan.\n\nS. 190 amended by No. 19/2019 s. 98, substituted by No. 9/2023 s. 56.\n\n","sortOrder":218},{"sectionNumber":"190","sectionType":"section","heading":"Authorised Program Officer must give treatment plan to person","content":"\t190 Authorised Program Officer must give treatment plan to person\n\n(a) a treatment plan has been prepared under section 189; and\n\n(b) that treatment plan has been approved by the Senior Practitioner.\n\n(2) Before applying for a supervised treatment order under section 191(1) in respect of a person, the Authorised Program Officer for a primary service provider must ensure that the treatment plan—\n\n(a) is explained to that person and the person's guardian (if any) in accordance with section 7; and\n\n(b) is given to that person and the person's guardian (if any).\n\nS. 190A inserted by No. 19/2019 s. 99, repealed by No. 9/2023 s. 56.\n\nS. 191 amended by Nos 22/2012 s. 78, 19/2019 s. 100, substituted by No. 9/2023 s. 56.\n\n","sortOrder":219},{"sectionNumber":"191","sectionType":"section","heading":"Application for supervised treatment order","content":"\t191 Application for supervised treatment order\n\n(1) The Authorised Program Officer for a primary service provider may apply to VCAT for a supervised treatment order to be made in respect of a person (including an NDIS participant) if—\n\n(a) the person has an intellectual disability; and\n\n(b) the person is residing in—\n\n(i) a residential service; or\n\nS. 191(1)(b)(ii) amended by No. 9/2023 s. 95.\n\n(ii) an SDA dwelling as an SDA resident under an SDA residency agreement; or\n\n(iii) accommodation approved by the Senior Practitioner under section 187; and\n\n(c) the Senior Practitioner has approved a treatment plan prepared under section 189 by or on behalf of the applicant; and\n\n(d) the Authorised Program Officer considers that the person meets the criteria in section 193(1A).\n\n(2) The Senior Practitioner may direct the Authorised Program Officer for a primary service provider to make an application under subsection (1) in respect of a person if the Senior Practitioner considers that the person—\n\n(a) has an intellectual disability; and\n\n(b) is residing in accommodation of a type specified in subsection (1)(b); and\n\n(c) is being detained to prevent a significant risk of serious harm to another person without a supervised treatment order applying.\n\nS. 191A inserted by No. 9/2023 s. 56.\n\n","sortOrder":220},{"sectionNumber":"191A","sectionType":"section","heading":"Information to be included in application for supervised treatment order","content":"\t191A Information to be included in application for supervised treatment order\n\n(1) An application under section 191(1) must include—\n\n(a) a certificate given by the Senior Practitioner which specifies that the person in respect of whom the application is made—\n\n(i) has an intellectual disability; and\n\n(ii) is residing in accommodation of a type specified in section 191(1)(b); and\n\n(iii) poses a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means than a supervised treatment order; and\n\n(iv) has a treatment plan that has been approved by the Senior Practitioner; and\n\n(b) any risk assessment reviewed by the Senior Practitioner to inform the matters specified in paragraph (a)(iii).\n\n(2) If an application under section 191(1) is made in respect of a person who is residing in accommodation specified in section 191(1)(b)(iii), the application must include a copy of the written approval given by the Senior Practitioner under section 187.\n\n(3) An application under section 191(1) may include any information informing—\n\n(a) the treatment plan of the person in respect of whom the application is made; or\n\n(b) any risk assessment referred to in subsection (1)(b).\n\n(4) VCAT, in a proceeding relating to an application under section 191(1), may order the applicant or the Senior Practitioner—\n\n(a) to produce the information described in subsection (3); and\n\n(b) to arrange additional assessments of the person in respect of whom the application for a supervised treatment order is made (except an assessment as to whether or not the person has an intellectual disability); and\n\n(c) to produce a report of the assessments referred to in paragraph (b).\n\nS. 191B inserted by No. 9/2023 s. 56.\n\n","sortOrder":221},{"sectionNumber":"191B","sectionType":"section","heading":"Senior Practitioner must notify NDIS Commissioner if certificate issued","content":"\t191B Senior Practitioner must notify NDIS Commissioner if certificate issued\n\nThe Senior Practitioner must give written notice to the NDIS Commissioner that a certificate referred to in section 191A(1)(a) has been given by the Senior Practitioner in relation to an NDIS participant.\n\nS. 191C inserted by No. 9/2023 s. 56.\n\n","sortOrder":222},{"sectionNumber":"191C","sectionType":"section","heading":"Notification of application and parties to proceeding","content":"\t191C Notification of application and parties to proceeding\n\n(1) The applicant must notify the following persons of an application under section 191(1)—\n\n(a) the person in respect of whom the supervised treatment order is proposed to be made;\n\n(b) the Senior Practitioner;\n\n(c) the Public Advocate.\n\n(2) The person in respect of whom the supervised treatment order is proposed to be made is a party to a proceeding relating to an application under section 191(1).\n\n(3) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under section 191(1).\n\n(4) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under section 191(1).\n\n(5) If a person is joined as a party under subsection (3) or (4), that person is a party to a proceeding relating to any other application under section 191(1) concerning the person in respect of whom the supervised treatment order is proposed to be made.\n\nS. 192 (Heading) substituted by No. 19/2019 s. 101, amended by No. 9/2023 s. 57.\n\n","sortOrder":223},{"sectionNumber":"192","sectionType":"section","heading":"Authorised Program Officer may request interim supervised treatment order","content":"\t192 Authorised Program Officer may request interim supervised treatment order\n\n(1) If an application for a supervised treatment order has been made under section 191, VCAT may at the request of the Authorised Program Officer make an interim supervised treatment order having effect until the application for a supervised treatment order is determined.\n\n(2) VCAT can only make an interim supervised treatment order if VCAT is satisfied that it is necessary to detain the person to ensure compliance with the treatment plan and prevent a significant risk of serious harm to another person until the application for a supervised treatment order is determined.\n\nS. 193 (Heading) amended by No. 19/2019 s. 102(1).\n\n","sortOrder":224},{"sectionNumber":"193","sectionType":"section","heading":"Supervised treatment order for persons with a disability and NDIS participants","content":"\t193 Supervised treatment order for persons with a disability and NDIS participants\n\n(1) On an application under section 191, VCAT may—\n\nS. 193(1)(a) amended by Nos 19/2019 s. 102(2)(a), 9/2023 s. 58(1).\n\n(a) if it is satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application, make a supervised treatment order; or\n\nS. 193(1)(b) amended by Nos 19/2019 s. 102(2)(b), 9/2023 s. 58(1).\n\n(b) subject to subsection (2) or (2A), if it is satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application but considers that the treatment plan should be varied, make a supervised treatment order subject to the treatment plan being varied as specified by VCAT; or\n\nS. 193(1)(c) amended by Nos 19/2019 s. 102(2)(c), 9/2023 s. 58(1).\n\n(c) if it is not satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application, dismiss the application.\n\nS. 193(1A) inserted by No. 9/2023 s. 58(2).\n\n(1A) VCAT may only make a supervised treatment order if VCAT is satisfied that—\n\n(a) the person has previously exhibited a pattern of violent or dangerous behaviour causing serious harm to another person or exposing another person to a significant risk of serious harm; and\n\n(b) there is a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means; and\n\n(c) the services to be provided to the person in accordance with the treatment plan will be of benefit to the person and substantially reduce the significant risk of serious harm to another person; and\n\n(d) the person is unable or unwilling to consent to voluntarily complying with a treatment plan to substantially reduce the significant risk of serious harm to another person; and\n\n(e) it is necessary to detain the person to ensure compliance with the treatment plan and prevent a significant risk of serious harm to another person.\n\nS. 193(2) amended by No. 19/2019 s. 102(3).\n\n(2) VCAT must not make a supervised treatment order under subsection (1)(b) unless VCAT is satisfied that the disability service provider or registered NDIS provider, as the case requires, can implement the supervised treatment order and the variation of the treatment plan.\n\nS. 193(2A) inserted by No. 19/2019 s. 102(4), substituted by No. 9/2023 s. 58(3).\n\n(2A) On an application under section 191(1) in respect of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, VCAT must not specify that the treatment plan of the NDIS participant be varied—\n\n(a) with respect to any regulated restrictive practices; or\n\n(b) in such a manner that the treatment plan would not be able to be implemented.\n\nS. 193(2B) inserted by No. 9/20223 s. 58(3).\n\n(2B) In deciding whether to make a supervised treatment order, VCAT may consider any relevant information including—\n\n(a) the information described in section 191A(3); and\n\n(b) any assessment report produced under section 191A(4); and\n\n(c) any relevant information obtained in an earlier proceeding relating to the person in respect of whom the supervised treatment order is proposed to be made.\n\n(3) A supervised treatment order must—\n\nS. 193(3)(a) amended by No. 9/2023 s. 58(4)(a).\n\n(a) state that the Authorised Program Officer for the primary service provider is responsible for the implementation of the supervised treatment order;\n\nS. 193(3)(b) substituted by Nos 19/2019 s. 102(5), 9/2023 s. 58(4)(b).\n\n(b) require the person to whom the supervised treatment order applies to reside in accommodation—\n\n(i) of the type specified in the certificate referred to in section 191A(1)(a); or\n\n(ii) of a type specified in section 191(1)(b) and approved in writing  by the Senior Practitioner;\n\n(c) refer to the treatment plan which must be attached to the supervised treatment order;\n\n(d) specify the period for which the supervised treatment order is to continue in force, being a period not exceeding 1 year.\n\n(4) A supervised treatment order may—\n\n(a) specify conditions to which the person is subject;\n\n(b) require the person to participate in treatment specified in the treatment plan or in treatment specified in the supervised treatment order;\n\n(c) state the intervals at which the supervised treatment order is to be reviewed.\n\n(5) Subsection (3)(d) does not prevent the making of another supervised treatment order before the expiry of the current supervised treatment order.\n\n(6) There is no limit on the number of applications that can be made for a supervised treatment order.\n\n","sortOrder":225},{"sectionNumber":"194","sectionType":"section","heading":"Application by the Public Advocate","content":"\t194 Application by the Public Advocate\n\n(1) If—\n\nS. 194(1)(a) amended by No. 9/2023 s. 59(1).\n\n(a) the Authorised Program Officer for a primary service provider has not made an application under section 191 for a supervised treatment order to be made in respect of a person; and\n\n(b) the Public Advocate considers that the person is being detained to prevent a significant risk of serious harm to another person without a supervised treatment order applying—\n\nthe Public Advocate may apply to VCAT for an order directing the Authorised Program Officer to make an application under section 191 in respect of that person.\n\nS. 194(1A) inserted by No. 9/2023 s. 59(2).\n\n(1A) The Public Advocate must notify the Senior Practitioner of an application under subsection (1).\n\nS. 194(1B) inserted by No. 9/2023 s. 59(2).\n\n(1B) The following persons are parties to a proceeding relating to an application under subsection (1)—\n\n(a) the person in respect of whom the supervised treatment order is proposed to be made;\n\nS. 194(1C) inserted by No. 9/2023 s. 59(2).\n\n(1C) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).\n\n(2) If on an application under subsection (1) VCAT considers that the matters referred to in subsection (1)(b) may be satisfied, VCAT may make an order directing that—\n\n(a) the Authorised Program Officer make an application under section 191 within 28 days of the date that the order is made; and\n\n(b) the Public Advocate is to be a party to the application.\n\nS. 194A inserted by No. 9/2023 s. 60.\n\n","sortOrder":226},{"sectionNumber":"194A","sectionType":"section","heading":"Responsibilities of Authorised Program Officers for primary service providers","content":"\t194A Responsibilities of Authorised Program Officers for primary service providers\n\n(1) The Authorised Program Officer for a primary service provider must notify each disability service provider or registered NDIS provider specified in a treatment plan under a supervised treatment order for which the Authorised Program Officer is responsible of the conditions and requirements of the supervised treatment order.\n\n(2) Notification under subsection (1) must be given—\n\n(a) as soon as practicable after the supervised treatment order is made; or\n\n(b) if the provider was not providing services to the person subject to the supervised treatment order before the order was made, before the provider commences providing services to the person.\n\n(3) The Authorised Program Officer must notify the Senior Practitioner as soon as practicable after becoming aware that a disability service provider or a registered NDIS provider referred to in subsection (1) is—\n\n(a) not complying with a condition of the supervised treatment order; or\n\n(b) allowing the person who is subject to the supervised treatment order to contravene the order.\n\nS. 194B inserted by No. 9/2023 s. 60.\n\n","sortOrder":227},{"sectionNumber":"194B","sectionType":"section","heading":"Responsibilities of disability service providers and registered NDIS providers","content":"\t194B Responsibilities of disability service providers and registered NDIS providers\n\n(1) A disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must take reasonable steps to ensure that the provider does not cause the person who is subject to the supervised treatment order to contravene that order.\n\n(2) A disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must notify the Senior Practitioner and the primary service provider as soon as practicable after becoming aware that the person who is subject to the supervised treatment order has contravened a condition of the order.\n\n(3) A notification under subsection (2) may be given orally.\n\n**Notes**\n\n1 Division 6 also contains obligations for providers using restrictive practices on persons who are subject to supervised treatment orders.\n\n2 See Part 6A for the requirement to appoint an Authorised Program Officer.\n\nS. 194C inserted by No. 9/2023 s. 60.\n\n","sortOrder":228},{"sectionNumber":"194C","sectionType":"section","heading":"Authorised Program Officer responsible for implementing treatment plan","content":"\t194C Authorised Program Officer responsible for implementing treatment plan\n\nAn Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan under a supervised treatment order (other than the primary service provider) must ensure that the provider implements any part of the treatment plan that concerns the provision of services by that provider.\n\n","sortOrder":229},{"sectionNumber":"195","sectionType":"section","heading":"Supervision of supervised treatment order","content":"\t195 Supervision of supervised treatment order\n\n(1) The Senior Practitioner is responsible for supervising the implementation of a supervised treatment order.\n\nS. 195(2) amended by No. 9/2023 s. 61(1).\n\n(2) An Authorised Program Officer for a primary service provider must provide a report on the implementation of a supervised treatment order to the Senior Practitioner at the intervals, not exceeding 6 months, specified by the Senior Practitioner.\n\nS. 195(2A) inserted by No. 9/2023 s. 61(2).\n\n(2A) If requested to do so by the Senior Practitioner, an Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan (other than a primary service provider) must report on the implementation of the treatment plan at intervals specified by the Senior Practitioner.\n\nS. 195(2B) inserted by No. 9/2023 s. 61(2).\n\n(2B) An Authorised Program Officer for a disability service provider or a registered NDIS provider specified in a treatment plan must report on the use of restrictive practices on the person who is subject to the treatment plan at intervals, not exceeding 6 months, specified by the Senior Practitioner.\n\nS. 195(3) amended by No. 19/2019 s. 103(1).\n\n(3) Subject to subsection (4) or (5A), a material change cannot be made to a treatment plan unless the change is approved by the Senior Practitioner.\n\nS. 195(4) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(3).\n\n(4) Unless subsection (5), (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—\n\n(a) the Senior Practitioner must not approve the change; and\n\n(b) the Authorised Program Officer must apply to VCAT for a variation of the treatment plan under section 196.\n\nS. 195(5) substituted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(4).\n\n(5) Despite subsection (4) and unless subsection (5A) or (5B) applies, in the case of a person with a disability who is subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider, if the Senior Practitioner considers that an increase in the supervision or restriction of the person is necessary because of an emergency, the Senior Practitioner—\n\n(a) may approve a material change to the person's treatment plan relating to the increase in the level of supervision or restriction; and\n\n(b) must, as soon as practicable, apply to VCAT for a variation of the treatment plan under section 196.\n\nS. 195(5A) inserted by No. 19/2019 s. 103(2), substituted by No. 9/2023 s. 61(5).\n\n(5A) Despite subsection (5) and unless subsection (5B) applies, in the case of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, if a material change to a treatment plan relates to an increase in the level of supervision or restriction—\n\n(a) the Senior Practitioner must not approve the change; and\n\n(b) the Authorised Program Officer must apply to VCAT for—\n\n(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan and does not relate to a regulated restrictive practice; or\n\n(ii) a review of the supervised treatment order under section 196, if, following a review of the NDIS participant's treatment plan, a material change is made to that plan relating to the use of a regulated restrictive practice.\n\nS. 195(5B) inserted by No. 19/2019 s. 103(2), amended by No. 9/2023 s. 61(6)(a)(b).\n\n(5B) Despite subsection (5) and (5A), in the case of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, if the Senior Practitioner considers that an increase in the supervision or restriction of the NDIS participant is necessary because of an emergency, the Senior Practitioner—\n\nS. 195(5B)(a) amended by No. 9/2023 s. 61(6)(c).\n\n(a) may approve a material change to the NDIS participant's treatment plan relating to the increase in the level of supervision or restriction; and\n\n(b) must, as soon as practicable, apply to VCAT for—\n\n(i) a variation of the treatment plan under section 196, if the proposed variation is to the treatment plan and does not relate to a regulated restrictive practice; or\n\nS. 195  \n(5B)(b)(ii) amended by No. 9/2023 s. 61(6)(d).\n\n(ii) a review of the supervised treatment order under section 196, if, following a review of the NDIS participant's treatment plan, a material change is made to that plan relating to the use of a regulated restrictive practice.\n\nS. 195(5C) inserted by No. 9/2023 s. 61(7).\n\n(5C) A change to the specified disability service providers and registered NDIS providers (other than the primary service provider) in a treatment plan may be made with the approval of the Senior Practitioner.\n\n(6) The Senior Practitioner must, as soon as is practicable before the change has effect, notify in writing the person who is subject to the supervised treatment order of the change to the treatment plan approved by the Senior Practitioner.\n\nS. 195(7) inserted by No. 9/2023 s. 61(8).\n\n(7) For the avoidance of doubt, any disability service provider or registered NDIS provider providing disability services or services under the NDIS to the person who is subject to the treatment plan may make a request to the Senior Practitioner to make a material change to that treatment plan.\n\n","sortOrder":230},{"sectionNumber":"196","sectionType":"section","heading":"Application for review, variation or revocation","content":"\t196 Application for review, variation or revocation\n\nS. 196(1) amended by No. 9/2023 s. 62(1)(a).\n\n(1) The Senior Practitioner, the Authorised Program Officer for a primary service provider or the person subject to a supervised treatment order may apply to VCAT—\n\n(a) for a review of the supervised treatment order or the treatment plan;\n\nS. 196(1)(b) amended by No. 19/2019 s. 104(1), substituted by No. 9/2023 s. 62(1)(b).\n\n(b) except as provided under subsection (2), to vary the supervised treatment order or the treatment plan;\n\n(c) to have the supervised treatment order revoked.\n\nS. 196(2) substituted by No. 9/2023 s. 62(2).\n\n(2) An application may not be made under subsection (1)(b) if—\n\n(a) the person who is subject to the supervised treatment order is an NDIS participant; and\n\n(b) the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan; and\n\n(c) a registered NDIS provider will administer the restrictive practices; and\n\n(d) the proposed variation—\n\n(i) includes any regulated restrictive practices; or\n\n(ii) would result in the treatment plan being unable to be implemented.\n\n(3) If the Public Advocate considers that a supervised treatment order should be reviewed by VCAT, the Public Advocate may request the Senior Practitioner to make an application under subsection (1).\n\n(4) If the Senior Practitioner declines to make an application under subsection (1) requested by the Public Advocate, the Public Advocate may make an application under subsection (1).\n\nS. 196(4A) inserted by No. 9/2023 s. 62(3).\n\n(4A) The applicant under subsection (1) must notify the following persons of the application (unless the person to be notified is a party to the proceeding)—\n\n(b) the Public Advocate.\n\nS. 196(4B) inserted by No. 9/2023 s. 62(3).\n\n(4B) The following persons are parties to a proceeding relating to an application under subsection (1)—\n\nS. 196(4C) inserted by No. 9/2023 s. 62(3).\n\n(4C) If the Senior Practitioner was a party to a proceeding under section 191 or 194 in relation to the person who is subject to the supervised treatment order, the Senior Practitioner is a party to a proceeding relating to an application under subsection (1).\n\nS. 196(4D) inserted by No. 9/2023 s. 62(3).\n\n(4D) If the Public Advocate was a party to a proceeding under section 191 or 194 in relation to the person who is subject to the supervised treatment order, the Public Advocate is a party to a proceeding relating to an application under subsection (1).\n\nS. 196(4E) inserted by No. 9/2023 s. 62(3).\n\n(4E) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).\n\nS. 196(4F) inserted by No. 9/2023 s. 62(3).\n\n(4F) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under subsection (1).\n\n(5) On an application under subsection (1)(a) for a review of the supervised treatment order or the treatment plan, VCAT may—\n\nS. 196(5)(a) amended by Nos 19/2019 s. 104(2), 9/2023 s. 62(4)(a)(i).\n\n(a) if VCAT is satisfied that the matters specified in sections 191(1)(a) to (c) and 193(1A) continue to apply—\n\n(i) confirm the supervised treatment order or treatment plan; or\n\nS. 196(5)(a)(ii) amended by No. 19/2019 s. 104(3), substituted by No. 9/2023 s. 62(4)(a)(ii).\n\n(ii) confirm the supervised treatment order or treatment plan subject to any variation that VCAT considers appropriate, unless—\n\n(A) the supervised treatment order is for an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider; and\n\n(B) the treatment plan is to be used as the NDIS participant's NDIS behaviour support plan; and\n\n(C) the proposed variation relates to any regulated restrictive practices or would result in the NDIS participant's treatment plan being unable to be implemented; or\n\nS. 196(5)(b) amended by Nos 19/2019 s. 104(2), 9/2023 s. 62(4)(b).\n\n(b) if VCAT is not satisfied that the matters specified in sections 191(1)(a) to (c) and 193(1A) continue to apply, revoke the supervised treatment order.\n\n(6) On an application under subsection (1)(b) to vary the supervised treatment order or the treatment plan, VCAT may—\n\n(a) if VCAT is satisfied that the variation is appropriate—\n\n(i) subject to subsection (7), confirm the variation to the supervised treatment order or treatment plan; or\n\n(ii) subject to subsection (7), confirm the variation to the supervised treatment order or treatment plan subject to any further variation that VCAT considers appropriate; or\n\n(b) if VCAT is not satisfied that the variation is appropriate reject the application.\n\nS. 196(7) substituted by No. 19/2019 s. 104(4).\n\n(7) VCAT must not confirm the variation of a supervised treatment order or treatment plan under subsection (6)(a) unless VCAT is satisfied that—\n\n(a) the disability service provider or registered NDIS provider, as the case requires, can implement the variation of the supervised treatment order or the treatment plan; and\n\nS. 196(7)(b) substituted by No. 9/2023 s. 62(5).\n\n(b) if the supervised treatment order is for an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider and the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan, the proposed variation—\n\n(i) does not relate to any regulated restrictive practices; and\n\n(ii) would not result in the NDIS participant's treatment plan being unable to be implemented; and\n\nS. 196(7)(c) inserted by No. 9/2023 s. 62(5).\n\n(c) if the proposed variation is to change the primary service provider stated in the supervised treatment order, the proposed new primary service provider satisfies the requirements in section 3C(1) or (2).\n\n(8) On an application under subsection (1)(c) for the supervised treatment order to be revoked, VCAT may—\n\nS. 196(8)(a) amended by Nos 19/2019 s. 104(2), 9/2023 s. 62(6).\n\n(a) if VCAT is satisfied that any of the matters specified in sections 191(1)(a) to (c) and 193(1A) have ceased to apply, revoke the supervised treatment order; or\n\nS. 196(8)(b) amended by Nos 19/2019 s. 104(2), 9/2023 s. 62(6).\n\n(b) if VCAT is satisfied that the matters specified in sections 191(1)(a) to (c) and 193(1A) continue to apply—\n\n(i) subject to subsection (9), confirm the supervised treatment order; or\n\n(ii) subject to subsection (9), confirm the supervised treatment order subject to any variation that VCAT considers appropriate.\n\nS. 196(9) substituted by No. 19/2019 s. 104(5).\n\n(9) VCAT must not confirm a supervised treatment order under subsection (8)(b) unless VCAT is satisfied that—\n\nS. 196(9)(a) amended by No. 9/2023 s. 62(7)(a).\n\n(a) the disability service provider or registered NDIS provider, as the case requires, can implement the supervised treatment order or variation; and\n\nS. 196(9)(b) substituted by No. 9/2023 s. 62(7)(b).\n\n(b) if the supervised treatment order is for an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider and the treatment plan is also to be used as the NDIS participant's NDIS behaviour support plan, any variation—\n\n(i) does not relate to any regulated restrictive practices; and\n\n(ii) would not result in the NDIS participant's treatment plan being unable to be implemented.\n\nS. 196A inserted by No. 22/2012 s. 79, amended by No. 19/2019 s. 105, substituted by No. 9/2023 s. 63.\n\n","sortOrder":231},{"sectionNumber":"196A","sectionType":"section","heading":"Process concerning expiry of supervised treatment order","content":"\t196A Process concerning expiry of supervised treatment order\n\n(1) The Authorised Program Officer for the primary service provider of a person who is subject to a supervised treatment order must notify the persons specified in subsection (2) not less than 60 days before the expiry of that supervised treatment order of the following matters—\n\n(a) the expiry date of the supervised treatment order;\n\n(b) whether the Authorised Program Officer intends to apply under section 191(1) for another supervised treatment order to be made in respect of the person who is subject to the supervised treatment order;\n\n(c) if the Authorised Program Officer is not eligible to apply for another supervised treatment order because the disability service provider or registered NDIS provider that appointed them will not be the primary service provider for the purposes of an application under section 191(1), whether the Authorised Program Officer considers that a supervised treatment order is necessary.\n\n(2) The persons to be notified under subsection (1) are the following—\n\n(b) the Public Advocate;\n\n(c) the Senior Practitioner;\n\n(d) any disability service provider or registered NDIS provider specified in the treatment plan under the supervised treatment order.\n\n(3) The Senior Practitioner may direct the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Senior Practitioner considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.\n\n(4) The Public Advocate may apply to VCAT for an order directing the Authorised Program Officer of a primary service provider to make an application under section 191(1) in respect of a person if the Public Advocate considers that a supervised treatment order in respect of the person continues to be required to prevent a significant risk of serious harm to another person.\n\n(5) The Public Advocate must notify the Senior Practitioner of an application under subsection (4).\n\n(6) The following persons are parties to a proceeding relating to an application under subsection (4)—\n\n(a) the person in respect of whom the further supervised treatment order is proposed to be made;\n\n(7) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (4).\n\n(8) If on an application under subsection (4) VCAT considers that the matters referred to in that subsection are satisfied, VCAT may make an order directing that—\n\n(a) the Authorised Program Officer for the primary service provider make an application under section 191(1) within 28 days of the date that the order is made or before the current supervised treatment order expires (whichever is earlier); and\n\n(b) the Public Advocate is to be a party to the application.\n\nS. 196B inserted by No. 19/2019 s. 106.\n\n","sortOrder":232},{"sectionNumber":"196B","sectionType":"section","heading":"Senior Practitioner to notify NDIS Commissioner about certain matters","content":"\t196B Senior Practitioner to notify NDIS Commissioner about certain matters\n\nThe Senior Practitioner must give written notice to the NDIS Commissioner if one or more of the following occurs in relation to an NDIS participant subject to a supervised treatment order or interim supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider—\n\n(a) VCAT makes an interim supervised treatment order or a supervised treatment order;\n\n(b) the Senior Practitioner approves a material change made to a treatment plan under section 195(3), (5) or (5B);\n\n(c) VCAT confirms a variation to a treatment plan under section 196 that involves a material change of a kind referred to in section 195;\n\n(d) the supervised treatment order is varied or revoked under section 196 or expires.\n\n","sortOrder":233},{"sectionNumber":"197","sectionType":"section","heading":"Application for rehearing","content":"\t197 Application for rehearing\n\nS. 197(1) amended by No. 9/2023 s. 64(1).\n\n(1) If VCAT has determined an application under this Division, the Senior Practitioner, the Authorised Program Officer for the primary service provider or the person subject to the supervised treatment order may apply to VCAT for a rehearing of the application.\n\n(2) An application for a rehearing, or for leave to apply for a rehearing, must be made within 28 days after the day on which VCAT made the determination.\n\n(3) If VCAT gives oral reasons for making an order and a person then requests written reasons under section 117 of the **Victorian Civil and Administrative Tribunal Act 1998**, the day on which the written reasons are given to the person is deemed to be the day on which VCAT made the determination for the purposes of subsection (2).\n\n(4) Subject to subsection (5), the making of an application for a rehearing does not affect the operation of any supervised treatment order to which the application relates or prevent the taking of action to enforce the supervised treatment order.\n\n(5) VCAT may make an order staying the operation of a supervised treatment order pending the determination of the rehearing of the application.\n\nS. 197(6) inserted by No. 9/2023 s. 64(2).\n\n(6) The applicant under subsection (1) must notify the following persons of the application (unless the person to be notified is a party to the proceeding)—\n\n(b) the Public Advocate.\n\nS. 197(7) inserted by No. 9/2023 s. 64(2).\n\n(7) The following persons are parties to a proceeding relating to an application under subsection (1)—\n\n(b) the Authorised Program Officer for the person's primary service provider;\n\n(c) the Senior Practitioner, if the Senior Practitioner was a party to the proceeding for which the application for a rehearing relates;\n\n(d) the Public Advocate, if the Public Advocate was a party to the proceeding for which the application for a rehearing relates.\n\nS. 197(8) inserted by No. 9/2023 s. 64(2).\n\n(8) On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).\n\nS. 197(9) inserted by No. 9/2023 s. 64(2).\n\n(9) On the application of the Public Advocate, VCAT must join the Public Advocate as a party to a proceeding relating to an application under subsection (1).\n\n","sortOrder":234},{"sectionNumber":"198","sectionType":"section","heading":"Rehearing","content":"\t198 Rehearing\n\n(1) On an application under section 197, VCAT must rehear the matter and, for that purpose, VCAT has all the functions and powers that VCAT had with respect to the matter at first instance.\n\n(2) In determining a rehearing, VCAT may—\n\n(a) affirm the determination of VCAT at first instance; or\n\n(b) vary the determination of VCAT at first instance; or\n\n(c) set aside the determination of VCAT at first instance and make another determination in substitution for it.\n\n","sortOrder":235},{"sectionNumber":"199","sectionType":"section","heading":"Senior Practitioner may make assessment order","content":"\t199 Senior Practitioner may make assessment order\n\nS. 199(1) amended by No. 9/2023 s. 65(1).\n\n(1) An Authorised Program Officer for a primary service provider may apply to the Senior Practitioner for an assessment order to be made in respect of a person to enable a treatment plan to be prepared for that person.\n\n(2) An Authorised Program Officer may only make an application under subsection (1) in respect of a person if the Authorised Program Officer considers that—\n\n(a) the person has an intellectual disability;\n\nS. 199(2)(b) amended by No. 19/2019 s. 107, substituted by No. 9/2023 s. 65(2).\n\n(b) the person is residing in accommodation of a type specified in section 191(1)(b);\n\n(c) it is necessary to detain the person to prevent a significant and imminent risk of serious harm to another person;\n\n(d) an assessment needs to be undertaken to enable the urgent development of a treatment plan for the purpose of making an application for a supervised treatment order.\n\n(3) The Senior Practitioner can only make an assessment order if the Senior Practitioner is satisfied that the criteria specified in subsection (2) applies.\n\n(4) An assessment order—\n\n(a) may specify conditions to which the person is subject;\n\n(b) continues in force for the period not exceeding 28 days specified in the assessment order;\n\n(c) can not be extended or renewed.\n\nS. 199(4A) inserted by No. 22/2012 s. 80.\n\n(4A) The Senior Practitioner must within 72 hours of making an assessment order—\n\n(a) give the person in respect of whom the order is made a written statement explaining why the Senior Practitioner is satisfied that the criteria in subsection (2) apply; and\n\n(b) notify the person in respect of whom the order is made that the person may apply to VCAT for a review of the decision to make the order; and\n\n(c) notify the Public Advocate that the assessment order has been made.\n\n(5) On the expiry of an assessment order, the Authorised Program Officer must—\n\n(a) make an application to VCAT for a supervised treatment order; or\n\n(b) cease the detention of the person who was subject to the assessment order.\n\n(6) Only one application can be made under this section in respect of any person.\n\nS. 199A inserted by No. 22/2012 s. 81.\n\n","sortOrder":236},{"sectionNumber":"199A","sectionType":"section","heading":"Application for review of assessment order","content":"\t199A Application for review of assessment order\n\n(1) A person in respect of whom an assessment order has been made may apply to VCAT for a review of the decision by the Senior Practitioner to make the assessment order.\n\n(2) On an application under subsection (1), VCAT may—\n\n(a) confirm the decision to make the assessment order and dismiss the application; or\n\n(b) vary the conditions or period of the assessment order; or\n\n(c) revoke the assessment order.\n\nS. 199B inserted by No. 19/2019 s. 108.\n\n","sortOrder":237},{"sectionNumber":"199B","sectionType":"section","heading":"Senior Practitioner to notify NDIS Commissioner about assessment orders","content":"\t199B Senior Practitioner to notify NDIS Commissioner about assessment orders\n\nThe Senior Practitioner must give written notice to the NDIS Commissioner if one of the following occurs in relation to an NDIS participant—\n\n(a) an assessment order is made under section 199;\n\n(b) an assessment order is revoked under section 199A.\n\nS. 200 amended by No. 13/2019 s. 221(Sch. 1 item 12.4).\n\n","sortOrder":238},{"sectionNumber":"200","sectionType":"section","heading":"Supervised treatment order to prevail over guardianship order","content":"\t200 Supervised treatment order to prevail over guardianship order\n\nIf a person who is subject to a supervised treatment order is a represented person in relation to whom a guardianship order under the **Guardianship and Administration Act 2019** has effect, the supervised treatment order prevails over the guardianship order to the extent of any inconsistency.\n\n","sortOrder":239},{"sectionNumber":"201","sectionType":"section","heading":"Apprehension of person subject to a supervised treatment order absent without approval","content":"\t201 Apprehension of person subject to a supervised treatment order absent without approval\n\nS. 201(1) amended by Nos 37/2014 s. 10 (Sch. item 45.2), 19/2019 s. 109(1), substituted by No. 9/2023 s. 66(1).\n\n(1) A person who is subject to a supervised treatment order who is absent without approval from the accommodation that the person is required to reside in under the order may be apprehended at any time for the purpose of being returned to that accommodation by—\n\n(a) a police officer; or\n\n(b) the person in charge of the disability service provider providing disability services at the accommodation; or\n\n(c) the person in charge of the registered NDIS provider providing daily independent living supports at the accommodation; or\n\n(d) a person who—\n\n(i) is employed or engaged by, or who is providing disability services or services under the NDIS at the accommodation for or on behalf of, the disability service provider or registered NDIS provider referred to in paragraph (b) or (c); and\n\n(ii) is authorised by the person in charge of the disability service provider or registered NDIS provider to apprehend persons subject to supervised treatment orders in the course of their duties.\n\nS. 201(2) amended by Nos 19/2019 s. 109(2), 9/2023 s. 66(2)(a).\n\n(2) For the purposes of subsection (1), a person who is subject to a supervised treatment order is absent without approval from the accommodation at which the person is required to reside if—\n\n(a) the absence is contrary to the conditions specified in the supervised treatment order; or\n\n(b) the absence is in breach of the treatment plan; or\n\nS. 201(2)(c) amended by No. 9/2023 s. 66(2)(b).\n\n(c) the absence requires the prior approval of the Authorised Program Officer for the primary service provider and no approval has been given.\n\nPt 8 Div. 6 (Heading) substituted by No. 19/2019 s. 110, amended by No. 9/2023 s. 67.\n\nPt 8 Div. 6 (Heading and ss 201A–201H) inserted by No. 22/2012 s. 82.\n\nDivision 6—Use of restrictive practices in implementing treatment plans\n\nS. 201A inserted by No. 22/2012 s. 82.\n\n","sortOrder":240},{"sectionNumber":"201A","sectionType":"section","heading":"Purpose and application of Division","content":"\t201A Purpose and application of Division\n\nS. 201A(1) substituted by Nos 19/2019 s. 111(1), 9/2023 s. 68(1).\n\n(1) This Division applies in respect of persons with a disability and NDIS participants for whom a disability service provider, or the Authorised Program Officer for a disability service provider or a registered NDIS provider, has prepared, or is required to prepare, a treatment plan under this Part.\n\nS. 201A(2) amended by Nos 19/2019 s. 111(2), 9/2023 s. 68(2).\n\n(2) The purpose of this Division is to protect the rights of persons in respect of whom this Division applies by ensuring that restrictive practices are—\n\n(a) included in treatment plans for those persons only in accordance with this Division; and\n\n(b) used on those persons only if the requirements imposed by this Division are complied with.\n\nNote to s. 201A(2) amended by No. 19/2019 s. 111(3), substituted by No. 9/2023 s. 68(3).\n\nPart 7 contains corresponding protective provisions in relation to other persons with a disability and other NDIS participants.\n\nS. 201A(3) inserted by No. 19/2019 s. 111(4), substituted by No. 9/2023 s. 68(4).\n\n(3) Each disability service provider and registered NDIS provider using restrictive practices on a person in respect of whom this Part applies must comply with this Division.\n\nS. 201A(3A) inserted by No. 9/2023 s. 68(4).\n\n(3A) Despite subsections (1) and (3), if one of the requirements in subsection (3B) is satisfied, a registered NDIS provider is authorised to use regulated restrictive practices on, and is not required to comply with this Division in relation to, an NDIS participant who is subject to a treatment plan—\n\n(a) prepared by or on behalf of the Authorised Program Officer for a disability service provider; and\n\n(b) that is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules.\n\nSections 134, 141, 142, 143, 144, 146 and 149 apply to the use of regulated restrictive practices on an NDIS participant described in this subsection.\n\nS. 201A(3B) inserted by No. 9/2023 s. 68(4).\n\n(3B) The requirements referred to in subsection (3A) are—\n\n(a) the use of the regulated restrictive practice is in accordance with section 135 and is authorised under section 136; or\n\n(b) the use of the regulated restrictive practice is authorised under section 145.\n\nS. 201A(4) inserted by No. 19/2019 s. 111(4), substituted by No. 9/2023 s. 68(5).\n\n(4) Subject to subsection (3A), a provider that is both a disability service provider and a registered NDIS provider for a person is required to comply with this Division in relation to that person—\n\n(a) subject to paragraph (b), either in the provider's capacity as a disability service provider or a registered NDIS provider, but not both; or\n\n(b) if the provider uses restrictive practices when providing NDIS services to the person, in the provider's capacity as a registered NDIS provider.\n\nS. 201A(5) inserted by No. 9/2023 s. 68(5).\n\n(5) A disability service provider is not required to comply with sections 201B to 201E in applying a security condition if the Secretary has approved the security condition under section 159A.\n\nS. 201B (Heading) amended by No. 19/2019 s. 112(1).\n\nS. 201B inserted by No. 22/2012 s. 82, amended by No. 19/2019 s. 112(2)(3) (ILA s. 39B(1)).\n\n","sortOrder":241},{"sectionNumber":"201B","sectionType":"section","heading":"Use of restrictive practices","content":"\t201B Use of restrictive practices\n\nS. 201B(1) amended by No. 19/2019 s. 112(2), substituted by No. 9/2023 s. 69(1).\n\n(1) A disability service provider or a registered NDIS provider must not use a restrictive practice on a person in respect of whom this Division applies unless—\n\n(a) there is a treatment plan in force for that person; and\n\n(b) the treatment plan includes the restrictive practice; and\n\n(c) if the restrictive practice is a regulated restrictive practice, sections 201D and 201E are complied with.\n\nS. 201B(2)–(4) inserted by No. 19/2019 s. 112(3), repealed by No. 9/2023 s. 69(2).\n\nS. 201C inserted by No. 22/2012 s. 82, amended by No. 19/2019 s. 113, substituted by No. 9/2023 s. 70.\n\n","sortOrder":242},{"sectionNumber":"201C","sectionType":"section","heading":"Authorised Program Officers","content":"\t201C Authorised Program Officers\n\n(1) An Authorised Program Officer for a disability service provider must ensure that any restrictive practice used on a person in respect of whom this Division applies in the provision of a disability service for which the disability service provider is responsible is administered in accordance with—\n\n(a) this Division; and\n\n(b) the person's treatment plan.\n\n(2) An Authorised Program Officer for a registered NDIS provider must ensure that any restrictive practice used on an NDIS participant in respect of whom this Division applies in the provision of services under the NDIS for which the registered NDIS provider is responsible is administered in accordance with—\n\n(a) this Division; and\n\n(b) the NDIS Act; and\n\n(c) any regulations, instruments or rules made under the NDIS Act; and\n\n(d) the NDIS participant's treatment plan.\n\nS. 201D (Heading) amended by No. 19/2019 s. 114(1).\n\nS. 201D inserted by No. 22/2012 s. 82, amended by Nos 19/2019 s. 114(2), 9/2023 s. 71(1)(a).\n\n","sortOrder":243},{"sectionNumber":"201D","sectionType":"section","heading":"Use of regulated restrictive practices","content":"\t201D Use of regulated restrictive practices\n\nRegulated restrictive practices must not be used by a disability service provider or a registered NDIS provider on a person in respect of whom this Division applies unless—\n\nS. 201D(a) amended by No. 19/2019 s. 114(3)(6).\n\n(a) the use of regulated restrictive practices is necessary—\n\n(i) to prevent the person from causing physical harm to themselves or any other person; or\n\nS. 201D(a)(ii) repealed by No. 9/2023 s. 71(1)(b).\n\nS. 201D(b) amended by No. 19/2019 s. 114(3)(6).\n\n(b) the use and form of regulated restrictive practices is the option which is the least restrictive of the person as is possible in the circumstances; and\n\nS. 201D(c) amended by No. 19/2019 s. 114(4)(6).\n\n(c) the use and form of the regulated restrictive practice—\n\n(i) is included in the person's treatment plan; and\n\n(ii) is in accordance with the person's treatment plan; and\n\nS. 201D(c)(iii) amended by No. 19/2019 s. 114(5), substituted by No. 9/2023 s. 71(1)(c).\n\n(iii) is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and\n\nS. 201D(ca) inserted by No. 9/2023 s. 71(1)(d).\n\n(ca) the treatment plan was prepared in accordance with—\n\n(i) section 201E; and\n\n(ii) if the person to whom this Division applies is an NDIS participant and the treatment plan is also to be used as the person's NDIS behaviour support plan, the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and\n\n(d) if seclusion is to be used—\n\nS. 201D(e) amended by No. 19/2019 s. 114(6).\n\n(e) any other requirements imposed by the Senior Practitioner are complied with.\n\nNote to s. 201D substituted by No. 9/2023 s. 71(2).\n\nSection 135 is a corresponding provision in relation to other persons with a disability and other NDIS participants.\n\nS. 201E (Heading) amended by No. 19/2019 s. 115(1).\n\nS. 201E inserted by No. 22/2012 s. 82.\n\n","sortOrder":244},{"sectionNumber":"201E","sectionType":"section","heading":"Use of regulated restrictive practices must be included in treatment plan","content":"\t201E Use of regulated restrictive practices must be included in treatment plan\n\n(1) This section applies if a person who is preparing a treatment plan under this Part for a person to whom this Division applies—\n\n(a) is satisfied that the criteria specified in section 201D(a) and (b) apply; and\n\nS. 201E(1)(b) amended by No. 19/2019 s. 115(2).\n\n(b) proposes to use the regulated restrictive practice on the person.\n\n(2) The person who is preparing the treatment plan must include provisions in the treatment plan which—\n\nS. 201E(2)(a) amended by No. 19/2019 s. 115(2).\n\n(a) state the circumstances in which the proposed form of the regulated restrictive practice is to be used for treatment;\n\nS. 201E(2)(b) amended by No. 19/2019 s. 115(2).\n\n(b) explain how the use of the regulated restrictive practice will be of benefit to the person;\n\nS. 201E(2)(c) amended by No. 19/2019 s. 115(2).\n\n(c) demonstrate that the use of the regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances.\n\n(3) The person who is preparing the treatment plan must, in preparing the plan, consult with—\n\n(a) the person for whom the treatment plan is prepared;\n\n(b) if the person for whom the treatment plan is prepared has a guardian, the guardian;\n\n(c) if other disability service providers provide disability services to the person for whom the treatment plan is prepared, a representative of each disability service provider;\n\nS. 201E(3)(ca) inserted by No. 19/2019 s. 115(3).\n\n(ca) if any registered NDIS providers provide services under the NDIS to the person for whom the treatment plan is prepared, a representative of each registered NDIS provider;\n\n(d) any other person that the person who is preparing the plan considers integral to the development of the treatment plan.\n\nS. 201F inserted by No. 22/2012 s. 82.\n\n","sortOrder":245},{"sectionNumber":"201F","sectionType":"section","heading":"Reports","content":"\t201F Reports\n\n(1) The Senior Practitioner must—\n\nS. 201F(1)(a) amended by Nos 19/2019 s. 116(1)(2), 9/2023 s. 72(1)(a).\n\n(a) monitor whether the use of the regulated restrictive practices by disability service providers is in accordance with this Division; and\n\nS. 201F(1)(b) amended by Nos 19/2019 s. 116(3), 9/2023 s. 72(1)(b).\n\n(b) advise the Authorised Program Officer for a disability service provider as to the intervals, not exceeding 12 months, within which the Authorised Program Officer is to provide a report on the use of regulated restrictive practices in accordance with subsection (2) to the Senior Practitioner.\n\n(2) A report required under subsection (1) must—\n\n(a) be provided within 7 days after the end of the interval advised under subsection (1);\n\nS. 201F(2)(b) amended by No. 19/2019 s. 116(4).\n\n(b) include a record of all instances in which regulated restrictive practices were applied during the period for which the report is prepared;\n\nS. 201F(2)(c) amended by No. 19/2019 s. 116(1).\n\n(c) specify any details required by the Senior Practitioner in respect of each use of regulated restrictive practices during the interval for which the report is prepared;\n\nS. 201F(2)(d) amended by No. 19/2019 s. 116(1).\n\n(d) have attached a copy of the person's current treatment plan if the use of regulated restrictive practices is being continued.\n\nS. 201F(3) amended by No. 19/2019 s. 116(5), repealed by No. 9/2023 s. 72(2).\n\nS. 201FA inserted by No. 19/2019 s. 117, repealed by No. 9/2023 s. 73.\n\nS. 201G inserted by No. 22/2012 s. 82, amended by No. 19/2019 s. 118, substituted by No. 9/2023 s. 74.\n\n","sortOrder":246},{"sectionNumber":"201G","sectionType":"section","heading":"Offence","content":"\t201G Offence\n\nA disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Division applies except in accordance with—\n\n(a) section 201A(3A), (4) or (5); or\n\n(b) section 201B.\n\nSection 149 provides a corresponding offence in relation to other persons with a disability and other NDIS participants.\n\nS. 201H inserted by No. 22/2012 s. 82, amended by No. 19/2019 s. 119, substituted by No. 9/2023 s. 75.\n\n","sortOrder":247},{"sectionNumber":"201H","sectionType":"section","heading":"Senior Practitioner may issue guidelines and standards and give directions","content":"\t201H Senior Practitioner may issue guidelines and standards and give directions\n\n(1) The Senior Practitioner may issue guidelines and standards in relation to any of the following matters—\n\n(a) the use of restrictive practices on persons subject to a treatment plan;\n\n(b) the development of treatment plans and the matters to be included in treatment plans;\n\n(c) reporting requirements on the implementation of treatment plans;\n\n(d) reporting requirements on the use of restrictive practices, including the consolidation of reports where there are multiple service providers;\n\n(e) any prescribed matter.\n\n(2) The Senior Practitioner may give written directions in relation to any of the following matters—\n\n(a) any of the matters specified in subsection (1);\n\n(b) prohibiting the use of a specified restrictive practice;\n\n(c) prohibiting the use of a specified class of restrictive practice;\n\n(d) regulating the use of a specified restrictive practice;\n\n(e) regulating the use of a specified class of restrictive practice;\n\n(f) prohibiting or regulating the use of a specified restrictive practice on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;\n\n(g) prohibiting or regulating the use of a specified class of restrictive practices on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;\n\n(h) requiring approval from the Senior Practitioner for the use of a specified restrictive practice;\n\n(i) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice;\n\n(j) requiring approval from the Senior Practitioner for the use of a specified class of restrictive practice on a person belonging to a specified class of persons with a disability or a specified class of NDIS participants;\n\n(k) any prescribed matter.\n\n(3) Guidelines, standards or directions under this section may be issued or given to one or more of the following—\n\n(a) a specified disability service provider or registered NDIS provider;\n\n(b) disability service providers generally;\n\n(c) registered NDIS providers generally;\n\n(d) a class of disability service provider or registered NDIS provider.\n\nS. 201I inserted by No. 19/2019 s. 120, substituted by No. 9/2023 s. 76.\n\n","sortOrder":248},{"sectionNumber":"201I","sectionType":"section","heading":"Senior Practitioner may lodge evidence regarding use of regulated restrictive practices","content":"\t201I Senior Practitioner may lodge evidence regarding use of regulated restrictive practices\n\nIf satisfied that it is appropriate to do so, the Senior Practitioner may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the use of regulated restrictive practices on an NDIS participant is authorised under this Division.\n\nPt 8 Div. 7 (Heading and ss 201J–201O) inserted by No. 19/2019 s. 121, repealed by No. 9/2023 s. 77.\n\nPt 8A (Heading and ss 202AA–202AE) inserted by No. 9/2023 s. 105.\n\n","sortOrder":249},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Use and disclosure of information","content":"Part 8A—Use and disclosure of information\n\nS. 202AA inserted by No. 9/2023 s. 105.\n\n\t202AA Definitions\n\nIn this Part—\n\n***protected information*** means information that is gained by or given to a relevant person in their official capacity and identifies, or is likely to lead to the identification of, a person to whom the information relates and is either obtained—\n\n(a) during the course of providing disability services to the person; or\n\n(b) by a relevant person using restrictive practices or implementing supervised treatment on the person;\n\n***relevant person*** means any of the following—\n\n(a) a person who is or has been appointed to any office under this Act or employed or engaged under this Act;\n\n(b) a disability service provider;\n\n(c) a former disability service provider;\n\n(d) a person who is, or has been, employed or engaged by a disability service provider or former disability service provider;\n\n(e) a person who otherwise provides, or has provided, services under this Act;\n\n(f) a person who is or has been a member of staff of the public service for the purposes of this Act;\n\n(g) the Senior Practitioner;\n\n(h) a registered NDIS provider that uses restrictive practices or implements supervised treatment orders;\n\n(i) a former NDIS provider that used restrictive practices or implemented supervised treatment orders;\n\n(j) a person who is, or has been, employed or engaged by a registered NDIS provider specified in paragraph (h);\n\n(k) a person who is, or has been, employed or engaged by a former NDIS provider specified in paragraph (i).\n\nS. 202AB inserted by No. 9/2023 s. 105.\n\n\t202AB Disclosure, use or transfer of protected information\n\n(1) A relevant person must not disclose, use or transfer protected information disclosed to the relevant person unless the disclosure, use or transfer is—\n\n(a) made in the performance of a function or exercise of a power under this Act or any other Act including any Commonwealth Act; or\n\n(b) required or permitted by or under this Act or any other Act including any Commonwealth Act.\n\nPenalty: 20 penalty units.\n\n(2) A relevant person may disclose protected information to the following—\n\n(a) the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;\n\n(b) the Secretary to the department for which the Minister administering the Commonwealth Disability Support for Older Australians program or a prescribed program is responsible;\n\n(c) the Secretary for the purposes of enabling the Secretary to perform the functions conferred, and meet the obligations imposed, on the Secretary under this Act or any other Act including any Commonwealth Act;\n\n(d) a supportive attorney under a supportive attorney appointment, within the meaning of the **Powers of Attorney Act 2014**,  to the extent that is necessary to enable the supportive attorney to carry out the role of supportive attorney;\n\n(e) a medical treatment decision maker within the meaning of the **Medical Treatment Planning and Decisions Act 2016**, to the extent that is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates;\n\n(f) a support person within the meaning of the **Medical Treatment Planning and Decisions Act 2016**, to the extent that is necessary to enable the support person to carry out the functions of a support person under that Act;\n\n(g) a supportive administrator acting under a supportive administration order within the meaning of the **Guardianship and Administration Act 2019**;\n\n(h) a supportive guardian acting under a supportive guardianship order within the meaning of the **Guardianship and Administration Act 2019**;\n\n(i) an emergency service provider if the disclosure is reasonably required for the emergency service provider to carry out a function under any Act in relation to the person to whom the information relates;\n\n(j) another relevant person, if the disclosure is reasonably required in connection with the provision by that person or body of services under this Act or the NDIS Act to the person to whom the information relates including for the purposes of—\n\n(i) assessing, developing or implementing a treatment plan, behaviour support plan or NDIS behaviour support plan; or\n\n(ii) implementing, monitoring and supervising a supervised treatment order;\n\n(k) any person or body (including a family member or carer of the person to whom the information relates), to the extent that is necessary in connection with the provision of care, treatment or support to the person to whom the information relates if the person is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment.\n\n(3) A relevant person may disclose protected information—\n\n(a) to the extent that is reasonably required in connection with the performance of a duty or the exercise of a power or function under this Act or any other Act including—\n\n(i) for the purposes of developing or maintaining and improving the information systems required to be maintained under section 39; or\n\n(ii) for the purposes of planning, managing, monitoring, evaluating and improving the provision of disability services, the use of restrictive practices and implementing, monitoring and supervising supervised treatment orders and which is of a statistical nature; or\n\n(b) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; or\n\n(c) for the purposes of obtaining or seeking legal advice; or\n\n(d) if the disclosure is authorised or required by any other Act or law; or\n\n(e) if the disclosure is reasonably necessary to lessen or prevent—\n\n(i) a serious threat to a person's life, health, safety or wellbeing; or\n\n(ii) a serious threat to public health, public safety or public wellbeing.\n\n(4) If it is reasonably necessary for a purpose specified in subsection (5), a relevant person may disclose protected information to the following persons or bodies—\n\n(b) the Commission for Children and Young People;\n\n(c) the Public Advocate;\n\n(d) the Transport Accident Commission within the meaning of the **Transport Accident Act 1986**;\n\n(e) the Victorian WorkCover Authority;\n\n(f) the Disability Worker Registration Board;\n\n(g) the Victorian Disability Worker Commission;\n\n(h) the Victorian Disability Worker Commissioner;\n\n(i) an NDIS worker screening unit within the meaning of the **Worker Screening Act 2020**;\n\n(j) the NDIA;\n\n(k) the NDIS Quality and Safeguards Commission;\n\n(l) the Secretary within the meaning of the **Worker Screening Act 2020**, for the purposes of performing functions in relation to screening checks under that Act;\n\n(m) the Disability Services Commissioner;\n\nS. 202AB (4)(ma) inserted by No. 37/2021 s. 355 (as amended by No. 9/2023 s. 266(2)).\n\n(ma) the Social Services Regulator;\n\n(n) Victoria Police;\n\n(o) the Chief Commissioner of Police within the meaning of the **Victoria Police Act 2013**;\n\n(p) a coroner within the meaning of the **Coroners Act 2008**;\n\n(q) the Ombudsman;\n\n(r) the IBAC;\n\n(s) a prescribed person or body.\n\n(5) For the purposes of subsection (4), the following purposes are specified—\n\n(a) the performance of a function or the exercise of a power under this Act, the **Social Services Regulation Act 2021** or the NDIS Act by a relevant person;\n\n(b) the performance of a function or the exercise of a power under this or any other Act by a person or body set out in subsection (4).\n\n(6) In this section—\n\n***emergency service provider*** means—\n\n(a) Ambulance Service—Victoria within the meaning of the **Ambulance Services Act 1986**; and\n\n(b) a prescribed entity or prescribed class of entity.\n\nS. 202AC inserted by No. 9/2023 s. 105.\n\n\t202AC Use, transfer or disclosure of information relating to disability services or disability service providers\n\n(1) Despite anything to the contrary in section 202AB(1), any person or body is authorised, for any purpose for or with respect to the NDIS or its implementation, to use the following information or to transfer or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person or body or any person or body of a prescribed class of person or body—\n\n(a) information about—\n\n(i) disability services, regulated disability services or any prescribed services;\n\n(ii) services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services;\n\n(b) information about the provision of disability services or regulated disability services, including information about the services any person requires, the carer of a person or any support structure of a person;\n\n(c) information about any persons who are or were employed or engaged for the purpose of providing disability services or regulated disability services or services under the NDIS;\n\n(d) information about persons who received or are receiving disability services, regulated disability services or services under an NDIS plan;\n\n(e) information about current and former disability service providers, regulated service providers or NDIS providers;\n\nS. 202AC(1)(f) amended by No. 37/2021 s. 355A (as amended by No. 9/2023 s. 266(2)).\n\n(f) information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97 as in force immediately before the commencement of Part 4 of the **Social Services Regulation Act 2021**;\n\n(g) information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services;\n\n(h) information about complaints relating to disability services or regulated disability services;\n\n(i) information about the use of restrictive practices or compulsory treatment.\n\n(2) A person or body to whom information is disclosed under subsection (1) is authorised to use or transfer that information for any purpose for or with respect to the NDIS or the implementation of the NDIS.\n\n(3) A person or body to whom information is disclosed under subsection (1) must not use, disclose or transfer that information unless—\n\n(a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or\n\n(b) the person or body is authorised by or under an Act or other law to do so.\n\nPenalty: 20 penalty units.\n\nS. 202AD inserted by No. 9/2023 s. 105.\n\n\t202AD Disclosure of information about worker screening\n\n(1) The Secretary is authorised to transfer or disclose any information about worker screening to the following in relation to a person who provided, provides, or seeks to provide, disability services or services in accordance with an NDIS plan—\n\n(a) the NDIS Quality and Safeguards Commission;\n\n(b) the Disability Worker Registration Board;\n\nS. 202AD (1)(ba) inserted by No. 37/2021 s. 356 (as amended by No. 9/2023 s. 266(3)).\n\n(ba) the Social Services Regulator;\n\n(c) the Victorian Disability Worker Commission;\n\n(d) the Victorian Disability Worker Commissioner;\n\n(e) the Secretary within the meaning of the **Worker Screening Act 2020**, for the purposes of performing functions in relation to screening checks under that Act;\n\n(f) an NDIS worker screening unit within the meaning of the **Worker Screening Act 2020**;\n\n(g) the relevant disability service provider;\n\n(h) the relevant registered NDIS provider.\n\n(2) The Secretary may transfer or disclose information about worker screening to an entity referred to in subsection (1) at the Secretary's own initiative or on request of the entity.\n\n(3) For the purposes of this section—\n\n***information about worker screening*** means one or more of the following—\n\n(a) whether or not the person is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act;\n\n(b) whether or not the Secretary has information relating to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients and, if so, that information which includes but is not limited to the following—\n\n(i) whether or not a person has been assessed as posing an unacceptable risk to persons with a disability, NDIS participants or DSOA clients;\n\n(ii) whether or not a notification or complaint has been made about the person that is relevant to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients;\n\n(iii) details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii);\n\n(iv) whether or not the person has been screened in relation to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients.\n\nS. 202AE inserted by No. 9/2023 s. 105.\n\n\t202AE Application of Part\n\n(1) Sections 202AB, 202AC and 202AD have effect despite any other Act or law, other than the **Charter of Human Rights and Responsibilities Act 2006**.\n\n(2) To avoid doubt, this Part does not affect a relevant person's obligations in relation to the disclosure, use and transfer of information under the NDIS Act.\n\n","sortOrder":250},{"sectionNumber":"Part 9","sectionType":"part","heading":"General provisions","content":"Part 9—General provisions\n\n","sortOrder":251},{"sectionNumber":"202","sectionType":"section","heading":"False and misleading statements","content":"\t202 False and misleading statements\n\n(1) A person must not, in purported compliance with this Act, give information or make a statement that is false or misleading in a material particular.\n\nS. 202(2) substituted by No. 19/2019 s. 122.\n\n(2) A person must not make a false or misleading entry in a document required by this Act to be kept by—\n\n(b) a registered NDIS provider.\n\n(3) It is a defence in proceedings under this section to prove that the person did not know that the information, statement or entry was false or misleading.\n\n","sortOrder":252},{"sectionNumber":"203","sectionType":"section","heading":"Defacing documents","content":"\t203 Defacing documents\n\nA person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept in accordance with this Act.\n\n1. 120 penalty units.\n\nS. 204 substituted by No. 29/2010 s. 10.\n\n","sortOrder":253},{"sectionNumber":"204","sectionType":"section","heading":"Delegation","content":"\t204 Delegation\n\n(1) The Secretary may, by instrument, delegate to any officer or employee of the Department any power, duty or function of the Secretary under this Act (other than this power of delegation) or under regulations made under this Act.\n\nS. 204(2) amended by Nos 19/2019 s. 123, 9/2023 s. 78.\n\n(2) The Secretary may, by instrument, delegate to any officer or employee of the Department any power, duty or function of the Secretary under any other Act or under regulations made under any other Act that relates to or affects persons with a disability, NDIS participants or DSOA clients.\n\nS. 204(3) inserted by No. 37/2021 s. 368.\n\n(3) Without limiting this section, the Secretary may make a delegation under this section to—\n\n(a) the Regulator within the meaning of the **Social Services Regulation Act 2021**; or\n\n(b) a person employed or engaged by that Regulator.\n\n","sortOrder":254},{"sectionNumber":"205","sectionType":"section","heading":"Provision of staff services","content":"\t205 Provision of staff services\n\nS. 205(1) amended by Nos 19/2019 s. 16, 9/2023 s. 79.\n\n(1) The Secretary may having regard to the objectives and functions of the Secretary under this Act, make available to a disability service provider that is a contracted service provider or a funded service provider the services of any person or class of persons employed in the Department under the **Public Administration Act 2004**.\n\n(2) A person or class of persons whose services are made available under subsection (1) to a disability service provider remains subject to the **Public Administration Act 2004** but may be subject to the direction and control of the disability service provider for the purposes of duty in the assigned role to the extent and subject to any conditions determined and agreed to by the Secretary which cannot be less favourable than under the **Public Administration Act 2004**.\n\n","sortOrder":255},{"sectionNumber":"206","sectionType":"section","heading":"Special powers of Secretary","content":"\t206 Special powers of Secretary\n\nS. 206(1) amended by Nos 37/2021 s. 369(1) (as amended by No. 9/2023 s. 260(2)), 9/2023 s. 101.\n\n(1) The Secretary may at any time the Secretary thinks fit visit any disability service provider that is a contracted service provider or a funded service provider for the purposes of performing a function or duty or exercising a power under this Act.\n\nS. 206(2) amended by No. 9/2023 s. 101.\n\n(2) The Secretary is entitled when visiting any disability service provider that is a contracted service provider or a funded service provider to—\n\n(a) inspect any part of the premises;\n\n(b) see any person to whom disability services are being provided;\n\n(c) make inquiries in relation to any person to whom disability services are being provided;\n\n(d) inspect any document or record relating to—\n\n(i) the provision of disability services; or\n\n(ii) any person to whom disability services are being provided.\n\nS. 206(3) amended by No. 9/2023 s. 101.\n\n(3) The Secretary may by order in writing require the person in charge of a disability service provider that is a contracted service provider or a funded service provider to allow a person authorised by the Secretary to see a person to whom disability services are being provided.\n\nS. 206(3A) inserted by No. 37/2021 s. 369(2).\n\n(3A) A requirement under subsection (3) must be for the purposes of performing a function or duty or exercising a power under this Act.\n\nS. 206(4) amended by No. 9/2023 s. 101.\n\n(4) The person in charge and every member of the staff or management of a disability service provider that is a contracted service provider or a funded service provider must provide the Secretary with any reasonable assistance that the Secretary may require to perform or exercise a power, duty or function under this Act effectively.\n\nS. 206(5) amended by No. 9/2023 s. 101.\n\n(5) A person in charge or member of the staff or management of a disability service provider that is a contracted service provider or a funded service provider must—\n\n(a) reasonably render assistance when required to do so under subsection (4);\n\n(b) give full and true answers to the best of that person's knowledge to any question asked by the Secretary in the performance or exercise of any power, duty or function under this Act.\n\n","sortOrder":256},{"sectionNumber":"207","sectionType":"section","heading":"Appointment of authorised officers","content":"\t207 Appointment of authorised officers\n\n(1) The Secretary may, by instrument, appoint as authorised officers any employees or class of employees employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) The Secretary must not appoint a person as an authorised officer under this section unless the Secretary is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\n","sortOrder":257},{"sectionNumber":"208","sectionType":"section","heading":"Identity cards","content":"\t208 Identity cards\n\n(1) The Secretary must issue an identity card to each authorised officer.\n\n(2) An identity card must contain a photograph of the authorised officer to whom it is issued.\n\nS. 209 amended by No. 9/2023 s. 80.\n\n","sortOrder":258},{"sectionNumber":"209","sectionType":"section","heading":"Production of identity card","content":"\t209 Production of identity card\n\nAn authorised officer must produce their identity card for inspection—\n\n(a) before exercising a power under this Act other than a requirement made by post; and\n\n(b) at any time during the exercise of a power under this Act, if asked to do so.\n\n1. 10 penalty units.\n\n","sortOrder":259},{"sectionNumber":"210","sectionType":"section","heading":"Powers of authorised officers","content":"\t210 Powers of authorised officers\n\nS. 210(1AA) inserted by No. 9/2023 s. 102(1).\n\n(1AA) This section applies in respect of a disability service provider that is a contracted service provider or a funded service provider.\n\nS. 210(1) amended by No. 9/2023 s. 102(2).\n\n(1) For the purpose of ascertaining whether this Act and the regulations are being complied with, an authorised officer, with such assistance as the authorised officer reasonably requires, may at any time visit and inspect any part of the premises where disability services are being provided, other than any premises or part of any premises used as a private residence that is not a residential service, and may—\n\n(a) see and ask questions of a person to whom disability services are being provided;\n\n(b) make enquiries in relation to any person to whom disability services are being provided;\n\n(c) inspect, make copies of or take extracts from, any document relating to—\n\n(i) the provision of disability services; or\n\n(ii) any person to whom disability services are being provided;\n\n(d) require a disability service provider or any member of staff of the disability service provider—\n\n(i) to answer a question to the best of that person's knowledge, information and belief;\n\n(ii) to take reasonable steps to produce documents.\n\n(2) If an authorised officer requires a person referred to in subsection (1)(d) to answer a question to the best of that person's knowledge, information and belief, the authorised officer must advise the person that it is a reasonable excuse for that person to refuse to comply with the request if it would tend to incriminate that person.\n\n","sortOrder":260},{"sectionNumber":"211","sectionType":"section","heading":"Offence to give false or misleading information","content":"\t211 Offence to give false or misleading information\n\nA person must not—\n\n(a) give information to an authorised officer under this Act that the person believes to be false or misleading in any material particular; or\n\n(b) produce a document to an authorised officer under this Act that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\n","sortOrder":261},{"sectionNumber":"212","sectionType":"section","heading":"Offence to hinder or obstruct authorised officer","content":"\t212 Offence to hinder or obstruct authorised officer\n\n(1) A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising a power under this Act.\n\n(2) A person is not guilty of an offence under subsection (1) if the authorised officer exercising a power under this Act—\n\n(a) failed to produce their identity card in accordance with section 209; or\n\n(b) failed to warn the person of the effect of subsection (1).\n\nS. 213 amended by No. 9/2023 s. 81.\n\n","sortOrder":262},{"sectionNumber":"213","sectionType":"section","heading":"Offence to impersonate authorised officer","content":"\t213 Offence to impersonate authorised officer\n\nA person who is not an authorised officer must not, in any way, hold themselves out to be an authorised officer.\n\n","sortOrder":263},{"sectionNumber":"214","sectionType":"section","heading":"Protection against self-incrimination","content":"\t214 Protection against self-incrimination\n\nIt is a defence to an offence against this Act for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Act, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\nS. 215 (Heading) amended by No. 69/2009 s. 97(Sch. Pt 1 item 16.3).\n\nS. 215 amended by No. 69/2009 s. 97(Sch. Pt 1 item 16.4).\n\n","sortOrder":264},{"sectionNumber":"215","sectionType":"section","heading":"Legal professional privilege or client legal privilege","content":"\t215 Legal professional privilege or client legal privilege\n\nIt is a defence to an offence against this Act for a person to refuse or fail to give information or do any other thing that the person is required to do by or under this Act, if the giving of the information or the doing of that other thing would be a breach of legal professional privilege or client legal privilege.\n\nS. 216 repealed by No. 13/2013 s. 55.\n\n","sortOrder":265},{"sectionNumber":"217","sectionType":"section","heading":"Persons who are liable for offences","content":"\t217 Persons who are liable for offences\n\n(1) If two or more persons are responsible for the same offence against this Act each of those persons is liable to the penalty provided by this Act for that offence and the liability of each of them is independent of the liability of any other person.\n\n(2) If a person who is guilty of an offence is a partnership or an unincorporated body the reference to a person must be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body, as the case may be.\n\n(3) It is a defence to a prosecution or other legal proceeding under this Act if the person charged with the offence proves that—\n\nS. 217(3)(a) amended by No. 9/2023 s. 82.\n\n(a) they did not know that an offence was being committed or consent to or connive in the commission of the offence; and\n\nS. 217(3)(b) amended by No. 9/2023 s. 82.\n\n(b) they used due diligence to prevent the commission of an offence.\n\n","sortOrder":266},{"sectionNumber":"218","sectionType":"section","heading":"Power to bring proceedings","content":"\t218 Power to bring proceedings\n\nS. 218(1) amended by No. 37/2014 s. 10(Sch. item 45.2).\n\n(1) The Secretary or a police officer may bring proceedings for an offence under this Act.\n\nS. 218(2) amended by No. 33/2017 s. 30.\n\n(2) The Disability Services Commissioner may also bring proceedings for an offence under Division 6C or Division 8 of Part 6.\n\nS. 218(3) inserted by No. 9/2023 s. 83.\n\n(3) The Senior Practitioner may also bring proceedings for an offence under Part 6A, 7 or 8.\n\n","sortOrder":267},{"sectionNumber":"219","sectionType":"section","heading":"Evidentiary","content":"\t219 Evidentiary\n\n(1) In proceedings under this Act, no proof is required—\n\n(a) of an order or authority to bring proceedings; or\n\n(b) of the appointment of the Secretary or an authorised officer.\n\nS. 219(2) amended by No. 19/2019 s. 124.\n\n(2) A copy of an order, direction, authority, decision or notice made or given under this Act by the Minister, the Secretary or the Senior Practitioner and signed and certified by the Minister, the Secretary or the Senior Practitioner to be a true copy and to have been so made or given is evidence of the making or giving of the order, direction, authority, decision or notice.\n\n","sortOrder":268},{"sectionNumber":"220","sectionType":"section","heading":"Recapture of person","content":"\t220 Recapture of person\n\nThis Act does not affect the application of any law enabling the recapture of a person for the purpose of being returned to a prison.\n\n","sortOrder":269},{"sectionNumber":"221","sectionType":"section","heading":"Regulations","content":"\t221 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing forms to be used for the purposes of this Act;\n\n(b) prescribing fees for the purposes of this Act;\n\n(c) prescribing the maximum amount that may be charged as a residential charge in respect of different kinds of residential services;\n\n(d) matters to be included in a residential statement;\n\n(e) prescribing charges, if any, for the accommodation or care of, or for services, including food and utilities, provided to, a resident in a residential service other than a community residential unit;\n\n(f) prescribing the keeping and form of any records, registers or other documents as may be necessary for the administration of this Act;\n\nS. 221(1)(fa) inserted by No. 33/2017 s. 31.\n\n(fa) prescribing persons or classes of person who provide services to persons with a disability for the purposes of the definition of ***prescribed service provider***;\n\nS. 221(1)(fb) inserted by No. 33/2017 s. 31.\n\n(fb) prescribing disability service providers or classes of disability service provider and regulated service providers or classes of regulated service provider as exempt service providers for the purposes of the definition of ***exempt service provider***;\n\nS. 221(1)(fc) inserted by No. 38/2018 s. 314, amended by No. 9/2023 s. 96.\n\n(fc) prescribing the functions of a community visitor in respect of SDA dwellings;\n\nS. 221(1)(fd) inserted by No. 9/2023 s. 106.\n\n(fd) prescribing persons and bodies to which protected information may be disclosed under section 202AB(4) or 202AC(1), including persons or bodies established, or performing functions or exercising powers, under the law of another State, a Territory or the Commonwealth;\n\nS. 221(1)(fe) inserted by No. 9/2023 s. 130.\n\n(fe) prescribing a disability service provider to be a forensic disability service provider;\n\nS. 221(1)(ff) inserted by No. 9/2023 s. 130.\n\n(ff) prescribing classes of persons who may apprehend a resident who is absent from a residential treatment facility without leave;\n\n(g) any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.\n\n(2) Regulations made under this Act—\n\n(a) may be of general or of specially limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council or public authority or any officer thereof;\n\n(d) may confer powers or impose duties in connection with the regulations on any government department, municipal council or public authority;\n\n(e) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time;\n\n(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made;\n\n(g) may impose a penalty not exceeding 10 penalty units for any contravention of the regulations.\n\n(3) A power conferred by this Act to make regulations providing for the imposition of fees or charges may be exercised by providing for all or any of the following matters—\n\n(a) specific fees or charges;\n\n(b) maximum or minimum fees or charges;\n\n(c) maximum and minimum fees or charges;\n\n(d) scales of fees or charges according to the value of goods or services provided for the fees or charges;\n\n(e) the payment of fees or charges either generally or under specified conditions or in specified circumstances;\n\n(f) the reduction, waiver or refund, in whole or in part, of the fees or charges.\n\n(4) If under subsection (3)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply either generally or specifically—\n\n(a) in respect of certain matters or transactions or classes of matters or transactions; or\n\n(b) in respect of certain documents or classes of documents; or\n\n(c) when an event happens; or\n\n(d) in respect of certain persons or classes of persons; or\n\n(e) in respect of any combination of matters, transactions, documents, events or persons—\n\nand may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.\n\n(5) A fee or charge that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.\n\nPart 10—Miscellaneous\n\nDivision 1—Savings and transitional\n\n\t222 Repeals and Savings\n\n(1) The **Intellectually Disabled Persons' Services Act 1986** is **repealed**.\n\n(2) The **Intellectually Disabled Persons' Services (Trust Money) Act 1992** and the **Intellectually Disabled Persons' Services (Amendment) Act 1994** are **repealed**.\n\n(3) The **Disability Services Act 1991** is **repealed**.\n\n(4) Except as in this Act expressly or by necessary implication provided all persons, things and circumstances appointed or created by or under the **Intellectually Disabled Persons' Services Act 1986** or the **Disability Services Act 1991** or existing or continuing under those Acts immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if those Acts had not been so repealed.\n\n(5) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the **Intellectually Disabled Persons' Services Act 1986** or the **Disability Services Act 1991** is to be construed as a reference to this Act, unless the contrary intention appears.\n\n(6) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\nS. 223 amended by No. 25/2007 s. 34(1), repealed by No. 19/2019 s. 17.\n\nS. 224 repealed by No. 19/2019 s. 17.\n\n","sortOrder":270},{"sectionNumber":"225","sectionType":"section","heading":"Transitional regulations","content":"\t225 Transitional regulations\n\n(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.\n\n(2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of section 222.\n\n(3) Regulations made under this section have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.\n\nS. 225A inserted by No. 29/2010 s. 11.\n\n","sortOrder":271},{"sectionNumber":"225A","sectionType":"section","heading":"Order specifying land, leases, licences and interests in land to be transferred to Secretary","content":"\t225A Order specifying land, leases, licences and interests in land to be transferred to Secretary\n\n(1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette, specify—\n\n(a) the land to be vested in fee simple in the Secretary; and\n\n(b) the leases for which the Secretary is taken to be the lessee; and\n\n(c) the licences for which the Secretary is taken to be the licensee; and\n\n(d) the legal and equitable interests in land (whether protected by caveat under the **Transfer of Land Act 1958** or not) to be vested in the Secretary—\n\nunder section 225B.\n\n(2) The Minister, before making a recommendation to the Governor in Council under subsection (1), must be satisfied that—\n\n(a) the land to be vested in fee simple in the Secretary is vested in fee simple in the body corporate known as the Secretary to the Department of Human Services; and\n\n(b) the leases for which the Secretary is taken to be the lessee are held by the body corporate known as the Secretary to the Department of Human Services as lessee; and\n\n(c) the licences for which the Secretary is taken to be the licensee are held by the body corporate known as the Secretary to the Department of Human Services as licensee; and\n\n(d) the interests in land to be vested in the Secretary are vested in the body corporate known as the Secretary to the Department of Human Services.\n\nS. 225B inserted by No. 29/2010 s. 12.\n\n","sortOrder":272},{"sectionNumber":"225B","sectionType":"section","heading":"Vesting of land, leases, licences and interests in land in the Secretary","content":"\t225B Vesting of land, leases, licences and interests in land in the Secretary\n\n(1) Despite section 246A of the **Public Health and Wellbeing Act 2008**, on the commencement of section 6 of the **Health and Human Services Legislation Amendment Act 2010**—\n\n(a) all land vested in fee simple in the body corporate known as the Secretary to the Department of Human Services and specified in an order made under section 225A(1)(a) vests in fee simple in the Secretary, whether the land is registered—\n\n(i) in the name of \"Secretary to the Department of Human Services\"; or\n\n(ii) in the name of \"Secretary to the Department of Health and Community Services\"; or\n\n(iii) in the name of \"Department of Human Services\"; or\n\n(iv) in the name of \"Secretary, the Department of Human Services\"; or\n\n(v) in the name of \"Chief General Manager of the Department of Health\"; or\n\n(vi) in the name of \"Health Commission of Victoria\"; or\n\n(vii) in a name that is substantially the same as any name referred to in subparagraphs (i) to (vi); and\n\n(b) the Secretary is taken to be the lessee under the leases specified in an order made under section 225A(1)(b); and\n\n(c) the Secretary is taken to be the licensee under the licences specified in an order made under section 225A(1)(c); and\n\n(d) all interests in land specified in an order made under section 225A(1)(d) vest in the Secretary.\n\n(2) All land that vests in fee simple in the Secretary under this section is taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act.\n\n(3) All leases referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act.\n\n(4) All licences referred to in subsection (1) are taken to be held by the Secretary on behalf of the Crown for the purposes of this Act.\n\n(5) All interests in land referred to in subsection (1) are taken to have been acquired by the Secretary on behalf of the Crown for the purposes of this Act.\n\n(6) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease or licence, including any provision prohibiting, restricting or regulating the assignment of the lease or licence.\n\n(7) For the avoidance of doubt, the Secretary, on behalf of the Crown, is the successor in law to the body corporate known as the Secretary to the Department of Human Services in relation to any lease, licence or other interest given by the body corporate over land referred to in subsection (1).\n\nS. 225C inserted by No. 29/2010 s. 12.\n\n","sortOrder":273},{"sectionNumber":"225C","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t225C Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument or document, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of section 225B.\n\nS. 225D inserted by No. 29/2010 s. 12.\n\n","sortOrder":274},{"sectionNumber":"225D","sectionType":"section","heading":"Taxes","content":"\t225D Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything done under section 225B  \nor in respect of any act or transaction connected with or necessary to be done by reason of section 225B, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property to the Secretary.\n\nS. 225E inserted by No. 29/2010 s. 12.\n\n","sortOrder":275},{"sectionNumber":"225E","sectionType":"section","heading":"Land etc. vests subject to encumbrances","content":"\t225E Land etc. vests subject to encumbrances\n\n(1) If land vests in fee simple in the Secretary under section 225B, the land so vested is subject to the encumbrances (if any) to which the land was subject immediately before so vesting.\n\n(2) If leases are taken to be held by the Secretary under section 225B, the leases are subject to the same encumbrances (if any) to which the leases were subject immediately before they were held by the Secretary.\n\n(3) If licences are taken to be held by the Secretary under section 225B, the licences are subject to the same encumbrances (if any) to which the licences were subject immediately before they were held by the Secretary.\n\n(4) If an interest in land vests in the Secretary under section 225B, the interest so vested is subject to the encumbrances (if any) to which the interest was subject immediately before so vesting.\n\nNew s. 226 inserted by No. 22/2012 s. 83.\n\n","sortOrder":276},{"sectionNumber":"226","sectionType":"section","heading":"Community visitors","content":"\t226 Community visitors\n\nA person who, before the day on which the **Disability Amendment Act 2012** comes into operation, was appointed as a community visitor for a particular region is, on and from that day, taken to be appointed as a community visitor generally.\n\nNew s. 227 inserted by No. 22/2012 s. 83.\n\n","sortOrder":277},{"sectionNumber":"227","sectionType":"section","heading":"Behaviour support plans","content":"\t227 Behaviour support plans\n\n(1) On and after the day on which the **Disability Amendment Act 2012** comes into operation, a behaviour management plan (within the meaning of this Act as in force immediately before that day) is taken to be a behaviour support plan.\n\n(2) On and after the day on which the **Disability Amendment Act 2012** comes into operation, any reference to a behaviour management plan in any Act, regulation or other document must be, unless the context otherwise requires, construed as a reference to a behaviour support plan.\n\nS. 227(3) repealed by No. 19/2019 s. 17.\n\nNew ss 228, 229 inserted by No. 22/2012 s. 83, repealed by No. 19/2019 s. 17.\n\nNew s. 230 inserted by No. 22/2012 s. 83.\n\n","sortOrder":278},{"sectionNumber":"230","sectionType":"section","heading":"Group homes","content":"\t230 Group homes\n\n(1) On and after the day on which the **Disability Amendment Act 2012** comes into operation, a community residential unit (within the meaning of this Act as in force immediately before that day) is taken to be a group home.\n\n(2) On and after the day on which the **Disability Amendment Act 2012** comes into operation, any reference to a community residential unit in any Act, regulation or other document must be, unless the context otherwise requires, construed as a reference to a group home.\n\nNew s. 231 inserted by No. 22/2012 s. 83, repealed by No. 19/2019 s. 17.\n\nPt 10 Div 2 (Heading and ss 226–230) repealed by No. 29/2011 s. 3(Sch. 1 item 28.2), new Pt 10 Div. 2 (Heading  \nand new  \nss 232–234) inserted by No. 33/2017 s. 32.\n\nDivision 2—Transitional provisions—Disability Amendment Act 2017\n\nNew s. 232 inserted by No. 33/2017 s. 32.\n\n","sortOrder":279},{"sectionNumber":"232","sectionType":"section","heading":"Definitions","content":"\t232 Definitions\n\n***commencement day*** means the day on which the **Disability Amendment Act 2017** commences;\n\n***old Act*** means the **Disability Act 2006** as in force before the commencement of the **Disability Amendment Act 2017**.\n\nNew s. 233 inserted by No. 33/2017 s. 32.\n\n","sortOrder":280},{"sectionNumber":"233","sectionType":"section","heading":"Pre-existing complaints","content":"\t233 Pre-existing complaints\n\nThe old Act continues to apply to a complaint made before the commencement day that was ongoing immediately before the commencement day.\n\nNew s. 234 inserted by No. 33/2017 s. 32.\n\n","sortOrder":281},{"sectionNumber":"234","sectionType":"section","heading":"Information provisions","content":"\t234 Information provisions\n\nSections 132ZB and 132ZC apply to information, whether acquired before, on or after the commencement day.\n\nPt 10 Div. 3 (Heading and s. 231) amended by No. 25/2007 s. 34(2), repealed by No. 29/2011 s. 3(Sch. 1 item 28.2), new Pt 10 Div. 3 (Heading and new s. 235) inserted by No. 27/2018 s. 351(Sch. 4 cl. 20).\n\nDivision 3—Transitional provisions—Serious Offenders Act 2018\n\nNew s. 235 inserted by No. 27/2018 s. 351(Sch. 4 cl. 20).\n\n","sortOrder":282},{"sectionNumber":"235","sectionType":"section","heading":"Saving of orders continued in effect after commencement by Serious Offenders Act 2018","content":"\t235 Saving of orders continued in effect after commencement by Serious Offenders Act 2018\n\n(1) Despite the amendment of section 152(2)(f) by section 358 of the **Serious Offenders Act** **2018**, section 152(2)(f) has effect, on and after the commencement day, as if a reference in that section to a supervision order or an interim supervision order within the meaning of the **Serious Offenders Act** **2018** included a reference to a to a supervision order or an interim supervision order that is continued in force by subclause 4(1) of Schedule 4 to the **Serious Offenders Act 2018**.\n\n(2) In this section—\n\n***commencement day*** means the day on which section 358 of **the Serious Offenders Act 2018** comes into operation.\n\nPt 10 Div 4 (Heading and ss 232–250) repealed by No. 29/2011 s. 3(Sch. 1 item 28.2), new Pt 10 Div. 4 (Heading and new ss 236–241) inserted by No. 19/2019 s. 125.\n\nDivision 4—Transitional provisions—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019\n\nNew s. 236 inserted by No. 19/2019 s. 125.\n\n","sortOrder":283},{"sectionNumber":"236","sectionType":"section","heading":"Declaration of residential service as a group home","content":"\t236 Declaration of residential service as a group home\n\n(1) Subject to subsection (2), on and from the commencement day, a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, ceases to be a group home for the purposes of this Act if the following criteria are met—\n\n(a) the group home is an SDA enrolled dwelling; and\n\n(b) each resident in the group home—\n\nS. 236(1)(b)(i) amended by No. 19/2019 s. 146(6).\n\n(i) is living in the SDA enrolled dwelling that is under a residential rental agreement within the meaning of the **Residential Tenancies Act 1997** and that agreement has commenced; or\n\n(ii) has entered into an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; or\n\n(iii) has worked with an SDA provider to establish an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; and\n\n(c) the relevant SDA provider has given to the Secretary written notice of the event referred to in paragraph (b).\n\n(2) If, 6 months after the commencement day,  the criteria referred to in subsection (1) are not met by a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, the residential service ceases to be a group home for the purposes of this Act.\n\n(3) Nothing in this section prevents a declaration being made under section 64(1) after the commencement day in respect of a residential service to which this section applies.\n\n(4) In this section—\n\n***commencement day***  means the day on which section 125 of the **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019** comes into operation.\n\nNew s. 237 inserted by No. 19/2019 s. 125.\n\n","sortOrder":284},{"sectionNumber":"237","sectionType":"section","heading":"Behaviour support plans taken to be NDIS behaviour support plans","content":"\t237 Behaviour support plans taken to be NDIS behaviour support plans\n\n(1) If immediately before the day a person becomes an NDIS participant the person has a behaviour support plan, on and from that day—\n\n(a) the behaviour support plan is taken to be an NDIS behaviour support plan for the purposes of Part 6B and the NDIS (Restrictive Practices and Behaviour Support) Rules; and\n\n(b) the use of any restrictive practices referred to in the behaviour support plan is taken to be authorised by the Authorised Program Officer of the registered NDIS provider intending to use the restrictive practices on the person and, as the case requires approved by the Senior Practitioner—\n\nuntil whichever of the following happens first—\n\n(c) the behaviour support plan expires;\n\n(d) an NDIS behaviour support plan is developed for the NDIS participant.\n\n(2) The Senior Practitioner may issue directions in relation to the use of restrictive practices on an NDIS participant to whom a behaviour support plan referred to in subsection (1) applies.\n\nNew s. 238 inserted by No. 19/2019 s. 125.\n\n","sortOrder":285},{"sectionNumber":"238","sectionType":"section","heading":"Matters concerning persons subject to supervised treatment orders on becoming NDIS participants","content":"\t238 Matters concerning persons subject to supervised treatment orders on becoming NDIS participants\n\n(1) If immediately before the day a person becomes an SDA resident living in an SDA enrolled dwelling under an SDA residency agreement the person does not have an NDIS behaviour support plan but does have a treatment plan developed under Division 5 of Part 8, on and from that day—\n\n(a) the treatment plan is taken to be an NDIS behaviour support plan for the purposes of Division 7 of Part 8 and the NDIS (Restrictive Practices and Behaviour Support) Rules until—\n\n(i) an NDIS behaviour support plan is developed for the NDIS participant; or\n\n(ii) it expires or is revoked under section 196 or 196A—\n\nwhichever occurs sooner; and\n\n(b) the supervised treatment order to which the treatment plan is attached—\n\n(i) continues in force until it expires or is revoked under section 196 or 196A; and\n\n(ii) is taken to be the responsibility of the Authorised Program Officer of the disability service provider that applied for the supervised treatment order or, if the disability service provider has become a registered NDIS provider, the Authorised Program Officer appointed by that registered NDIS provider; and\n\n(c) the relevant place at which the person is to reside referred to in section 193(3)(b) is taken to be an SDA enrolled dwelling under an SDA residency agreement in relation to the NDIS participant.\n\nIf a registered NDIS provider intends to use regulated restrictive practices on a person referred to in subsection (1), the registered NDIS provider must comply with section 201L.\n\n(2) The Senior Practitioner may issue directions in relation to the use of restrictive practices on an NDIS participant to whom an NDIS behaviour support plan referred to in subsection (1) applies.\n\nNew s. 239 inserted by No. 19/2019 s. 125.\n\n","sortOrder":286},{"sectionNumber":"239","sectionType":"section","heading":"Supervised treatment orders","content":"\t239 Supervised treatment orders\n\nIf immediately before the day a person becomes an NDIS participant the person is subject to a supervised treatment order obtained by a disability service provider, on and from that day (despite the person residing at an SDA enrolled dwelling)—\n\n(a) the person's treatment plan is taken to be the treatment plan attaching the NDIS behaviour support plan for the purposes of Divisions 5 and 7 of Part 8; and\n\n(b) the registered NDIS provider providing supported independent living services to the person is taken to be the disability service provider who obtained the supervised treatment order for the purposes of Division 5 of Part 8; and\n\n(c) the registered NDIS provider in implementing the supervised treatment order must comply with the requirements of Division 7 of Part 8; and\n\n(d) the supervised treatment order continues in force until it expires or is revoked under section 196 or 196A.\n\nNew s. 240 inserted by No. 19/2019 s. 125.\n\n","sortOrder":287},{"sectionNumber":"240","sectionType":"section","heading":"Assessment orders","content":"\t240 Assessment orders\n\nIf immediately before the day a person becomes an NDIS participant the person is subject to an assessment order obtained by a disability service provider, on and from that day (despite the person residing at an SDA enrolled dwelling)—\n\n(a) the registered NDIS provider providing supported independent living services to the person is taken to be the disability service provider who obtained the assessment order for the purposes of Division 5 of Part 8; and\n\n(b) the assessment order continues in force until it expires or is revoked under section 199 or 199A.\n\nNew s. 241 inserted by No. 19/2019 s. 125, repealed by No. 23/2006 s. 241(4).\n\nS. 242 inserted by No. 19/2019 s. 144.\n\n","sortOrder":288},{"sectionNumber":"242","sectionType":"section","heading":"Long Term Residential Program taken to be residential treatment facility","content":"\t242 Long Term Residential Program taken to be residential treatment facility\n\n(1) On and from 30 June 2020 the premises known as the \"Long Term Residential Program\" is taken to be a long-term residential treatment facility.\n\n(2) Despite anything to the contrary in section 152(1), a person residing at the Long Term Residential Program immediately before 30 June 2020 is taken to be admitted to the residential treatment facility known as \"Long Term Residential Program\" on that day for a period not exceeding 12 months.\n\n(3) On and from 30 June 2020, sections 156, 157 and 158 are taken to apply to a person referred to in subsection (2) and residing at the residential treatment facility known as \"Long Term Residential Program\" despite the person not being subject to an order referred to in section 152(2).\n\nDiv. 5 (Heading and ss 243–245) inserted by No. 34/2020 s. 196.\n\nDivision 5—Transitional provisions—Worker Screening Act 2020\n\nS. 243 inserted by No. 34/2020 s. 196.\n\n","sortOrder":289},{"sectionNumber":"243","sectionType":"section","heading":"Definition","content":"\t243 Definition\n\n***commencement day*** means the day on which the **Worker Screening Act 2020** comes into operation.\n\nS. 244 inserted by No. 34/2020 s. 196.\n\n","sortOrder":290},{"sectionNumber":"244","sectionType":"section","heading":"Transfer of information to Secretary to the Department of Justice and Community Safety","content":"\t244 Transfer of information to Secretary to the Department of Justice and Community Safety\n\nOn the commencement day, the Secretary must provide to the Secretary to the Department of Justice and Community Safety information that is sufficient to identify any person who, before the commencement of the **Worker Screening Act 2020**, had been assessed by the Secretary as posing an unacceptable risk to persons with a disability or NDIS participants.\n\nS. 245 inserted by No. 34/2020 s. 196.\n\n","sortOrder":291},{"sectionNumber":"245","sectionType":"section","heading":"Continuation of safety screening requirements for notifications about persons providing services to NDIS participants","content":"\t245 Continuation of safety screening requirements for notifications about persons providing services to NDIS participants\n\n(1) This section applies if, immediately before the commencement day—\n\n(a) a person had a safety screening that was current in accordance with the safety screening requirements; and\n\n(b) a notification or complaint had been made to the Secretary that is relevant to that person's suitability to provide services under the NDIS to NDIS participants; and\n\n(c) the complaint or notification had not been finally dealt with in accordance with the safety screening requirements.\n\n(2) Despite the amendment of this Act by section 194 of the **Worker Screening Act 2020**—\n\n(a) the Secretary may investigate the complaint or notification; and\n\n(b) the safety screening requirements continue to apply for 3 months after the commencement day to the extent necessary to enable the notification or complaint to be investigated.\n\n***safety screening requirements*** means the safety screening requirements for persons employed or engaged, or to be employed or engaged, by registered NDIS providers for the purpose of providing services to NDIS participants set out in the safety screening policy issued by the Secretary, as in force immediately before the commencement day.\n\nPt 10 Div. 6 (Heading and ss 246–260) inserted by No. 9/2023 s. 84.\n\nDivision 6—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023\n\nS. 246 inserted by No. 9/2023 s. 84.\n\n","sortOrder":292},{"sectionNumber":"246","sectionType":"section","heading":"Definition","content":"\t246 Definition\n\n***commencement day*** means the day on which Division 1 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation.\n\nS. 247 inserted by No. 9/2023 s. 84.\n\n","sortOrder":293},{"sectionNumber":"247","sectionType":"section","heading":"Authorised Program Officers","content":"\t247 Authorised Program Officers\n\nIf immediately before the commencement day a person was an Authorised Program Officer under an appointment or approval by the Secretary, on and from the commencement day the Senior Practitioner is taken to have approved the appointment under section 132ZJ.\n\nS. 248 inserted by No. 9/2023 s. 84.\n\n","sortOrder":294},{"sectionNumber":"248","sectionType":"section","heading":"Decisions as to disability","content":"\t248 Decisions as to disability\n\nIf immediately before the commencement day, a decision under section 50 as to whether a person has a disability is in effect, on and from the commencement day that decision is taken to have been made in accordance with section 50 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\nS. 249 inserted by No. 9/2023 s. 84.\n\n","sortOrder":295},{"sectionNumber":"249","sectionType":"section","heading":"Approval of accommodation","content":"\t249 Approval of accommodation\n\nOn and from the commencement day, the Senior Practitioner may approve accommodation under section 187 as substituted by the **Disability and Social Services Regulation Amendment Act 2023** for a person in respect of whom a supervised treatment order, or an application for a supervised treatment order, was made before the commencement day.\n\nS. 250 inserted by No. 9/2023 s. 84.\n\n","sortOrder":296},{"sectionNumber":"250","sectionType":"section","heading":"Pending applications and requests","content":"\t250 Pending applications and requests\n\n(1) If, immediately before the commencement day, an application for a supervised treatment order under section 191 is before VCAT, on and from the commencement day—\n\n(a) the application is taken to be an application made in accordance with section 191 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**; and\n\n(b) this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to the determination of the application; and\n\n(c) unless VCAT otherwise orders, the applicant is not required to provide any additional information required under section 191A(1), (2) or (3); and\n\n(d) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the supervised treatment order is taken to be the primary service provider for the person in respect of whom the application is made; and\n\n(e) for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) before the commencement day—\n\n(i) is taken to be a certificate under section 191A(1) as substituted by the **Disability and Social Services Regulation Amendment Act 2023**; and\n\n(ii) is taken to relate to accommodation of a type specified in section 191(1)(b) as substituted by that Act.\n\n(a) this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 194 that is before VCAT immediately before the commencement day; and\n\n(b) this Act as in force immediately before the commencement day continues to apply in respect of an application under section 196A that is before VCAT immediately before the commencement day; and\n\n(c) this Act as in force immediately before the commencement day continues to apply in respect of—\n\n(i) a request for a decision under section 50(1) that is not determined immediately before the commencement day; and\n\n(ii) an application for a review under section 50(7) that is not determined immediately before the commencement day; and\n\n(d) subject to subsection (3), this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 196 that is before VCAT immediately before the commencement day.\n\n(3) Section 196(4C) and (4D) do not apply in respect of an application under section 196 that is before VCAT immediately before the commencement day.\n\n(4) Subject to subsection (5), on and from the commencement day, this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to an application under section 197 that is before VCAT immediately before the commencement day if that application is for a rehearing of—\n\n(a) an application under section 191(1); or\n\n(b) an application under section 196(1).\n\n(5) Section 197(7)(c) and (d) do not apply in respect of an application under section 197 described in subsection (4) that is before VCAT immediately before the commencement day.\n\n(6) If an application under section 197 that is before VCAT immediately before the commencement day for a rehearing of an application under section 196A(1), on and from the commencement day—\n\n(a) this Act as in force immediately before the commencement day (other than section 196A(3) as in force immediately before that day) continues to apply in respect of the application; and\n\n(b) section 196A(3) as in force immediately before the commencement day applies in respect of the application as if a reference to \"section 191(1) or (1A)\" were a reference to \"sections 191(1)(a) to (c) and 193(1A) as in force on and from the day on which Division 1 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation\".\n\n(7) On and from the commencement day, section 198(1) applies to a rehearing of an application under section 191(1) or 196(1) as if a reference to \"at first instance\" were a reference to \"under this Act as in force on and from the commencement day\" in the following circumstances—\n\n(a) the application under section 197 for the rehearing was made before the commencement day;\n\n(b) the application under section 197 for the rehearing was made on or after the commencement day and the application under section 191(1) or 196(1) was made before the commencement day.\n\nS. 251 inserted by No. 9/2023 s. 84.\n\n","sortOrder":297},{"sectionNumber":"251","sectionType":"section","heading":"Supervised treatment orders","content":"\t251 Supervised treatment orders\n\n(1) If a supervised treatment order is in force immediately before the commencement day, on and from the commencement day the disability service provider or registered NDIS provider that appointed the Authorised Program Officer stated in the order as being responsible for the implementation of the order is taken to be the primary service provider for the person in respect of whom that application was made.\n\n(2) Subject to subsection (3), on and from the commencement day, this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies to a supervised treatment order or an interim supervised treatment order that is in force immediately before the commencement day.\n\n(3) A supervised treatment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.\n\nS. 252 inserted by No. 9/2023 s. 84.\n\n","sortOrder":298},{"sectionNumber":"252","sectionType":"section","heading":"Treatment plans","content":"\t252 Treatment plans\n\n(1) If immediately before the commencement day a treatment plan is in force for a person—\n\n(a) who is subject to a supervised treatment order; or\n\n(b) in respect of whom an application for a supervised treatment order has been made—\n\non and from the commencement day, that treatment plan is taken to be the person's treatment plan under section 189 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(2) If immediately before the commencement day a treatment plan to which an NDIS behaviour support plan is attached is in force for an NDIS participant—\n\n(a) who is subject to a supervised treatment order; or\n\n(b) in respect of whom an application for a supervised treatment order has been made—\n\non and from the commencement day the treatment plan and the NDIS behaviour support plan are together taken to be the NDIS participant's treatment plan under section 189 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\nS. 253 inserted by No. 9/2023 s. 84.\n\n","sortOrder":299},{"sectionNumber":"253","sectionType":"section","heading":"Guidelines, directions and standards","content":"\t253 Guidelines, directions and standards\n\n(1) On and from the commencement day, any directions issued under section 135(6) or 186(6) before the commencement day are taken to be directions issued under section 132ZO as amended by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(2) On and from the commencement day, any guidelines or directions issued under section 132ZY, 147A or 150 before the commencement day are taken to be guidelines or directions (as the case requires) issued under section 146 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(3) On and from the commencement day, any guidelines, directions or standards issued under section 201FA, 201H or 201I before the commencement day are taken to be guidelines, directions or standards (as the case requires) issued under section 201H as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\nS. 254 inserted by No. 9/2023 s. 84.\n\n","sortOrder":300},{"sectionNumber":"254","sectionType":"section","heading":"Offences","content":"\t254 Offences\n\nIf an offence against this Act is alleged to have been committed between 2 dates, one before and one after the commencement day, the offence is alleged to have been committed before the commencement day.\n\nS. 255 inserted by No. 9/2023 s. 84.\n\n","sortOrder":301},{"sectionNumber":"255","sectionType":"section","heading":"Regulated restrictive practices","content":"\t255 Regulated restrictive practices\n\n(1) If immediately before the commencement day an authorisation under section 132ZR(1) for the use of a regulated restrictive practice is in force, on and from the commencement day that authorisation is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(2) If immediately before the commencement day a behaviour support plan is in force that includes the approved use of a regulated restrictive practice under section 145, on and from the commencement day that approval is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(3) If immediately before the commencement day an approval under section 132ZV or 145A is in force, on and from the commencement day that approval is taken to be an approval for the use of the regulated restrictive practice under section 143 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\n(4) Subject to subsection (5), if immediately before the commencement day a person could apply to VCAT for a review of a decision under section 132ZW or 146, on and from the commencement day—\n\n(a) the decision to be reviewed is taken to be a decision under section 136 or 143 (as the case requires) as substituted by the **Disability and Social Services Regulation Amendment Act 2023**; and\n\n(b) the person may apply for a review of that decision under section 144 as substituted by that Act.\n\n(5) The person must apply for a review under subsection (4) within 28 days after the day on which the person is notified of the decision.\n\n(6) On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of an application under section 132ZW or 146 that is before VCAT immediately before the commencement day.\n\nS. 256 inserted by No. 9/2023 s. 84.\n\n","sortOrder":302},{"sectionNumber":"256","sectionType":"section","heading":"Behaviour support plans","content":"\t256 Behaviour support plans\n\nIf immediately before the commencement day a behaviour support plan is in place under section 141, on and from the commencement day that plan is taken to be a behaviour support plan under section 138 as substituted by the **Disability and Social Services Regulation Amendment Act 2023**.\n\nS. 257 inserted by No. 9/2023 s. 84.\n\n","sortOrder":303},{"sectionNumber":"257","sectionType":"section","heading":"Public Advocate reports","content":"\t257 Public Advocate reports\n\nIf a report is made under section 132ZS(4) or 143(2) before the commencement day, on and from the commencement day—\n\n(a) in the case of a report made more than 28 days before the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of the report; or\n\n(b) in the case of a report made within 28 days before the commencement day, this Act as amended by the **Disability and Social Services Regulation Amendment Act 2023** applies in respect of the report.\n\nS. 258 inserted by No. 9/2023 s. 84.\n\n","sortOrder":304},{"sectionNumber":"258","sectionType":"section","heading":"Security conditions","content":"\t258 Security conditions\n\n(1) This section applies if, immediately before the commencement day, a security condition that is a restrictive practice was imposed on the residents of a residential treatment facility under section 159(1).\n\n(2) Despite section 159A, the approval of the security condition by the Secretary is not required until 30 days after the commencement day.\n\nS. 259 inserted by No. 9/2023 s. 84.\n\n","sortOrder":305},{"sectionNumber":"259","sectionType":"section","heading":"Residential statements","content":"\t259 Residential statements\n\nOn and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of a residential statement that is in effect immediately before the commencement day until the earlier of the following—\n\n(a) the end of the period to which the residential statement relates specified under section 57(2)(a);\n\n(b) the day that is 12 months after the commencement day.\n\nS. 260 inserted by No. 9/2023 s. 84, repealed by No. 23/2006 s. 260(4).\n\nS. 261 inserted by No. 9/2023 s. 107.\n\n","sortOrder":306},{"sectionNumber":"261","sectionType":"section","heading":"Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information","content":"\t261 Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information\n\nOn and from the day Subdivision 3 of Division 2 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation,  Part 8A applies to any protected information collected before that day that is disclosed, used or transferred after that day.\n\nS. 262 inserted by No. 9/2023 s. 131.\n\n","sortOrder":307},{"sectionNumber":"262","sectionType":"section","heading":"Residential treatment facilities","content":"\t262 Residential treatment facilities\n\n(1) If immediately before the day on which Part 3 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation a residential treatment facility is classified as a short-term residential treatment facility or a long-term residential treatment facility, on and from that day the facility is taken to be a residential treatment facility without further classification.\n\n(2) The facility operated by the Secretary immediately before the day on which Part 3 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation known as the Intensive Residential Treatment Program of the Statewide Forensic Service is taken, on and from that day, to be a residential treatment facility without further classification.\n\nS. 263 inserted by No. 9/2023 s. 131.\n\n","sortOrder":308},{"sectionNumber":"263","sectionType":"section","heading":"Secretary must assess existing long-term residents in residential treatment facilities","content":"\t263 Secretary must assess existing long-term residents in residential treatment facilities\n\n(1) If a person has been admitted to a residential treatment facility for a period of 5 or more years as at the day on which Part 3 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation, the Secretary, within 12 months of that day, must assess the person's circumstances to determine whether the person continues to meet the criteria under section 152(1) (as amended by Part 3 of the **Disability and Social Services Regulation Amendment Act 2023**) for admission to the facility.\n\n(2) If the Secretary determines under subsection (1) that the person does not meet the relevant criteria, the Secretary may, if the person is subject to an order specified in section 152(2), allow the person to continue to reside  at the residential treatment facility—\n\n(a) for a period of up to 6 months from the day of the determination; or\n\n(b) if the person is subject to a custodial supervision order made under section 26 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** requiring the person to be detained at the facility, until the order is varied.\n\n(3) If the Secretary allows the person to continue to reside  at the residential treatment facility under subsection (2), the Secretary must notify the person, body or court who made the order requiring the person to reside at the facility of that matter.\n\nPt 10 Div. 7 (Heading and ss 264–268) inserted by No. 9/2023 s. 97.\n\nDivision 7—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023—Residential tenancies\n\nS. 264 inserted by No. 9/2023 s. 97.\n\n","sortOrder":309},{"sectionNumber":"264","sectionType":"section","heading":"Definition","content":"\t264 Definition\n\n***commencement day*** means the day on which Division 2 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation.\n\nS. 265 inserted by No. 9/2023 s. 97.\n\n","sortOrder":310},{"sectionNumber":"265","sectionType":"section","heading":"Supervised treatment orders and interim supervised treatment orders","content":"\t265 Supervised treatment orders and interim supervised treatment orders\n\n(1) This section applies to a person if, immediately before the commencement day—\n\n(a) the person is subject to a supervised treatment order or an interim supervised treatment order; and\n\n(b) the person resides in a residential service that is a group home or an SDA enrolled dwelling.\n\n(a) the supervised treatment order or interim supervised treatment order is taken to comply with section 193(3)(b); and\n\n(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who is specified in the order or, in the case of an interim supervised treatment order, who applied for the order is taken to be the primary service provider for the person subject to the order.\n\nS. 266 inserted by No. 9/2023 s. 97.\n\n","sortOrder":311},{"sectionNumber":"266","sectionType":"section","heading":"Pending applications","content":"\t266 Pending applications\n\n(1) This section applies if, immediately before the commencement day—\n\n(a) an application for a supervised treatment order or an interim supervised treatment order is before VCAT; and\n\n(b) the person in respect of whom the application is made resides in a residential service that is a group home or an SDA enrolled dwelling.\n\n(a) the application is taken to be an application made in accordance with section 191; and\n\n(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the order is taken to be the primary service provider for the person in respect of whom the application is made.\n\n(3) On and from the commencement day, for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) as in force immediately before the day on which Division 1 of Part 2 of the **Disability and Social Services Regulation Amendment Act 2023** comes into operation—\n\n(a) is taken to be a certificate under section 191A(1); and\n\n(b) is taken to relate to accommodation of a type specified in section 191(1)(b).\n\nS. 267 inserted by No. 9/2023 s. 97.\n\n","sortOrder":312},{"sectionNumber":"267","sectionType":"section","heading":"Assessment orders","content":"\t267 Assessment orders\n\n(1) This section applies if, immediately before the commencement day, an assessment order is in force in respect of a person who resides in a residential service that is a group home or an SDA enrolled dwelling.\n\n(a) the assessment order is taken to enable the person in respect of whom the order is made to be detained in an SDA dwelling to enable a treatment plan to be prepared for that person; and\n\n(b) the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the assessment order is taken to be the primary service provider for the person in respect of whom the order is made.\n\n(3) An assessment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.\n\nS. 268 inserted by No. 9/2023 s. 97.\n\n","sortOrder":313},{"sectionNumber":"268","sectionType":"section","heading":"Savings provisions—Division 2 of Part 5","content":"\t268 Savings provisions—Division 2 of Part 5\n\n(1) Despite the repeal of Division 2 of Part 5 by the **Disability and Social Services Regulation Amendment Act 2023**, that Division as in force immediately before that repeal continues to apply to a notice, possession order or warrant of possession specified in subsection (2) that was given or obtained before the commencement day.\n\n(2) For the purposes of subsection (1), the following are specified—\n\n(a) a notice of increase given under section 66;\n\n(b) a notice of temporary relocation given under section 74;\n\n(c) a notice to vacate given under section 76;\n\n(d) a notice of intention to vacate given under section 80;\n\n(e) a notice of withdrawal given under section 81;\n\n(f) a possession order made under section 84;\n\n(g) a warrant of possession issued under section 85.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 1 March 2006*\n\n*Legislative Council: 4 April 2006*\n\nThe long title for the Bill for this Act was \"to enact a new legislative scheme for persons with a disability, to repeal the **Intellectually Disabled Persons' Services Act 1986** and the **Disability Services Act 1991**, to amend certain other Acts and for other purposes.\"\n\nThe **Disability Act 2006** was assented to on 16 May 2006 and came into operation as follows:\n\nSections 1, 2 on 17 May 2006: section 2(1); rest of Act on 1 July 2007: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Disability Act 2006** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Disability Act 2006, No. 23/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 241(4) inserted on 1.7.19 by No. 19/2019 s. 125: Special Gazette (No. 254) 25.6.19 p. 1; s. 260(4) inserted on 24.5.23 by No. 9/2023 s. 84: s. 2(1) |\n| Note: | S. 241(4) repealed s. 241 on 1.7.21; s. 260(4) repealed s. 260 on 24.5.25 |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 26) on 11.10.06: s. 2(1) |\n\n**Health Professions Registration Amendment Act 2007, No. 25/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 34 on 27.6.07: s. 2(1) |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 16), (Sch. Pt 2 item 19) on 1.1.10: s. 2(2) |\n\n**Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009**\n\n| Assent Date: | 1.12.09 |\n| Commencement Date: | S. 10 on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 219(Sch. 3 item 1) on 1.1.10: Government Gazette 24.12.09 p. 3397 |\n\n**Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 51(Sch. item 19) on 1.7.10: s. 2(2) |\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| Assent Date: | 8.6.10 |\n| Commencement Date: | S. 11 on 23.6.10; ss 7–10, 12 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 28) on 22.6.11: s. 2(1) |\n\n**Serious Sex Offenders (Detention and Supervision) Amendment Act 2011, No. 83/2011**\n\n| Assent Date: | 21.12.11 |\n| Commencement Date: | S. 18 on 1.3.12: Special Gazette (No. 45) 21.2.12 p. 1 |\n\n**Carers Recognition Act 2012, No. 10/2012**\n\n| Assent Date: | 20.3.12 |\n| Commencement Date: | S. 14 on 1.7.12: s. 2(2) |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 11) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n\n**Disability Amendment Act 2012, No. 22/2012**\n\n| Assent Date: | 8.5.12 |\n| Commencement Date: | Ss 4–83 on 1.7.12: s. 2(2) |\n\n**Co-operatives National Law Application Act 2013, No. 9/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | S. 42(Sch. 2 item 8) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |\n\n**Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | S. 55 on 14.3.13: s. 2 |\n\n**Disability Amendment Act 2013, No. 75/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | 18.12.13: s. 2 |\n| Current State: | All of Act in operation |\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| *Commencement Date:* | S. 455(Sch. item 35) on 1.7.14: s. 2(1) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 45) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | S. 146 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n\n**Powers of Attorney Act 2014, No. 57/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | S. 151 on 1.9.15: s. 2(2) |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| *Assent Date:* | 2.9.14 |\n| *Commencement Date:* | S. 140(Sch. 3 item 12) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n\n**Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014**\n\n| *Assent Date:* | 9.9.14 |\n| *Commencement Date:* | Ss 12, 13 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| *Assent Date:* | 23.9.14 |\n| *Commencement Date:* | S. 147(Sch. 2 item 14) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n\n**Justice Legislation Further Amendment Act 2016, No. 3/2016**\n\n| Assent Date: | 16.2.16 |\n| Commencement Date: | S. 93 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 |\n\n**Health Complaints Act 2016, No. 22/2016**\n\n| *Assent Date:* | 3.5.16 |\n| *Commencement Date:* | Ss 169, 170 on 1.2.17: s. 2(2) |\n\n**Medical Treatment Planning and Decisions Act 2016, No. 69/2016**\n\n| Assent Date: | 29.11.16 |\n| Commencement Date: | S. 156 on 12.3.18: s. 2(2) |\n\n**Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017**\n\n| Assent Date: | 28.2.17 |\n| Commencement Date: | S. 15 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 |\n\n**Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017**\n\n| *Assent Date:* | 16.5.17 |\n| *Commencement Date:* | S. 134(Sch. 1 item 6) on 1.9.17: s. 2(3) |\n\n**Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017**\n\n| *Assent Date:* | 14.6.17 |\n| *Commencement Date:* | S. 35 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 |\n\n**Disability Amendment Act 2017, No. 33/2017**\n\n| Assent Date: | 15.8.17 |\n| Commencement Date: | Ss 4–32 on 16.8.17: s. 2 |\n\n**Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017**\n\n| Assent Date: | 8.11.17 |\n| Commencement Date: | S. 48 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**[[2]](#endnote-3)\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 40) on 1.3.19: s. 2(2) |\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | Ss 351(Sch. 4 cl. 20), 358 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n\n**Disability Service Safeguards Act 2018, No. 38/2018**\n\n| Assent Date: | 28.8.18 |\n| Commencement Date: | Ss 311–314 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 12) on 1.3.20: s. 2(2) |\n\n**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**\n\n| Assent Date: | 25.6.19 |\n| Commencement Date: | Ss 4–17 on 26.6.19: s. 2(1); ss 18–125 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 145(1)−(3) on 2.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 126–144, 145(4), 146 on 1.7.20: s. 2(4) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 23.3) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 23.1, 23.2) on 24.10.20: s. 2(3)(f) |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | Ss 193−196 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n\n**Social Services Regulation Act 2021, No. 37/2021** (as amended by Nos 40/2022, 9/2023)\n\n| Assent Date: | 21.9.21 |\n| Commencement Date: | Ss 353(1)–(3), 354–358, 360A, 361–369, 390 on 1.7.24: s. 2(2); s. 353(4) never proclaimed, repealed by No. 9/2023 s. 247; s. 359 never proclaimed, repealed by No. 9/2023 s. 249; s. 360 never proclaimed, repealed by No. 9/2023 s. 260(1) |\n\n**Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022**\n\n| Assent Date: | 15.2.22 |\n| Commencement Date: | S. 88 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| Assent Date: | 29.3.22 |\n| *Commencement Date:* | S. 72 on 30.3.22: s. 2(3) |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023)\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 821 on 1.9.23: s. 2(2) |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | Ss 3–84 on 24.5.23: s. 2(1); ss 103–107 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1; ss 85–102, 108–131 on 1.7.24: s. 2(3) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Section 128 (*repealed*): The amendment proposed by section 35 of the **Family Violence Protection Amendment (Information Sharing) Act 2017**, No. 23/2017  (*repealed*) is not included in this publication due to the earlier repeal of section 128 by section 27 of the **Disability Amendment Act 2017**, No. 33/2017 (*repealed*).\n\n  Section 35 read as follows:\n\n  35 Disability Act 2006\n\n  At the foot of sections 36 and 128 of the **Disability Act 2006 insert**—\n\n  \"**Note**\n\n  See also Part 5A of the **Family Violence Protection Act 2008** in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.\". [↑](#endnote-ref-2)\n\n2. Table of Amendments (**Oaths and Affirmations Act 2018**): The amendment proposed by section 68(Schedule 2 item 40) of the **Oaths and Affirmations Act 2018**, No. 6/2018 is not included in this publication due to the earlier repeal of section 124 by section 23 of the **Disability Amendment Act 2017**, No. 33/2017 (*repealed*).\n\n  Section 68(Schedule 2 item 40) read as follows:\n\n","sortOrder":314},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Further consequential amendments","content":"  Schedule 2—Further consequential amendments\n\n","sortOrder":315},{"sectionNumber":"40","sectionType":"section","heading":"Disability Act 2006","content":"  40 Disability Act 2006\n\n  40.1 In section 124(5), after \"oath or\" **insert** \"by\". [↑](#endnote-ref-3)","sortOrder":316}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2006 Act replaced earlier intellectual disability and disability services legislation with a state-focused rights framework. Its scope has grown significantly beyond that intent through 2019 and 2023 amendments: it now integrates with the national NDIS (extending to NDIS participants and DSOA clients), regulates restrictive practices across both state and Commonwealth-funded services (Parts 7–8), adds detailed oversight via the Senior Practitioner and Commissioner (including initiated investigations in Part 6), and incorporates residential tenancy rules for SDA dwellings. This evolution reflects the NDIS transition but has made the Act a hybrid state-national safeguard statute far broader than its initial purposes in ss 1 and 4."},"complexity_factors":["Over 60 defined terms in s 3, many cross-referencing other Acts (e.g. NDIS Act, Residential Tenancies Act 1997, Guardianship and Administration Act 2019)","Nested subdivisions across 10 Parts (e.g. Part 6 has 9 Divisions with sub-divisions on investigations, some newly inserted by 2017/2019/2023 amendments)","Heavy conditional logic for restrictive practices (e.g. ss 135–149 require authorisation, approval, behaviour support plans, independent person involvement, and reporting)","Multiple review pathways (VCAT reviews under ss 50A, 144, 155, 196, 199A) and overlapping duties between Secretary, Senior Practitioner, Commissioner, and providers","Extensive transitional provisions (Divisions 1–7 of Part 10) from successive amendments, including NDIS integration and 2023 changes to residential tenancies"],"plain_english_summary":"**The Disability Act 2006** sets out a rights-based framework for supporting people with disabilities in Victoria. It requires government and service providers to promote inclusion, respect dignity, and provide high-quality services while protecting against abuse, neglect, and unnecessary restrictions.\n\nIt affects:\n- **People with disabilities** (including intellectual disabilities or developmental delays), their families, carers, and guardians.\n- **Service providers** delivering disability supports, residential services, or NDIS-funded help (including registered NDIS providers and those supporting older Australians under the Disability Support for Older Australians program).\n- **Oversight bodies** like the Disability Services Commissioner, Senior Practitioner, community visitors, and the Victorian Disability Advisory Council.\n\nKey rules include:\n- **Access to services**: A clear process for assessing needs and planning supports (ss 49–51).\n- **Residential rights**: Rules for living arrangements, privacy, entry to rooms, and ending residency (Part 5).\n- **Money management**: Strict rules on handling residents' funds via a trust fund (ss 90–96).\n- **Complaints and accountability**: Independent investigation of issues, with powers to conciliate, investigate, and require fixes (Part 6).\n- **Restrictive practices and treatment**: Tight controls on restraints, seclusion, or compulsory treatment—only allowed with approvals, behaviour support plans, and oversight to ensure it's the least restrictive option (Parts 7–8).\n- **Principles**: Services must maximise choice, independence, and community participation while balancing safety (s 5).\n\nIt matters because it shifts from old institutional models to modern, person-centred support, aligns Victoria with the National Disability Insurance Scheme (NDIS), and gives vulnerable people strong legal protections against coercion or poor care. Breaches can lead to penalties, VCAT reviews, or loss of funding."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act was drafted before the NDIS existed. Over time, a significant portion of its practical scope — particularly service funding and delivery standards — has shifted to the Commonwealth NDIS framework. The Act now operates primarily for services outside NDIS coverage and retains particular relevance for compulsory treatment provisions, meaning its real-world application is narrower than when originally enacted."},"complexity_factors":["Covers multiple distinct legal regimes within one Act — civil rights, compulsory treatment, service registration, and complaints mechanisms","Compulsory treatment and supervision order provisions involve complex procedural and rights-based legal frameworks","Interaction with Commonwealth NDIS legislation creates jurisdictional complexity","Restrictive intervention (restraint) provisions require navigation of medical, ethical, and legal standards","Multiple oversight bodies and regulatory actors with overlapping responsibilities","Significant amendment history (consolidated version indicates numerous changes since 2006)","Balancing of competing principles — individual autonomy vs. duty of care — requires careful legal interpretation","Definitions of 'disability' and related terms carry significant legal weight and are not always straightforward"],"plain_english_summary":"## Disability Act 2006 (Victoria)\n\nThis is Victoria's primary law governing the rights, support, and treatment of people with a disability. It establishes a framework for how disability services are delivered, regulated, and overseen across the state.\n\n**Who does this affect?**\n- People living with a disability in Victoria\n- Their families and carers\n- Disability service providers (organisations and individuals delivering support)\n- Government agencies responsible for funding and overseeing disability services\n\n**What does it do?**\n- Sets out the **rights of people with a disability** to receive appropriate support and be treated with dignity\n- Regulates **compulsory treatment** — meaning in limited circumstances, a person with a disability (particularly an intellectual disability) can be subject to treatment or supervision orders even without full consent, with legal safeguards built in\n- Establishes rules for **residential services** (group homes and supported accommodation)\n- Creates oversight mechanisms including the **Disability Services Commissioner** to handle complaints\n- Sets standards for **registered disability service providers** including registration requirements and quality obligations\n- Contains rules around **restrictive interventions** (physical or chemical restraints used on people with a disability), requiring authorisation and oversight\n\n**Why does it matter?**\nThis law directly shapes the day-to-day lives of some of Victoria's most vulnerable residents. It balances individual rights and autonomy against safety and duty-of-care obligations. It has been partially superseded by the **NDIS (National Disability Insurance Scheme)** framework, but remains relevant for services not covered by the NDIS and for compulsory treatment provisions."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2006 version. Originally focused on state-run disability services, it now incorporates the NDIS (National Disability Insurance Scheme) and covers NDIS participants, DSOA clients, and registered NDIS providers. Major amendments in 2017, 2019, and 2023 added extensive new parts on Authorised Program Officers, restrictive practices, compulsory treatment, and information sharing. The scope now includes detailed regulation of behaviour support plans, supervised treatment orders, and oversight of both state and Commonwealth-funded services."},"complexity_factors":["Extensive definitions section (over 50 defined terms in s.3, including cross-references to other Acts)","Very long document (over 350 pages in the version provided) with multiple parts, divisions, and subdivisions","Frequent cross-referencing within the Act and to external legislation (NDIS Act, Residential Tenancies Act, etc.)","Nested conditional logic in authorisation and approval processes (e.g., restrictive practices require both Authorised Program Officer authorisation and Senior Practitioner approval for certain types)","Multiple oversight bodies with overlapping functions (Secretary, Senior Practitioner, Disability Services Commissioner, Community Visitors Board, Public Advocate)","Numerous transitional provisions spanning different amendment Acts (seven divisions in Part 10)","Complex complaint and investigation processes (multiple types: complaints, initiated investigations, referral investigations, follow-up investigations)","Emergency provisions and exceptions that modify normal procedures"],"plain_english_summary":"This Act sets out the legal framework for disability services in Victoria. It covers who can get services, the rights of people with disabilities, and how services are run and monitored. It creates several oversight bodies: the Disability Services Commissioner (handles complaints and investigations), the Senior Practitioner (oversees restrictive practices and compulsory treatment), and community visitors (inspect services). Key areas include:\n\n- **Accessing services**: People can apply for disability services, and the Secretary decides if they have a disability based on criteria. There is a right to review decisions at VCAT.\n- **Residential services**: People living in supported accommodation have specific rights (e.g., privacy, safety) and duties (e.g., pay charges). The Act sets out how and when staff can enter a resident’s room.\n- **Restrictive practices (e.g., seclusion, restraint)**: These can only be used with authorisation from an Authorised Program Officer and, for certain types, approval from the Senior Practitioner. Behaviour support plans must be in place. Emergency use is allowed but must be reported.\n- **Compulsory treatment**: People with intellectual disability who pose a serious risk may be detained in a residential treatment facility under specific orders (e.g., supervised treatment orders or court orders). Treatment plans must be prepared and regularly reviewed.\n- **Oversight**: The Act establishes the Disability Services Commissioner to investigate complaints and conduct system reviews. The Senior Practitioner monitors restrictive practices and compulsory treatment. Community visitors inspect residential services and other accommodation.\n- **Information sharing**: The Act allows disclosure of information for NDIS purposes and to other oversight bodies.\n\nThe Act applies to disability service providers, NDIS providers, and registered NDIS providers. It interacts with the National Disability Insurance Scheme (NDIS) and other laws."}},"importantCases":[],"_links":{"self":"/api/acts/disability-act-2006","history":"/api/acts/disability-act-2006/history","analysis":"/api/acts/disability-act-2006/analysis","conflicts":"/api/acts/disability-act-2006/conflicts","importantCases":"/api/acts/disability-act-2006/important-cases","documents":"/api/acts/disability-act-2006/documents"}}