{"id":"sr:disability-regulations-2018","name":"Disability Regulations 2018","slug":"disability-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183307,"registerId":"vic-sr:disability-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Regulations 2018","content":"Version No. 002\n\n**Disability Regulations 2018**\n\n**S.R. No. 74/2018**\n\nVersion incorporating amendments as at  \n1 July 2020\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocations 2\n\n5 Definitions 2\n\n6 Exempt service provider 3\n\n7 Prescribed service provider 3\n\n8 Public sector bodies 3\n\nPart 2—Financial matters 6\n\n9 Relevant prescribed amount for residential charge 6\n\n10 Management of money of a resident 6\n\n11 Limit on amount held 6\n\nPart 3—Treatment and fees 7\n\n12 Approval to use restrictive interventions 7\n\n13 Approval to use supervised treatment 7\n\n14 Fees for residents in residential institutions 8\n\nPart 4—Community visitors 9\n\nDivision 1—Election of community visitors to the Community Visitors Board 9\n\n15 When elections must be held 9\n\n16 Returning officer to be appointed 9\n\n17 Notice of an election 10\n\n18 Information in notice 10\n\n19 Nomination and polling days 10\n\n20 Method of nominating 10\n\n21 Form of nomination paper 11\n\n22 Withdrawal of nomination 11\n\nDivision 2—Conduct of election 12\n\n23 Contested election 12\n\n24 Order of names on ballot paper 12\n\n25 Distribution of ballot papers 12\n\n26 Candidate's personal statement 13\n\n27 Method of voting 13\n\n28 Manner of lodging vote 14\n\n29 Receipt of reply paid return envelopes 14\n\n30 Invalid votes 15\n\n31 Method of counting votes and declaration of result 15\n\n32 Recounts 15\n\n33 Disputes 15\n\n34 Notification of the election results 16\n\n35 Custody of election papers 16\n\nDivision 3—Casual vacancies 16\n\n36 Method for filling casual vacancies 16\n\nDivision 4—Record of visits by community visitors 17\n\n37 Prescribed particulars for record of visits 17\n\nDivision 5—Transitional provision 18\n\n38 Transitional provision for the Community Visitors Board 18\n\nPart 5—Disclosure, use and transfer of information 19\n\n39 Disclosure of information for the purposes of the National Disability Insurance Scheme 19\n\n40 Use, disclosure and transfer of information for or with respect to the National Disability Insurance Scheme 19\n\n41 Disclosure of information by the Disability Services Commissioner 19\n\nSchedule 1—Record of visits by community visitors 21\n\n═════════════\n\nEndnotes 22\n\n1 General information 22\n\n2 Table of Amendments 24\n\n3 Amendments Not in Operation 25\n\n4 Explanatory details 26\n\n**Version No.** **002**\n\n**Disability Regulations 2018**\n\n**S.R. No. 74/2018**\n\nVersion incorporating amendments as at  \n1 July 2020\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) a regulated service provider as an exempt service provider for the purposes of the definition of ***exempt service provider*** in section 3(1) of the **Disability Act 2006**; and\n\n(b) a service provider as a prescribed service provider for the purposes of the definition of ***prescribed service provider*** in section 3(1) of that Act; and\n\n(c) statutory authorities and statutory corporations as public sector bodies for the purposes of section 38(6) of that Act; and\n\n(d) monetary limits for residential charges in relation to the provision of certain disability services under that Act; and\n\n(e) the details required in an application for approval to use restrictive interventions or supervised treatment under that Act; and\n\n(f) a form to record visits by community visitors under that Act; and\n\n(g) the procedure for the election of community visitors to the Community Visitors Board under that Act; and\n\n(h) the persons with whom the Disability Services Commissioner may share information acquired under that Act; and\n\n(i) the persons or bodies to whom information may be disclosed under section 39(6) of that Act for the purposes of the NDIS; and\n\n(j) other matters required to be prescribed under that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 221 of the **Disability Act 2006**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 24 June 2018.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Disability Regulations 2007[[1]](#endnote-2);\n\n(b) the Disability Amendment Regulations 2009[[2]](#endnote-3);\n\n(c) the Disability Further Amendment Regulations 2009[[3]](#endnote-4).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Commonwealth disability support pension*** means a pension paid in accordance with Part 2.3 of the Social Security Act 1991  of the Commonwealth;\n\n***Commonwealth rent assistance*** means an amount paid in accordance with Part 3.7 of the Social Security Act 1991 of the Commonwealth to cover the cost of a person's rent;\n\n***NDIS Quality and Safeguards Commission*** means the National Disability Insurance Scheme Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n***the Act*** means the **Disability Act 2006**.\n\n\t6 Exempt service provider\n\n(1) For the purposes of paragraph (a) of the definition of ***exempt service provider*** in section 3(1) of the Act, the Department of Education and Training, to the extent that it is a regulated service provider, is prescribed as an exempt service provider.\n\n(2) This regulation applies from 24 June 2018 until 31 December 2019.\n\n\t7 Prescribed service provider\n\n(1) For the purposes of paragraph (b)(i) of the definition of ***prescribed service provider*** in section 3(1) of the Act, the Department of Education and Training, to the extent that it provides early childhood intervention services, is prescribed as a prescribed service provider.\n\n(2) This regulation applies from 24 June 2018 until 31 December 2019.\n\n\t8 Public sector bodies\n\nFor the purposes of paragraphs (b) and (c) of the definition of ***public sector body*** in section 38(6) of the Act, the following statutory authorities and statutory corporations are prescribed to be public sector bodies—\n\n(a) Adult Multicultural Education Services established under Part 3.3 of the **Education and Training Reform Act 2006**;\n\n(b) Ambulance Victoria (ABN 50 373 327 705);\n\n(c) Barwon Region Water Corporation (ABN 86 348 316 514);\n\n(d) Central Gippsland Region Water Corporation (ABN 75 830 750 413);\n\n(e) Council of Trustees of the National Gallery of Victoria (ABN 77 884 986 472);\n\n(f) Country Fire Authority (ABN 39 255 319 010);\n\n(g) Emergency Services Telecommunications Authority (ABN 42 630 709 818);\n\n(h) Environment Protection Authority (ABN 85 899 617 894);\n\n(i) Goulburn-Murray Rural Water Corporation (ABN 46 761 336 846);\n\n(j) Grampians Wimmera Mallee Water Corporation (ABN 35 584 588 263);\n\n(k) Library Board of Victoria (ABN 73 190 237 854);\n\n(l) Melbourne and Olympic Parks Trust (ABN 95 023 915 528);\n\n(m) Melbourne Convention and Exhibition Trust (ABN 17 434 286 169);\n\n(n) Melbourne Water Corporation (ABN 81 945 386 953);\n\n(o) Metropolitan Fire and Emergency Services Board (ABN 28 598 558 561);\n\n(p) Museums Board of Victoria (ABN 63 640 679 155);\n\n(q) Office of Public Prosecutions (ABN 32 790 228 959);\n\n(r) Parks Victoria (ABN 95 337 637 697);\n\n(s) Roads Corporation (ABN 61 760 960 480);\n\n(t) State Trustees Limited (ABN 68 064 593 148);\n\n(u) The State Sport Centres Trust established under the **State Sport Centres Act 1994**;\n\n(v) The Victorian Arts Centre Trust established under the **Victorian Arts Centre Act 1979**;\n\n(w) Transport Accident Commission (ABN 22 033 947 623);\n\n(x) Victoria Legal Aid (ABN 42 335 622 126);\n\n(y) Victorian WorkCover Authority (ABN 90 296 467 627);\n\n(z) V/Line Corporation continued under the **Transport Integration Act 2010**;\n\n(za) Zoological Parks and Gardens Board (ABN 96 913 959 053).\n\nPart 2—Financial matters\n\n\t9 Relevant prescribed amount for residential charge\n\nFor the purposes of section 72(3) of the Act, the prescribed amount, in relation to a proposed residential charge, is an amount equal to the sum of 75% of the Commonwealth disability support pension and 100% of the Commonwealth rent assistance received annually by the person to whom the proposed residential charge relates.\n\n\t10 Management of money of a resident\n\nFor the purposes of section 93(1) and (2) of the Act, the prescribed amount is $500.\n\n\t11 Limit on amount held\n\nFor the purposes of section 95(1) of the Act, the prescribed amount is $5000.\n\nPart 3—Treatment and fees\n\n\t12 Approval to use restrictive interventions\n\nFor the purposes of section 135(2)(a) of the Act, the prescribed details are—\n\n(a) the address and contact details for every premises where the disability service provider proposes to use restrictive interventions; and\n\n(b) if the disability service provider proposes to have more than one Authorised Program Officer, the name and qualifications of each holder of that position at each premises referred to in paragraph (a); and\n\n(c) the reasons why the disability service provider considers it necessary to use restrictive interventions at each particular premises referred to in paragraph (a); and\n\n(d) the capacity and ability of the disability service provider to comply with the requirements contained in Part 7 of the Act.\n\n\t13 Approval to use supervised treatment\n\nFor the purposes of section 186(2)(a) of the Act, the prescribed details are—\n\n(a) the address and contact details for every premises where the disability service provider proposes to use supervised treatment; and\n\n(b) if the disability service provider proposes to have more than one Authorised Program Officer, the name and qualifications of each holder of that position at each premises referred to in paragraph (a); and\n\n(c) the reasons why the disability service provider considers it necessary to use supervised treatment at each particular premises referred to in paragraph (a); and\n\n(d) the capacity and ability of the disability service provider to comply with the requirements contained in Division 5 of Part 8 of the Act.\n\n\t14 Fees for residents in residential institutions\n\nFor the purposes of section 221(1)(e) of the Act, the charge for the provision of accommodation, care or services in respect of a resident in a residential institution (other than a community residential unit) is an amount that is levied monthly and is calculated as follows—\n\n(a) the charge is set every 6 months; and\n\n(b) the charge is equivalent to 57⋅1% of the sum of the Commonwealth disability support pension and Commonwealth rent assistance received by the resident in respect of each corresponding month.\n\nPart 4—Community visitors\n\nDivision 1—Election of community visitors to the Community Visitors Board\n\n\t15 When elections must be held\n\n(1) For the purposes of section 32(2)(b) of the Act, elections must be—\n\n(a) held before 30 June in each year; and\n\n(b) conducted in accordance with this Division and Division 2.\n\n(2) The office of one community visitor elected to the Community Visitors Board falls vacant each year.\n\n(3) A community visitor elected to the Community Visitors Board holds office from 1 July of the year that the community visitor was elected for a period of 2 years unless—\n\n(a) the community visitor resigns as a board member before the end of that period; or\n\n(b) the office of the community visitor becomes vacant before the end of that period.\n\n\t16 Returning officer to be appointed\n\n(1) The Public Advocate must appoint a returning officer to conduct elections of members to the Community Visitors Board.\n\n(2) The returning officer has the following functions—\n\n(a) to ensure that a list of names and addresses of community visitors is kept and maintained;\n\n(b) to fix the dates for nomination day and polling day;\n\n(c) to determine questions relating to the validity or regularity of votes.\n\n\t17 Notice of an election\n\n(1) The returning officer must give notice of an election in accordance with subregulation (2) on or before 1 April in each year.\n\n(2) Notice of the election must be given by sending a copy of the notice to the postal address of each community visitor on the list of community visitors provided to the returning officer by the Public Advocate.\n\n\t18 Information in notice\n\nThe notice of an election must specify the following—\n\n(a) the nomination day, being the day on or before which nomination of candidates for election must be lodged;\n\n(b) the place where nominations must be lodged;\n\n(c) the polling day.\n\n\t19 Nomination and polling days\n\n(1) The nomination day must be on or before 1 May in each year.\n\n(2) The polling day must be—\n\n(a) on or before 1 June in each year; and\n\n(b) at least 21 days after the nomination day.\n\n\t20 Method of nominating\n\n(1) A community visitor who intends to be a candidate at an election must lodge a nomination paper with the returning officer not later than 12 noon on the nomination day.\n\n(2) A nomination paper may be lodged—\n\n(a) in person; or\n\n(b) by sending the paper by post; or\n\n(c) by electronically transmitting a copy of the paper.\n\n(3) The returning officer must give a receipt for a nomination to any candidate—\n\n(a) whose nomination paper is lodged no later than 12 noon on the nomination day; and\n\n(b) who requests a receipt.\n\n\t21 Form of nomination paper\n\nA nomination paper must—\n\n(a) be in writing; and\n\n(b) state that the community visitor is nominating as a candidate for election to the Community Visitors Board; and\n\n(c) contain the full name and address of the candidate; and\n\n(d) contain the signature of the candidate and the date of the signing of that nomination paper.\n\n\t22 Withdrawal of nomination\n\n(1) A community visitor who has nominated as a candidate for an election may withdraw from the election by giving notice of withdrawal in writing to the returning officer not later than 12 noon on nomination day by a method referred to in regulation 20(2).\n\n(2) The returning officer must not include on any ballot paper for the election the name of a community visitor who has withdrawn under subregulation (1).\n\nDivision 2—Conduct of election\n\n\t23 Contested election\n\n(1) If more than one nomination is received, the returning officer must conduct an election.\n\n(2) The returning officer must prepare ballot papers, postal ballot envelopes, and reply paid return envelopes for the election.\n\n(3) A ballot paper must contain—\n\n(a) the full name of each candidate who has nominated for election to the Community Visitors Board and who has not withdrawn under regulation 22; and\n\n(b) written advice regarding the method of voting set out in regulation 27.\n\n\t24 Order of names on ballot paper\n\n(1) The returning officer must determine by lot the order in which the names of the candidates are to appear on the ballot paper.\n\n(2) The order of names of the candidates must be determined in the presence of—\n\n(a) at least one other person; and\n\n(b) any candidate who wishes to be present or the candidate's representative.\n\n\t25 Distribution of ballot papers\n\nAt least 14 days before the polling day, the returning officer must send to the postal address of each community visitor a postal ballot envelope containing the following—\n\n(a) voting instructions;\n\n(b) a ballot paper;\n\n(c) a ballot paper envelope;\n\n(d) a reply paid return envelope addressed to the returning officer;\n\n(e) each candidate's personal statement or advice that the candidate has not lodged a personal statement.\n\n\t26 Candidate's personal statement\n\n(1) A candidate may lodge a personal statement with the returning officer for inclusion in the postal ballot envelope.\n\n(2) A candidate's personal statement must be—\n\n(a) no longer than 150 words; and\n\n(b) signed by the candidate; and\n\n(c) lodged with the returning officer no later than 12 noon on the third day after nomination day.\n\n(3) A candidate's personal statement may be lodged—\n\n(a) in person; or\n\n(b) by sending the statement by post; or\n\n(c) by electronically transmitting a copy of the statement.\n\n(4) A candidate must not refer in the candidate's personal statement to another candidate standing for election without the written consent of that other candidate.\n\n\t27 Method of voting\n\nTo record a valid vote, a community visitor must insert the number \"1\" on the ballot paper opposite the name of the candidate who is the community visitor's choice for the member of the Community Visitors Board.\n\n\t28 Manner of lodging vote\n\nAfter marking the ballot paper, the elector must—\n\n(a) place the ballot paper in the ballot paper envelope and seal the envelope; and\n\n(b) sign the elector's name on that envelope and include the date of the signing of that envelope; and\n\n(c) place the ballot paper envelope in the reply paid return envelope and seal that envelope; and\n\n(d) post or deliver the reply paid return envelope to reach the returning officer before 4 p.m. on polling day.\n\n\t29 Receipt of reply paid return envelopes\n\nIn the presence of a person nominated by the Public Advocate and as soon as practicable after the close of the election, the returning officer must—\n\n(a) remove the ballot paper envelope from each reply paid return envelope received before 4 p.m. on polling day; and\n\n(b) record receipt of the ballot paper envelope on the list of community visitors; and\n\n(c) separate the signed ballot paper envelopes from the unsigned ballot paper envelopes; and\n\n(d) disallow the unsigned ballot paper envelopes; and\n\n(e) remove and separate the ballot papers from the signed ballot paper envelopes; and\n\n(f) count the votes recorded on the ballot papers removed from the signed ballot paper envelopes.\n\n\t30 Invalid votes\n\nA vote must not be counted if it is marked on a ballot paper that—\n\n(a) is not enclosed in a ballot paper envelope signed by a community visitor; or\n\n(b) is received from a person whose name is not on the list of community visitors provided to the returning officer by the Public Advocate; or\n\n(c) does not have a number \"1\" placed opposite one of the candidates' names in accordance with regulation 27.\n\n\t31 Method of counting votes and declaration of result\n\n(1) The returning officer must declare as elected to the Community Visitors Board the candidate who received the most votes.\n\n(2) In the event of a tie of votes between candidates, the returning officer must separately place the names of those candidates in a container and arrange for another person to draw out the name of one of those candidates as the elected candidate.\n\n\t32 Recounts\n\n(1) The returning officer may recount the votes at any time before the declaration of the election—\n\n(a) on the written request of any candidate stating the reasons for the request; or\n\n(b) on the returning officer's own motion.\n\n(2) The returning officer must advise all candidates if a recount is to be conducted.\n\n\t33 Disputes\n\nThe Public Advocate must determine any question arising as to the validity or regularity of any vote.\n\n\t34 Notification of the election results\n\n(1) As soon as practicable after declaring the results of the election, the returning officer must notify the results of the election to the Public Advocate and to each candidate.\n\n(2) The Public Advocate must inform each community visitor in writing of the results of the election within 14 days after the day on which the results of that election are declared.\n\n\t35 Custody of election papers\n\nThe returning officer must ensure the safe custody of all materials used in an election for 30 days from the day on which the results of that election are declared.\n\nDivision 3—Casual vacancies\n\n\t36 Method for filling casual vacancies\n\n(1) Subject to subregulation (5), if a vacancy arises in the office of an elected member of the Community Visitors Board other than by expiry of the member's office, the Public Advocate must appoint a returning officer to conduct an election for a community visitor to fill the casual vacancy for the remainder of the current office.\n\n(2) Subject to subregulation (6), the returning officer must comply with the requirements of Divisions 1 and 2 to the extent that they are applicable to the filling of a casual vacancy.\n\n(3) The returning officer must—\n\n(a) record the name of the candidate elected to the Community Visitors Board; and\n\n(b) advise the Public Advocate and each of the candidates of the candidate elected to the Community Visitors Board.\n\n(4) A candidate is elected to the Community Visitors Board if—\n\n(a) the candidate is a sole nominee; or\n\n(b) if more than one nomination is received, the candidate received more votes than any other candidate at the election conducted to fill the vacancy; or\n\n(c) in the case of a tie, the candidate's name is drawn in accordance with regulation 31(2).\n\n(5) If a casual vacancy occurs less than 2 months before the office of an elected member of the Community Visitors Board expires, the Public Advocate is not required to comply with subregulation (1) and the office may remain vacant until a community visitor is elected under Division 2.\n\n(6) The returning officer is not required to comply with any requirements as to time in Divisions 1 and 2 if—\n\n(a) a casual vacancy in the office of an elected member of the Community Visitors Board occurs less than 4 months before the office was due to expire; and\n\n(b) the returning officer is satisfied that it is necessary to dispense with those requirements in order to conduct the election to fill the casual vacancy as expeditiously as is practicable and appropriate in the circumstances.\n\nDivision 4—Record of visits by community visitors\n\n\t37 Prescribed particulars for record of visits\n\nFor the purposes of section 132 of the Act, the prescribed form is the form set out in Schedule 1.\n\nDivision 5—Transitional provision\n\n\t38 Transitional provision for the Community Visitors Board\n\nDespite the revocation of the Disability Regulations 2007 by regulation 4(a), a community visitor holding office as a member of the Community Visitors Board immediately before 24 June 2018 continues as a member of the Board for the period ending 2 years after the community visitor was elected.\n\nPart 5—Disclosure, use and transfer of information\n\n\t39 Disclosure of information for the purposes of the National Disability Insurance Scheme\n\nFor the purposes of section 39(4)(m) of the Act, the NDIS Quality and Safeguards Commission is a prescribed body.\n\n\t40 Use, disclosure and transfer of information for or with respect to the National Disability Insurance Scheme\n\nFor the purposes of section 39(6) of the Act, the following persons or bodies are prescribed—\n\nReg. 40(a) revoked by S.R. No. 59/2020 reg. 5.\n\n* * * * *\n\n(b) a disability service provider that has entered into a contract or deed with the State for the provision of disability services that were previously provided by or on behalf of the State; and\n\n(c) a person or body that has entered into a contract or deed with the State for the provision of early childhood intervention services that were previously provided by or on behalf of the State.\n\n\t41 Disclosure of information by the Disability Services Commissioner\n\nFor the purposes of section 132ZB(m) of the Act, the following persons are prescribed—\n\n(a) a disability service provider;\n\n(b) a regulated service provider;\n\n(c) the Secretary to the Department of Education and Training;\n\n(d) the Registrar of Births, Deaths and Marriages;\n\n(e) the Transport Accident Commission;\n\n(f) the NDIA;\n\n(g) the NDIS Quality and Safeguards Commission;\n\nReg. 41(h) amended by S.R. No. 59/2020 reg. 6(a).\n\n(h) the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth;\n\nReg. 41(i) inserted by S.R. No. 59/2020 reg. 6(b).\n\n(i) the Disability Worker Registration Board of Victoria established under section 8 of the **Disability Service Safeguards Act 2018**;\n\nReg. 41(j) inserted by S.R. No. 59/2020 reg. 6(b).\n\n(j) the Victorian Disability Worker Commission established under section 21 of the **Disability Service Safeguards Act 2018**;\n\nReg. 41(k) inserted by S.R. No. 59/2020 reg. 6(b).\n\n(k) the Victorian Disability Worker Commissioner appointed under section 26 of the **Disability Service Safeguards Act 2018**.\n\nSchedule 1—Record of visits by community visitors\n\n**Disability Act 2006**\n\nSection 132\n\nDisability Regulations 2018\n\nRegulation 37\n\nReference No.:\n\nName of disability service provider providing residential services:\n\nName and address of facility:\n\nArrival time:\n\nDeparture time:\n\nDate:\n\nNames of community visitors: [*print names*]\n\n1. Issues from previous visit/s:\n\n🞏 Resolved\n\n🞏 Unresolved\n\nIf unresolved, give brief details and status:\n\n2. Observations:\n\n3. Issues and matters for attention:\n\n🞏 Written response required\n\nSignature of community visitor(s):\n\nDate signed:\n\nSignature of staff member present:\n\nName:\n\nDate signed:\n\n═════════════\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\nThe Disability Regulations 2018, S.R. No. 74/2018 were made on  \n13 June 2018 by the Governor in Council under section 221 of the **Disability Act 2006**, No. 23/2006 and came into operation on 24 June 2018: regulation 3.\n\nThe Disability Regulations 2018 will sunset 10 years after the day of making on 13 June 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Disability Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nDisability Amendment Regulations 2020, S.R. No. 59/2020\n\n| *Date of Making:* | 30.6.20 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.20: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 60/2007 as amended by S.R. Nos 26/2009 and 76/2009. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 26/2009. [↑](#endnote-ref-3)\n\n3. Reg. 4(c): S.R. No. 76/2009. [↑](#endnote-ref-4)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the document provided contains only structural/version metadata and no substantive regulatory content. No comparison between original intent and current form is possible from the text supplied."},"complexity_factors":["Document contains only metadata and version history — no substantive legal content is present","Cannot assess true regulatory complexity without the actual provisions","Repeated/duplicated headings suggest a formatting or extraction error in the source document","No operative clauses, definitions, schedules, or cross-references are visible to analyse"],"plain_english_summary":"This document is a version-history/metadata wrapper for the Disability Regulations 2018 (S.R. No. 74/2018), not the substantive regulations themselves. It shows consolidated and “in force” stages but does not contain the actual rules, rights, duties, or penalties.\n\nBecause it lacks substantive provisions, you cannot determine who is affected or what obligations apply—access the full regulations to assess real-world impact."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original intent as set out in regulation 1. The objectives clause clearly contemplates prescribing service providers, monetary limits, treatment approval details, election procedures, information sharing, and other matters required by the Act. The 2020 amendments (visible in regulations 40-41) added NDIS-related information sharing bodies and removed others, but this represents adaptation to the NDIS rollout rather than scope creep beyond the original purpose of operationalizing the Disability Act 2006."},"complexity_factors":["Moderate length (41 regulations plus Schedule) with clear Part/Division structure","5 defined terms in interpretation section (relatively lean)","Extensive cross-referencing to the Disability Act 2006 (the parent Act) — most regulations simply prescribe details 'for the purposes of' specific Act sections","Detailed procedural rules for elections (Division 1 and 2) with specific dates, methods, and contingencies","Nested conditions in election timing rules (regulations 15, 19, 36) with exceptions for casual vacancies near expiry dates","Mathematical formulas for fee calculations (regulations 9 and 14) requiring reference to external Commonwealth payment rates","Temporal limitations on regulations 6 and 7 (sunset clauses for specific Department of Education provisions)","Amendment tracking visible in text (regulations 40 and 41 show revoked/inserted provisions) indicating evolving regulatory landscape"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for how Victoria's **Disability Act 2006** operates in practice. Think of the Act as the blueprint and these regulations as the instruction manual.\n\n**Key areas covered:**\n\n- **Who's in and who's out:** Lists which government bodies count as \"public sector bodies\" for disability employment rules, and which service providers are exempt from certain requirements or subject to special rules (specifically naming the Department of Education and Training for a limited period).\n\n- **Money matters:** Sets dollar limits for how much people with disabilities can be charged for residential care (calculated as a percentage of their Commonwealth pension), how much money a service provider can hold on behalf of a resident ($500 for day-to-day management, $5,000 maximum held overall), and what fees apply in residential institutions.\n\n- **Treatment approvals:** Specifies what information disability service providers must include when applying for permission to use **restrictive interventions** (physical restraints or seclusion) or **supervised treatment** (specialized medical or behavioral treatments) — including addresses, staff qualifications, and reasons for necessity.\n\n- **Community Visitors Board elections:** Lays out a complete postal voting system for electing community visitors (independent watchdogs who inspect disability facilities). This includes nomination procedures, ballot paper rules, how to vote, counting methods, and how to fill casual vacancies.\n\n- **Information sharing:** Authorizes disclosure of personal information to various bodies including the NDIS Quality and Safeguards Commission, the National Disability Insurance Agency (NDIA), and Victorian oversight bodies like the Disability Worker Registration Board — enabling coordination between state and federal disability systems.\n\n- **Record-keeping:** Provides a standard form that community visitors must use to document their inspections of facilities.\n\n**Who it affects:**\nPeople with disabilities living in Victorian residential services, disability service providers, the Public Advocate's office, community visitors, and various government agencies involved in the NDIS transition.\n\n**Why it matters:**\nThese regulations protect vulnerable people by controlling fees, restricting the use of force or restraint, ensuring independent oversight through elected community visitors, and enabling safe information sharing as disability services moved from state control to the national NDIS system."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations replace and revoke earlier Disability Regulations (reg 4) and include temporary prescriptions for the Department of Education and Training (regs 6–7, operative until 31 Dec 2019). Subsequent amendment (Disability Amendment Regulations 2020, S.R. No.59/2020) revoked reg 40(a) and amended reg 41 to add and update persons authorised to receive information (regs 40–41; Endnotes). Mechanically, the instrument therefore altered which bodies are prescribed for information sharing and temporarily altered which government departments count as exempt/prescribed providers, while otherwise implementing the Act's delegated prescription powers (regs 1,39–41)."},"complexity_factors":["Multiple cross-references to the Disability Act 2006 and Commonwealth social security provisions (e.g. definitions and prescribed amounts) increasing legal interdependence (regs 1,5,9,14).","Detailed financial formulas and caps for residents: prescribed amounts, monthly charge calculation and money‑holding limits requiring calculation and verification by providers (regs 9,10,11,14).","Prescriptive application content for high‑risk interventions (restrictive interventions, supervised treatment) that create compliance and documentation burdens for providers (regs 12–13).","Extensive, prescriptive election procedure for Community Visitors Board members including nomination, postal voting, counting, disputes and custody of papers — operationally complex (Part 4, regs 15–36).","Data‑sharing and disclosure schedules that list multiple prescribed recipients (including the NDIS Quality and Safeguards Commission and other bodies) with amendments altering recipients over time (regs 39–41; S.R. No.59/2020).","Numerous specified time limits and transitional rules (commencement, sunset, temporary prescriptions for Department of Education and Training, transitional continuation of board members) requiring administrators to track dates (regs 3,6–7,38; Endnotes).","A long list of prescribed public sector bodies with ABNs that must be treated as public sector for Act purposes, requiring entity‑level determinations (reg 8).","Discretion and decision points concentrated in a few offices (Public Advocate appointing returning officers; returning officer determining validity of votes; Public Advocate resolving disputes) creating gatekeeping roles (regs 16,23,29,33).","Revocations and later amendments to the Regulations increase interpretive work for users (revocation of prior regulations at reg 4; amendments noted in endnotes and reg footnotes).","Prescribed forms and record‑keeping (Schedule 1) add administrative compliance and evidence‑gathering obligations for community visitors and providers (reg 37; Schedule 1)."],"plain_english_summary":"These Regulations implement parts of the Disability Act 2006 by setting practical rules: they name which organisations count as exempt or prescribed service providers, list public sector bodies, fix resident financial caps and a formula for monthly residential charges, require specific details for approvals to use restrictive interventions or supervised treatment, set the form and election process for community visitors, and prescribe who may receive information (including NDIS bodies). They affect disability service providers, residents in residential care, community visitors and oversight bodies by creating duties, payment rules and information‑sharing paths."}},"importantCases":[],"_links":{"self":"/api/acts/disability-regulations-2018","history":"/api/acts/disability-regulations-2018/history","analysis":"/api/acts/disability-regulations-2018/analysis","conflicts":"/api/acts/disability-regulations-2018/conflicts","importantCases":"/api/acts/disability-regulations-2018/important-cases","documents":"/api/acts/disability-regulations-2018/documents"}}