{"id":"disability-services-act-1993","name":"Disability Services Act 1993","slug":"disability-services-act-1993","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30019,"registerId":"nt-disability-services-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Services Act 1993","content":"NORTHERN TERRITORY OF AUSTRALIA\nDISABILITY SERVICES ACT 1993\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Interpretation ................................................................................... 1\n2A Principles for treatment and care ..................................................... 5\n2B Application of Criminal Code ........................................................... 5\nPart 2 Funding\n3 Persons eligible for funding ............................................................. 5\n4 Terms and conditions ...................................................................... 6\nPart 3 Treatment and care of people with a\ndisability\nDivision 1 Basic concepts\n5 Meaning of criteria for involuntary treatment and care..................... 6\n6 Meaning of treatment plan ............................................................... 7\n7 Meaning of primary carer ................................................................. 7\nDivision 2 Application process and related provisions for\ntreatment orders\n8 Application for order ........................................................................ 8\n9 Notice of application ........................................................................ 8\n10 Parties to proceedings ..................................................................... 9\n11 Hearing in absence of person .......................................................... 9\n12 Deciding application ........................................................................ 9\n13 Interim treatment order .................................................................. 10\n14 Effect of order ................................................................................ 10\n15 Conditions of order ........................................................................ 11\n16 Duration of order............................................................................ 11\n17 Local Court may initiate review of order ........................................ 12\n18 Resident to be released when order ceases.................................. 12\nDivision 3 Variation, revocation and renewal of treatment\norders\n19 Application for variation or revocation............................................ 13\n20 Application for renewal .................................................................. 13\n\nDisability Services Act 1993 ii\nDivision 4 Appeals\n21 Appeal to Supreme Court .............................................................. 13\n22 Stay of decision ............................................................................. 14\n23 Hearing appeal .............................................................................. 14\n24 Right of appearance and representation ....................................... 14\n25 Power of Supreme Court ............................................................... 15\nDivision 5 Miscellaneous matters\n26 Searching resident of secure care facility ...................................... 15\n27 Seizure of things found to prevent harm ........................................ 16\n28 Records and reports ...................................................................... 16\n29 Approval of absence ...................................................................... 17\n30 Person absent without approval .................................................... 17\n31 Apprehension of missing resident.................................................. 18\n32 Transfer of resident to another secure care facility ........................ 19\nPart 4 Behaviour support plans and restrictive\ninterventions\nDivision 1 Basic concepts\n33 Definitions ...................................................................................... 19\n34 Meaning of chemical restraint ........................................................ 20\n35 Meaning of restricting access ........................................................ 20\nDivision 2 Behaviour support plans\n36 Preparation of behaviour support plan ........................................... 20\n37 Use of restrictive intervention included in behaviour support\nplan ................................................................................................ 21\n38 Behaviour support plan required for residents ............................... 22\n39 Review of behaviour support plan – CEO ...................................... 22\n40 Review of behaviour support plan – review panel ......................... 23\nDivision 3 Use of restrictive interventions\n41 Offence to use restrictive intervention ........................................... 23\n42 Emergency use of restraint or seclusion ........................................ 24\nDivision 4 Records and reports\n43 Record to be kept of use of restrictive intervention ........................ 25\n44 Manager of residential facility to keep records of use of\nrestrictive intervention .................................................................... 25\n\nDisability Services Act 1993 iii\nPart 5 Complaints\n45 Complaint procedures to be established ....................................... 25\n46 Making complaint........................................................................... 26\n47 Acknowledgment of complaint ....................................................... 26\n48 Investigation of complaint .............................................................. 26\n49 Records and reports about complaints .......................................... 27\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 1 Principal community visitor and community\nvisitors\n50 Appointment .................................................................................. 27\n51 Interim community visitor ............................................................... 28\n52 Resignation and termination of appointment ................................. 28\n53 Functions and powers ................................................................... 29\nSubdivision 2 Powers and functions of community visitors\n54 Functions of principal community visitor ........................................ 29\n55 Inquiry functions ............................................................................ 30\n56 Complaint functions ....................................................................... 30\n57 Visiting and inspections of residential facilities .............................. 30\n58 Requests to be contacted by community visitors ........................... 31\n59 Reports by community visitors ....................................................... 32\nSubdivision 3 Community visitors panel\n60 Establishment ................................................................................ 32\n61 Appointment of members............................................................... 32\n62 Resignation and termination of appointment of members ............. 33\n63 Functions of community visitors panel ........................................... 33\n64 Reports by community visitors panel ............................................. 34\nDivision 2 Miscellaneous matters\n65 Assistance to be provided.............................................................. 35\n66 Annual report ................................................................................. 35\n67 Protection from liability .................................................................. 35\n68 Confidentiality of information ......................................................... 36\nPart 7 Other matters of administration\nDivision 1 Review panel\n69 Establishment ................................................................................ 37\n\nDisability Services Act 1993 iv\n70 Membership ................................................................................... 37\n71 Resignation and termination .......................................................... 38\nDivision 2 Other matters\n72 Secure care facilities ..................................................................... 39\n72A Requirement to notify or consult with decision maker.................... 39\n73 Approved forms ............................................................................. 39\n74 Delegations.................................................................................... 39\nPart 8 Miscellaneous matters\n75 Acquisition on just terms ................................................................ 40\n76 Regulations.................................................................................... 40\nSchedule 1 Objects\nSchedule 2 Principles\nSchedule 3 Objectives\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nDISABILITY SERVICES ACT 1993\nAn Act about providing services for people with a disability, and for\nrelated purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Disability Services Act 1993.\n2 Interpretation\n(1) In this Act:\nappropriate place means a place mentioned in\nsection 43ZA(1)(a)(ii) of the Criminal Code.\nNote\nA secure care facility may be an appropriate place.\napproved form means a form approved under section 73.\nauthorised employee, see section 26(1).\nbehaviour support plan, see section 36(1).\nbusiness day means a day that is not a Saturday, Sunday or\npublic holiday.\nCEO means the Chief Executive Officer.\nchemical restraint, see section 34.\ncommunity visitor, means a person holding office under an\nappointment under section 50(2), and includes the principal\ncommunity visitor and an interim community visitor.\ncommunity visitors panel means the community visitors panel\nestablished under section 60.\ncomplaint means a complaint made under Part 5.\n\nPart 1 Preliminary matters\nDisability Services Act 1993 2\ncomplex cognitive impairment, see section 6A of the Mental\nHealth and Related Services Act 1998.\ncriteria for involuntary treatment and care, see section 5.\ndecision maker, for a person with a disability, means a decision\nmaker (as defined in section 3 of the Advance Personal Planning\nAct 2013) for the person who has authority for matters relating to\nthe treatment and care of the person.\ndisability, in respect of a person, means a disability:\n(a) which is attributable to an intellectual, sensory, physical or\npsychiatric impairment or a combination of those impairments;\n(b) which is permanent or likely to be permanent;\n(c) which results in:\n(i) a substantially reduced capacity of the person for\ncommunication, learning or mobility; and\n(ii) the need for continuing support services; and\n(d) which may or may not be of a chronic episodic nature.\nguardian, for a person, means a guardian (as defined in section 3\nof the Guardianship of Adults Act 2016) for the person who has\nauthority under that Act to make decisions relating to the treatment\nand care of the person.\ninterim community visitor, see section 51(1).\ninterim treatment order means a treatment order made under\nsection 13.\nmanager, of a residential facility, means the person responsible for\nthe day-to-day management of the facility.\norganisation means:\n(a) a body corporate; or\n(b) a local government council; or\n(c) a post-school education institution or body; or\n(d) the Charles Darwin University; or\n(e) the Menzies School of Health Research; or\n\nPart 1 Preliminary matters\nDisability Services Act 1993 3\n(f) an agency of the Territory; or\n(g) a prescribed society, association or body.\noriginal decision, for Part 3, Division 4, see section 21(1).\nphysical restraint, see section 33.\nprimary carer, see section 7.\nprincipal community visitor, means the person holding office\nunder an appointment under section 50(1).\nprovider of services means an organisation or a person that\nprovides services to persons with disabilities.\nresearch and development activities means:\n(a) research with respect to the provision of services for persons\nwith disabilities;\n(b) investigation of the need for services for persons with\ndisabilities;\n(c) the initiation of services for persons with disabilities;\n(d) the planning of the provision of services for persons with\ndisabilities;\n(e) the development of proposals for the provision of services for\npersons with disabilities;\n(f) the development or implementation of training programs for:\n(i) persons engaged in the provision of services for; or\n(ii) the families of, and other persons who provide care for\nor assistance to,\npersons with disabilities;\n(g) the investigation of outcomes achieved by persons with\ndisabilities through the provision of services; or\n(h) any other activities approved by the Minister.\nresearcher means an organisation or person conducting research\nand development activities.\n\nPart 1 Preliminary matters\nDisability Services Act 1993 4\nresident, of a residential facility, means:\n(a) for a secure care facility – an adult with a disability who is\nliving in and receiving treatment and care in the facility under:\n(i) a treatment order; or\n(ii) a supervision order; or\n(b) for an appropriate place other than a secure care facility – an\nadult with a disability who is living in and receiving treatment\nand care in the place under a supervision order; or\n(c) for another residential facility – a person with a disability who\nis living in and receiving treatment and care in the facility.\nresidential facility means:\n(a) a secure care facility; or\n(b) an appropriate place other than a secure care facility; or\n(c) other premises operated by the Agency to provide services for\nthe treatment and care of people with a disability.\nrestraint, see section 33.\nrestricting access, see section 35.\nrestrictive intervention, see section 33.\nreview panel means the review panel established under\nsection 69.\nseclusion, see section 33.\nsecure care facility means premises declared under section 72 to\nbe a secure care facility.\nsupervision order, see section 43A of the Criminal Code.\ntherapeutic benefit means a therapeutic benefit by way of\npersonal development, including:\n(a) building on strengths and life skills; and\n(b) opportunities for quality of life and participation and inclusion\nin the community.\ntreatment and care principles, see section 2A.\n\nPart 2 Funding\nDisability Services Act 1993 5\ntreatment order means an order in force under Part 3, and\nincludes an interim treatment order.\ntreatment plan, see section 6.\n(2) The Minister may, by notice in the Gazette, prescribe a society,\nassociation or body for the purposes of the definition of\norganisation in subsection (1).\n2A Principles for treatment and care\nThe following principles (the treatment and care principles) apply\nto the treatment and care of a person with a disability:\n(a) the treatment and care must be reviewed regularly;\n(b) if a restriction on the rights or opportunities of the person is\nnecessary, the option chosen should be the option that is the\nleast restrictive as is possible in the circumstances;\n(c) for a person for whom a treatment order is in force – the\ntreatment and care of the person must cease if the person no\nlonger obtains therapeutic benefit from it.\n2B Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 2B\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Funding\n3 Persons eligible for funding\n(1) Subject to subsection (2), the Minister may approve funding, out of\nmoney that has been provided for the purpose, to a provider of\nservices, a researcher or a person with a disability.\n(2) The Minister must not approve funding under subsection (1) to a\nprovider of services or a researcher unless the provider or\nresearcher is:\n(a) providing services or conducting research and development in\na manner which furthers the principles set out in Schedule 2;\nand\n\nPart 3 Treatment and care of people with a disability\nDivision 1 Basic concepts\nDisability Services Act 1993 6\n(b) furthering the objectives set out in Schedule 3.\n(3) The Minister must have regard to furthering the objects set out in\nSchedule 1 when approving funding under subsection (1).\n4 Terms and conditions\n(1) Where the Minister decides to approve funding to the provider of a\nservice, a researcher or a person with a disability, the Minister may\nrequire the provider, researcher or person to enter into an\nagreement about the terms and conditions with which the provider,\nresearcher or person must comply while receiving the funding.\n(2) An agreement under subsection (1) must be in writing and signed\nby both parties.\n(3) The terms and conditions of the agreement may include the\noutcomes to be achieved by persons with disabilities and the rights\nof persons being provided with services by the provider or persons\nwho are the subject of research programs of the researcher.\nPart 3 Treatment and care of people with a disability\nDivision 1 Basic concepts\n5 Meaning of criteria for involuntary treatment and care\nA person fulfils the criteria for involuntary treatment and care if:\n(a) the person is an adult; and\n(b) the person has a disability; and\n(c) the person has a complex cognitive impairment ; and\n(d) the person is engaging in repetitive conduct of high risk\nbehaviour likely to cause harm to himself or herself or to\nsomeone else; and\n(e) unless the person receives treatment and care in a secure\ncare facility, the person:\n(i) is likely to cause serious harm to himself or herself or to\nsomeone else; or\n(ii) will represent a substantial risk to the general\ncommunity; or\n\nPart 3 Treatment and care of people with a disability\nDivision 1 Basic concepts\nDisability Services Act 1993 7\n(iii) is likely to suffer serious mental or physical deterioration;\nand\n(f) the person has the capacity to benefit from goal-oriented\ntherapeutic services in a secure care facility; and\n(g) the person can participate in treatment and care in a secure\ncare facility; and\n(h) there is no less restrictive way of ensuring the person receives\nthe treatment and care.\n6 Meaning of treatment plan\n(1) A treatment plan for a person with a disability is a document\nprepared by the CEO stating the services proposed to be provided\nfor the person's treatment and care on being admitted to a secure\ncare facility.\n(2) Without limiting subsection (1), the treatment plan for a person with\na disability must:\n(a) state the treatment and care that will be provided to the\nperson while a resident of the secure care facility; and\n(b) state the expected therapeutic benefit to the person of the\ntreatment and care; and\n(c) state a proposed process for the person's transition to living in\nthe community without a treatment order or to lower levels of\nsupervision; and\n(d) include a proposed behaviour support plan.\nNote for section 6\nIf the person is receiving treatment and care under a treatment management plan\nunder Part 6, Division 4 of the Mental Health and Related Services Act 1998, it is\nexpected the treatment plan will cover matters dealt with in the treatment\nmanagement plan.\n7 Meaning of primary carer\n(1) A primary carer for a person is:\n(a) someone providing care and support to the person because of\nhis or her sense of responsibility as a relative of, or someone\nclose to, the person; or\n\nPart 3 Treatment and care of people with a disability\nDivision 2 Application process and related provisions for treatment orders\nDisability Services Act 1993 8\n(b) if the person does not have anyone providing care and\nsupport as mentioned in paragraph (a) – someone most\nclosely involved in the treatment or care of, or support to, the\nperson.\n(2) In this section:\nrelative, of a person, includes anyone related to the person through\na relationship that arises through common ancestry, adoption,\nmarriage, de facto relationship or any customary law or tradition\n(including Aboriginal customary law or tradition).\nDivision 2 Application process and related provisions for\ntreatment orders\n8 Application for order\n(1) The CEO may apply to the Local Court for an order under this\nDivision for a person if the CEO is satisfied the person fulfils the\ncriteria for involuntary treatment and care.\n(2) However, an application cannot be made for a person for whom a\nsupervision order is in force.\n(3) An application must be accompanied by:\n(a) the proposed treatment plan for the person; or\n(b) if an order is in force for the person under Part 6, Division 4 of\nthe Mental Health and Related Services Act 1998 – a copy of\nthe order and treatment management plan under that Act for\nthe person.\nNote for subsection (3)(b)\nThe person may be receiving treatment and care under an order for the person's\nadmission as an involuntary patient on the grounds of complex cognitive\nimpairment under Part 6, Division 4 of the Mental Health and Related Services\nAct 1998.\n9 Notice of application\n(1) Within one business day after making the application, the CEO\nmust give written notice of it to the following persons:\n(a) the person for whom the order is sought;\n(b) if the person has a guardian – the guardian;\n(ba) if the person has a decision maker – the decision maker;\n\nPart 3 Treatment and care of people with a disability\nDivision 2 Application process and related provisions for treatment orders\nDisability Services Act 1993 9\n(c) if the person has a primary carer other than the Agency – the\nprimary carer;\n(d) a lawyer acting or prepared to act for the person;\n(e) if an order is in force for the person under Part 6, Division 4 of\nthe Mental Health and Related Services Act 1998 – an\nauthorised psychiatric practitioner.\n(2) However, the CEO need not give notice to a primary carer of the\nperson if the CEO:\n(a) is satisfied it is not in the person's best interests to do so; and\n(b) states the reasons for not doing so in the application.\n10 Parties to proceedings\nThe following are parties to the proceeding for the hearing of the\napplication:\n(a) the person to whom the application relates;\n(b) if the person has a guardian – the guardian;\n(ba) if the person has a decision maker – the decision maker;\n(c) a primary carer of the person who is given notice of the\napplication;\n(d) the CEO.\n11 Hearing in absence of person\n(1) The Local Court may hear the application in the absence of the\nperson to whom the application relates if satisfied:\n(a) the person's appearance at the hearing may be detrimental to\nthe person's health or wellbeing; or\n(b) the person is unable to attend at the hearing because of\nexceptional circumstances.\n(2) However, this section does not limit the Local Court's power to\nexclude anyone else from the hearing.\n12 Deciding application\n(1) If, on hearing the application, the Local Court decides the person\nfulfils the criteria for involuntary treatment and care, the Court may\nmake a treatment order for the person.\n\nPart 3 Treatment and care of people with a disability\nDivision 2 Application process and related provisions for treatment orders\nDisability Services Act 1993 10\n(2) However, the Local Court may make a treatment order for the\nperson only if satisfied:\n(a) the services to be provided to the person in accordance with\nthe treatment plan accompanying the application will be of\ntherapeutic benefit to the person; and\n(b) it is necessary to admit the person to a secure care facility to\nenable delivery of services under the treatment plan and\nprevent substantial risk of harm to the person or someone\nelse; and\n(c) a secure care facility is available for the person's admission,\ntreatment and care.\n(3) Otherwise, the Local Court must dismiss the application.\n13 Interim treatment order\n(1) If the Local Court adjourns the proceeding for the hearing of the\napplication, it may make an interim treatment order for the person.\n(2) The Local Court may make the interim treatment order even though\nthe person is not present at the hearing.\n(3) However, the Local Court may make the interim treatment order\nonly if it reasonably believes, on the evidence before it when\nadjourning the proceeding, the person fulfils the criteria for\ninvoluntary treatment and care.\n(4) The interim treatment order is in force until the earlier of the\nfollowing:\n(a) it is revoked by the Local Court;\n(b) on the making of a treatment order for the person.\n14 Effect of order\n(1) A treatment order for a person authorises:\n(a) the person to be admitted to, and held in, the secure care\nfacility stated in the order for the purpose of receiving services\nprovided for the support of people with a disability; and\n(b) a police officer to apprehend and take the person to the\nsecure care facility stated in the order.\n(2) In addition, if the person is an involuntary patient under an order for\nthe person's admission and detention as an involuntary patient on\n\nPart 3 Treatment and care of people with a disability\nDivision 2 Application process and related provisions for treatment orders\nDisability Services Act 1993 11\nthe grounds of complex cognitive impairment under Part 6,\nDivision 4 of the Mental Health and Related Services Act 1998, the\norder and treatment management plan under that Act for the person\nare revoked on the making of the treatment order.\n(3) However, if the person is later admitted to an approved treatment\nfacility under Part 6 of the Mental Health and Related Services\nAct 1998, the treatment order is suspended while the person is\ndetained in the facility under that Act.\n(4) Also, if a supervision order is later made for the person, the\ntreatment order is revoked.\n(5) For subsection (1)(b), the police officer may:\n(a) use reasonable force and assistance; and\n(b) enter any place, including any dwelling, where the officer\nreasonably believes the person may be found.\n(6) When apprehending the person, the police officer must tell the\nperson that a treatment order has been made authorising the\nperson's admission to the secure care facility.\n15 Conditions of order\n(1) A treatment order for a person is subject to the condition that the\nCEO must give the Local Court a report on the progress of the\nperson's treatment and care under the treatment plan at least once\nin each 6 months the order is in force.\n(2) The treatment order is subject to the other conditions the Local\nCourt considers appropriate and states in the order.\n16 Duration of order\n(1) The treatment order for the person is in force for the period (not\nless than 6 months and not more than 2 years) the Local Court\ndecides.\n(2) In deciding the period the Local Court must consider the evidence\nbefore it, including reports from health practitioners and others the\nCourt considers appropriate.\n(3) In this section:\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise a health profession\n(other than as a student).\n\nPart 3 Treatment and care of people with a disability\nDivision 2 Application process and related provisions for treatment orders\nDisability Services Act 1993 12\n17 Local Court may initiate review of order\n(1) On receipt of a report on the person's treatment and care under the\ntreatment plan, the Local Court may fix a date, time and place for a\nreview of the treatment order for the person.\n(2) The Local Court must give written notice of the date, time and place\nfixed to the following:\n(a) the person;\n(b) if the person has a guardian – the guardian;\n(ba) if the person has a decision maker – the decision maker;\n(c) if the person has a primary carer other than the Agency – the\nprimary carer.\n(d) the CEO.\n(3) However, section 11 applies to the review as if it were an\napplication for a treatment order for the person.\n(4) In conducting the review, the Local Court may consider any matter\nrelating to the making of the treatment order.\n(5) The Local Court may make any of the following orders:\n(a) an order revoking the treatment order;\n(b) an order varying the conditions of the order;\n(c) a new treatment order;\n(d) another order it considers appropriate.\n18 Resident to be released when order ceases\nThe manager of a residential facility must, as soon as practicable\nafter the treatment order for a resident of the facility ceases to be in\nforce, ensure the resident is released from the facility.\n\nPart 3 Treatment and care of people with a disability\nDivision 4 Appeals\nDisability Services Act 1993 13\nDivision 3 Variation, revocation and renewal of treatment\norders\n19 Application for variation or revocation\n(1) The CEO, or another person who was a party to the proceeding for\nthe hearing of an application for a treatment order (a third party),\nmay apply to the Local Court for the order to be:\n(a) varied; or\n(b) revoked; or\n(c) revoked and replaced by a new treatment order.\n(2) However, a third party may make the application only with the leave\nof the Local Court.\n(3) Division 2 applies (with the necessary changes) to the application\nas if it were an application for a treatment order.\n20 Application for renewal\n(1) An application for the renewal of a treatment order must be made to\nthe Local Court at least 30 days before the order ceases to be in\nforce.\n(2) Division 2 applies (with the necessary changes) to the application\nas if it were an application for a treatment order.\nDivision 4 Appeals\n21 Appeal to Supreme Court\n(1) A party to a Local Court proceeding may appeal to the Supreme\nCourt against an order or decision of the Local Court under this Part\n(the original decision).\n(2) The appellant must do so by filing a notice of appeal with the\nRegistrar of the Supreme Court within 28 days after the original\ndecision is made.\n(3) The notice must state:\n(a) the grounds for the appeal; and\n(b) the facts on which the appeal is based.\n(4) The appellant must serve a copy of the notice on each of the other\nparties to the proceedings.\n\nPart 3 Treatment and care of people with a disability\nDivision 4 Appeals\nDisability Services Act 1993 14\n22 Stay of decision\n(1) The Supreme Court may stay the original decision to secure the\neffectiveness of the appeal.\n(2) A stay:\n(a) may be given on any conditions stated by the Supreme Court;\nand\n(b) operates for the period stated by the Court; and\n(c) may be revoked or amended by the Court.\n(3) However, the period of the stay must not extend beyond the time\nwhen the Supreme Court decides the appeal.\n23 Hearing appeal\nAn appeal must be conducted as a new hearing and is not limited\nby the evidence before the Supreme Court when the order was\nmade.\n24 Right of appearance and representation\n(1) At the hearing of the appeal, the person for whom a treatment order\nwas made or sought may:\n(a) represent himself or herself; or\n(b) be represented by a lawyer or another person.\n(2) The Supreme Court may:\n(a) appoint a lawyer to represent the person if the person is not\nrepresented; and\n(b) order the Territory to pay all or part of the reasonable costs\nand disbursements of the lawyer for representing the person\nat the appeal.\n(3) The Supreme Court may hear the appeal in the absence of the\nperson or the person's representative if all of the following apply:\n(a) reasonable notice of the hearing was given to the person or\nrepresentative;\n(b) the person or representative had a reasonable opportunity to\nattend the hearing;\n(c) the person or representative refuses to attend the hearing.\n\nPart 3 Treatment and care of people with a disability\nDivision 5 Miscellaneous matters\nDisability Services Act 1993 15\n(4) The Court may hear the appeal in the absence of the person if:\n(a) in the opinion of the Court, there are exceptional\ncircumstances that make the attendance of the person\ninappropriate; and\n(b) the person's representative is given notice of the hearing and\nhas a reasonable opportunity to attend the hearing.\n(5) The Supreme Court must notify the person of its decision as soon\nas practicable if the hearing is conducted in the absence of the\nperson or his or her representative.\n25 Power of Supreme Court\nThe Supreme Court may:\n(a) confirm the original decision; or\n(b) vary the original decision; or\n(c) set aside the original decision; or\n(d) set aside the original decision and replace it with a new order\nor decision.\nDivision 5 Miscellaneous matters\n26 Searching resident of secure care facility\n(1) The CEO may authorise a public sector employee of the Agency at\na residential facility (the authorised employee) to search a\nresident of the facility (including anything found on or with the\nresident).\n(2) The authorised employee may search a resident only if the\nemployee reasonably believes it is necessary to do so to prevent\nthe resident from harming himself or herself or others.\n(2A) The authorised employee must:\n(a) be someone who is of the same gender as the resident; and\n(b) conduct the search in the presence of an adult who:\n(i) is of the same gender as the resident; and\n(ii) is nominated by the resident or, if the resident fails to do\nso, by the authorised employee.\n\nPart 3 Treatment and care of people with a disability\nDivision 5 Miscellaneous matters\nDisability Services Act 1993 16\n(3) The adult nominated by the authorised employee must not be a\npolice officer.\n(4) The authorised employee may use reasonable force and assistance\nin acting under this section.\n(5) However, this section does not authorise a search that involves the\nremoval of the resident's clothing or an examination of the\nresident's body cavities.\n27 Seizure of things found to prevent harm\n(1) The authorised employee may seize anything found on or with the\nresident in the conduct of the search if the employee reasonably\nbelieves it is necessary to do so to prevent the resident from\nharming himself or herself or others.\n(2) The authorised employee may do so by using reasonable force and\nassistance.\n(3) If the authorised employee seizes any of the following things, the\nemployee must, as soon as practicable after seizing it, give it to a\npolice officer:\n(a) a firearm as defined in section 3(1) of the Firearms Act 1997;\n(b) a controlled weapon, offensive weapon or prohibited weapon\nas defined in section 3 of the Weapons Control Act 2001;\n(c) a dangerous drug as defined in section 3(1) of the Misuse of\nDrugs Act 1990.\n(4) The authorised employee may destroy or otherwise dispose of\nanything seized under this section to prevent the resident from\nharming himself or herself or others.\n28 Records and reports\nAn authorised employee must, as soon as practicable after\nexercising a power under section 26 or 27:\n(a) make a record of the exercise of the power in the approved\nform; and\n(b) place the record on the resident's file.\n\nPart 3 Treatment and care of people with a disability\nDivision 5 Miscellaneous matters\nDisability Services Act 1993 17\n29 Approval of absence\n(1) The manager of a secure care facility may give approval to a\nresident of the facility under a treatment order or supervision order\nto be absent from the facility for any period:\n(a) for the purpose of receiving medical care, educational training\nor participating in arrangements of a social, recreational or\nvocational nature in accordance with the resident's treatment\nplan; or\n(b) for a purpose approved by the manager if the resident is\nescorted by:\n(i) a member of the staff of the facility; or\n(ii) a person authorised by the manager.\n(2) The resident's absence from the secure care facility is subject to\nany of the following conditions:\n(a) the resident is escorted by:\n(i) a member of the staff of the facility; or\n(ii) a person authorised by the manager;\n(b) other conditions decided by the manager of the facility.\n(3) However, the manager may give the approval only if it is not\ninconsistent with the resident's treatment order or supervision order.\n30 Person absent without approval\n(1) This section applies if a resident of a secure care facility under a\ntreatment order or supervision order:\n(a) is absent from the facility other than in accordance with the\nresident's treatment plan; or\n(b) is absent from the facility without approval given under\nsection 29; or\n(c) has been given approval to be absent under that section and\nany of the following occurs:\n(i) the resident fails to return to the facility before the end of\nthe leave;\n(ii) the resident fails to comply with a condition of the leave.\n\nPart 3 Treatment and care of people with a disability\nDivision 5 Miscellaneous matters\nDisability Services Act 1993 18\n(2) The manager of the facility must, as soon as practicable, report the\nresident's absence to a police officer.\n(3) The report must include sufficient information about the resident's\nhistory to enable the manager and police officer to make a joint\ninformed assessment of the risk posed by the resident and the\nperson's vulnerability.\n(4) The manager of the facility must also ensure the following are\nnotified of the resident's absence:\n(a) if the resident has a guardian – the guardian;\n(aa) if the resident has a decision maker – the decision maker;\n(b) if the resident has a primary carer other than the Agency – the\nprimary carer;\n(c) another person the manager considers should be aware of the\nresident's absence.\n(5) As soon as practicable after the resident is found, the manager of\nthe facility must ensure anyone notified under subsection (4) is\nnotified that the resident has been found.\n(6) The manager of the facility must ensure:\n(a) a record is made in the approved form about the resident's\nabsence; and\n(b) the record is placed on the resident's file.\n31 Apprehension of missing resident\n(1) This section applies if the manager of a secure care facility reports\nthe absence of a resident of the facility under a treatment order.\n(2) A police officer may, at the request of the manager of the secure\ncare facility:\n(a) apprehend the person; and\n(b) take the resident to the facility.\n(3) However, the manager of the secure care facility may make the\nrequest only if the manager is satisfied there is no other way of\napprehending and taking the person to the facility.\n(4) For subsection (2), the police officer may:\n(a) use reasonable force and assistance; and\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 1 Basic concepts\nDisability Services Act 1993 19\n(b) enter any place, including any dwelling, where the officer\nreasonably believes the resident may be found.\n32 Transfer of resident to another secure care facility\n(1) The CEO may transfer a resident in a secure care facility to another\nsecure care facility if satisfied the transfer will enable the more\neffective provision of disability or other services to meet the\nresident's needs.\n(2) However, the CEO must consult with the manager of the other\nsecure care facility before directing the transfer.\n(3) On the transfer of the resident, the secure care facility to which the\nresident is transferred is taken to be the secure care facility stated\nin the resident's treatment order.\nPart 4 Behaviour support plans and restrictive\ninterventions\nDivision 1 Basic concepts\n33 Definitions\nIn this Part:\nbehaviour support plan, see section 36(1).\nchemical restraint, see section 34.\nphysical restraint, of a resident of a residential facility, means the\nuse by a person of any part of the person's body to restrict the free\nmovement of the resident for the purpose of controlling the\nresident's behaviour.\nrestraint means chemical or physical restraint.\nrestricting access, see section 35.\nrestrictive intervention, for a resident of a residential facility,\nmeans any intervention used to restrict the resident's rights or\nfreedom of movement at the facility, and includes:\n(a) chemical restraint; and\n(b) physical restraint; and\n(c) seclusion; and\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 2 Behaviour support plans\nDisability Services Act 1993 20\n(d) restricting access.\nseclusion, of a resident of a residential facility, means the sole\nconfinement of the resident at any time of the day or night in a room\nor area at the facility from which free exit is prevented.\n34 Meaning of chemical restraint\n(1) The chemical restraint of a resident of a residential facility is the\nuse of medication prescribed by a medical practitioner, including a\nfixed daily dose and pro re nata medication, for the purpose of\ncontrolling the resident's behaviour.\n(2) However, using medication prescribed by a medical practitioner for\nthe treatment, or to enable the treatment, of a mental illness or a\nphysical illness or physical condition is not chemical restraint.\n(3) In this section:\nmental illness, see section 6 of the Mental Health and Related\nServices Act 1998.\n35 Meaning of restricting access\nRestricting access is the restriction of access by a resident of a\nresidential facility to a thing at the facility for the purpose of:\n(a) controlling the resident's behaviour; or\n(b) preventing the resident using the thing to cause harm to\nhimself or herself or others.\nExample for paragraph (b)\nLocking a drawer in which knives are kept to prevent a resident from using the\nknives to cause harm.\nDivision 2 Behaviour support plans\n36 Preparation of behaviour support plan\n(1) Before a person with a disability becomes a resident of a secure\ncare facility, the CEO must prepare a document (a behaviour\nsupport plan) for the person stating a range of strategies to be\nused in managing the person's behaviour.\n(2) The behaviour support plan must include proactive strategies to\nbuild on the person's strengths and increase the person's life skills.\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 2 Behaviour support plans\nDisability Services Act 1993 21\n(3) In preparing the behaviour support plan, the CEO must consult\nwith:\n(a) the person; and\n(b) providers of services to the person; and\n(c) the following persons:\n(i) if the person has a guardian – the guardian;\n(ia) if the person has a decision maker – the decision maker;\n(ii) if the person has a primary carer other than the\nAgency – the primary carer;\n(iii) others who are integral to the development or\nimplementation of the plan for the person.\n(4) On preparation of the behaviour support plan, the CEO must give\nnotice of its preparation, and a copy of it, to:\n(a) the person with a disability; and\n(b) each of the other persons consulted in its preparation.\n(5) In addition, if the behaviour support plan includes the use of a\nrestrictive intervention on the person, the notice must state:\n(a) the form of the restrictive intervention; and\n(b) the recipients have a right to apply to the review panel for a\nreview of the decision for the inclusion.\n(6) Also, on the person becoming a resident of a residential facility, the\nCEO must give a copy of the behaviour support plan to the\nmanager of the facility.\n37 Use of restrictive intervention included in behaviour support\nplan\n(1) This section applies if the CEO:\n(a) is satisfied the matters mentioned in section 41(2) apply to a\nperson with a disability; and\n(b) proposes to include the use of a form of restrictive intervention\non the person.\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 2 Behaviour support plans\nDisability Services Act 1993 22\n(2) The behaviour support plan for the person must:\n(a) state the circumstances in which the proposed form of\nrestrictive intervention is to be used for behaviour\nmanagement; and\n(b) explain how the use of the restrictive intervention will be of\nbenefit to the person; and\n(c) show the use of the restrictive intervention is the option that is\nthe least restrictive of the person as is possible in the\ncircumstances.\n38 Behaviour support plan required for residents\nThe manager of a residential facility must ensure a behaviour\nsupport plan is in force for each resident of the facility.\n39 Review of behaviour support plan – CEO\n(1) A behaviour support plan for a person with a disability must be\nreviewed by the CEO at least once in each 12 months.\n(2) In addition, the person with a disability or a person consulted in its\npreparation may request the CEO to review the behaviour support\nplan at any time.\n(3) In reviewing the behaviour support plan, the CEO must consult\nwith:\n(a) the person; and\n(b) providers of services to the person; and\n(c) the following persons:\n(i) if the person has a guardian – the guardian;\n(ia) if the person has a decision maker – the decision maker;\n(ii) if the person has a primary carer other than the\nAgency – the primary carer;\n(iii) others who are integral to the development or\nimplementation of the plan for the person.\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 3 Use of restrictive interventions\nDisability Services Act 1993 23\n40 Review of behaviour support plan – review panel\n(1) A resident of a residential facility or someone else consulted on the\npreparation of the behaviour support plan for the resident may\napply to the review panel for the review of the inclusion of the use\nof a restrictive intervention in the plan.\n(2) The review panel must:\n(a) confirm the decision to include the use of the restrictive\nintervention in the resident's behaviour support plan and\ndismiss the application; or\n(b) direct the CEO to prepare a new behaviour support plan for\nthe resident in accordance with the order; or\n(c) direct the use of the restrictive intervention be removed from\nthe behaviour support plan for the resident.\n(3) In making its decision, the review panel must have regard to the\ntreatment and care principles.\nDivision 3 Use of restrictive interventions\n41 Offence to use restrictive intervention\n(1) A person must not use a restrictive intervention on a resident of a\nresidential facility.\nMaximum penalty: 40 penalty units.\n(2) Subsection (1) does not apply if:\n(a) the use is necessary:\n(i) to prevent the resident from causing physical harm to\nhimself or herself or others; or\n(ii) to prevent the resident from destroying property if to do\nso could involve the risk of harm to himself or herself or\nothers; and\n(b) the use and form of the restrictive intervention is the option\nthat is the least restrictive of the resident as is possible in the\ncircumstances; and\n(c) the use and form of the restrictive intervention is in\naccordance with the resident's behaviour support plan; and\n\nPart 4 Behaviour support plans and restrictive interventions\nDivision 3 Use of restrictive interventions\nDisability Services Act 1993 24\n(d) for the use of seclusion:\n(i) the resident is supplied with bedding and clothing\nappropriate in the circumstances; and\n(ii) the resident has access to adequate heating or cooling\nas is appropriate in the circumstances; and\n(iii) the resident is provided with food and drink at the\nappropriate times; and\n(iv) the resident is provided with adequate toilet\narrangements; and\n(v) the resident is able to communicate with staff at the\nresidential facility; and\n(vi) the seclusion is not longer than a continuous period of\n3 hours; and\n(vii) the resident be visited and observed at intervals no\nlonger than 15 minutes; and\n(viii) a record of the use is made under section 43.\n(3) In addition, subsection (1) does not apply if restraint is applied to\nthe resident, or the resident is kept in seclusion, in accordance with\nsection 42.\n42 Emergency use of restraint or seclusion\n(1) This section applies if:\n(a) a resident of a residential facility does not have a behaviour\nsupport plan providing for the use of restraint or seclusion; and\n(b) a provider of services to the resident is satisfied the use of\nrestraint or seclusion is necessary because there is an\nimminent risk of the resident causing serious physical harm to\nhimself or herself or others.\n(2) The provider of services may use restraint or seclusion on the\nresident if:\n(a) the use and form of restraint or seclusion is the least\nrestrictive for the resident as is possible in the circumstances;\nand\n(b) the provider immediately gives notice in the approved form to\nthe CEO of the use of restraint or seclusion.\n\nPart 5 Complaints\nDisability Services Act 1993 25\nDivision 4 Records and reports\n43 Record to be kept of use of restrictive intervention\nA provider of services who uses a restrictive intervention on a\nresident of a residential facility must, as soon as practicable after\nthe use:\n(a) make a record of the use in the approved form; and\n(b) place the record on the resident's file.\n44 Manager of residential facility to keep records of use of\nrestrictive intervention\nThe manager of a residential facility must ensure:\n(a) a record is made in the approved form of each incident\ninvolving the use of force in using a restrictive intervention;\nand\n(b) the record is placed on the resident's file.\nPart 5 Complaints\n45 Complaint procedures to be established\n(1) The manager of a residential facility must establish procedures that\nare accessible and fair to deal with complaints relating to residents\nof the facility.\n(2) The procedures must aim:\n(a) to investigate and, wherever possible, resolve complaints by a\nprocess within the residential facility; and\n(b) to promote improvements in the quality of the policies,\nprocedures and services of the facility.\n(3) The manager of a residential facility must ensure written information\nof the established complaints procedures is accessible to each of\nthe following:\n(a) a resident of the facility;\n(b) if the resident has a guardian – the guardian;\n(c) if the resident has a decision maker – the decision maker.\n\nPart 5 Complaints\nDisability Services Act 1993 26\n46 Making complaint\n(1) Each of the following persons may make a complaint to the\nmanager of a residential facility about a matter mentioned in\nsubsection (2):\n(a) a resident of the facility;\n(b) if a resident of the facility has a guardian – the guardian;\n(ba) if the resident has a decision maker – the decision maker;\n(c) if the resident has a primary carer other than the Agency – the\nprimary carer;\n(d) someone else who has a genuine interest in the treatment and\ncare of a resident of the facility.\n(2) Without limiting subsection (1), a complaint may be made about:\n(a) the failure to recognise any right of a resident under this Act;\nor\n(b) the administration of this Act that relates directly to the\nprovision of services under the treatment plan for a resident.\n47 Acknowledgment of complaint\nAs soon as reasonably practicable after a complaint is made, the\nmanager of the residential facility must ensure the complainant is\ngiven a written acknowledgment.\n48 Investigation of complaint\nThe manager of the residential facility must ensure:\n(a) the complaint is investigated in accordance with the\nestablished complaints procedures; and\n(b) the complainant is:\n(i) kept informed of the progress of the investigation at\nregular intervals; and\n(ii) informed of the action taken on completion of the\ninvestigation.\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 1 Principal community visitor and community visitors\nDisability Services Act 1993 27\n49 Records and reports about complaints\n(1) The manager of a residential facility must ensure a full and accurate\nrecord of the nature of each complaint, and any investigation and\nother action taken in relation to it, is made in a register kept for the\npurpose.\n(2) The manager of a residential facility must ensure the register is\nmade available to a community visitor for inspection when\nrequested by the community visitor.\n(3) The manager of a residential facility must give the CEO and\nprincipal community visitor, at least once in each 6 months, a report\ncontaining details of:\n(a) the pattern of complaints made during the period of the report;\nand\n(b) any changes made to prevent a recurrence of the activities\nthat led to the complaints.\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 1 Principal community visitor and community\nvisitors\n50 Appointment\n(1) The Minister must appoint a person to be the principal community\nvisitor.\n(2) The Minister may appoint a person to be a community visitor.\n(3) A person must not be appointed to be a community visitor if:\n(a) the person does not have appropriate qualifications; or\n(b) the person is employed by, or has a direct interest in any\ncontract with, the Agency.\n(4) An appointee holds office for 3 years and is eligible to be\nreappointed.\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 1 Principal community visitor and community visitors\nDisability Services Act 1993 28\n(5) To avoid doubt, this section does not prevent an appointee\nconcurrently holding office as the principal community visitor or a\ncommunity visitor under the Mental Health and Related Services\nAct 1998.\n51 Interim community visitor\n(1) The principal community visitor may appoint a person to be a\ncommunity visitor (an interim community visitor) for the period (of\nnot more than 60 days) stated in the instrument of appointment.\n(2) A person must not be appointed to be an interim community visitor\nunless the person is qualified for appointment to be a community\nvisitor.\n(3) The appointment of an interim community visitor ceases at the\nearliest of the following:\n(a) when the period of appointment ends;\n(b) when the appointment is terminated;\n(c) when the person resigns office;\n(d) when the Minister appoints the person to be a community\nvisitor.\n(4) The Minister may terminate the appointment before the period of\nappointment ends.\n52 Resignation and termination of appointment\n(1) A community visitor may resign office by written notice given to the\nMinister.\n(2) The Minister may, by written notice given to a community visitor,\nterminate the community visitor's appointment:\n(a) on the ground of misbehaviour; or\n(b) on the ground the community visitor becomes physically or\nmentally incapable of satisfactorily performing the functions of\noffice.\n(3) In addition, the appointment is terminated if:\n(a) the community visitor:\n(i) becomes bankrupt; or\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 2 Powers and functions of community visitors\nDisability Services Act 1993 29\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe community visitor's remuneration for their benefit; or\n(b) the community visitor is found guilty by a court in the Territory\nof an offence punishable by imprisonment for 12 months or\nmore; or\n(c) the community visitor is found guilty by a court outside the\nTerritory of an offence which, if committed against a law of the\nTerritory, would be an offence punishable by imprisonment for\n12 months or more.\n53 Functions and powers\nA community visitor has the functions and powers conferred by this\nAct.\nSubdivision 2 Powers and functions of community visitors\n54 Functions of principal community visitor\nThe functions of the principal community visitor are as follows:\n(a) to establish standards, principles and protocols for community\nvisitors to exercise their powers and perform their functions;\n(b) to oversee the preparation and circulation of publications to\nresidents of residential facilities, providers of services and the\npublic generally explaining the role of community visitors and\nhow they may be contacted;\n(c) to ensure community visitors exercise their powers and\nperform their functions in accordance with the established\nprinciples, standards and protocols;\n(d) to ensure the inspection by a community visitor of:\n(i) a secure care facility at least once each month; or\n(ii) an appropriate place at least once each 3 months.\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 2 Powers and functions of community visitors\nDisability Services Act 1993 30\n55 Inquiry functions\n(1) A community visitor may inquire into and make recommendations\nrelating to:\n(a) the adequacy of information relating to:\n(i) the rights of residents receiving treatment and care at\nresidential facilities; and\n(ii) the complaint procedures under Part 5; and\n(b) the accessibility and effectiveness of the complaint\nprocedures; and\n(c) the failure of persons employed in residential facilities to\ncomply with this Act; and\n(d) the use of restrictive interventions; and\n(e) any matter the community visitor considers appropriate having\nregard to the treatment and care principles; and\n(f) any matter as directed to the principal community visitor by the\nMinister.\n(2) A community visitor must refer to the principal community visitor\nany matter the community visitor considers should be investigated\nby a community visitors panel.\n56 Complaint functions\nA community visitor must:\n(a) be accessible to residents of residential facilities to hear and\nfacilitate the resolution of complaints they may have; and\n(b) help the residents make complaints, apply for reviews or file\nnotices of appeal under this Act.\n57 Visiting and inspections of residential facilities\n(1) When visiting a residential facility, a community visitor must inspect\ndocuments made under this Act about the use of restrictive\ninterventions on residents of the facility.\n(2) A community visitor may at any reasonable time (without notice)\nexercise the following powers:\n(a) enter a residential facility;\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 2 Powers and functions of community visitors\nDisability Services Act 1993 31\n(b) visit and communicate with residents of a residential facility;\n(c) inspect a residential facility and any documents relating to\nresidents of the facility made or kept for this Act.\n(3) When directed by the Minister, the principal community visitor must\narrange for a community visitor to inspect a residential facility at the\ntimes stated by the Minister.\n58 Requests to be contacted by community visitors\n(1) The manager of a residential facility must ensure a resident of the\nfacility and the interested persons for the resident are given oral or\nwritten information about the role of the community visitors program\nunder this Part, including the following:\n(a) the resident's right to be visited by a community visitor;\n(b) the right of the resident and the interested persons for the\nresident to contact a community visitor;\n(c) how to contact a community visitor.\n(2) For subsection (1), the interested persons for the resident are the\nfollowing:\n(a) if the resident has a guardian – the guardian;\n(aa) if the resident has a decision maker – the decision maker;\n(b) if the resident has a primary carer of the resident other than\nthe Agency – the primary carer;\n(c) another person the manager considers should be aware of the\nresident's rights.\n(3) A resident of a residential facility may ask to be contacted by a\ncommunity visitor.\n(4) The manager of a residential facility must send the request to the\nprincipal community visitor as soon as practicable and, in any\nevent, not later than 24 hours after it is made.\n(5) The principal community visitor must ensure a community visitor\ncontacts, or attempts to contact, the resident before the end of the\nnext business day after the principal community visitor receives the\nrequest.\n(6) In this section:\ncontact includes contact by telephone or email.\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 3 Community visitors panel\nDisability Services Act 1993 32\n59 Reports by community visitors\n(1) A community visitor who visits a residential facility must give a\nreport of his or her visit, including any findings and\nrecommendations, to the principal community visitor.\n(2) The principal community visitor must give the manager of the\nresidential facility a copy of the report.\n(3) The principal community visitor may report to the CEO if he or she\nreasonably believes the manager of a residential facility has not\ntaken adequate or reasonable action to implement a\nrecommendation made by a community visitor in a report under this\nsection.\n(4) If the principal community visitor considers a matter mentioned in\nthe report falls within the functions conferred by a law of the\nTerritory, the Commonwealth, a State or another Territory on a\nperson, tribunal or other entity, the principal community visitor may\nrefer the matter to the person, tribunal or entity.\nSubdivision 3 Community visitors panel\n60 Establishment\nThe community visitors panel is established.\n61 Appointment of members\n(1) The Minister must appoint the following persons to be members of\nthe community visitors panel:\n(a) a lawyer;\n(b) a medical practitioner;\n(c) another person who represents the interest of people with a\ndisability.\n(2) A person must not be appointed to be a member of the community\nvisitors panel if the person is employed by, or has a direct interest\nin any contract with, the Agency.\n(3) The community visitors panel must, as far as practicable, include\npersons of both sexes and of diverse ethnic backgrounds (including\nAboriginal and Torres Strait Islander backgrounds).\n(4) The Minister must appoint one member of the community visitors\npanel to be the chairperson of the panel.\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 3 Community visitors panel\nDisability Services Act 1993 33\n(5) A member of a community visitors panel holds office for 3 years\nand is eligible for reappointment.\n62 Resignation and termination of appointment of members\n(1) A member of the community visitor panel may resign office by\nwritten notice given to the Minister.\n(2) The Minister may, by written notice given to a member of the\ncommunity visitor panel, terminate the member's appointment:\n(a) on the ground of misbehaviour; or\n(b) on the ground the member becomes physically or mentally\nincapable of satisfactorily performing the functions of office.\n(3) In addition, the appointment is terminated if:\n(a) the member:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe member's remuneration for their benefit; or\n(b) the member is found guilty by a court in the Territory of an\noffence punishable by imprisonment for 12 months or more; or\n(c) the member is found guilty by a court outside the Territory of\nan offence which, if committed against a law of the Territory,\nwould be an offence punishable by imprisonment for\n12 months or more.\n63 Functions of community visitors panel\n(1) The members of a community visitors panel must, as a group, visit\neach secure care facility at least once in each 6 months.\n(2) When visiting the secure care facility, the members of the\ncommunity visitors panel must enquire into:\n(a) the extent to which residents of the facility receive treatment\nand care in conditions that provide the least restrictive and\nleast intrusive environment enabling the treatment and care to\nbe effectively given; and\n\nPart 6 Community visitors program\nDivision 1 Administration\nSubdivision 3 Community visitors panel\nDisability Services Act 1993 34\n(b) the adequacy of information provided by the manager of the\nfacility about the complaints procedures and other rights under\nthis Act; and\n(c) the accessibility and effectiveness of internal complaints\nprocedures of the facility; and\n(d) any failure of persons employed at the facility to comply with\nthis Act; and\n(e) any other matter the panel consider appropriate having regard\nto the treatment and care principles; and\n(f) any other matter referred to it by the Minister or principal\ncommunity visitor.\n(3) The members of a community visitors panel may, when visiting a\nsecure care facility:\n(a) inspect any part of the facility; and\n(b) visit a resident of the facility; and\n(c) inquire into the admission, treatment and care of residents;\nand\n(d) inspect records or other documents relating to residents; and\n(e) inspect other records or registers made under this Act.\n64 Reports by community visitors panel\n(1) The chairperson of the community visitors panel must give the\nprincipal community visitor a report of the panel's visit to a secure\ncare facility as soon as practicable after the visit.\n(2) The report must be in writing and contain details of the following:\n(a) the actions and inquiries undertaken by the panel;\n(b) the results of attempts by the panel to resolve particular\nmatters;\n(c) those matters not resolved by the panel;\n(d) those matters that require further attention by the panel;\n(e) the results of inquiries from previous visits made by the panel;\n(f) any recommendations of the panel arising out of the visit.\n\nPart 6 Community visitors program\nDivision 2 Miscellaneous matters\nDisability Services Act 1993 35\n(3) The principal community visitor must give a copy of the report to the\nmanager of the secure care facility.\n(4) The Minister may require the principal community visitor to arrange\nfor a community visitors panel to report to the Minister, through the\nprincipal community visitor, on a matter and at the times and in the\nway directed by the Minister.\nDivision 2 Miscellaneous matters\n65 Assistance to be provided\n(1) The manager and each employee of a residential facility must give\nreasonable assistance and cooperation to the following persons in\nthe exercise of their powers and performance of their functions\nunder this Act:\n(a) a community visitor;\n(b) a member of the community visitors panel;\n(c) a member of the review panel.\n(2) For subsection (1), reasonable assistance and cooperation to be\ngiven to a person includes answering questions and responding to\nenquiries.\n66 Annual report\n(1) Within 3 months after the end of each financial year, the principal\ncommunity visitor must give the Minister a report on the activities of\ncommunity visitors and community visitors panels in the year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n67 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the CEO;\n(b) a community visitor;\n(c) a member of the community visitors panel;\n(d) a member of the review panel.\n\nPart 6 Community visitors program\nDivision 2 Miscellaneous matters\nDisability Services Act 1993 36\n(2) In addition, a person is not civilly or criminally liable for an act done,\nor omitted to be done, by the person in good faith and exercising\ndue diligence in the course of delivering treatment or other services\nto a resident of a residential facility for this Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from that subsection, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n68 Confidentiality of information\n(1) A person commits an offence if the person:\n(a) obtains information in the course of performing functions\nconnected with the administration or enforcement of this Act;\nand\n(b) engages in conduct that results in the disclosure of the\ninformation to someone else.\nMaximum penalty: 40 penalty units.\n(2) Subsection (1) does not apply if the person engages in the conduct\nin exercising a power or performing a function under this Act.\n(3) In addition, subsection (1) does not apply if the information is\ndisclosed:\n(a) with the consent of the person to whom the information\nrelates; or\n(b) to a health service provider for providing a health service to a\nperson; or\n(c) to a health profession body; or\n(d) to a court or tribunal for a legal proceeding arising out of the\noperation of this Act; or\n(e) to a law enforcement agency for a criminal investigation; or\n(f) to a police officer if:\n(i) the person to whom the information relates is in a\nsituation requiring immediate restrictive intervention; and\n\nPart 7 Other matters of administration\nDivision 1 Review panel\nDisability Services Act 1993 37\n(ii) the person:\n(A) is likely to cause serious harm to himself or herself\nor to someone else; or\n(B) represents a substantial danger to members of the\npublic; and\n(iii) the information is relevant to the safe resolution of the\nsituation.\n(4) In this section:\nhealth profession body means:\n(a) a National Health Practitioner Board established under the\nHealth Practitioner Regulation National Law; or\n(b) a State or Territory Board established under that Law by a\nBoard mentioned in paragraph (a); or\n(c) the Australian Health Practitioner Regulation Agency\nestablished under that Law.\nhealth service provider, see section 5 of the Health Practitioner\nRegulation National Law.\nlaw enforcement agency, see section 4 of the Information Act\n2002.\nPart 7 Other matters of administration\nDivision 1 Review panel\n69 Establishment\nThe review panel is established for this Act.\n70 Membership\n(1) The review panel consists of the following persons appointed by the\nMinister:\n(a) a lawyer;\n(b) a person with a special interest or expertise in people with a\ndisability, including a provider of services to persons having a\ncomplex cognitive impairment;\n\nPart 7 Other matters of administration\nDivision 1 Review panel\nDisability Services Act 1993 38\n(c) a person representing the interests of the community.\n(2) A person must not be appointed to be a member of the review\npanel if the person is:\n(a) a community visitor; or\n(b) a person employed by, or who has a direct interest in any\ncontract with, the Agency.\n(3) The Minister must appoint one of the members of the review panel\nto be member the chairperson of the review panel.\n(4) A member of the review panel holds office for 3 years and is eligible\nfor reappointment.\n71 Resignation and termination\n(1) A member of the review panel may resign by written notice given to\nthe Minister.\n(2) The Minister may, by written notice given to a member of the review\npanel, terminate the member's appointment:\n(a) on the ground of misbehaviour; or\n(b) on the ground the member becomes physically or mentally\nincapable of satisfactorily performing the functions of office.\n(3) In addition, the appointment is terminated if:\n(a) the member:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe member's remuneration for their benefit; or\n(b) the member is found guilty by a court in the Territory of an\noffence punishable by imprisonment for 12 months or more; or\n(c) the member is found guilty by a court outside the Territory of\nan offence which, if committed against a law of the Territory,\nwould be an offence punishable by imprisonment for\n12 months or more.\n\nPart 7 Other matters of administration\nDivision 2 Other matters\nDisability Services Act 1993 39\nDivision 2 Other matters\n72 Secure care facilities\nThe Minister may, by Gazette notice, declare premises that are\noperated by the Agency to provide services for the treatment and\ncare of people with a disability to be a secure care facility.\n72A Requirement to notify or consult with decision maker\n(1) If the CEO is required by a provision of this Act to notify or consult\nwith a person's decision maker, it is sufficient compliance with that\nprovision if the CEO:\n(a) takes reasonable steps to ascertain whether the person has a\ndecision maker; and\n(b) takes reasonable steps to notify or consult with any decision\nmaker whom the CEO is aware of after complying with\nparagraph (a).\n(2) If the manager of a residential facility is required by a provision of\nthis Act to notify a resident's decision maker about a matter, it is\nsufficient compliance with the provision if the manager takes\nreasonable steps to notify each decision maker for the resident of\nwhom the CEO or manager is aware.\n73 Approved forms\nThe CEO may approve forms for this Act.\n74 Delegations\n(1) The Minister may delegate any of the Minister's powers under this\nAct to the CEO or a public sector employee in the Agency.\n(2) The CEO may delegate any of the CEO's powers under this Act to\na public sector employee in the Agency.\n\nPart 8 Miscellaneous matters\nDisability Services Act 1993 40\nPart 8 Miscellaneous matters\n75 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n76 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may provide for any of the following:\n(a) applying, adopting or incorporating (with or without changes)\nthe whole or part of a document as in force or existing at a\nparticular time or from time to time;\n(b) an offence against a regulation to be an offence of strict or\nabsolute liability but not with a penalty exceeding 100 penalty\nunits.\n\nSchedule 1 Objects\nDisability Services Act 1993 41\nSchedule 1 Objects\nsection 3(3)\nThe objects to the furthering of which the Minister must have regard\nare:\n(a) to ensure that persons with disabilities receive the services\nnecessary to enable them to achieve their maximum potential\nas members of the community;\n(b) to ensure that services provided to persons with disabilities:\n(i) further the integration of persons with disabilities in the\ncommunity and complement services available generally\nto persons in the community;\n(ii) enable persons with disabilities to achieve positive\noutcomes such as increased independence,\nemployment opportunities and integration in the\ncommunity; and\n(iii) are provided in ways that promote in the community a\npositive image of persons with disabilities and enhance\ntheir self-esteem;\n(c) to ensure that the provision of services takes into account the\noutcomes to be achieved by persons with disabilities; and\n(d) to encourage innovation in the provision of services for\npersons with disabilities.\n\nSchedule 2 Principles\nDisability Services Act 1993 42\nSchedule 2 Principles\nsection 3(2)\nThe principles which are to be furthered with respect to persons\nwith disabilities are that:\n(a) persons with disabilities are individuals who have the inherent\nright to respect for their human worth and dignity;\n(b) persons with disabilities, whatever the origin, nature, type and\ndegree of disability, have the same basic human rights as\nother members of Australian society;\n(c) persons with disabilities have the same rights as other\nmembers of Australian society to realise their individual\ncapacities for physical, social, emotional and intellectual\ndevelopment;\n(d) persons with disabilities have the same right as other\nmembers of Australian society to services which will support\ntheir attaining a reasonable quality of life;\n(e) persons with disabilities have the same right as other\nmembers of Australian society to participate in decisions\nwhich affect their lives;\n(f) persons with disabilities receiving services have the same\nright as other members of Australian society to receive those\nservices in a manner which results in the least restriction of\ntheir rights and opportunities; and\n(g) persons with disabilities have the same right as other\nmembers of Australian society of the pursuit of a grievance in\nrelation to services.\n\nSchedule 3 Objectives\nDisability Services Act 1993 43\nSchedule 3 Objectives\nsection 3(2)\nThe objectives for providers of services or researchers are that:\n(a) the services should have as their focus, the achievement of\npositive outcomes for people with disabilities, such as\nincreased independence, employment opportunities and\nintegration into the community;\n(b) the services should contribute to ensuring that the conditions\nof the every-day life of people with disabilities are the same\nas, or as close as possible to, norms and patterns which are\nvalued in the general community;\n(c) the services should be provided as part of the local\nco-ordinated service systems and be integrated with services\ngenerally available to members of the community, wherever\npossible;\n(d) the services should be tailored to meet the individual needs\nand goals of the people with disabilities receiving those\nservices;\n(e) the program or the services should be designed and\nadministered to meet the needs of people with disabilities who\nexperience a double disadvantage as a result of their gender,\nethnic origin or Aboriginality;\n(f) the program or the services should be designed and\nadministered to promote recognition of the competence of,\nand enhance the image of, people with disabilities;\n(g) the program or the services should be designed and\nadministered to promote the participation of people with\ndisabilities in the life of the local community through maximum\nphysical and social integration in that community;\n(h) the program or the services should be designed and\nadministered to ensure that no single organisation providing\nservices exercises control over all or most aspects of the life\nof a person with disabilities;\n(j) the organisations or persons providing services to persons\nwith disabilities, whether those services are provided specially\nto persons with disabilities or generally to members of the\ncommunity, should be accountable to those persons with\ndisabilities who use their services, advocates of those\n\nSchedule 3 Objectives\nDisability Services Act 1993 44\npersons, the Territory and the community generally for the\nprovision of information from which the quality of their services\ncan be judged;\n(k) the program or the services should be designed and\nadministered to provide opportunities for people with\ndisabilities to reach goals and enjoy lifestyles which are valued\nby the community generally and are appropriate to their\nchronological age;\n(m) the services should be designed and administered to ensure\nthat persons with disabilities have access to advocacy support\nwhere necessary to ensure adequate participation in decision-\nmaking about the services they receive;\n(n) the program or the services should be designed and\nadministered to ensure that appropriate avenues exist for\npeople with disabilities to raise and have resolved any\ngrievances about services;\n(p) the program or the services should be designed and\nadministered to provide people with disabilities with, and\nencourage them to make use of, avenues for participating in\nthe planning and operation of services which they receive and\nthe Territory and organisations should provide opportunities\nfor consultation in relation to the development of major policy\nand program changes;\n(q) the program or the services should be designed and\nadministered to respect the rights of people with disabilities to\nprivacy and confidentiality; and\n(r) the activities of the provider of services which relate to\npersons with disabilities should be conducted in accordance\nwith the Principles set out in Schedule 2.\n\nENDNOTES\nDisability Services Act 1993 45\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDisability Services Act 1993 (Act No. 31, 1993)\nAssent date 9 July 1993\nCommenced 9 July 1993\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nDisability Services Amendment Act 2012 (Act No. 11, 2012)\nAssent date 27 April 2012\nCommenced 20 August 2012 (Gaz G31, 1 August 2012, p 4)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013 )\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\n\nENDNOTES\nDisability Services Act 1993 46\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 6, 8, 9, 14, 27, 50\nand 68.\n4 LIST OF AMENDMENTS\nlt sub No. 11, 2012, s 4\npt 1 hdg ins No. 11, 2012, s 8\ns 2 amd No. 54, 2004, s 7; No. 28, 2008, s 3; No. 11, 2012, s 5; No. 36, 2013,\ns 65; No. 19, 2014, s 26; No. 28, 2015, s 195; No. 15, 2016, s 117\nss 2A – 2B ins No. 11, 2012, s 6\npt 2 hdg ins No. 11, 2012, s 8\nss 3 – 4 amd No. 11, 2012, s 8\npt 3 hdg ins No. 11, 2012, s 7\npt 3\ndiv 1 hdg ins No. 11, 2012, s 7\ns 5 amd No. 12, 2003, s 18\nsub No. 11, 2012, s 7\nss 6 – 7 ins No. 11, 2012, s 7\npt 3\ndiv 2 hdg ins No. 11, 2012, s 7\ns 8 ins No. 11, 2012, s 7\ns 9 ins No. 11, 2012, s 7\namd No. 36, 2013, s 66\ns 10 ins No. 11, 2012, s 7\namd No. 36, 2013, s 67\nss 11 – 16 ins No. 11, 2012, s 7\ns 17 ins No. 11, 2012, s 7\namd No. 36, 2013, s 68\ns 18 ins No. 11, 2012, s 7\npt 3\ndiv 3 hdg ins No. 11, 2012, s 7\nss 19 – 20 ins No. 11, 2012, s 7\npt 3\ndiv 4 hdg ins No. 11, 2012, s 7\nss 21 – 25 ins No. 11, 2012, s 7\n\nENDNOTES\nDisability Services Act 1993 47\npt 3\ndiv 5 hdg ins No. 11, 2012, s 7\ns 26 ins No. 11, 2012, s 7\namd No. 38, 2014, s 2\ns 27 ins No. 11, 2012, s 7\namd No. 38, 2014, s 2; No. 4, 2017, s 34\nss 28 – 29 ins No. 11, 2012, s 7\ns 30 ins No. 11, 2012, s 7\namd No. 36, 2013, s 69\nss 31 – 32 ins No. 11, 2012, s 7\npt 4 hdg ins No. 11, 2012, s 7\npt 4\ndiv 1 hdg ins No. 11, 2012, s 7\nss 33 – 35 ins No. 11, 2012, s 7\npt 4\ndiv 2 hdg ins No. 11, 2012, s 7\ns 36 ins No. 11, 2012, s 7\namd No. 36, 2013, s 70\nss 37 – 38 ins No. 11, 2012, s 7\ns 39 ins No. 11, 2012, s 7\namd No. 36, 2013, s 71\ns 40 ins No. 11, 2012, s 7\npt 4\ndiv 3 hdg ins No. 11, 2012, s 7\nss 41 – 42 ins No. 11, 2012, s 7\npt 4\ndiv 4 hdg ins No. 11, 2012, s 7\nss 43 – 44 ins No. 11, 2012, s 7\npt 5 hdg ins No. 11, 2012, s 7\ns 45 ins No. 11, 2012, s 7\namd No. 36, 2013, s 72\ns 46 ins No. 11, 2012, s 7\namd No. 36, 2013, s 73\nss 47 – 49 ins No. 11, 2012, s 7\npt 6 hdg ins No. 11, 2012, s 7\npt 6\ndiv 1 hdg ins No. 11, 2012, s 7\npt 6\ndiv 1\nsdiv 1 hdg ins No. 11, 2012, s 7\nss 50 – 53 ins No. 11, 2012, s 7\npt 6\ndiv 1\nsdiv 2 hdg ins No. 11, 2012, s 7\nss 54 – 57 ins No. 11, 2012, s 7\ns 58 ins No. 11, 2012, s 7\namd No. 36, 2013, s 74\ns 59 ins No. 11, 2012, s 7\npt 6\ndiv 1\nsdiv 3 hdg ins No. 11, 2012, s 7\nss 60 – 61 ins No. 11, 2012, s 7\ns 62 ins No. 11, 2012, s 7\namd No. 38, 2014, s 2\nss 63 – 64 ins No. 11, 2012, s 7\npt 6\ndiv 2 hdg ins No. 11, 2012, s 7\nss 65 – 68 ins No. 11, 2012, s 7\n\nENDNOTES\nDisability Services Act 1993 48\npt 7 hdg ins No. 11, 2012, s 7\npt 7\ndiv 1 hdg ins No. 11, 2012, s 7\ns 69 ins No. 11, 2012, s 7\ns 70 ins No. 11, 2012, s 7\namd No. 26, 2020, s 3\ns 71 ins No. 11, 2012, s 7\npt 7\ndiv 2 hdg ins No. 11, 2012, s 7\ns 72 ins No. 11, 2012, s 7\ns 72A ins No. 36, 2013, s 75\nss 73 – 74 ins No. 11, 2012, s 7\npt 8 hdg ins No. 11, 2012, s 7\nss 75 – 76 ins No. 11, 2012, s 7\nsch 1 amd No. 11, 2012, s 8","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has been substantially expanded since its original 1993 form. The 2012 amendments (and later technical amendments) added a comprehensive involuntary treatment and secure care regime (Part 3), a detailed restrictive interventions regime and behaviour support planning (Part 4), and an institutionalised oversight structure (principal community visitor, community visitors and panels, and a review panel) (see amendment history and endnotes). Mechanically, the law shifted from primarily funding and promoting services and principles (Schedules 1–3) to also authorising coercive admissions, detailed limits on restraint and seclusion, statutory inspection powers and judicial processes for detention and appeal (ss 5, 8–16, 33–44, 50–71). The practical effect is an expansion of state authority and associated compliance, administrative oversight and judicial architecture beyond the Act's original service‑funding focus."},"complexity_factors":["Extensive defined terms and cross‑references in the interpretation section (s 2) — multiple statutory cross‑links to the Criminal Code, Mental Health and Related Services Act 1998, Guardianship of Adults Act 2016, Advance Personal Planning Act 2013, Health Practitioner Regulation National Law and Information Act 2002.","Multiple substantive Parts with interlocking administrative, judicial and clinical processes (Parts 2–7): funding, treatment orders, restrictive interventions, complaints, community visitors and review panel.","Nested and conditional rules for restrictive interventions: general prohibition (s 41) with multiple layered exceptions and detailed seclusion conditions (s 41(2)), plus a separate emergency use regime (s 42).","Numerous timelines and procedural deadlines (notice within 1 business day s 9(1); treatment order durations 6 months–2 years s 16; 6‑monthly court progress reports s 15(1); annual behaviour plan reviews s 39(1); appeal time limit 28 days s 21(2)).","Multiple oversight bodies and appeal routes (Local Court, Supreme Court, review panel, community visitors panel) with different remits and powers (ss 21–25, 50–71).","Significant executive discretion (Minister/CEO) to approve funding, declare secure care facilities, delegate powers and approve forms and regulations (ss 3–4, 72, 73–74, 76).","Record‑keeping, reporting and confidentiality obligations that create compliance complexity across providers and managers (ss 28, 43–44, 68).","Amendment history shows major insertions (notably No.11, 2012) that created new Parts and processes, increasing cross‑referencing and exceptions (endnotes and list of amendments)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Authorises the Northern Territory Government to fund disability services, researchers and individuals, and to set terms for that funding (ss 3–4).\n- Defines when the Territory can use compulsory, court-ordered treatment and secure residential care for adults with a disability who meet a high-risk test (the Local Court may make a \"treatment order\" if statutory criteria are met) (ss 5, 8–16).\n- Requires the Chief Executive Officer (CEO) to prepare treatment plans and behaviour support plans before admission to secure care and to review them on set cycles (ss 6, 36, 39).\n- Establishes rules about restrictive interventions (chemical restraint, physical restraint, seclusion and restricting access), forbids them except in narrowly‑specified circumstances, and requires records when they are used (ss 33–44).\n- Creates an internal complaints process for residential facilities and an external oversight structure: principal community visitor, community visitors, community visitors panels and a review panel with specified inspection, inquiry and review powers (Parts 5–7, ss 45–71).\n- Gives the Minister and CEO broad administrative powers (appointing panels, declaring secure care facilities, approving forms, delegations and regulations) (ss 50, 72, 73–74, 76).\n\n\nWho is affected and who decides\n\n- People affected: adults with disabilities (defined at s 2) — particularly those with a \"complex cognitive impairment\" who engage in repetitive, high‑risk behaviour and may be admitted to secure care under a treatment order (s 5).\n- Decision‑makers: the CEO and the Minister run the program administration; the Local Court decides whether to make treatment orders; the Supreme Court hears appeals; police may be used to apprehend a person ordered to secure care (ss 8, 12, 14, 21–25).\n- Service providers and facility managers: must prepare and hold behaviour support plans, operate complaint procedures, keep records, allow inspections and comply with reporting and other conditions attached to funding (ss 36–44, 45–49, 59, 63).\n- Guardians and decision makers (appointed under other laws) and primary carers are given notice and consultation rights in many processes (ss 9, 36(3), 39(3), 58).\n\n\nWhy it matters (official purpose, then practical testing)\n\n- The Act's stated purpose is to provide services that help people with disabilities achieve outcomes (Schedules 1–3). The 2012 and later amendments expanded the Act to add a statutory regime for involuntary treatment, secure care and oversight mechanisms (see endnotes and amendment history).\n\nTesting that purpose against practical costs and incentives\n\n- Who pays: public funds supplied by the Territory finance approved providers, researchers and service programs; the Minister sets funding conditions (ss 3–4). That concentrates fiscal costs on the Territory budget and places administrative compliance costs on providers.\n- Who decides and where discretion sits: the Minister and CEO have considerable discretion (approving funding, delegations, declaring secure care facilities, approving forms) (ss 3–4, 72, 73–74). The Local Court exercises coercive power (making treatment orders) but relies on the CEO to bring applications and on departmental reports to justify continued detention (ss 8, 12, 15–17). This structure concentrates operational discretion in the executive with judicial oversight at the order/appeal stages.\n- Behaviour changes and incentives: providers who want funding must demonstrate alignment with statutory principles and objectives (Schedules 2–3; s 3(2)), which may incentivise designing services that meet those objectives but could also deter providers from working with people who are costly or complex to serve. Managers must adopt complaint procedures and record‑keeping practices, increasing administrative burden (ss 45–49, 28, 43–44).\n- Trade‑offs and opportunity costs: giving the Agency power to seek court orders enabling compulsory secure care trades individual liberty for a statutory framework intended to deliver therapeutic services (ss 5, 12–16). The Act requires that secure care be used only when there is no less restrictive way (s 5(h); treatment and care principles s 2A(b)), but assessing and enforcing that standard depends on administrative judgment and court review — not a mechanistic test.\n- Compliance and implementation risk: many requirements are operational (behaviour support plans, six‑monthly progress reports to court, annual plan reviews, detailed seclusion conditions, recordkeeping and community visitor inspections) (ss 15, 36, 39, 41(2), 43–44, 54–64). Realising these safeguards depends on training, staffing, monitoring and timely reporting; resource shortfalls or uneven implementation create the risk that statutory protections will not be effectively delivered.\n- Bureaucratic burden and legal risk: managers, providers and the CEO must meet timelines (e.g. notice within one business day s 9(1), court reports every 6 months s 15(1), annual plan reviews s 39(1)), and failure to respect confidentiality, seclusion standards or procedural rights may give rise to criminal offences or appeals (ss 41, 68, 21–25).\n- Effects on private choice and competition: funding conditions, accountability and the requirement to accept oversight reduce some operational freedom for providers (ss 3–4, 73). The Act does not prevent private providers from operating, but to receive public funding or serve people who might be detained, providers will need to comply with statutory standards and data/reporting obligations.\n\n\nKey statutory reference points (examples):\n- Criteria and court process for compulsory treatment and secure care: ss 5, 8–16;\n- Behaviour support plans and required consultation: ss 36–40;\n- Prohibition and narrow exceptions for restrictive interventions and seclusion: ss 41–42 (with detailed conditions in s 41(2));\n- Complaint handling and records: Part 5 (ss 45–49); records and reporting obligations: ss 28, 43–44;\n- Oversight: principal community visitor, community visitors and panels, review panel (ss 50–71);\n- Funding and conditions attached to public funding: ss 3–4; guiding principles and objectives: Schedules 1–3.\n\n\nConcrete who‑pays/who‑decides statement\n\n- The Territory (via the Minister and the Agency) pays for and administers services and decides who is eligible for funded services and when to apply to the Local Court for secure care (ss 3–4, 8). The Local Court (and on appeal the Supreme Court) decides whether statutory criteria for involuntary treatment are satisfied (ss 12, 21–25). Police may be directed to apprehend persons subject to treatment orders (s 14).\n\n\nImplementation signals and concentrated benefits/costs\n\n- Concentrated benefits: entities operating secure care facilities and staff who deliver specialised services receive clear statutory support, funding pathways and indemnities (ss 72, 3, 67). The Act also creates paid oversight offices (principal community visitor) and panels.\n- Diffuse costs: increased administrative burden on providers, managers and the Agency (plans, reviews, records, reporting and inspections), and a potential increase in litigation and appeal activity where orders or restrictive interventions are contested (ss 36–44, 15, 21–25).\n\n\nBottom line (plain summary):\n\nThis Act sets the legal framework in the Northern Territory for funding disability services, and — after significant amendments — for admitting certain adults with complex cognitive impairments to secure care under court orders where they present a high risk of harm. It tightly regulates when and how restrictive interventions may be used, creates statutory oversight through community visitors and review panels, and imposes reporting, consultation and record‑keeping obligations on the Agency, facility managers and providers. The law places discretionary power with the Minister and CEO to fund, to start compulsory treatment processes and to manage facilities, while the courts retain the decision‑making role on detention orders and appeals (see ss 3–4, 5, 8–16, 33–44, 50–71)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1993 Act was primarily a funding and service coordination statute. The 2012 amendments (Disability Services Amendment Act 2012) fundamentally transformed it into a comprehensive civil commitment and behaviour management regime. The Act now includes: detailed involuntary treatment order processes (Part 3), restrictive intervention prohibitions with exceptions (Part 4), a community visitors program (Part 6), and a review panel (Part 7). The scope expanded from voluntary service provision to involuntary detention and restrictive practices oversight—essentially creating a parallel system to mental health laws for people with cognitive disabilities."},"complexity_factors":["Extensive cross-referencing with other NT legislation (Criminal Code, Mental Health and Related Services Act 1998, Guardianship of Adults Act 2016, Advance Personal Planning Act 2013, Firearms Act 1997, Weapons Control Act 2001, Misuse of Drugs Act 1990, Health Practitioner Regulation National Law)","Multiple overlapping decision-maker roles (guardian, decision maker, primary carer, CEO) with different notification requirements","Nested conditional logic for restrictive interventions: general ban → exceptions for behaviour support plans → further exceptions for emergencies → detailed conditions for seclusion (8 specific requirements in s 41(2)(d))","Dual pathways for involuntary care: treatment orders under this Act vs supervision orders under the Criminal Code, with interaction rules (s 14(4))","Complex administrative structure with three separate oversight bodies (community visitors, community visitors panel, review panel) with distinct but overlapping functions","47+ defined terms in s 2, many referencing external statutes","Conditional criminal liability (offence in s 41 with multiple overlapping exceptions in ss 41–42)","Procedural requirements with strict timeframes (e.g., 28 days for appeal, 30 days for renewal applications, 6-monthly reports, 24-hour request forwarding)"],"plain_english_summary":"The Act creates a comprehensive framework for funding and regulating disability services in the Northern Territory, including a legal process for admitting adults with complex cognitive impairment to secure care when they pose serious risks, and strict controls on restrictive interventions. It mandates behaviour support plans, independent oversight (community visitors and review panels), complaint rights and appeal routes.\n\nIt affects adults with disabilities, their families/decision‑makers, service providers, police and courts, balancing intensive support with legal safeguards and least‑restrictive principles."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/disability-services-act-1993","history":"/api/acts/disability-services-act-1993/history","analysis":"/api/acts/disability-services-act-1993/analysis","conflicts":"/api/acts/disability-services-act-1993/conflicts","importantCases":"/api/acts/disability-services-act-1993/important-cases","documents":"/api/acts/disability-services-act-1993/documents"}}