{"id":"human-services-complex-needs-act-2009","name":"Human Services (Complex Needs) Act 2009","slug":"human-services-complex-needs-act-2009","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174634,"registerId":"vic-human-services-complex-needs-act-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Human Services (Complex Needs) Act 2009","content":"Version No. 013\n\n**Human Services (Complex Needs) Act 2009**\n\n**No. 16 of 2009**\n\nVersion incorporating amendments as at  \n1 September 2023\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Guiding principles 3\n\nPart 2—Eligibility and care plans 5\n\nDivision 1—General 5\n\n5 Consultation with expert advisers 5\n\n6 Delegation 5\n\nDivision 2—Determination of eligibility 5\n\n7 Who is an eligible person? 5\n\n8 Secretary to determine eligibility of person 6\n\n9 Notice to be given to persons before determination is made 6\n\n10 Secretary to notify person of determination of eligibility 8\n\nDivision 3—Care plans 8\n\n11 Contract for assessment of eligible persons and development of care plans 8\n\n12 Development and approval of care plan 9\n\n13 What does development of a care plan involve? 9\n\n14 Seeking and disclosing information for purposes of developing a care plan 10\n\n15 Copy of care plan and notice to be given to eligible persons 11\n\n16 Care plan co-ordinator 12\n\n17 Service providers may share personal and health information to give effect to care plan 13\n\n18 Variation and termination of care plan 13\n\nPart 3—General 15\n\n19 Refusal by person to participate 15\n\n20 Form of notifications 15\n\n21 Notices also to be given to parents and guardians 16\n\n22 Support for eligible person 16\n\n23 Confidentiality provision 16\n\n24 Relationship of this Act to certain other laws 18\n\nPart 4—Repeal and transitional provisions 19\n\n25 Repeal 19\n\n26 Transitional provisions 19\n\nEndnotes 20\n\n1 General information 20\n\n2 Table of Amendments 22\n\n3 Explanatory details 24\n\n**Version No.** **013**\n\n**Human Services (Complex Needs) Act 2009**\n\n**No. 16 of 2009**\n\nVersion incorporating amendments as at  \n1 September 2023\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is to facilitate the delivery of welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services to certain persons with multiple and complex needs by providing for the assessment of such persons and the development and implementation of appropriate care plans.\n\n\t2 Commencement\n\n  (1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.\n\n(2) If this Act does not come into operation before 31 May 2009, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***care plan*** means a care plan approved under section 12;\n\n***care plan co-ordinator*** means a person appointed under section 16;\n\nS. 3 def. of *Department* amended by Nos 29/2010 s. 60, 22/2012 s. 85.\n\n***Department*** means the Department of Human Services;\n\n***eligible person*** means a person referred to in section 7;\n\n***health information*** has the same meaning as in the **Health Records Act 2001**;\n\nS. 3 def. of *Mental Health Review Board* repealed by No. 26/2014 s. 455(Sch. item 14.1).\n\n **** * * * ****\n\nS. 3 def. of *offender services* amended by No. 37/2014 s. 10(Sch. item 82).\n\n***offender services*** means services provided by—\n\n(a) providers of correctional services within the meaning of the **Corrections Act 1986**; or\n\n(b) Victoria Police in relation to persons suspected of, or charged with, criminal offences; or\n\n(c) courts and tribunals in relation to persons charged with, or found guilty or convicted of, criminal offences;\n\nS. 3 def. of *personal information* amended by No. 60/2014 s. 140(Sch. 3 item 27.1).\n\n***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\nS. 3 def. of *Public Advocate* amended by No. 13/2019 s. 221(Sch. 1 item 22.1).\n\n***Public Advocate*** has the same meaning as in the **Guardianship and Administration Act 2019**;\n\nS. 3 def. of *Secretary* amended by No. 26/2014 s. 455(Sch. item 14.2(a)).\n\n***Secretary*** means the person who is for the time being the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department;\n\nS. 3 def. of *Tribunal* inserted by No. 26/2014 s. 455(Sch. item 14.2(b)), amended by No. 21/2015 s. 3(Sch. 1 item 25), substituted by No. 39/2022 s. 838.\n\n***Tribunal*** means the Mental Health Tribunal established under section 330 of the **Mental Health and Wellbeing Act 2022**.\n\n\t4 Guiding principles\n\nIt is the intention of Parliament that the following principles be given effect to with respect to the determination of eligibility under this Act of a person with multiple and complex needs and the development and implementation of a care plan that relates to such a person—\n\n(a) the wellbeing, health, safety and stable housing of the person are of paramount consideration in developing a care plan for the person under this Act;\n\n(b) the development of a care plan is to be based on a comprehensive assessment of the person's needs;\n\n(c) the provision of welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services to the person is best achieved when those services are co-ordinated and when service providers may share relevant personal information or health information about the person;\n\n(d) welfare services, health services, mental health services, disability services, drug and alcohol treatment services and housing and support services provided in accordance with a care plan are to be delivered by the relevant service providers in a co-ordinated manner.\n\nPart 2—Eligibility and care plans\n\nDivision 1—General\n\n\t5 Consultation with expert advisers\n\nThe Secretary may consult with expert advisers for the purpose of—\n\n(a) determining the eligibility of a person; or\n\n(b) developing and monitoring a care plan that relates to an eligible person.\n\n\t6 Delegation\n\nThe Secretary may by instrument delegate to a person or class of persons employed in the administration of this Act any power or function of the Secretary under this Act except this power of delegation.\n\nDivision 2—Determination of eligibility\n\n\t7 Who is an eligible person?\n\nAn eligible person is a person who—\n\n(a) has attained 16 years of age; and\n\n(b) appears to satisfy 2 or more of the following criteria—\n\nS. 7(b)(i) substituted by No. 26/2014 s. 455(Sch. item 14.3), amended by No. 39/2022 s. 839.\n\n(i) has mental illness within the meaning of the **Mental Health and** **Wellbeing Act 2022**;\n\n(ii) has an acquired brain injury;\n\n(iii) has an intellectual impairment;\n\nS. 7(b)(iv) substituted by No. 43/2010 s. 47.\n\n(iv) has a severe substance dependence within the meaning of section 5 of the **Severe Substance Dependence Treatment Act 2010**; and\n\n(c) has exhibited violent or dangerous behaviour that caused serious harm to himself or herself or some other person or is exhibiting behaviour which is reasonably likely to place himself or herself or some other person at risk of serious harm; and\n\n(d) is in need of intensive supervision and support and would derive benefit from receiving co-ordinated services in accordance with a care plan that may include welfare services, health services, mental health services, disability services, drug and alcohol treatment services or housing and support services.\n\n\t8 Secretary to determine eligibility of person\n\n(1) Subject to subsection (2), the Secretary may make a determination that a person—\n\n(a) is an eligible person; or\n\n(b) is not an eligible person.\n\n(2) The Secretary must not determine that a person is an eligible person if the person refuses to be considered for eligibility before the Secretary makes a determination under subsection (1).\n\n\t9 Notice to be given to persons before determination is made\n\nBefore the Secretary determines whether a person is an eligible person, the Secretary must notify the person in writing—\n\n(a) that the Secretary will consider whether the person appears to be an eligible person under section 7, unless the person refuses to be considered for eligibility; and\n\n(b) that if, following consideration of the person, the Secretary determines that the person is an eligible person, the Secretary will develop, or cause a service provider to develop, a care plan that relates to the person, unless the person refuses to be the subject of a care plan; and\n\n(c) that the Secretary may seek to obtain from any person or organisation personal information or health information about the person for the purpose of considering whether the person is an eligible person or developing a care plan that relates to the person; and\n\n(d) that a service provider referred to in paragraph (b) may seek to obtain from any person or organisation personal information or health information about the person for the purpose of developing a care plan that relates to the person; and\n\n(e) that a service provider identified in a care plan that relates to the person may disclose personal information or health information about the person to another service provider identified in the care plan if the first-mentioned service provider is satisfied that the disclosure—\n\n(i) is in the best interests of the person; and\n\n(ii) would assist the second-mentioned service provider in giving effect to the care plan; and\n\n(f) that the Secretary may disclose personal information or health information about the person to a service provider identified in a care plan that relates to the person if the Secretary is satisfied that the disclosure—\n\n(i) is in the best interests of the person; and\n\n(ii) would assist the service provider in giving effect to the care plan; and\n\n(g) of how to contact the Secretary; and\n\n(h) that the person may at any time—\n\n(i) refuse to be considered for eligibility; or\n\n(ii) refuse to be the subject of a care plan.\n\n\t10 Secretary to notify person of determination of eligibility\n\nThe Secretary must notify in writing a person whose eligibility has been considered under this Division whether or not the Secretary has determined that the person is an eligible person.\n\nDivision 3—Care plans\n\n\t11 Contract for assessment of eligible persons and development of care plans\n\nThe Secretary may enter into a contract with a person or organisation—\n\n(a) to assess an eligible person to develop a care plan that relates to him or her or to arrange for an eligible person to be so assessed;\n\n(b) to develop a care plan that relates to an eligible person or arrange that such a care plan be developed.\n\n\t12 Development and approval of care plan\n\n(1) Subject to section 19(1), if the Secretary determines that a person is an eligible person, the Secretary must cause a care plan to be developed that relates to the person.\n\n(2) The Secretary may engage a service provider to develop a care plan that relates to an eligible person.\n\n(3) A care plan—\n\n(a) may specify the care, treatment, support and housing recommended for the person taking into account his or her best interests; and\n\n(b) must specify a duration for the plan of not more than 12 months, subject to section 18.\n\n(4) The Secretary may approve a care plan with or without modification.\n\n\t13 What does development of a care plan involve?\n\nDuring the course of developing a care plan that relates to an eligible person, the Secretary, or if the person is referred to a service provider engaged by the Secretary, the service provider, must ensure that—\n\n(a) the person is consulted in person and, if the Secretary or the service provider believes it appropriate and the person agrees, the person's family and carers are consulted; and\n\n(b) the persons and organisations who are currently providing welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services or housing and support services to the person are consulted; and\n\n(c) a comprehensive assessment of the person's needs is carried out; and\n\n(d) relevant personal information or health information in relation to the person is obtained and considered.\n\n\t14 Seeking and disclosing information for purposes of developing a care plan\n\n(1) The Secretary and, if the eligible person is referred to a service provider engaged by the Secretary, the service provider, may seek to obtain personal information or health information about the person from any person or organisation for the purposes of developing a care plan that relates to the person.\n\n(2) The following are authorised to disclose personal information or health information about an eligible person in relation to whom a care plan is being developed to the Secretary or a service provider in accordance with a request under subsection (1)—\n\n(a) the Secretary, in the case of a service provider requesting information in accordance with subsection (1);\n\n(b) the Public Advocate;\n\nS. 14(2)(c) substituted by No. 26/2014 s. 455(Sch. item 14.4).\n\n(c) the Tribunal;\n\n(d) any person or organisation that provides or has provided welfare services, health services, mental health services, disability services, drug and alcohol treatment services, offender services, emergency services or housing and support services to the eligible person.\n\n\t15 Copy of care plan and notice to be given to eligible persons\n\nWithin 14 days after approving a care plan that relates to an eligible person, the Secretary must—\n\n(a) give a copy of the care plan to the person; and\n\n(b) give a copy of the whole or any part of the care plan to a service provider identified in the care plan if the Secretary is satisfied that this—\n\n(i) is in the best interests of the person; and\n\n(ii) would assist the service provider in giving effect to the care plan; and\n\n(c) notify the person in writing—\n\n(i) that the Secretary has approved a care plan that relates to the person; and\n\n(ii) that the Secretary and the care plan co-ordinator and service providers identified in the care plan may share and use personal information or health information about the person if this—\n\n(A) is in the best interests of the person; and\n\n(B) would assist service providers in giving effect to the care plan; and\n\n(iii) of how to contact the Secretary; and\n\n(iv) that the person may at any time—\n\n(A) refuse to be the subject of the care plan;\n\n(B) request the Secretary to vary or terminate the care plan.\n\n\t16 Care plan co-ordinator\n\n(1) If the Secretary approves a care plan that relates to an eligible person, the Secretary must appoint a care plan co‑ordinator in relation to that care plan.\n\n(2) A care plan co-ordinator must—\n\n(a) monitor the implementation of the care plan and the progress of the person to whom it relates; and\n\n(b) co-ordinate the services provided to the person to whom the care plan relates in accordance with the care plan; and\n\n(c) when requested by the Secretary, provide a report to the Secretary on the progress of the person to whom the care plan relates.\n\n(3) The Secretary may seek to obtain personal information or health information about an eligible person to whom a care plan relates from the care plan co-ordinator and any person or organisation providing services to the eligible person in accordance with the care plan for the purposes of—\n\n(a) considering any report given to the Secretary under subsection (2)(c);\n\n(b) monitoring the implementation of the care plan.\n\n(4) A care plan co-ordinator may seek to obtain personal or health information from the Secretary or any service provider identified in the care plan for the purposes of his or her functions under subsection (2).\n\n(5) The following are authorised to disclose personal or health information about the person in accordance with a request under subsection (4)—\n\n(a) the Secretary;\n\n(b) a service provider referred to in subsection (4).\n\n\t17 Service providers may share personal and health information to give effect to care plan\n\n(1) A service provider identified in a care plan is authorised to disclose personal information or health information about the eligible person to whom the plan relates to another service provider identified in the care plan if the first-mentioned service provider is satisfied that the disclosure of the information—\n\n(a) is in the best interests of the person to whom the information relates; and\n\n(b) would assist the second-mentioned service provider in giving effect to the care plan.\n\n(2) A service provider identified in a care plan is authorised to use personal information or health information about the person to whom the care plan relates that is obtained from another service provider identified in the care plan if the use of the information—\n\n(a) is in the best interests of the person to whom the information relates; and\n\n(b) would assist the first-mentioned service provider in giving effect to the care plan.\n\n\t18 Variation and termination of care plan\n\n(1) The Secretary may vary or terminate a care plan if the Secretary is of the opinion that it is appropriate to do so.\n\n(2) Subject to subsection (3), the duration of a care plan may be extended.\n\n(3) The total duration of a care plan may not exceed 36 months.\n\n(4) If a care plan is terminated, the Secretary must so notify in writing—\n\n(a) the person to whom the care plan relates; and\n\n(b) any service provider under the care plan.\n\nPart 3—General\n\n\t19 Refusal by person to participate\n\n(1) A person may at any time in writing or orally—\n\n(a) refuse to be considered for eligibility by the Secretary; or\n\n(b) refuse to be the subject of a care plan.\n\n(2) A refusal to be considered for eligibility must be made to the Secretary.\n\n(3) A refusal to be the subject of a care plan must be made to—\n\n(a) the Secretary; or\n\n(b) the relevant care plan co-ordinator.\n\n(4) The person or organisation to whom a purported refusal is made must determine whether, in their professional judgment, it constitutes a refusal for the purposes of this Act.\n\n\t20 Form of notifications\n\n(1) In notifying a person under section 9, 10 or 15(c), the Secretary must endeavour to ensure that—\n\n(a) the written notification is to the greatest extent possible in a form that will make it comprehensible to the person; and\n\n(b) an explanation of its content is given orally to the person on behalf of the Secretary.\n\n(2) If a person appears to be incapable of reading and understanding information provided under this Act, the Secretary must use reasonable endeavours to convey the information to the person in the language, mode of communication or terms which the person is most likely to understand.\n\n\t21 Notices also to be given to parents and guardians\n\nA care plan or any notice required to be given to a person under section 9, 10 or 15 must also be given—\n\n(a) in the case of a person under 18 years of age who has a parent or guardian, to the parent or guardian; and\n\nS. 21(b) substituted by No. 57/2014 s. 154.\n\n(b) in the case of a person who is of or over 18 years of age and in respect of whom—\n\nS. 21(b)(i) amended by No. 13/2019 s. 221(Sch. 1 item 22.2).\n\n(i) a guardian has been appointed under the **Guardianship and Administration Act 2019**, to the guardian; or\n\n(ii) an attorney has been appointed to be responsible for personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**, to the attorney.\n\n\t22 Support for eligible person\n\nNothing in this Act prevents an eligible person, a person whose eligibility is being considered by the Secretary or a person to whom a care plan relates from receiving support and advice from, or being accompanied to a meeting by, a friend, relative or other person in connection with any matter arising under this Act.\n\n\t23 Confidentiality provision\n\n(1) In this section, ***relevant person*** means—\n\n(a) the Secretary; or\n\n(b) a person who is or has been engaged or employed on behalf of the Secretary; or\n\n(c) a person who is or has been involved in the management of, engaged or employed at or worked for or at—\n\n(i) a service provider to whom a person has been referred for the development of a care plan; or\n\n(ii) a service provider identified in a care plan; or\n\n(d) a person who is or has been, or a person who is or has been involved in the management of, engaged or employed at or worked for or at, a person or organisation referred to in section 14(2)(d).\n\n(2) A relevant person must not (except to the extent necessary to carry out functions under this Act or any other Act or regulations made under any other Act) disclose to any other person, whether directly or indirectly, any personal information or health information acquired by reason of being a relevant person if a person will or may be identified from that information and that person—\n\n(a) is or has been an eligible person; or\n\n(b) is a person whose eligibility is being considered by the Secretary; or\n\n(c) is a person to whom a care plan relates; or\n\n(d) is a member of any such person's family.\n\n1. 60 penalty units.\n\n\n(3) Subsection (2) does not apply to the disclosure of personal information or health information—\n\n(a) to a court or tribunal in the course of criminal legal proceedings; or\n\n(b) pursuant to an order of a court or tribunal made under another Act or law; or\n\n(c) with the consent of the Minister and in accordance with the conditions specified by the Minister, if the Minister is of the opinion that it is in the public interest that the information be so disclosed; or\n\n(d) that is expressly authorised, permitted or required by this Act or another Act or regulations made under any other Act.\n\nNote to s. 23 inserted by No. 23/2017 s. 40.\n\n**Note**\n\nSee also Part 5A of the **Family Violence Protection Act 2008** in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.\n\nS. 24 amended by No. 60/2014 s. 140(Sch. 3 item 27.2).\n\n\t24 Relationship of this Act to certain other laws\n\nNothing in this Act affects the operation of the **Privacy and Data Protection Act 2014** or the **Health Records Act 2001** or any obligation imposed by or under those Acts on a person or organisation.\n\nPart 4—Repeal and transitional provisions\n\n\t25 Repeal\n\n(1) The **Human Services (Complex Needs) Act 2003** is **repealed**.\n\n(2) On the repeal of the **Human Services (Complex Needs) Act 2003**, the Multiple and Complex Needs Panel established by that Act is abolished and despite anything to the contrary in their instruments of appointment, appointed members and any alternate Chairperson cease to hold office.\n\n\t26 Transitional provisions\n\n(1) Despite the repeal of the **Human Services (Complex Needs) Act 2003**, a person must be assessed under this Act for the purpose of developing a care plan if immediately before that repeal—\n\n(a) the Multiple and Complex Needs Panel established by that Act believed the person to be an eligible person and had nominated the person for assessment under section 18(1) of that Act; and\n\n(b) no assessment in relation to the person was made under that Act.\n\n(2) Despite the repeal of the **Human Services (Complex Needs) Act 2003**, a care plan that was—\n\n(a) accepted under that Act by the Multiple and Complex Needs Panel established by that Act; and\n\n(b) in force immediately before that repeal—\n\nis deemed to be a care plan approved by the Secretary under section 12 of this Act.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 12 March 2009*\n\n *Legislative Council: 2 April 2009*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to facilitate the delivery of welfare services, health services, mental health services, disability services, drug and alcohol services and housing and support services to certain persons with multiple and complex needs and for other purposes.\"\n\nThe **Human Services (Complex Needs) Act 2009** was assented to on 12 May 2009 and came into operation on 31 May 2009: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Human Services (Complex Needs) Act 2009** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| Assent Date: | 8.6.10 |\n| --- | --- |\n| Commencement Date: | S. 60 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Severe Substance Dependence Treatment Act 2010, No. 43/2010**\n\n| Assent Date: | 10.8.10 |\n| --- | --- |\n| Commencement Date: | S. 47 on 1.3.11: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Disability Amendment Act 2012, No. 22/2012**\n\n| Assent Date: | 8.5.12 |\n| --- | --- |\n| Commencement Date: | S. 85 on 1.7.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| --- | --- |\n| *Commencement Date:* | S. 455(Sch. item 14) on 1.7.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S 10(Sch. item 82) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Powers of Attorney Act 2014, No. 57/2014**\n\n| Assent Date: | 26.8.14 |\n| --- | --- |\n| Commencement Date: | S. 154 on 1.9.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| --- | --- |\n| Commencement Date: | S. 140(Sch. 3 item 27) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 25) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017**\n\n| Assent Date: | 14.6.17 |\n| --- | --- |\n| Commencement Date: | S. 40 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| --- | --- |\n| Commencement Date: | S. 221(Sch. 1 item 22) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| Assent Date: | 6.9.22 |\n| --- | --- |\n| Commencement Date: | Ss 838, 839 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Human Services (Complex Needs) Act 2009** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of facilitating coordinated service delivery for persons with multiple and complex needs. While amendments have updated cross-references to keep pace with legislative changes (e.g., replacement of Mental Health Review Board with Mental Health Tribunal, updates to guardianship and privacy legislation), these are maintenance amendments rather than expansions of scope. The core mechanism—eligibility determination, care plan development, and information sharing—remains unchanged from the 2009 intent."},"complexity_factors":["Moderate cross-referencing to other Victorian legislation (Mental Health and Wellbeing Act 2022, Health Records Act 2001, Privacy and Data Protection Act 2014, Guardianship and Administration Act 2019, etc.)","Multiple defined terms (12 definitions in section 3, some incorporating external statutory definitions)","Conditional information sharing provisions requiring dual satisfaction tests ('best interests' AND 'assists in giving effect to care plan')","Nested exceptions in confidentiality provision (section 23) with four specific carve-outs","Transitional provisions handling repeal of predecessor 2003 Act and preservation of existing care plans","Amendment history showing 10 amending Acts since 2009, requiring tracking of substituted definitions"],"plain_english_summary":"**What this law does:**\n\nThis law helps people with **multiple and complex needs** get better coordinated support from government services. It creates a formal process to identify people who need intensive help and develop a personalised \"care plan\" that brings together different services like healthcare, mental health support, disability services, drug and alcohol treatment, housing assistance, and welfare services.\n\n**Who it affects:**\n\n- **Eligible people**: Victorians aged 16+ who have **at least two** of the following: mental illness, acquired brain injury, intellectual disability, or severe substance dependence; AND who have shown violent or dangerous behaviour causing serious harm (or are at risk of doing so); AND who need intensive supervision and support.\n- **Service providers**: Government agencies and organisations that deliver health, housing, disability, and social services.\n- **The Secretary**: The head of the Department of Human Services (now Department of Families, Fairness and Housing), who decides who is eligible and approves care plans.\n\n**How it works:**\n\n1. **Assessment**: The Secretary decides if someone meets the criteria for being an \"eligible person.\" The person can refuse to participate at any time.\n2. **Care plan development**: If eligible, a comprehensive plan is developed (lasting up to 12 months, maximum 36 months total) specifying what services the person needs.\n3. **Coordination**: A \"care plan co-ordinator\" is appointed to make sure all the different services work together and don't duplicate or conflict.\n4. **Information sharing**: The law allows service providers to share personal and health information about the person if it's in their best interests and helps deliver the care plan.\n\n**Why it matters:**\n\nBefore this law, people with complex needs often \"fell through the cracks\" because different agencies couldn't share information or coordinate care. This law breaks down those silos while protecting the person's right to refuse participation. It prioritises the person's wellbeing, safety, and stable housing as the top considerations.\n\n**Key protections:**\n- People can refuse to be assessed or to have a care plan at any time\n- Strict confidentiality rules (up to 60 penalty units for unauthorised disclosure)\n- Notifications must be given in accessible formats for people with communication difficulties\n- Parents, guardians, or attorneys must also receive copies of plans and notices"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s core purpose—enabling assessment and coordinated care plans for people with multiple and complex needs—remains consistent with the original intent. Subsequent amendments reflected in this version are largely consequential: updating definitions and institutional references (for example, to newer mental‑health, guardianship and privacy laws), clarifying information‑sharing interfaces and aligning with other information‑sharing regimes. Those changes adjust operational detail and cross‑statutory alignment but do not materially broaden the population served or the fundamental powers (eligibility determination, care‑plan creation, information sharing) established by the original Act."},"complexity_factors":["Defined terms consolidated in s 3 with multiple cross-references to other Acts (Mental Health and Wellbeing Act 2022; Health Records Act 2001; Privacy and Data Protection Act 2014; Guardianship and Administration Act 2019)","Eligibility test with a mix of conjunctive and disjunctive criteria in s 7 (age + at least two clinical/diagnostic criteria + risk/behaviour + need for intensive supervision)","Information‑sharing authorisations and exceptions spread across ss 14, 15, 17 and confidentiality carve‑outs in s 23 (including ministerial/public interest and court order exceptions)","Delegation power in s 6 and contracting power in s 11 (creates administrative layering and outsourcing complexity)","Multiple notice, refusal and comprehension obligations (ss 9, 10, 19, 20) requiring procedural safeguards","Temporal rules for care plans: initial maximum 12 months (s 12(3)) with possible extension but total cap 36 months (s 18)","Transitional and repeal provisions dealing with a prior Act and deemed continuity of existing plans (ss 25–26)","Penalty provision linked to s 23 confidentiality breach (60 penalty units)","Numerous amendments and reconciliations recorded in the Table of Amendments (creates interpretive complexity)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a process for identifying people aged 16 or over who have multiple and complex needs and, where appropriate, for creating and implementing a formal care plan for them (see s 7, s 12).\n- Gives the Secretary of the Department of Human Services responsibility to decide whether a person is “eligible” under the Act, after giving written notice and an opportunity to refuse consideration (ss 8–10).\n- Requires the Secretary to cause a care plan to be developed for anyone the Secretary determines is eligible, to approve the plan, to appoint a care‑plan co‑ordinator, and to monitor or vary/terminate the plan (ss 12, 15–18).\n- Authorises the Secretary to contract with external organisations to assess eligible people and to develop care plans (s 11).\n- Authorises certain kinds of information sharing between the Secretary, care‑plan co‑ordinators and service providers identified in a plan when the disclosure or use is judged to be in the person’s best interests and will assist implementation of the plan (ss 14–17).\n- Confirms that a person may refuse to be considered for eligibility or to be the subject of a care plan, and sets out how refusals are made and assessed (s 19).\n- Includes confidentiality and limited exceptions for disclosure (s 23), and makes clear the Act operates alongside the Health Records Act 2001 and Privacy and Data Protection Act 2014 (s 24). \n\nKey operational points and who does what\n\n- The Secretary (or staff to whom the Secretary delegates) makes eligibility decisions and approves care plans (ss 6, 8, 12).\n- A care‑plan co‑ordinator (appointed by the Secretary) coordinates services, monitors progress and reports to the Secretary on request (s 16).\n- Service providers named in the care plan may share and use personal and health information about the person to implement the plan if they reasonably consider it is in the person’s best interests and will assist implementation (ss 15(b), 17).\n- A person can refuse participation at any time; the refusal must be made to the Secretary or the care‑plan co‑ordinator and is assessed by that recipient in their professional judgment (s 19).\n\nWhy Parliament gave these powers (the stated purpose) and how that maps to trade‑offs\n\n- The Act’s stated purpose is to “facilitate the delivery” of welfare, health, mental‑health, disability, drug and alcohol treatment and housing/support services to people with multiple and complex needs by enabling assessment and coordinated care planning (s 1). That purpose is achieved by concentrating decision‑making authority in the Secretary, enabling contracting out of assessments and care‑plan development (s 11), and by authorising targeted information sharing between named actors (ss 14–17).\n\n- Trade‑offs and incentives:\n  - Privacy vs coordination: the Act reduces legal friction for sharing personal and health information among specified actors when judged to be in the person’s best interests (ss 14–17). That reduces transaction costs of coordination but increases risks that sensitive data will be shared more widely—though general privacy laws still apply (s 24) and there are confidentiality penalties (s 23).\n  - Administrative and compliance costs: service providers and the Department must put in place processes for assessment, consent/refusal handling, information‑requests and secure disclosures. Providers contracted under s 11 will bear administrative and reporting duties (s 16(2)(c)).\n  - Bureaucratic discretion and opportunity cost: the Secretary has broad powers to determine eligibility, approve and vary plans, and appoint co‑ordinators (ss 8, 12, 16, 18). That concentrates decision authority and creates implementation risk if staffing, training or resourcing are insufficient.\n  - Market effects: contracting (s 11) creates a purchasing role for the Department. That can shift demand toward organisations that can meet the contracting, reporting and information‑security requirements; smaller providers may face higher entry costs.\n\nCosts and who pays\n\n- Direct financial costs sit with the Department (contracting for assessments, appointing co‑ordinators, funding services or supports delivered under care plans). Service providers incur compliance costs (assessment, record‑keeping, information‑sharing safeguards). Individuals do not pay to be assessed under the Act, but participation is voluntary (s 19).\n\nImplementation and legal risks\n\n- Successful operation depends on cross‑agency data‑sharing arrangements, clear standards for what is “in the best interests of the person”, training for staff making professional‑judgment calls, and compliance with the Health Records Act 2001 and Privacy and Data Protection Act 2014 (ss 14, 23–24).\n\nConcrete behavioural effects\n\n- The Act encourages service providers to coordinate around a single care plan and to exchange relevant personal/health information where it assists implementation (ss 12, 15, 17).\n- Individuals retain the right to refuse assessment or a care plan; a refusal stops the Secretary from declaring them eligible (ss 8(2), 19).\n\nPrimary sections to consult: ss 1, 7–12, 14–17, 19, 23–24."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no evidence of scope change from the original 2009 Act. The consolidated version appears to reflect the Act as made, with no indication of significant amendments that would suggest a departure from original legislative intent. However, a definitive assessment is not possible without access to the full text of amendments."},"complexity_factors":["The legislation metadata provided is extremely limited — the actual operative provisions, definitions, and mechanisms of the Act are not included in the text supplied","Coordination legislation involving multiple government agencies inherently requires understanding of inter-agency responsibilities and boundaries","The concept of 'complex needs' requires careful legal definition to determine who qualifies for protections","Interaction with other Victorian human services legislation (disability, mental health, housing) creates potential overlap and complexity","Assessment is constrained by the fact only version history and metadata were provided, not the substantive Act text — true complexity may be higher or lower"],"plain_english_summary":"The Act creates a legal framework requiring government agencies and service providers to identify and coordinate support for Victorians with complex, overlapping needs (eg mental illness, homelessness, substance use, disability), and affects those individuals, their carers, and the agencies that serve them.  \n\nIt matters because it forces collaborative, joined‑up responses so vulnerable people aren’t passed between silos or left without help."}},"importantCases":[],"_links":{"self":"/api/acts/human-services-complex-needs-act-2009","history":"/api/acts/human-services-complex-needs-act-2009/history","analysis":"/api/acts/human-services-complex-needs-act-2009/analysis","conflicts":"/api/acts/human-services-complex-needs-act-2009/conflicts","importantCases":"/api/acts/human-services-complex-needs-act-2009/important-cases","documents":"/api/acts/human-services-complex-needs-act-2009/documents"}}