Disability Act 2006 (Victoria) — Zoe

Victoria act

Disability Act 2006

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

9/10 complexity

The Disability Act 2006 sets out a rights-based framework for supporting people with disabilities in Victoria. It requires government and service providers to promote inclusion, respect dignity, and provide high-quality services while protecting against abuse, neglect, and unnecessary restrictions.

It affects:

People with disabilities (including intellectual disabilities or developmental delays), their families, carers, and guardians.
Service providers delivering disability supports, residential services, or NDIS-funded help (including registered NDIS providers and those supporting older Australians under the Disability Support for Older Australians program).
Oversight bodies like the Disability Services Commissioner, Senior Practitioner, community visitors, and the Victorian Disability Advisory Council.

Key rules include:

Access to services: A clear process for assessing needs and planning supports (ss 49–51).
Residential rights: Rules for living arrangements, privacy, entry to rooms, and ending residency (Part 5).
Money management: Strict rules on handling residents' funds via a trust fund (ss 90–96).
Complaints and accountability: Independent investigation of issues, with powers to conciliate, investigate, and require fixes (Part 6).

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Deep Dive

3,071 words · generated 24/04/2026

What it does

The Disability Act 2006 (the Act) creates a comprehensive legislative scheme for the planning, funding, provision, and oversight of disability services in Victoria. At its core, it affirms the rights of persons with a disability (defined in s 3(1) to include sensory, physical, neurological impairments, acquired brain injury, intellectual disability, or developmental delay) and imposes corresponding responsibilities on government and service providers. The main purposes are set out in s 1: to provide a scheme that strengthens rights and requires whole-of-government and community support, and to protect the rights of NDIS participants and DSOA clients regarding restrictive practices and compulsory treatment.

The Act is structured in ten Parts. Part 1 contains preliminary matters, including an extensive definitions section (s 3) with over 60 terms, many of which incorporate definitions from the NDIS Act 2013 (Cth), the Residential Tenancies Act 1997, the Guardianship and Administration Act 2019, and the Powers of Attorney Act 2014. Sections 3A–3C deem certain NDIS providers to be providing residential services and designate primary service providers. Part 2 articulates objectives (s 4) and principles (s 5), including respect for dignity, least-restrictive options, and the role of families and carers. Specific principles for intellectual disability appear in s 6, and communication rules in s 7.

Part 3 establishes the administrative architecture. The Secretary (defined in s 3(1) as the Department Head of the Department of Families, Fairness and Housing) has broad planning, funding, and policy functions (s 8), including power to fund providers (s 9), enter contracts (s 10), deal with land (ss 10A–10C), and manage intellectual property (s 10D). The Victorian Disability Advisory Council advises on policy and barriers (ss 11–13). The Disability Services Commissioner investigates complaints, conducts initiated and referral investigations, and educates on abuse prevention (ss 14–19A, Part 6 Divisions 6–9). The Senior Practitioner oversees restrictive practices and compulsory treatment, issues guidelines, approves Authorised Program Officers, and can prohibit practices (ss 23–27, Part 6A, Parts 7–8). Community visitors monitor residential services, SDA dwellings, short-term accommodation, and Minister-approved premises (ss 28–36).

Current sections

Direct links to the current provisions in Disability Act 2006.

317

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

Who it affects

The Act casts a wide net. Primary beneficiaries are “persons with a disability” (s 3(1)), a term encompassing sensory, physical, neurological, or acquired brain injury impairments that are permanent, cause substantially reduced capacity in self-care, self-management, mobility, or communication, require significant ongoing support, and are not related to ageing; intellectual disability (significant sub-average intellectual functioning and deficits in adaptive behaviour before age 18); or developmental delay in children under 6. The Act explicitly extends protections to NDIS participants (s 3(1)) and DSOA clients (older persons receiving Commonwealth supports who are not NDIS participants).

Carers (defined by reference to the Carers Recognition Act 2012) and families are recognised throughout (s 5(3)(h)–(k)), with duties on providers to respect their role and build their capacity. Guardians, administrators, and attorneys under enduring powers (ss 3(1), 57(7), 140) have consultation and notification rights.

On the provider side, “disability service providers” (s 3(1), as amended 2021) include registered providers under the Social Services Regulation Act 2021 and those funded or contracted by the Secretary (ss 9–10). Registered NDIS providers, SDA providers, and forensic disability service providers are brought within the scheme via deeming provisions (ss 3B, 3C, 61B). The Act binds the Crown (implicit in the Secretary’s functions) and applies to public sector bodies preparing Disability Action Plans (s 38).

Oversight bodies are directly affected: the Secretary (s 8), Victorian Disability Advisory Council (ss 11–13), Disability Services Commissioner (ss 14–19A), Senior Practitioner (ss 23–27), community visitors (ss 28–36), and Authorised Program Officers (Part 6A). VCAT hears reviews of disability decisions (s 50A), treatment plans (ss 155, 169), restrictive practice authorisations (s 144), supervised treatment orders (s 196), and assessment orders (s 199A). The Public Advocate has standing to initiate reviews (ss 141, 194) and receives notifications (s 188).

Indirectly affected are prisons (transfers under s 166), courts making orders under the Sentencing Act 1991, Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, or Serious Offenders Act 2018 (s 152(2)), and other regulators (e.g. NDIS Quality and Safeguards Commission, Social Services Regulator) via information-sharing (Part 8A, s 132ZB).

The Act’s reach has expanded beyond its 2006 origins. Pre-NDIS, it primarily governed state-funded services for intellectual disability. Post-2019 and 2023 amendments, it regulates NDIS behaviour support practitioners, SDA dwellings, short-term accommodation, Minister-approved premises, and cross-jurisdictional data flows. A practising lawyer advising a registered NDIS provider on restrictive practices must now navigate both state and Commonwealth rules; an advocate assisting a DSOA client in a Minister-approved premises must understand community visitor functions under s 30B.

Key duties and rights

Rights are foregrounded. Section 5(1)–(2) declares that persons with a disability have the same rights as others—to dignity, freedom from abuse, development, control over their lives, participation in decisions, accessible information, and quality services. Restrictions must be the least restrictive option (s 5(4)). For intellectual disability, additional principles emphasise developmental opportunities and avoidance of total control by one provider (s 6(1)).

Residents in residential services enjoy specific rights: a residential statement (s 57) detailing charges, services, conditions, review dates, and attached statements of rights and duties; privacy and proper use of premises (s 58(1)(f)); entry to rooms only on 24 hours’ notice except in emergencies or with consent (s 60); and protection from interference with residency rights (s 62, 20 penalty units). Duties on residents are modest—pay charges, avoid damage, comply with behaviour support or treatment plans (s 59).

Complaints rights are robust. Any person may complain to a provider or the Commissioner (ss 106A, 110). The Commissioner must assess, conciliate where possible, investigate, and can initiate systemic inquiries (ss 113–128U). Community visitors may be requested (ss 131–131B) and have inspection powers (s 130). Protection from reprisal is explicit (s 132ZA).

For restrictive practices and compulsory treatment, rights are tightly guarded. Regulated restrictive practices (defined by reference to NDIS Rules) may only be used after Authorised Program Officer authorisation (s 136), Senior Practitioner approval where required (s 143), inclusion in a behaviour support or treatment plan (ss 138, 201E), and involvement of an independent person (s 140). The plan must demonstrate least-restrictive option, include reduction strategies, and be reviewed regularly (ss 139, 154). Emergency use is permitted only for imminent risk (s 145) and must be reported (s 147). Supervised treatment orders require VCAT satisfaction of significant risk, benefit of treatment, and inability to comply voluntarily (s 193(1A)). Residents have rights to information (s 152A), treatment plan review (s 155), and leave (ss 156–158).

Duties on providers are correspondingly onerous. Disability service providers must maintain premises, respect privacy, support treatment plans, report breaches, and comply with Secretary directions (ss 58, 99). Authorised Program Officers are responsible for authorisations, ensuring independent person involvement, and reporting (ss 134, 140, 142, 148). The Secretary must plan, fund, monitor, and ensure data systems (ss 8, 39). The Senior Practitioner develops standards, educates, monitors use, and can issue directions or prohibit practices (ss 24, 27, 146). The Commissioner investigates, conciliates, and reports annually, naming non-compliant providers (ss 16, 19).

Accountability mechanisms include annual reports (s 19), community visitor reports (s 35), and follow-up investigations (Division 6C of Part 6). Penalties deter breaches: 240 penalty units for unauthorised restrictive practices or detention (ss 149, 150A, 201G); 60 penalty units for hindering officers or false statements (ss 132J, 202). VCAT reviews provide merits oversight; the Public Advocate can intervene (ss 141, 194).

Interactions with other laws are explicit. The Act prevails over guardianship orders where inconsistent (s 200). It does not apply the Residential Tenancies Act 1997 to residential services (s 56(2)) but integrates SDA residency agreements (s 3(1)). Information sharing under Part 8A is authorised notwithstanding other privacy laws (s 202AE(1)), subject to the Charter. NDIS Rules are incorporated by reference (s 3(1)).

Recent changes (2017–2023) responded to NDIS transition, Royal Commission recommendations, and alignment needs. The 2017 amendments expanded Commissioner powers to initiated investigations and systemic abuse inquiries (ss 128B–128U). The 2019 NDIS Transition Act inserted Part 6A, aligned restrictive practices with NDIS Rules, and extended community visitor functions to SDA dwellings (ss 30A, 131A). The 2023 Amendment Act substituted key definitions (s 3), introduced primary service providers (s 3C), reformed residential statements and termination (ss 57, 61A), added Minister-approved premises (s 129AA), consolidated information rules in new Part 8A, and made extensive transitional amendments (ss 246–268). These changes were driven by the need to avoid dual regulation, strengthen safeguards for NDIS participants, and respond to reports of overuse of restrictive practices.

Court challenges and controversies

The source text does not cite specific cases; all analysis is grounded in statutory text. However, the Act’s structure anticipates VCAT and Supreme Court involvement. VCAT reviews are central: disability decisions (s 50A), restrictive practice authorisations (s 144), treatment plans (ss 155, 169), supervised treatment orders (s 196), assessment orders (s 199A), and rehearings (s 197). The Supreme Court hears appeals on extended leave or revocation (ss 163, 165) and may consider Charter compatibility (s 202AE(1)).

Controversies implicit in the text include the balance between safety and liberty. Section 5(4) requires the least restrictive option, yet s 150A prohibits detention except under Part 8, and s 62 creates offences for interference with residency rights. The Senior Practitioner’s power to prohibit practices (s 27(5B)) or issue directions (s 146) reflects ongoing debates about chemical restraint, mechanical restraint, and seclusion, now defined by reference to NDIS Rules (s 3(1)).

The expansion to NDIS participants has generated tension. Section 3B deems registered NDIS providers to be disability service providers when using supervised treatment in approved accommodation, triggering state oversight alongside NDIS Quality and Safeguards Commission reporting (s 191B). Information sharing under Part 8A (ss 202AB–202AD) authorises disclosure to the NDIA, NDIS Commission, and others, but s 202AE(1) subordinates this only to the Charter, raising potential privacy challenges.

Enforcement controversies appear in Commissioner powers to name non-compliant providers in annual reports (s 19(2)–(3)) after 14 days’ notice, and in follow-up investigations (s 128R). The offence of hindering authorised officers (s 132J, 60/300 penalty units) and false statements (s 132Z, 60 penalty units) underscore the seriousness of obstruction.

No specific court challenges are recited in the text, but the legislative history (table of amendments) shows repeated refinement of restrictive practices provisions (2012, 2019, 2023), suggesting judicial or administrative pressure for clearer least-restrictive tests and independent oversight. The Public Advocate’s powers to initiate VCAT reviews (s 194) and receive notifications (s 188) have been strengthened, reflecting concerns about inadequate advocacy for people subject to long-term orders.

Gotchas

Most practitioners miss that a registered NDIS provider using supervised treatment in Senior Practitioner-approved accommodation is deemed a disability service provider for Parts 3, 5, and 6 (s 3B(2)), triggering state complaints, community visitor, and record-keeping obligations even if the NDIS plan is the primary document. The treatment plan prepared under s 189 must still comply with both state and NDIS Rules; failure risks 240 penalty unit offences (s 201G).

Another trap is the interaction between security conditions under s 159(1) and restrictive practices. While the Secretary may approve a security condition that is a restrictive practice (s 159A), the Senior Practitioner’s guidelines under s 146 still apply, and any use on an individual must be documented in the treatment plan. Providers often assume blanket facility security conditions are exempt; they are not once applied to a specific resident.

The 28-day limit on assessment orders (s 199(4)(b)) is absolute and non-extendable; many miss that only one such order can ever be made in respect of the same person (s 199(6)). If the order expires without a supervised treatment application, detention must cease immediately (s 199(5)(b)).

Information-sharing under Part 8A is broader than many realise. “Protected information” (s 202AA) includes data gained during restrictive practice use or supervised treatment. Disclosure is authorised to the NDIA, NDIS Commission, Public Advocate, Ombudsman, IBAC, and others without consent if for NDIS purposes or to lessen serious risk (s 202AB(2)–(5)). However, s 202AC(3) creates a 20 penalty unit offence for onward use outside the authorised purpose— a gotcha for NDIS providers sharing data internally for unrelated compliance.

Transitional provisions are a minefield. Behaviour support plans prepared pre-2019 are taken to be NDIS behaviour support plans (s 237), but only until an NDIS-compliant plan is developed. Supervised treatment orders obtained by disability service providers continue post-NDIS transition, but the registered NDIS provider providing daily living supports becomes the de facto primary service provider (s 238). Practitioners advising on legacy orders must check the exact wording of the original VCAT order against current s 193(1A) criteria.

Finally, the independent person requirement (s 140) is not satisfied by a provider’s own advocate or family member if they have any interest in the provider (s 140(8)). Many plans fail VCAT scrutiny or Senior Practitioner audit because the independent person was not truly independent. The Public Advocate must be notified of concerns (s 141), opening a parallel oversight track that providers often overlook.

How to comply

Compliance begins with governance. Every disability service provider and registered NDIS provider intending to use restrictive practices or supervised treatment must appoint an Authorised Program Officer whose appointment is approved by the Senior Practitioner (Part 6A, s 132ZI–132ZJ). The Officer must hold appropriate qualifications (s 132ZJ(2)) and cannot be the same person developing and authorising a plan.

For residential services, provide a compliant residential statement on entry (s 57), attach the approved statement of rights and duties, and review at least annually. Maintain records of community visitor visits (s 132). For money, deposit into the Residents’ Trust Fund, keep itemised records, and provide monthly statements (ss 91–93).

Restrictive practices require a behaviour support plan (s 138) or treatment plan (s 201E) that demonstrates the practice is the least restrictive option, includes reduction strategies, and has been explained by an independent person (s 140). Authorisation by the Authorised Program Officer (s 136) and, for seclusion, physical, or mechanical restraint, Senior Practitioner approval (s 143) are mandatory. Report use monthly or at Senior Practitioner-specified intervals (ss 147–148). Emergency use is permitted only for imminent risk and must be reported within 7 days (s 147).

Supervised treatment orders require a certificate from the Senior Practitioner (s 191A(1)), VCAT satisfaction of risk, benefit, and inability to comply voluntarily (s 193(1A)), and a treatment plan addressing all providers (s 189). The primary service provider’s Authorised Program Officer is responsible (s 194C); all other providers must report non-compliance (s 194B). Review at least every 12 months (s 196).

Information handling must follow Part 8A. Map all protected information flows, ensure consent where possible, and document statutory authorisations for disclosures to the NDIA, NDIS Commission, Public Advocate, or risk-reduction recipients (s 202AB). Maintain records sufficient to demonstrate compliance with s 202AC(3).

Appoint a compliance officer to monitor VCAT deadlines (28 days for most reviews), Senior Practitioner reporting intervals, and transitional legacies. Conduct annual internal audits against the Senior Practitioner’s guidelines (s 146). Train staff on least-restrictive principles (s 5(4)), communication duties (s 7), and offence provisions (ss 149, 201G, 202).

For NDIS alignment, ensure treatment plans used as NDIS behaviour support plans meet both state and Commonwealth Rules; dual registration does not excuse duplicate compliance (s 201A(4)). When in doubt, consult the Senior Practitioner before lodging plans or authorising practices—early engagement avoids VCAT variation orders or penalty proceedings.

A robust compliance program will reference the exact statutory language: “the option which is the least restrictive of the person as is possible in the circumstances” (s 5(4)), “maximising a person’s quality of life and increasing their opportunity for social participation” (benefit to the person, s 3(1)), and the offence threshold of 240 penalty units for unauthorised restrictive practices (s 149). Document every step; the Senior Practitioner, Commissioner, and VCAT will scrutinise records during audits, investigations, or reviews.