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).