131Request to see a community visitor—resident in residential service

131 Request to see a community visitor—resident in residential service (1) Any resident in a residential service or any person on behalf of the resident may request the disability service provider to arrange for the resident to be seen by a community visitor. (2) The disability service provider must within 72 hours of receiving a request under subsection (1) advise the Community Visitors Board that a request has been made. 1. 5 penalty units. (3) Unless subsection (4) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (2). (4) For the purposes of subsection (3), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request. (5) The Community Visitors Board may refuse a request under subsection (2) if the Community Visitors Board considers that the request is— S. 131A (Heading) amended by No. 9/2023 s. 93(1). S. 131A inserted by No. 19/2019 s. 57. 131A Request to see a community visitor—NDIS participants, DSOA clients or SDA residents in SDA dwelling or short-term accommodation dwelling S. 131A(1) amended by No. 9/2023 s. 93(2). (1) Subject to subsection (2), any NDIS participant, DSOA client or SDA resident or any person on behalf of the NDIS participant, DSOA client or SDA resident may request the dwelling or support provider to arrange for the NDIS participant, DSOA client or SDA resident to be seen by a community visitor. S. 131A(2) amended by Nos 19/2019 s. 146(5), 9/2023 s. 93(3). (2) A person must not make a request under subsection (1) on behalf of an NDIS participant, DSOA client or SDA resident living in an SDA dwelling under a residential rental agreement (within the meaning of the **Residential Tenancies Act 1997**) unless the NDIS participant, DSOA client or SDA resident has consented to the person making the request on behalf of the NDIS participant, DSOA client or SDA resident. (3) The dwelling or support provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request. (4) Unless subsection (5) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (3). (5) For the purposes of subsection (4), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request. (6) The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is— (7) In this section— S. 131A(7) def. of *dwelling or support provider* amended by No. 9/2023 s. 93(4)(a)−(c). ***dwelling or support provider*** means in respect of an NDIS participant, DSOA client or SDA resident living— (a) in an SDA dwelling— (i) an SDA provider; or (ii) the provider who provides daily independent living supports at the SDA dwelling; or (iii) a disability service provider; and (b) in a short‑term accommodation dwelling, the relevant registered NDIS provider. S. 131A(7) def. of *NDIS resident* repealed by No. 9/2023 s. 93(4)(d). S. 131B inserted by No. 9/2023 s. 38.