Disability Act 2006
58Duties of disability service provider providing residential services
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58 Duties of disability service provider providing residential services
(1) A disability service provider providing residential services must—
S. 58(1)(a) amended by No. 9/2023 s. 30(1)(a).
(a) take reasonable measures to ensure that residents are treated with dignity and respect;
(b) ensure that the premises in which the residential services are provided and any fixtures, furniture and equipment provided are maintained in good repair;
(c) minimise any inconvenience or disruption to residents when undertaking repairs or renovations;
(d) take reasonable steps to ensure that any repairs or renovations are completed in a timely and reasonable manner;
S. 58(1)(e) amended by No. 9/2023 s. 30(1)(b).
(e) subject to subsection (2), not unreasonably limit or interfere with a resident's access to their room or to the toilet, bathroom or other common areas in the premises which are available for the resident's use;
S. 58(1)(f) amended by No. 9/2023 s. 30(1)(c).
(f) subject to subsection (2A), not unreasonably interfere with a resident's right to privacy or proper use and enjoyment of the premises;
(g) take reasonable measures to ensure the security of a resident's property;
(h) be accessible to residents by—
S. 58(1)(h)(i) amended by No. 22/2012 s. 16(1).
(i) providing the contact details of the disability service provider; and
S. 58(1)(h)(ii) amended by Nos 22/2012 s. 16(1), 9/2023 s. 30(1)(d).
(ii) ensuring that the times during which the disability service provider can be contacted are reasonable having regard to all the circumstances including the kind of support and treatment being provided to residents;
S. 58(1)(ha) inserted by No. 9/2023 s. 30(1)(e).
(ha) take reasonable steps to support the resident in relation to the implementation of any treatment plan or behaviour support plan and in relation to community access;
S. 58(1)(hb) inserted by No. 9/2023 s. 30(1)(e).
(hb) disclose information relating to the treatment, support and safety needs of the resident with other service providers in accordance with this Act or any other Act;
S. 58(1)(i) substituted by No. 9/2023 s. 30(1)(f).
(i) ensure—
(i) that residents receive any information which they are required to be given under this Part; and
(ii) that it complies with section 7 for the purposes of providing advice, information or notices to residents;
S. 58(1)(j) inserted by No. 9/2023 s. 30(1)(f).
(j) take reasonable steps to support a person with a disability to understand and comply with any direction or order, or condition on any order, or any treatment plan, that the person is subject to and which requires the person to live at the residential service;