Version incorporating amendments as at
1 July 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocations 2
5 Definitions 2
6 Exempt service provider 3
7 Prescribed service provider 3
8 Public sector bodies 3
Part 2—Financial matters 6
9 Relevant prescribed amount for residential charge 6
10 Management of money of a resident 6
11 Limit on amount held 6
Part 3—Treatment and fees 7
12 Approval to use restrictive interventions 7
13 Approval to use supervised treatment 7
14 Fees for residents in residential institutions 8
Part 4—Community visitors 9
Division 1—Election of community visitors to the Community Visitors Board 9
15 When elections must be held 9
16 Returning officer to be appointed 9
17 Notice of an election 10
18 Information in notice 10
19 Nomination and polling days 10
20 Method of nominating 10
21 Form of nomination paper 11
22 Withdrawal of nomination 11
Division 2—Conduct of election 12
23 Contested election 12
24 Order of names on ballot paper 12
25 Distribution of ballot papers 12
26 Candidate's personal statement 13
27 Method of voting 13
28 Manner of lodging vote 14
29 Receipt of reply paid return envelopes 14
30 Invalid votes 15
31 Method of counting votes and declaration of result 15
32 Recounts 15
33 Disputes 15
34 Notification of the election results 16
35 Custody of election papers 16
Division 3—Casual vacancies 16
36 Method for filling casual vacancies 16
Division 4—Record of visits by community visitors 17
37 Prescribed particulars for record of visits 17
Division 5—Transitional provision 18
38 Transitional provision for the Community Visitors Board 18
Part 5—Disclosure, use and transfer of information 19
39 Disclosure of information for the purposes of the National Disability Insurance Scheme 19
40 Use, disclosure and transfer of information for or with respect to the National Disability Insurance Scheme 19
41 Disclosure of information by the Disability Services Commissioner 19
Schedule 1—Record of visits by community visitors 21
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Endnotes 22
1 General information 22
2 Table of Amendments 24
3 Amendments Not in Operation 25
4 Explanatory details 26
Version No.002
Disability Regulations 2018
S.R. No. 74/2018
Version incorporating amendments as at
1 July 2020
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are to prescribe—
(a) a regulated service provider as an exempt service provider for the purposes of the definition of exempt service provider in section 3(1) of the Disability Act 2006; and
(b) a service provider as a prescribed service provider for the purposes of the definition of prescribed service provider in section 3(1) of that Act; and
(c) statutory authorities and statutory corporations as public sector bodies for the purposes of section 38(6) of that Act; and
(d) monetary limits for residential charges in relation to the provision of certain disability services under that Act; and
(e) the details required in an application for approval to use restrictive interventions or supervised treatment under that Act; and
(f) a form to record visits by community visitors under that Act; and
(g) the procedure for the election of community visitors to the Community Visitors Board under that Act; and
(h) the persons with whom the Disability Services Commissioner may share information acquired under that Act; and
(i) the persons or bodies to whom information may be disclosed under section 39(6) of that Act for the purposes of the NDIS; and
(j) other matters required to be prescribed under that Act.
2 Authorising provision
These Regulations are made under section 221 of the Disability Act 2006.
3 Commencement
These Regulations come into operation on 24 June 2018.
(c) the Disability Further Amendment Regulations 2009[3].
5 Definitions
In these Regulations—
Commonwealth disability support pension means a pension paid in accordance with Part 2.3 of the Social Security Act 1991 of the Commonwealth;
Commonwealth rent assistance means an amount paid in accordance with Part 3.7 of the Social Security Act 1991 of the Commonwealth to cover the cost of a person's rent;
NDIS Quality and Safeguards Commission means the National Disability Insurance Scheme Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;
the Act means the Disability Act 2006.
6 Exempt service provider
(1) For the purposes of paragraph (a) of the definition of exempt service provider in section 3(1) of the Act, the Department of Education and Training, to the extent that it is a regulated service provider, is prescribed as an exempt service provider.
(2) This regulation applies from 24 June 2018 until 31 December 2019.
7 Prescribed service provider
(1) For the purposes of paragraph (b)(i) of the definition of prescribed service provider in section 3(1) of the Act, the Department of Education and Training, to the extent that it provides early childhood intervention services, is prescribed as a prescribed service provider.
(2) This regulation applies from 24 June 2018 until 31 December 2019.
8 Public sector bodies
For the purposes of paragraphs (b) and (c) of the definition of public sector body in section 38(6) of the Act, the following statutory authorities and statutory corporations are prescribed to be public sector bodies—
(a) Adult Multicultural Education Services established under Part 3.3 of the Education and Training Reform Act 2006;
(b) Ambulance Victoria (ABN 50 373 327 705);
(c) Barwon Region Water Corporation (ABN 86 348 316 514);
(d) Central Gippsland Region Water Corporation (ABN 75 830 750 413);
(e) Council of Trustees of the National Gallery of Victoria (ABN 77 884 986 472);
(z) V/Line Corporation continued under the Transport Integration Act 2010;
(za) Zoological Parks and Gardens Board (ABN 96 913 959 053).
Part 2—Financial matters
9 Relevant prescribed amount for residential charge
For the purposes of section 72(3) of the Act, the prescribed amount, in relation to a proposed residential charge, is an amount equal to the sum of 75% of the Commonwealth disability support pension and 100% of the Commonwealth rent assistance received annually by the person to whom the proposed residential charge relates.
10 Management of money of a resident
For the purposes of section 93(1) and (2) of the Act, the prescribed amount is $500.
11 Limit on amount held
For the purposes of section 95(1) of the Act, the prescribed amount is $5000.
Part 3—Treatment and fees
12 Approval to use restrictive interventions
For the purposes of section 135(2)(a) of the Act, the prescribed details are—
(a) the address and contact details for every premises where the disability service provider proposes to use restrictive interventions; and
(b) if the disability service provider proposes to have more than one Authorised Program Officer, the name and qualifications of each holder of that position at each premises referred to in paragraph (a); and
(c) the reasons why the disability service provider considers it necessary to use restrictive interventions at each particular premises referred to in paragraph (a); and
(d) the capacity and ability of the disability service provider to comply with the requirements contained in Part 7 of the Act.
13 Approval to use supervised treatment
For the purposes of section 186(2)(a) of the Act, the prescribed details are—
(a) the address and contact details for every premises where the disability service provider proposes to use supervised treatment; and
(b) if the disability service provider proposes to have more than one Authorised Program Officer, the name and qualifications of each holder of that position at each premises referred to in paragraph (a); and
(c) the reasons why the disability service provider considers it necessary to use supervised treatment at each particular premises referred to in paragraph (a); and
(d) the capacity and ability of the disability service provider to comply with the requirements contained in Division 5 of Part 8 of the Act.
14 Fees for residents in residential institutions
For the purposes of section 221(1)(e) of the Act, the charge for the provision of accommodation, care or services in respect of a resident in a residential institution (other than a community residential unit) is an amount that is levied monthly and is calculated as follows—
(a) the charge is set every 6 months; and
(b) the charge is equivalent to 57⋅1% of the sum of the Commonwealth disability support pension and Commonwealth rent assistance received by the resident in respect of each corresponding month.
Part 4—Community visitors
Division 1—Election of community visitors to the Community Visitors Board
15 When elections must be held
(1) For the purposes of section 32(2)(b) of the Act, elections must be—
(a) held before 30 June in each year; and
(b) conducted in accordance with this Division and Division 2.
(2) The office of one community visitor elected to the Community Visitors Board falls vacant each year.
(3) A community visitor elected to the Community Visitors Board holds office from 1 July of the year that the community visitor was elected for a period of 2 years unless—
(a) the community visitor resigns as a board member before the end of that period; or
(b) the office of the community visitor becomes vacant before the end of that period.
16 Returning officer to be appointed
(1) The Public Advocate must appoint a returning officer to conduct elections of members to the Community Visitors Board.
(2) The returning officer has the following functions—
(a) to ensure that a list of names and addresses of community visitors is kept and maintained;
(b) to fix the dates for nomination day and polling day;
(c) to determine questions relating to the validity or regularity of votes.
17 Notice of an election
(1) The returning officer must give notice of an election in accordance with subregulation (2) on or before 1 April in each year.
(2) Notice of the election must be given by sending a copy of the notice to the postal address of each community visitor on the list of community visitors provided to the returning officer by the Public Advocate.
18 Information in notice
The notice of an election must specify the following—
(a) the nomination day, being the day on or before which nomination of candidates for election must be lodged;
(b) the place where nominations must be lodged;
(c) the polling day.
19 Nomination and polling days
(1) The nomination day must be on or before 1 May in each year.
(2) The polling day must be—
(a) on or before 1 June in each year; and
(b) at least 21 days after the nomination day.
20 Method of nominating
(1) A community visitor who intends to be a candidate at an election must lodge a nomination paper with the returning officer not later than 12 noon on the nomination day.
(2) A nomination paper may be lodged—
(a) in person; or
(b) by sending the paper by post; or
(c) by electronically transmitting a copy of the paper.
(3) The returning officer must give a receipt for a nomination to any candidate—
(a) whose nomination paper is lodged no later than 12 noon on the nomination day; and
(b) who requests a receipt.
21 Form of nomination paper
A nomination paper must—
(a) be in writing; and
(b) state that the community visitor is nominating as a candidate for election to the Community Visitors Board; and
(c) contain the full name and address of the candidate; and
(d) contain the signature of the candidate and the date of the signing of that nomination paper.
22 Withdrawal of nomination
(1) A community visitor who has nominated as a candidate for an election may withdraw from the election by giving notice of withdrawal in writing to the returning officer not later than 12 noon on nomination day by a method referred to in regulation 20(2).
(2) The returning officer must not include on any ballot paper for the election the name of a community visitor who has withdrawn under subregulation (1).
Division 2—Conduct of election
23 Contested election
(1) If more than one nomination is received, the returning officer must conduct an election.
(2) The returning officer must prepare ballot papers, postal ballot envelopes, and reply paid return envelopes for the election.
(3) A ballot paper must contain—
(a) the full name of each candidate who has nominated for election to the Community Visitors Board and who has not withdrawn under regulation 22; and
(b) written advice regarding the method of voting set out in regulation 27.
24 Order of names on ballot paper
(1) The returning officer must determine by lot the order in which the names of the candidates are to appear on the ballot paper.
(2) The order of names of the candidates must be determined in the presence of—
(a) at least one other person; and
(b) any candidate who wishes to be present or the candidate's representative.
25 Distribution of ballot papers
At least 14 days before the polling day, the returning officer must send to the postal address of each community visitor a postal ballot envelope containing the following—
(a) voting instructions;
(b) a ballot paper;
(c) a ballot paper envelope;
(d) a reply paid return envelope addressed to the returning officer;
(e) each candidate's personal statement or advice that the candidate has not lodged a personal statement.
26 Candidate's personal statement
(1) A candidate may lodge a personal statement with the returning officer for inclusion in the postal ballot envelope.
(2) A candidate's personal statement must be—
(a) no longer than 150 words; and
(b) signed by the candidate; and
(c) lodged with the returning officer no later than 12 noon on the third day after nomination day.
(3) A candidate's personal statement may be lodged—
(a) in person; or
(b) by sending the statement by post; or
(c) by electronically transmitting a copy of the statement.
(4) A candidate must not refer in the candidate's personal statement to another candidate standing for election without the written consent of that other candidate.
27 Method of voting
To record a valid vote, a community visitor must insert the number "1" on the ballot paper opposite the name of the candidate who is the community visitor's choice for the member of the Community Visitors Board.
28 Manner of lodging vote
After marking the ballot paper, the elector must—
(a) place the ballot paper in the ballot paper envelope and seal the envelope; and
(b) sign the elector's name on that envelope and include the date of the signing of that envelope; and
(c) place the ballot paper envelope in the reply paid return envelope and seal that envelope; and
(d) post or deliver the reply paid return envelope to reach the returning officer before 4 p.m. on polling day.
29 Receipt of reply paid return envelopes
In the presence of a person nominated by the Public Advocate and as soon as practicable after the close of the election, the returning officer must—
(a) remove the ballot paper envelope from each reply paid return envelope received before 4 p.m. on polling day; and
(b) record receipt of the ballot paper envelope on the list of community visitors; and
(c) separate the signed ballot paper envelopes from the unsigned ballot paper envelopes; and
(d) disallow the unsigned ballot paper envelopes; and
(e) remove and separate the ballot papers from the signed ballot paper envelopes; and
(f) count the votes recorded on the ballot papers removed from the signed ballot paper envelopes.
30 Invalid votes
A vote must not be counted if it is marked on a ballot paper that—
(a) is not enclosed in a ballot paper envelope signed by a community visitor; or
(b) is received from a person whose name is not on the list of community visitors provided to the returning officer by the Public Advocate; or
(c) does not have a number "1" placed opposite one of the candidates' names in accordance with regulation 27.
31 Method of counting votes and declaration of result
(1) The returning officer must declare as elected to the Community Visitors Board the candidate who received the most votes.
(2) In the event of a tie of votes between candidates, the returning officer must separately place the names of those candidates in a container and arrange for another person to draw out the name of one of those candidates as the elected candidate.
32 Recounts
(1) The returning officer may recount the votes at any time before the declaration of the election—
(a) on the written request of any candidate stating the reasons for the request; or
(b) on the returning officer's own motion.
(2) The returning officer must advise all candidates if a recount is to be conducted.
33 Disputes
The Public Advocate must determine any question arising as to the validity or regularity of any vote.
34 Notification of the election results
(1) As soon as practicable after declaring the results of the election, the returning officer must notify the results of the election to the Public Advocate and to each candidate.
(2) The Public Advocate must inform each community visitor in writing of the results of the election within 14 days after the day on which the results of that election are declared.
35 Custody of election papers
The returning officer must ensure the safe custody of all materials used in an election for 30 days from the day on which the results of that election are declared.
Division 3—Casual vacancies
36 Method for filling casual vacancies
(1) Subject to subregulation (5), if a vacancy arises in the office of an elected member of the Community Visitors Board other than by expiry of the member's office, the Public Advocate must appoint a returning officer to conduct an election for a community visitor to fill the casual vacancy for the remainder of the current office.
(2) Subject to subregulation (6), the returning officer must comply with the requirements of Divisions 1 and 2 to the extent that they are applicable to the filling of a casual vacancy.
(3) The returning officer must—
(a) record the name of the candidate elected to the Community Visitors Board; and
(b) advise the Public Advocate and each of the candidates of the candidate elected to the Community Visitors Board.
(4) A candidate is elected to the Community Visitors Board if—
(a) the candidate is a sole nominee; or
(b) if more than one nomination is received, the candidate received more votes than any other candidate at the election conducted to fill the vacancy; or
(c) in the case of a tie, the candidate's name is drawn in accordance with regulation 31(2).
(5) If a casual vacancy occurs less than 2 months before the office of an elected member of the Community Visitors Board expires, the Public Advocate is not required to comply with subregulation (1) and the office may remain vacant until a community visitor is elected under Division 2.
(6) The returning officer is not required to comply with any requirements as to time in Divisions 1 and 2 if—
(a) a casual vacancy in the office of an elected member of the Community Visitors Board occurs less than 4 months before the office was due to expire; and
(b) the returning officer is satisfied that it is necessary to dispense with those requirements in order to conduct the election to fill the casual vacancy as expeditiously as is practicable and appropriate in the circumstances.
Division 4—Record of visits by community visitors
37 Prescribed particulars for record of visits
For the purposes of section 132 of the Act, the prescribed form is the form set out in Schedule 1.
Division 5—Transitional provision
38 Transitional provision for the Community Visitors Board
Despite the revocation of the Disability Regulations 2007 by regulation 4(a), a community visitor holding office as a member of the Community Visitors Board immediately before 24 June 2018 continues as a member of the Board for the period ending 2 years after the community visitor was elected.
Part 5—Disclosure, use and transfer of information
39 Disclosure of information for the purposes of the National Disability Insurance Scheme
For the purposes of section 39(4)(m) of the Act, the NDIS Quality and Safeguards Commission is a prescribed body.
40 Use, disclosure and transfer of information for or with respect to the National Disability Insurance Scheme
For the purposes of section 39(6) of the Act, the following persons or bodies are prescribed—
Reg. 40(a) revoked by S.R. No. 59/2020 reg. 5.
(b) a disability service provider that has entered into a contract or deed with the State for the provision of disability services that were previously provided by or on behalf of the State; and
(c) a person or body that has entered into a contract or deed with the State for the provision of early childhood intervention services that were previously provided by or on behalf of the State.
41 Disclosure of information by the Disability Services Commissioner
For the purposes of section 132ZB(m) of the Act, the following persons are prescribed—
(a) a disability service provider;
(b) a regulated service provider;
(c) the Secretary to the Department of Education and Training;
(d) the Registrar of Births, Deaths and Marriages;
(e) the Transport Accident Commission;
(f) the NDIA;
(g) the NDIS Quality and Safeguards Commission;
Reg. 41(h) amended by S.R. No. 59/2020 reg. 6(a).
(h) the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth;
Reg. 41(i) inserted by S.R. No. 59/2020 reg. 6(b).
(i) the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;
Reg. 41(j) inserted by S.R. No. 59/2020 reg. 6(b).
(j) the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;
Reg. 41(k) inserted by S.R. No. 59/2020 reg. 6(b).
(k) the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018.
Schedule 1—Record of visits by community visitors
Disability Act 2006
Section 132
Disability Regulations 2018
Regulation 37
Reference No.:
Name of disability service provider providing residential services:
Name and address of facility:
Arrival time:
Departure time:
Date:
Names of community visitors: [print names]
Issues from previous visit/s:
🞏 Resolved
🞏 Unresolved
If unresolved, give brief details and status:
Observations:
Issues and matters for attention:
🞏 Written response required
Signature of community visitor(s):
Date signed:
Signature of staff member present:
Name:
Date signed:
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Disability Regulations 2018, S.R. No. 74/2018 were made on
13 June 2018 by the Governor in Council under section 221 of the Disability Act 2006, No. 23/2006 and came into operation on 24 June 2018: regulation 3.
The Disability Regulations 2018 will sunset 10 years after the day of making on 13 June 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule 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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Disability Regulations 2018 by statutory rules, subordinate instruments and Acts.