sec.39Definitions for pt 6

### sec.39 Definitions for pt 6 In this part— chapter 5B approval means an approval given under the Guardianship and Administration Act 2000 , chapter 5B . s 39 def chapter 5B approval ins 2019 No. 19 s 62 (2) complaint means a complaint about a matter mentioned in section 41 (2) made by or for a consumer at a visitable site. consumer means— for a visitable site that is an authorised mental health service under the Mental Health Act 2016 —any person who lives or receives services at the visitable site; or for a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site. s 39 def consumer amd 2016 No. 5 s 923 sch 4 forensic disability service means the forensic disability service under the Forensic Disability Act 2011 . funded adult participant means an adult— with impaired capacity for a personal matter or a financial matter, or with an impairment; and who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan. s 39 def funded adult participant ins 2019 No. 19 s 62 (2) impairment means a cognitive, intellectual, neurological or psychiatric impairment. private dwelling house means premises at which an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, lives if the premises are used, or used principally, as a separate residence for— if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or if paragraphs (a) , (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only. s 39 def private dwelling house sub 2019 No. 19 s 62 (1) – (2) relation , of an adult, means— a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult. s 39 def relation ins 2019 No. 19 s 62 (2) relevant class of supports means any of the following classes of supports under the National Disability Insurance Scheme Act 2013 (Cwlth) — high intensity daily personal activities; assistance with daily life tasks in a group or shared living arrangement; specialist positive behaviour support that involves the use of a restrictive practice; specialist disability accommodation. s 39 def relevant class of supports ins 2019 No. 19 s 62 (2) specialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the National Disability Insurance Scheme Act 2013 (Cwlth) , section 35 about the funding of SDA. s 39 def specialist disability accommodation ins 2019 No. 19 s 62 (2) specialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth) . s 39 def specialist positive behaviour support ins 2019 No. 19 s 62 (2) visitable site means— an authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or the forensic disability service; or premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that— are paid for wholly or partly from funding under the national disability insurance scheme; and are provided under the adult’s participant’s plan; and are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and are within the relevant class of supports; or a place, other than a private dwelling house, that is prescribed under a regulation. s 39 def visitable site amd 2016 No. 5 s 923 sch 4 ; 2019 No. 19 s 62 (3) – (4) visitable site document , for a visitable site, means— a document relating to the visitable site, including the visitable site’s records, policies and procedures; or a document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file. - (a) for a visitable site that is an authorised mental health service under the Mental Health Act 2016 —any person who lives or receives services at the visitable site; or - (b) for a visitable site that is the forensic disability service—any person who lives or receives services at the visitable site; or - (c) for another visitable site—an adult, with impaired capacity for a personal matter or a financial matter or with an impairment, who lives or receives services at the visitable site. - (a) with impaired capacity for a personal matter or a financial matter, or with an impairment; and - (b) who is a participant under the National Disability Insurance Scheme Act 2013 (Cwlth) and has a participant’s plan. - (a) if a restrictive practice is being used at the premises in relation to the adult under a chapter 5B approval—the adult and 1 or more of the adult’s relations; or - (b) if specialist positive behaviour support is being provided at the premises under the adult’s participant’s plan and the support involves the use of a restrictive practice—the adult and 1 or more of the adult’s relations; or - (c) if specialist disability accommodation is being provided at the premises under the adult’s participant’s plan—the adult and 1 or more of the adult’s relations; or - (d) if paragraphs (a) , (b) and (c) do not apply—the adult and 1 or more of the adult’s relations, or the adult only. - (a) a person who is related to the adult by blood, spousal relationship, adoption or a foster relationship; or - (b) if the adult is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the adult; or - (c) if the adult is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the adult. - (a) high intensity daily personal activities; - (b) assistance with daily life tasks in a group or shared living arrangement; - (c) specialist positive behaviour support that involves the use of a restrictive practice; - (d) specialist disability accommodation. - (a) an authorised mental health service under the Mental Health Act 2016 that provides inpatient services; or - (b) the forensic disability service; or - (c) premises, other than a private dwelling house, at which a funded adult participant lives and receives services or supports that— (i) are paid for wholly or partly from funding under the national disability insurance scheme; and (ii) are provided under the adult’s participant’s plan; and (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and (iv) are within the relevant class of supports; or - (i) are paid for wholly or partly from funding under the national disability insurance scheme; and - (ii) are provided under the adult’s participant’s plan; and - (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and - (iv) are within the relevant class of supports; or - (d) a place, other than a private dwelling house, that is prescribed under a regulation. - (i) are paid for wholly or partly from funding under the national disability insurance scheme; and - (ii) are provided under the adult’s participant’s plan; and - (iii) are provided by a registered NDIS provider that is registered under the National Disability Insurance Scheme Act 2013 (Cwlth) , section 73E to provide a relevant class of supports; and - (iv) are within the relevant class of supports; or - (a) a document relating to the visitable site, including the visitable site’s records, policies and procedures; or - (b) a document relating to a consumer at the visitable site, including a document in the consumer’s personal or medical file, regardless of who owns the file.