Community Visitors Legislation (Miscellaneous Amendments) Act 2001 (Vic)

Community Visitors Legislation (Miscellaneous

Amendments) Act 2001

Act No. 51/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE DISABILITY SERVICES

(AMENDMENT) ACT 2000 3

3.	Amendment to definition of "region"	3
4.	Amendment to section 6	3

12. Secrecy provision 3

PART 3—AMENDMENT TO THE GUARDIANSHIP AND

ADMINISTRATION ACT 1986 5

5. Insertion of new section 18A 5

18. Powers of inspection 5

PART 4—AMENDMENTS TO THE HEALTH SERVICES ACT

1988   8

6.	Removal of requirement to reside within region	8
7.	Amendment of secrecy provision	8

PART 5—AMENDMENTS TO THE INTELLECTUALLY

DISABLED PERSONS' SERVICES ACT 1986 10

8.	Insertion of new definition of "region"	10
9.	Insertion of new section 62A	10

62A. Secrecy provision 10

10. Removal of requirement to reside in region 11

i

Section Page

11.	Insertion of new Part 7	11
PART 7—TRANSITIONAL	12

79.          Transitional provision—Community Visitors

Legislation (Miscellaneous Amendments) Act 2001 12

PART 6—AMENDMENTS TO THE MENTAL HEALTH ACT 1986 13

12.	Insertion of new definition of "region"	13
13.	Secrecy provision for community visitors	13
14.	Insertion of new section 117AA	14
117AA. Transitional provision—Community Visitors

Legislation (Miscellaneous Amendments) Act 2001 14

15. Removal of requirement to reside within region 14

═══════════════

ENDNOTES 15

ii

Victoria

No. 51 of 2001

Community Visitors Legislation

(Miscellaneous Amendments) Act 2001†

[Assented to 25 September 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make miscellaneous
amendments to the Disability Services
(Amendment) Act 2000, the Guardianship and
Administration Act 1986, the Health Services
Act 1988, the Intellectually Disabled Persons'
Services Act 1986 and the Mental Health Act
1986.

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation before 1 February 2002, it comes into

operation on that day.

_______________
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 3 Act No. 51/2001

PART 2—AMENDMENTS TO THE DISABILITY SERVICES

(AMENDMENT) ACT 2000

See:

Act No.	3. Amendment to definition of "region"
19/2000.
Statute Book:	In section 5 of the Disability Services
(Amendment) Act 2000 in the proposed
dpc.vic.
gov.au	definition of "region", for "Intellectually Disabled Persons' Services Act 1986" substitute "Health Services Act 1988".

4. Amendment to section 6

In section 6 of the Disability Services
(Amendment) Act 2000, after the proposed
section 11 insert—
"12. Secrecy provision

(1) Unless sub-section (2) applies, a person who

is or has been, at any time, a community
visitor must not, either directly or
indirectly—

(a) make a record of; or

(b) divulge or communicate to any person; or

(c) make use of—

any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for

the person—

(d) to perform any official duties; or

(e) to perform or exercise any function or power under this Act.

Penalty: 50 penalty units.
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 4

(2) Sub-section (1) does not prevent a person

from—

(a)	producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or
(b)	divulging or communicating to a court, in the course of any proceedings referred to in paragraph (a), any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in sub-section (1); or
(c)	producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing.".

_______________
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 5 Act No. 51/2001

PART 3—AMENDMENT TO THE GUARDIANSHIP AND

ADMINISTRATION ACT 1986

See:

Act No.

5. Insertion of new section 18A

58/1986.

Reprint No. 5

After section 18 of the Guardianship and

as at

Administration Act 1986 insert—

1 January

2000

and

'18A. Powers of inspection

amending

Act No

(1) The Public Advocate is entitled to enter any

78/2000.

premises on which an institution is situated

LawToday: 

and—

dpc.vic. 

gov.au 

(a) inspect those premises; and

(b)	see any person who is a resident of those premises or who is receiving any service from the institution; and
(c)

make enquiries relating to the control of any such person; and

(d)	inspect any document relating to any such person or any record required to be kept under this Act, the Disability Services Act 1991, the Health
Services Act 1988, the Intellectually Disabled Persons' Services Act 1986, or the Mental Health Act 1986.

(2) Sub-section (1)(d) does not authorise the

Public Advocate to inspect—

(a)	a person's medical records unless that person consents; or
(b)	personnel records unless the person to whom they relate consents.

(3) The person in charge and the members of

staff or management of the institution must
provide the Public Advocate with any

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 5

reasonable assistance that the Public power, duty or function under this section effectively.

(4) A person in charge or a member of the staff

or management of an institution must not—

(a)	unreasonably refuse or neglect to give assistance when required to do so under sub-section (3); or
(b)	refuse or fail to give full and true answers to the best of that person's knowledge to any questions asked by the Public Advocate in the performance or exercise of any power, duty or function under this section; or
(c)	assault, obstruct or threaten the Public Advocate in the performance or exercise of any power, duty or function under this section.

Penalty: 25 penalty units.

(5) In this section "institution" means any of

the following—

(a)	a residential service provider within the meaning of the Disability Services Act 1991;
(b)	supported residential service within the

a designated public hospital or 1988;

(c) a residential institution, residential
program, contracted service provider or
registered service within the meaning
of the Intellectually Disabled Persons'
Services Act 1986;

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 5 Act No. 51/2001

(d) a mental health service within the meaning of Division 5 of Part 6 of the Mental Health Act 1986.'.

_______________
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 6

PART 4—AMENDMENTS TO THE HEALTH SERVICES ACT

1988

See:

6. Removal of requirement to reside within region Act No. 49/1988.

In section 124(3) of the Health Services Act	Reprint No. 6
1988—	as at 1 July 2000
(a) in paragraph (b), for "region; or" substitute	and
amending
"region.";	Act Nos 39/2000,
(b) omit paragraph (c).	73/2000 and 1/2001.
LawToday:
dpc.vic. gov.au

7. Amendment of secrecy provision

In section 126 of the Health Services Act 1988,
for sub-section (1) substitute—

"(1) Unless sub-section (2) applies, a person who

is or has been, at any time, a community
visitor must not, either directly or

indirectly—

(a) make a record of; or

(b) divulge or communicate to any person; or

(c) make use of—

any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for

the person—

(d) to perform any official duties; or

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 7 Act No. 51/2001

(e) to perform or exercise any function or power under this Act.

Penalty: 50 penalty units.".

_______________
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 8

PART 5—AMENDMENTS TO THE INTELLECTUALLY

DISABLED PERSONS' SERVICES ACT 1986

See:

8. Insertion of new definition of "region" Act No. 53/1986.

In section 3(1) of the Intellectually Disabled	Reprint No. 4
Persons' Services Act 1986, for the definition of	as at 8 October
"region" substitute—	1998 and
' "region" has the same meaning as in the Health Services Act 1988;'.	amending
Act Nos
12/1999 and
19/2000.
LawToday:
dpc.vic.

9. Insertion of new section 62A gov.au

After section 62 of the Intellectually Disabled

Persons' Services Act 1986 insert—

"62A. Secrecy provision

(1) Unless sub-section (2) applies, a person who

is or has been, at any time, a community
visitor must not, either directly or
indirectly—

(a) make a record of; or

(b) divulge or communicate to any person; or

(c) make use of—

any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for

the person—

(d) to perform any official duties; or

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 10 Act No. 51/2001

(e) to perform or exercise any function or power under this Act.

Penalty: 50 penalty units.

(2) Sub-section (1) does not prevent a person

from—

(a)	producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or
(b)	divulging or communicating to a court, in the course of any proceedings referred to in paragraph (a), any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in sub-section (1); or
(c)	producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing.".

10. Removal of requirement to reside in region

In clause 1(2) of Schedule 3 to the Intellectually

Disabled Persons' Services Act 1986—

(a) in paragraph (b), for "Department; or" substitute "Department.";

(b) omit paragraph (c).

11. Insertion of new Part 7

Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001

After Part 6 of the Intellectually Disabled

Persons' Services Act 1986 insert—

'PART 7—TRANSITIONAL

79. Transitional provision—Community
Visitors Legislation (Miscellaneous
Amendments) Act 2001

The substitution of the definition of "region" by section 8 of the Community Visitors Legislation (Miscellaneous Amendments) Act 2001 does not affect anything done under this Act before the commencement of that section for the purposes of a region.'.

_______________
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

s. 12 Act No. 51/2001

PART 6—AMENDMENTS TO THE MENTAL HEALTH ACT

1986

See:

Act No.	12. Insertion of new definition of "region"
59/1986.
Reprint No. 6	In section 107 of the Mental Health Act 1986,
as at	for the definition of "region" substitute—
1 June 2000
and
amending	' "region" has the same meaning as in the Health
Act Nos	Services Act 1988;'.
67/1998 and 39/2000. LawToday: dpc.vic. gov.au

13. Secrecy provision for community visitors

In section 117 of the Mental Health Act 1986,
for sub-section (1) substitute—

"(1) Unless sub-section (2) applies, a person who

is or has been, at any time, a community
visitor must not, either directly or

indirectly—

(a) make a record of; or

(b) divulge or communicate to any person; or

(c) make use of—

any information, that is or was acquired by
the person because the person is or was
appointed as a community visitor, for any
purpose, except to the extent necessary for

the person—

(d) to perform any official duties; or

(e) to perform or exercise any function or power under this Act.

Penalty: 50 penalty units.".
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Act No. 51/2001 s. 14

14. Insertion of new section 117AA

After section 117 of the Mental Health Act 1986 insert—

'117AA. Transitional provision—Community

Visitors Legislation (Miscellaneous
Amendments) Act 2001

The substitution of the definition of "region" by section 12 of the Community Visitors Legislation (Miscellaneous Amendments) Act 2001 does not affect anything done under this Division before the commencement of that section for the purposes of a region.'.

15. Removal of requirement to reside within region

In clause 1(2) of Schedule 5 to the Mental Health

Act 1986—

(a) in paragraph (c), for "hospital; or" substitute "hospital.";

(b) omit paragraph (d).

═══════════════
Community Visitors Legislation (Miscellaneous Amendments)
Act 2001

Endnotes Act No. 51/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 18 September 2001

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Disability Services (Amendment) Act 2000, the
Guardianship and Administration Act 1986, the Health Services Act
1988, the Intellectually Disabled Persons' Services Act 1986 and the
Mental Health Act 1986 and for other purposes."