Version No. 051
Disability Act 2006
No. 23 of 2006
Version incorporating amendments as at
24 May 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
3ADisability service provider taken to be providing residential services
3BNDIS provider taken to be providing a residential service in certain circumstances
3CPrimary service providers
Part 2—Objectives and principles
4Objectives of Act
5Principles
6Persons with an intellectual disability
7Provision of advice, notification or information under this Act
Part 3—Administration
Division 1—The Secretary
8Role and functions of the Secretary
9Power of Secretary to provide funds
10Power of Secretary to enter into contracts
10ASecretary's powers in relation to land
10BCommittee of management
10CRecord of dealings
10DSecretary's powers in relation to intellectual property
Division 2—The Victorian Disability Advisory Council
11Victorian Disability Advisory Council
12Functions of the Victorian Disability Advisory Council
13Provisions applying to the Victorian Disability Advisory Council
Division 3—The Disability Services Commissioner
14Disability Services Commissioner
15Acting Disability Services Commissioner
16Functions of the Disability Services Commissioner
17Powers of the Disability Services Commissioner
18Provision of staff and contractors
19Annual report
19AProtection from liability for Commissioner
Division 5—The Senior Practitioner
23The Senior Practitioner
24Functions of the Senior Practitioner
25Power of Senior Practitioner to delegate
26Provision of staff and contractors
27Special powers of the Senior Practitioner
Division 6—Community visitors
28Community visitors
29General provisions as to community visitors
30Functions of a community visitor in respect of premises where residential services are provided
30AFunctions of a community visitor in respect of SDA dwellings or short-term accommodation dwellings
30BFunctions of a community visitor in respect of Minister approved premises
31Certain persons deemed to be community visitors
32Community Visitors Board
33Matter may be referred
34Reports by community visitors
35Annual report of community visitors
36Secrecy provision
Part 4—Disability services
Division 1—General provisions
37State Disability Plan
38Disability Action Plans
39Information systems
48ASecretary may exempt disability service providers from requirements
Division 2—Accessing disability services
49Request for disability services
50Decision by Secretary as to disability
50AApplication to VCAT for review of decision as to disability
51Effect of decision of Secretary
Part 5—Residential services
Division 1—General provisions
56Purpose and application of Part
57Residential statement
58Duties of disability service provider providing residential services
59Duties of residents
60Entry to a resident's room
61Manner of entry
61ATermination of residency in residential service
61BSpecialist forensic disability accommodation
62Offences relating to interference with rights
Part 6—Rights and accountability
Division 2—Provisions relating to the management of money
90Management of money
91Residents' Trust Fund
92Money to be paid into the Residents' Trust Fund by the Secretary
93Management of money of a resident
94Investment of money
95Limit on amount held
96Trust money must be paid when person leaves
Division 3—Monitoring of performance
99Power of Secretary to give directions
100Further powers of Secretary
Division 5—Complaints to disability service providers
105Report on complaints
Division 5A—Complaints to regulated service providers
106AAApplication of Division and references
106AInternal process of regulated service provider for complaints
106BReport on complaints
106CDuty to take all reasonable steps to prevent adverse effects
Division 6—Complaints to Disability Services Commissioner
107Purpose of Division
108Application of Division
108AReferences…