Disability Act 2006 (Vic)

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 to service provider

109What matters can be the subject of a complaint?

110Who may make a complaint?

111How do you make a complaint?

112Withdrawal of complaint

113Preliminary assessment of complaint

114Circumstances in which the Disability Services Commissioner may decline to consider a complaint

115Notice of decision to consider or not to consider complaint

116Consideration of complaint suitable for conciliation

117Dealing with a complaint

118Investigation of a complaint

119Notice of decision and procedures

120Circumstances in which notice is not to be given

121Duty to stop proceedings

123Powers not to be exercised during conciliation

Division 6A—Initiated investigations

Subdivision 1—Preliminary

127Application of Division and references

128ADefinition

Subdivision 2—Commissioner initiated investigations

128BCommissioner initiated investigations

128CNotice of initiated investigation

128DDecision of Commissioner on initiated investigation

128EDecision that action should be taken

128FNotice of decision of initiated investigation

128GNotice to take action

Division 6B—Referral investigations

Subdivision 1—Preliminary

128GAApplication of Division and references

128HDefinition

Subdivision 2—Referral investigations

128IReferral investigations

128JPublication of referral investigations

128KNotice of referral investigation

128LDecision of Commissioner on referral investigation

128MDecision that action should be taken

128NNotice to take action

Division 6C—Following up on investigations

Subdivision 1—Preliminary

128NAApplication of Division and references

128ODefinition

Subdivision 2—Reporting on action taken

128PService provider to report on action taken

128QNotice requiring service provider to report

Subdivision 3—Follow up investigations

128RFollow up investigations

128SNotice of follow up investigation

128TDecision of Commissioner on follow up investigation

128UNotice of decision on follow up investigation

Division 7—Visits by community visitors

129AAMinister approved premises

129Visiting of residential service, SDA dwelling, short-term accommodation dwelling or Minister approved premises

130Powers of inspection

130AObligations of service provider and staff

131Request to see a community visitor—resident in residential service

131ARequest to see a community visitor—NDIS participants, DSOA clients or SDA residents in SDA dwelling or short-term accommodation dwelling

131BRequest to see a community visitor—residents of Minister approved premises

132Record of visits

Division 8—Conduct of investigations, investigatory powers and related matters

Subdivision 1—Preliminary

132AAApplication of Division and references

132ADefinitions

Subdivision 2—Authorised officers

132BAppointment of authorised officers

132CIdentification of authorised officers

Subdivision 3—Inspection and search powers

132DProduction of identification

132EVisit and inspection of premises

132FPowers during visit and inspection

132GProvisions relating to interviews

132HSearch warrants

132IObligations of person executing a warrant on entry

132JOffence to hinder or obstruct person exercising a power under this Subdivision

132KRequirement to give assistance

Subdivision 4—Conduct of investigations

132LPrinciples applying to all investigations

132MAssistance to be provided

132NRequirements if there is no hearing

132ORequirements if there is a hearing

132PInvestigation hearing notice

132QOffence to fail to comply with investigation hearing notice

132RVariation or revocation of investigation hearing notice

132SPower to take evidence on oath or affirmation

132TPowers in relation to documents and things

Subdivision 5—Offences, protections and other matters relating to investigations

132UCompellability of Commissioner or member of staff

132VProtection of participants in investigations

132WDisclosures made in good faith

132XProtection against self-incrimination

132YLegal professional privilege and client legal privilege

132ZFalse statements

132ZAPerson not to be penalised for making a complaint, providing information

Subdivision 6—Disclosure of information

132ZBCommissioner may give information to other persons or bodies

132ZCOffence to disclose or make a record of information

Division 9—General issues applying to investigations

132ZCAApplication of Division and references

132ZDDefinition

132ZEReporting on investigations

132ZFAdverse comment on or opinion of service provider in report

132ZGGiving a report to Parliament

132ZHAvoiding unnecessary duplication

Part 6A—Appointment of Authorised Program Officers

132ZIDisability service provider or registered NDIS provider to appoint Authorised Program Officer

132ZJDisability service provider or registered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer

132ZKRevocation of approval

132ZLSenior Practitioner to notify Social Services Regulator or NDIS Commissioner

132ZMSenior Practitioner to notify disability service provider or registered NDIS provider before refusal or revocation

132ZNApplication for review of appointment decision

132ZOSenior Practitioner may issue directions

Part 7—Use of restrictive practices

133Purpose and application of Part

134Authorised Program Officers

135Use of regulated restrictive practice only permitted after authorisation and approval given

136Authorisation for use of regulated restrictive practices

137Use of regulated restrictive practice permitted in certain circumstances—disability service provider

138Behaviour support plan to be prepared and include use of regulated restrictive practice—disability service providers

139Review of behaviour support plan—disability service providers

140Independent person

141Powers of Public Advocate

142Information to be provided

143Approval by Senior Practitioner to use certain regulated restrictive practices

144Review by VCAT

145Authorisation for use of regulated restrictive practices in emergencies

146Directions and other requirements of Senior Practitioner

147Reporting emergency use of regulated restrictive practices—disability service providers

148Reporting use of regulated restrictive practices—disability service providers

149Offences

Part 8—Compulsory treatment

Division 1AA—Preliminary

150ARestrictions on liberty or freedom of movement

Division 1—Residential treatment facilities

151Proclamation of residential treatment facility

152Admission to a residential treatment facility

152AInformation to be provided to resident

152BSecretary may extend admission to residential treatment facility

153Authorised Program Officer must prepare treatment plan

154Annual review of treatment plan

155Application for review of treatment plan

156Leave of absence

157Special leave

158Suspension of leave of absence or special leave

159Security conditions

159ASecretary to approve certain security conditions

160Apprehension of resident absent without leave

161Transfer of resident to another residential treatment facility

Division 2—Provisions applying to RTO residents

162Extended leave

163Appeals regarding extended leave

164Suspension and revocation of extended leave

165Appeals regarding revocation of extended leave

Division 3—Provisions applying to security residents

166Transfer of person with an intellectual disability from a prison

167Preparation of treatment plan

168Annual review of security order and treatment plan

169Application for review of treatment plan

175Termination of a security order

176Death of security resident

177Request for transfer to prison

179Notice of transfer of security resident to another residential treatment facility

Division 4—Provisions applying to forensic residents

180Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

181Status of forensic residents

182Leave of absence for forensic resident

Division 5—Supervised treatment orders for implementation by disability service providers or registered NDIS providers

183Purpose of Division

184Certain disability service providers not required to comply with Division

185Provision of services to persons subject to supervised treatment order

186Authorised Program Officers

187Senior Practitioner may approve accommodation for supervised treatment

188Senior Practitioner must notify Public Advocate of approved accommodation

189Treatment plans

190Authorised Program Officer must give treatment plan to person

191Application for supervised treatment order

191AInformation to be included in application for supervised treatment order

191BSenior Practitioner must notify NDIS Commissioner if certificate issued

191CNotification of application and parties to proceeding

192Authorised Program Officer may request interim supervised treatment order

193Supervised treatment order for persons with a disability and NDIS participants

194Application by the Public Advocate

194AResponsibilities of Authorised Program Officers for primary service providers

194BResponsibilities of disability service providers and registered NDIS providers

194CAuthorised Program Officer responsible for implementing treatment plan

195Supervision of supervised treatment order

196Application for review, variation or revocation

196AProcess concerning expiry of supervised treatment order

196BSenior Practitioner to notify NDIS Commissioner about certain matters

197Application for rehearing

198Rehearing

199Senior Practitioner may make assessment order

199AApplication for review of assessment order

199BSenior Practitioner to notify NDIS Commissioner about assessment orders

200Supervised treatment order to prevail over guardianship order

201Apprehension of person subject to a supervised treatment order absent without approval

Division 6—Use of restrictive practices in implementing treatment plans

201APurpose and application of Division

201BUse of restrictive practices

201CAuthorised Program Officers

201DUse of regulated restrictive practices

201EUse of regulated restrictive practices must be included in treatment plan

201FReports

201GOffence

201HSenior Practitioner may issue guidelines and standards and give directions

201ISenior Practitioner may lodge evidence regarding use of regulated restrictive practices

Part 8A—Use and disclosure of information

202AADefinitions

202ABDisclosure, use or transfer of protected information

202ACUse, transfer or disclosure of information relating to disability services or disability service providers

202ADDisclosure of information about worker screening

202AEApplication of Part

Part 9—General provisions

202False and misleading statements

203Defacing documents

204Delegation

205Provision of staff services

206Special powers of Secretary

207Appointment of authorised officers

208Identity cards

209Production of identity card

210Powers of authorised officers

211Offence to give false or misleading information

212Offence to hinder or obstruct authorised officer

213Offence to impersonate authorised officer

214Protection against self-incrimination

215Legal professional privilege or client legal privilege

217Persons who are liable for offences

218Power to bring proceedings

219Evidentiary

220Recapture of person

221Regulations

Part 10—Miscellaneous

Division 1—Savings and transitional

222Repeals and Savings

225Transitional regulations

225AOrder specifying land, leases, licences and interests in land to be transferred to Secretary

225BVesting of land, leases, licences and interests in land in the Secretary

225CAction by Registrar of Titles

225DTaxes

225ELand etc. vests subject to encumbrances

226Community visitors

227Behaviour support plans

230Group homes

Division 2—Transitional provisions—Disability Amendment Act 2017

232Definitions

233Pre-existing complaints

234Information provisions

Division 3—Transitional provisions—Serious Offenders Act 2018

235Saving of orders continued in effect after commencement by Serious Offenders Act 2018

Division 4—Transitional provisions—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

236Declaration of residential service as a group home

237Behaviour support plans taken to be NDIS behaviour support plans

238Matters concerning persons subject to supervised treatment orders on becoming NDIS participants

239Supervised treatment orders

240Assessment orders

242Long Term Residential Program taken to be residential treatment facility

Division 5—Transitional provisions—Worker Screening Act 2020

243Definition

244Transfer of information to Secretary to the Department of Justice and Community Safety

245Continuation of safety screening requirements for notifications about persons providing services to NDIS participants

Division 6—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023

246Definition

247Authorised Program Officers

248Decisions as to disability

249Approval of accommodation

250Pending applications and requests

251Supervised treatment orders

252Treatment plans

253Guidelines, directions and standards

254Offences

255Regulated restrictive practices

256Behaviour support plans

257Public Advocate reports

258Security conditions

259Residential statements

261Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information

262Residential treatment facilities

263Secretary must assess existing long-term residents in residential treatment facilities

Division 7—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023—Residential tenancies

264Definition

265Supervised treatment orders and interim supervised treatment orders

266Pending applications

267Assessment orders

268Savings provisions—Division 2 of Part 5

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 051

Disability Act 2006

No. 23 of 2006

Version incorporating amendments as at

24 May 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to provide a legislative scheme for persons with a disability which affirms and strengthens their rights and responsibilities and which is based on the recognition this requires support across the government sector and within the community; and

(b)to provide a mechanism by which the rights of NDIS participants and DSOA clients are protected in relation to the use of restrictive practices and compulsory treatment.

2Commencement

(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 July 2007, it comes into operation on that day.

3Definitions

(1)In this Act—

accountability investigation means—

(a)an investigation under section 118; or

(b)an initiated investigation; or

(c)a referral investigation in which section 128I(4) applies; or

(d)a follow up investigation;

Australian Industrial Relations Commission means the body established by section 61 of the Workplace Relations Act 1996 of the Commonwealth, as in force before its repeal;

authorised officer—

(a)in Part 6, means a person appointed as an authorised officer by the Disability Services Commissioner under Division 8 of Part 6;

(b)other than in Part 6, means a person appointed as an authorised officer under section 207;

Authorised Program Officer means a person appointed as an Authorised Program Officer by a disability service provider or a registered NDIS provider and whose appointment is approved by the Senior Practitioner;

behaviour support plan means a plan developed for a person with a disability which specifies a range of strategies to be used in supporting the person's behaviour including proactive strategies to build on the person's strengths and increase their life skills;

benefit to the person means maximising a person's quality of life and increasing their opportunity for social participation;

carer has the same meaning as in the Carers Recognition Act 2012;

*                *                *                *                *

Commissioner for Privacy and Data Protection has the same meaning as Commissioner has in the Privacy and Data Protection Act 2014;

Commission for Children and Young People has the same meaning as Commission has in the Commission for Children and Young People Act 2012;

common area means any area in which facilities are provided for the use of residents otherwise than as part of the room which the resident occupies;

*                *                *                *                *

community visitor means a person appointed under section 28;

Community Visitors Board means the Board established under section 32;

complaint, in Division 5 of Part 6, means a complaint within the meaning of section 109;

compulsory treatment means treatment of a person who is—

(a)admitted to a residential treatment facility under an order specified in section 152(2); or

(b)subject to a supervised treatment order;

contracted service provider means a person who has entered into a contract with the Secretary under section 10 to provide services to a person with a disability;

*                *                *                *                *

Department means the Department of Families, Fairness and Housing;

detain, in Part 8, means a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another person and includes—

(a)physically locking a person in any premises; and

(b)constantly supervising or escorting a person to prevent the person from exercising freedom of movement;

developmental delay means a delay in the development of a child under the age of 6 years which—

(a)is attributable to a mental or physical impairment or a combination of mental and physical impairments; and

(b)is manifested before the child attains the age of 6 years; and

(c)results in substantial functional limitations in one or more of the following areas of major life activity—

(i)self-care;

(ii)receptive and expressive language;

(iii)cognitive development;

(iv)motor development; and

(d)reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated;

disability in relation to a person means—

(a)a sensory, physical or neurological impairment or acquired brain injury or any combination thereof, which—

(i)is, or is likely to be, permanent; and

(ii)causes a substantially reduced capacity in at least one of the areas of self-care, self‑management, mobility or communication; and

(iii)requires significant ongoing or long term episodic support; and

(iv)is not related to ageing; or

(b)an intellectual disability; or

(c)a developmental delay;

disability service means a service specifically for the support of persons with a disability which is provided by a disability service provider;

disability service provider means—

*                *                *                *                *

(b)a person or body registered to provide disability services under the Social Services Regulation Act 2021;

disability service provider providing residential services includes a disability service provider taken to be providing residential services under section 3A;

Disability Services Commissioner means the Disability Services Commissioner appointed under section 14 and includes the Acting Disability Services Commissioner appointed under section 15;

*                *                *                *                *

Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;

DSOA client means an older person—

(a)who is receiving supports under the Commonwealth Disability Support for Older Australians program or a prescribed program; and

(b)who is not an NDIS participant;

DSOA client's guardian means—

(a)the guardian of the DSOA client—

(i)appointed under the Guardianship and Administration Act 2019; or

(ii)appointed by the court; or

(b)the attorney of the DSOA client appointed to be responsible for the DSOA client's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;

exempt service provider means a disability service provider or a regulated service provider—

(a)who is prescribed as an exempt service provider; or

(b)who is of a class of disability service provider or regulated service provider that is prescribed as exempt service providers;

facilities means—

(a)land or buildings intended for use for storage space or car parking;

(b)laundry facilities;

(c)cooking facilities;

(d)recreational areas;

(e)garbage storage and disposal facilities;

(f)bathroom, toilet and washing facilities;

(g)appliances for heating or cooling premises;

(h)communications facilities;

(i)lawns, gardens and outhouses;

(j)stairways—

provided for the use of a resident otherwise than as a part of the room;

*                *                *                *                *

Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;

follow up investigation means an investigation under section 128R(1);

forensic disability service provider means a disability service provider that is prescribed to operate a residential treatment facility;

forensic resident has the same meaning as it has in section 3(1) of the Crimes (Mental Impairment and Unfitness
to be Tried) Act 1997;

former disability service provider means a person or body whose registration as a disability service provider has lapsed or has been revoked;

former regulated service provider means a person or body that has ceased to be a regulated service provider;

funded service provider means a person who—

(a)provides services to a person with a disability; and

(b)receives from the Secretary funding provided under section 9 for the purpose of providing those services;

*                *                *                *                *

Health Complaints Commissioner has the same meaning as Commissioner has in the Health Complaints Act 2016;

health information has the same meaning as in the Health Records Act 2001;

IBAChas the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

individual initiated investigation means an initiated investigation under section 128B(1)(b);

initiated investigation means an investigation under section 128B(1);

intellectual disability, in relation to a person over the age of 5 years, means the concurrent existence of—

(a)significant sub-average general intellectual functioning; and

(b)significant deficits in adaptive behaviour—

each of which became manifest before the age of 18 years;

leave of absence means temporary leave from a residential treatment facility under section 156 given to a resident in accordance with the resident's treatment plan;

mechanical restraint has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;

Mental Health and Wellbeing Commission means the Mental Health and Wellbeing Commission established by section 411 of the Mental Health and Wellbeing Act 2022;

*                *                *                *                *

Minister approved premises means a premises specified by the Minister under section 129AA;

Minister approved premises resident means—

(a)a person with a disability living in a Minister approved premises; or

(b)an NDIS participant living in a Minister approved premises; or

(c)a DSOA client living in a Minister approved premises;

NDIA has the same meaning as Agency has in the NDIS Act;

NDIS means the National Disability Insurance Scheme within the meaning of the NDIS Act;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS behaviour support plan means a plan developed by an NDIS behaviour support practitioner for an NDIS participant or a DSOA client;

NDIS behaviour support practitioner means a person whom the NDIS Commissioner considers is suitable to undertake behaviour support assessments and to develop NDIS behaviour support plans that may contain the use of restrictive practices;

NDIS Commissioner means the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the NDIS Act;

*                *                *                *                *

NDIS participant means a person who is a participant in the NDIS;

NDIS participant's guardian means—

(a)the NDIS participant's guardian—

(i)appointed under the Guardianship and Administration Act 2019; or

(ii)appointed by the court; or

(iii)if the NDIS participant is a child, the child's guardian, whether or not the natural parent of the child; or

(b)the attorney of the NDIS participant appointed to be responsible for the NDIS participant's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;

NDIS plan means a plan (other than an NDIS behaviour support plan) for an NDIS participant or a DSOA client that is in effect under section 37 of the NDIS Act;

NDIS provider has the same meaning as in the NDIS Act and includes registered NDIS providers;

NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

NDIS (Restrictive Practices and Behaviour Support) Rules means the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (however titled) of the Commonwealth, as in force from time to time, under the NDIS Act;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

notice to take action means a notice given by the Disability Services Commissioner under—

(a)section 119(1)(a) that specifies action to be taken under section 119(1)(c); or

(b)section 128F that specifies action to be taken under section 128G; or

(c)section 128N that specifies action to be taken;

*                *                *                *                *

Ombudsman means the Ombudsman appointed under the Ombudsman Act 1973;

person includes a body or association (corporate or unincorporate) and a partnership;

personal information has the same meaning as in the Privacy and Data Protection Act 2014;

physical restraint has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;

police officer has the same meaning as in the Victoria Police Act 2013;

Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

premises means a structure that is designed to be used for human habitation and the area outside that structure which is part of the property on which the premises is located and includes—

(a)the room occupied or to be occupied by a resident;

(b)any common area;

(c)any facilities;

prescribed service provider means a person—

(a)who provides services to a person with a disability specifically for the support of that person; and

(b)who is—

(i)prescribed for the purposes of this definition; or

(ii)of a class of service provider prescribed for the purposes of this definition;

primary service provider has the meaning given by section 3C;

prison has the same meaning as in the Corrections Act 1986;

Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;

referral investigation means an investigation under section 128I(1);

region has the same meaning as in the Supported Residential Services (Community Visitors) Act 2010;

*                *                *                *                *

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered NDIS provider has the same meaning as in the NDIS Act;

regulated disability service means any of the following—

(a)a service provided to a person with a disability by a contracted service provider;

(b)a service provided to a person with a disability by a funded service provider;

(c)a service provided to a person with a disability specifically to support that person by a prescribed service provider;

regulated restrictive practice has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;

regulated service provider means any of the following—

(a)a contracted service provider;

(b)a funded service provider;

(c)a prescribed service provider;

rent component means an amount for the use by a resident of the room, any common area and the premises;

resident means a person who receives disability services in a residential service;

resident's administrator means the resident's attorney appointed under an enduring power of attorney under the Powers of Attorney Act 2014 to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;

resident's guardian means—

(a)the resident's guardian—

(i)appointed under the Guardianship and Administration Act2019; or

(ii)appointed by the court; or

(iii)if the resident is a child, the child's guardian, whether or not the natural parent of the child; or

(b)the attorney of the resident appointed to be responsible for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;

residential charge means a charge comprising the rent component or both the rent component and the services component;

*                *                *                *                *

residential service means—

(a)residential accommodation—

(i)provided by, on behalf of, or by arrangement with, a disability service provider; and

(ii)provided as accommodation in which residents are provided with disability services; and

(iii)supported by rostered staff that are provided by a disability service provider; and

(iv)admission to which is approved by the Secretary; or

Example

A residential treatment facility or specialist forensic disability accommodation.

(b)prescribed accommodation; or

(c)accommodation provided by, on behalf of, or by arrangement with, a disability service provider that is approved by the Senior Practitioner under section 187;

residential treatment facility means a premises or program proclaimed to be a residential treatment facility under section 151;

residential treatment order has the same meaning as it has in section 3(1) of the Sentencing Act 1991;

Residents' Trust Fund means the Residents' Trust Fund continued under section 91;

restrictive practice means any practice or intervention that has the effect of restricting the rights or freedom of movement of a person with a disability or of an NDIS participant or a DSOA client;

RTO resident means a person who is subject to a residential treatment order;

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room means a room in a premises where the room is occupied or intended to be occupied by a person who has a right to occupy the room for the purpose of a residence together with a right to use in common with others common areas in the premises;

SDA dwelling has the same meaning as in section 498BA of the Residential Tenancies Act 1997;

SDA enrolled dwelling means a permanent dwelling—

(a)that provides long-term accommodation for one or more SDA residents; and

(b)that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth as in force from time to time or under other rules made under the NDIS Act; and

(c)that may comprise of—

(i)an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or

(ii)the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or

(iii)the dwelling as a whole occupied under a residential rental agreement (within the meaning of the Residential Tenancies Act 1997) by at least one SDA resident and other occupants who may or may not be SDA residents;

SDA provider has the same meaning as in the Residential Tenancies Act 1997;

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SDA residency agreement means an agreement entered into or established under section 498F of the Residential Tenancies Act 1997 between an SDA provider and an SDA resident in respect of an SDA dwelling;

SDA resident has the same meaning as in the Residential Tenancies Act 1997;

SDA resident's guardian means—

(a)the SDA resident's guardian—

(i)appointed under the Guardianship and Administration Act 2019; or

(ii)appointed by the court; or

(iii)if the SDA resident is a child, the child's guardian, whether or not the natural parent of the child; or

(b)the attorney of the SDA resident appointed to be responsible for the SDA resident's personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;

seclusion has the same meaning as in the NDIS (Restrictive Practices and Behaviour Support) Rules;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

security order means a security order made under section 166;

security resident means a person in respect of whom a security order is in force;

Senior Practitioner means the person appointed as the Senior Practitioner under section 23;

services component means an amount for whichever of the following service items are provided to a resident—

(a)utilities;

(b)communications including telephone;

(c)bedding and linen;

(d)food;

(e)general household consumable supplies;

(f)communal furnishings and whitegoods;

(g)household equipment and utensils;

(h)replacement of items specified in subparagraphs (b), (c), (e), (f), or (g) following wear and tear or accidental damage;

short-term accommodation dwelling means accommodation for an NDIS participant or a DSOA client—

(a)that is provided on a short-term basis and is not a private home; and

(b)at which a registered NDIS provider provides supports and living assistance to the NDIS participant or DSOA client;

Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;

special leave means leave from a residential treatment facility under section 157;

specialist forensic disability accommodation means accommodation determined by the Secretary to be specialist forensic disability accommodation under section 61B;

State Coroner has the same meaning as in the Coroners Act 2008;

supervised treatment means treatment used on a person with an intellectual disability under a supervised treatment order;

supervised treatment order means a civil order made in respect of a person with an intellectual disability under section 193;

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systemic initiated investigation means an initiated investigation under section 128B(1)(a);

treatment plan means a plan for the use of treatment on a person with a disability or an NDIS participant prepared under section 153, 167, 180(6) or 189;

urgent repairs means any work necessary to repair or remedy—

(a)a burst water service; or

(b)a blocked or broken lavatory system; or

(c)a serious roof leak; or

(d)a gas leak; or

(e)a dangerous electrical fault; or

(f)flooding or serious flood damage; or

(g)serious storm or fire damage; or

(h)a failure or breakdown of any essential service or appliance provided by a disability service provider for hot water, water, cooking, heating or laundering; or

(i)a failure or breakdown of the gas, electricity or water supply to a residential service; or

(j)an appliance, fitting or fixture provided by a disability service provider that uses or supplies water and that is malfunctioning in a way that results or will result in a substantial amount of water being wasted; or

(k)any fault or damage that makes a room or residential service unsafe or insecure; or

(l)a serious fault in a staircase; or

(m)any damage of a prescribed class;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

Victorian Disability Advisory Council means the Council established under section 11;

Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section21 of the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;

Victorian WorkCover Authority has the same meaning as Authority has in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013.

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3ADisability service provider taken to be providing residential services

A disability service provider is taken to be providing residential services in relation to accommodation that is provided by another person if the other person is providing the accommodation—

(a)on behalf of the disability service provider; or

(b)by arrangement with the disability service provider.

3BNDIS provider taken to be providing a residential service in certain circumstances

(1)This section applies if—

(a)a registered NDIS provider is using supervised treatment; and

(b)the accommodation provided to a person subject to a supervised treatment order obtained by the Authorised Program Officer for a registered NDIS provider is approved by the Senior Practitioner under section 187.

(2)For the purposes of Division 6 of Part 3, Division 1 of Part 5 and Division 7 of Part 6—

(a)the registered NDIS provider is taken to be a disability service provider; and

(b)the accommodation provided by, on behalf of, or by arrangement with, the registered NDIS provider is taken to be a residential service; and

(c)the person subject to the supervised treatment order is taken to be a resident.

Note

Part 8 imposes obligations on registered NDIS providers using compulsory treatment.

3CPrimary service providers

(1)Except as provided for under subsection (2), the primary service provider for a person is the disability service provider or registered NDIS provider providing the majority of support to the person within the person's accommodation.

(2)If a person receives an equal amount of support within the person's accommodation from 2 or more disability service providers or registered NDIS providers, the Senior Practitioner may appoint the person's primary service provider from amongst those providers.

(3)Despite subsection (1), in sections 186, 194A, 194B, 194C, 195, 196, 196A(1), 197 (except in relation to a hearing of an application under section 196A(4)), and 201, if a supervised treatment order has been made in respect of a person, the primary service provider for that person is the disability service provider or registered NDIS provider that appointed the Authorised Program Officer stated in the order as being responsible for the implementation of the order.

PART 2—OBJECTIVES AND PRINCIPLES

4Objectives of Act

The objectives of this Act are to—

(a)advance the inclusion and participation in the community of persons with a disability;

(b)promote a strategic whole of government approach in supporting the needs and aspirations of persons with a disability;

(c)facilitate the planning, funding and provision of services, programs and initiatives for persons with a disability;

(d)promote and protect the rights of persons accessing disability services;

(e)support the provision of high quality disability services;

(f)make disability service providers accountable to persons accessing those disability services;

(g)ensure the efficient and effective use of public funds in the provision of disability services;

(h)provide a process for authorising the proper use of restrictive practices on NDIS participants and DSOA clients;

(i)provide for appropriate compulsory treatment of NDIS participants.

5Principles

(1)Persons with a disability have the same rights and responsibilities as other members of the community and should be empowered to exercise those rights and responsibilities.

(2)Persons with a disability have the same right as other members of the community to—

(a)be given respect for their human worth and dignity as individuals;

(b)live free from abuse, neglect or exploitation;

(c)realise their individual capacity for physical, social, emotional and intellectual development;

(d)exercise control over their own lives;

(e)participate actively in the decisions that affect their lives and have information and be supported where necessary, to enable this to occur;

(f)access information and communicate in a manner appropriate to their communication and cultural needs;

(g)services which support their quality of life.

(3)Disability services and regulated disability services should—

(a)advance the inclusion and participation in the community of persons with a disability with the aim of achieving their individual aspirations;

(b)be flexible and responsive to the individual needs of persons with a disability;

(c)maximise the choice and independence of persons with a disability;

(d)be designed and provided in a manner that recognises different models of practice may be required to assist people with different types of disability and at different stages in their lives to realise their physical, social, emotional and intellectual capacities;

(e)enable persons with a disability to access services as part of their local community and foster collaboration, coordination and integration with other local services;

(f)as far as possible be provided in a manner so that a person with a disability need not move out of the person's local community to access the disability services required;

(g)be of high quality and provided by appropriately skilled and experienced staff who have opportunities for on-going learning and development;

(h)consider and respect the role of families, carers and other persons who are significant in the life of the person with a disability;

(i)acknowledge the important role families and carers have in supporting persons with a disability;

(j)acknowledge the important role families have in assisting their family member to realise their individual physical, social, emotional and intellectual capacities;

(ja)acknowledge the important role carers have in assisting the people they care for to realise their individual physical, social, emotional and intellectual capacities;

(k)where possible strengthen and build capacity of families and carers who are supporting persons with a disability;

(l)have regard for the needs of children with a disability and preserve and promote relationships between the child, their family and other persons (including carers) who are significant in the life of the child with a disability;

(m)be provided in a manner that respects the privacy and dignity of persons accessing the disability services;

(ma)be provided in a manner that promotes the upholding of the rights, dignity, wellbeing and safety of persons with a disability;

(mb)be provided in a manner that does not—

(i)tolerate abuse, neglect or exploitation of persons with a disability; or

(ii)normalise abuse, neglect or exploitation of persons with a disability;

(n)be provided in a way which reasonably balances safety with the right of persons with a disability to choose to participate in activities involving a degree of risk;

(o)have regard for any potential increased disadvantage which may be experienced by persons with a disability as a result of their gender, language, cultural or indigenous background or location;

(p)be designed and administered in a manner so as to ensure that persons with a disability have access to advocacy support where necessary to enable adequate decision making about the services they receive;

(q)be designed and provided in a manner which continues to reflect the role of the Secretary in providing and funding planning for persons with a disability;

(r)be accountable for the quality of those services and for the extent to which the rights of persons with a disability are promoted and protected in the provision of those services.

(3A)Restrictive practices used on NDIS participants and DSOA clients and the compulsory treatment of NDIS participants should be provided in a manner that—

(a)respects the privacy and dignity of those persons; and

(b)promotes the upholding of the rights, dignity, wellbeing and safety of those persons; and

(c)does not—

(i)tolerate abuse, neglect or exploitation of those persons; or

(ii)normalise abuse, neglect or exploitation of those persons.

(4)If a restriction on the rights or opportunities of a person with a disability, an NDIS participant or a DSOA client is necessary, the option chosen should be the option which is the least restrictive of the person as is possible in the circumstances.

(5)It is the intention of Parliament that the principles specified in this section should wherever possible be given effect to in the administration of this Act and the provision of disability services and regulated disability services.

(6)It is the intention of Parliament that the principles specified in subsections (3A) and (4) should wherever possible be given effect to in the administration of restrictive practices and compulsory treatment by registered NDIS providers.

6Persons with an intellectual disability

(1)The following principles apply specifically in respect of persons with an intellectual disability—

(a)persons with an intellectual disability have a capacity for physical, social, emotional and intellectual development;

(b)persons with an intellectual disability have the right to opportunities to develop and maintain skills and to participate in activities that enable them to achieve valued roles in the community;

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(e)services for persons with an intellectual disability should be designed and provided in a manner that ensures developmental opportunities exist to enable the realisation of their individual capacities;

(f)services for persons with an intellectual disability should be designed and provided in a manner that ensures that a particular disability service provider cannot exercise control over all or most aspects of the life of a person with an intellectual disability.

(2)The repeal of the Intellectually Disabled Persons' Services Act 1986 by this Act does not affect the responsibility of the Minister and the Secretary for the provision, management, development and planning of services for persons with an intellectual disability.

(3)For the purposes of determining whether or not a person over the age of 5 years has an intellectual disability—

(a)if a standardised measurement of intelligence is used to assess general intellectual functioning and it—

(i)indicates that the person has an intelligence not higher than 2 standard deviations below the population average, then the person must be taken to have significant sub-average general intellectual functioning;

(ii)indicates that the person has an intelligence not lower than 2 standard deviations below the population average, then the person must be taken not to have significant sub-average general intellectual functioning;

(iii)is inconclusive as to whether or not the person has an intelligence higher or lower than 2 standard deviations below the population average, then the Secretary may take into account other indicators of general intellectual functioning in determining whether or not the person has significant sub-average general intellectual functioning;

(b)if a standardised measurement of adaptive behaviour is used to assess adaptive behaviour and it indicates a score at or below the second percentile of people of the same age and cultural group, then the person must be taken to have significant deficits in adaptive behaviour.

(4)In applying a standardised measurement of intelligence for the purposes of subsection (3)(a), the Secretary must consider the test result within the 95% confidence level as determined by the standard error of measurement of the test.

(5)Nothing in subsection (3) requires the Secretary to use a standardised measurement in the assessment of intellectual disability.

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(8)Part 8 provides for persons with an intellectual disability who require compulsory treatment.

(9)If the Secretary is satisfied that a person has an intellectual disability, the Secretary may for the purposes of any Act or regulation provide a statement that a person has an intellectual disability within the meaning of this Act.

7Provision of advice, notification or information under this Act

(1)The contents of any advice, notice or information given or provided to a person with a disability, an NDIS participant or a DSOA client under this Act must be explained by the person giving the advice, notice or information to the maximum extent possible to the person in the language, mode of communication and terms which that person is most likely to understand.

(2)An explanation given under subsection (1) must where reasonable be given both orally and in writing.

(3)If a person with a disability, an NDIS participant or a DSOA client appears to be incapable of reading and understanding information provided under this Act, a disability service provider or an NDIS provider, as the case requires, must use reasonable endeavours to convey the information to the person in the language, mode of communication or terms which the person is most likely to understand.

(4)For the purposes of subsection (3), the disability service provider or NDIS provider, as the case requires, may give a copy of the advice, notice or information—

(a)to a family member, carer, guardian, advocate or other person chosen by the person with a disability, NDIS participant or DSOA client; or

(b)in the case of a person with a disability, if no person is chosen under paragraph (a), to a person who the disability service provider considers can assist the person with a disability and is not employed by, or a representative of, the disability service provider; or

(c)in the case of an NDIS participant or a DSOA client, if no person is chosen under paragraph (a), to a person who the NDIS provider considers can assist the NDIS participant or the DSOA client and is not employed by, or a representative of, the NDIS provider.

PART 3—ADMINISTRATION

Division 1—The Secretary

8Role and functions of the Secretary

(1)For the purposes of this Act, the role of the Secretary is to—

(a)plan, develop, provide and fund or purchase comprehensive services, programs and initiatives for persons with a disability;

(b)provide and fund programs and initiatives that facilitate persons with a disability exercising their rights and meeting their responsibilities in the community;

(c)collect and analyse data for the purpose of enabling the Secretary to achieve the objectives and perform the functions specified in this Act, including complying with reporting requirements for the purposes of this Act;

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(d)subject to the general direction and control of the Minister, administer this Act in accordance with the objectives and principles specified in this Act.

(2)Without limiting the generality of subsection (1), the Secretary has the following functions—

(a)to promote awareness and understanding of disability within the community;

(b)to advance the inclusion and participation of persons with a disability in the community;

(c)to develop policies for disability services provided by the Secretary, contracted service providers and funded service providers;

(d)to develop and publish criteria to enable priority of access to disability services provided by the Secretary, contracted service providers and funded service providers to be determined in a fair manner;

(e)to determine priorities in relation to policy development, resource allocation and the provision of disability services provided by the Secretary, contracted service providers and funded service providers;

(f)to monitor, evaluate and review disability services provided by the Secretary, contracted service providers and funded service providers;

(g)to promote the quality of disability services provided by the Secretary, contracted service providers and funded service providers;

(h)to promote the establishment of appropriate training courses and the availability of on‑going training for persons employed in the provision of disability services;

(i)to foster collaboration, coordination and integration in the provision to persons with a disability of disability services with other local services;

(j)to make recommendations and reports to the Minister with respect to matters relating to persons with a disability, NDIS participants and DSOA clients and to advise the Minister on the operation of this Act.

9Power of Secretary to provide funds

(1)Subject to the approval of the Minister and having regard to the objectives and principles specified in this Act, the Secretary may allocate funds out of money available for the purpose to persons including municipal councils and non-government organisations.

(2)The Secretary may allocate funds under subsection (1) to be used for the purposes and subject to the conditions considered by the Secretary to be appropriate.

(3)Funds under subsection (1) may be provided to a person who has entered into a contract with the Secretary whether under section 10 or under any other Act provided that the contract requires that the funds provided under subsection (1) must be used for the purposes specified under subsection (2).

10Power of Secretary to enter into contracts

(1)Without limiting the powers conferred on the Secretary whether under this or any other Act, the Secretary may, on behalf of the Crown, enter into a contract with a person for the provision of goods or services—

(a)to persons with a disability; or

(b)that relate to the administration of this Act.

(2)A contract under this section—

(a)remains in force for the period specified in the contract;

(b)may contain any conditions, requirements or other provisions that are not inconsistent with this Act.

10ASecretary's powers in relation to land

(1)The Secretary may, on behalf of the Crown and for the purposes of this Act or for the purposes of being an SDA provider—

(a)acquire, hold or dispose of land; and

(b)otherwise deal with any land held by the Secretary.

(2)Any acquisition or disposition of or other dealing with land by the Secretary under this Act on behalf of the Crown must be made in the name of the "Secretary to the Department of Families, Fairness and Housing".

(3)Without limiting subsections (1) and (2), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary to the Department of Human Services", "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing" by any person who previously held, acted in or performed the duties of, the office of Secretary.

(4)The Secretary may, on behalf of the Crown, dispose of land or deal with an interest in land held by the Secretary with or without consideration for the purposes of providing services under this Act or the NDIS Act (including residential services or specialist disability accommodation).

10BCommittee of management

(1)The Secretary may be a committee of management under the Crown Land (Reserves) Act 1978 under the name "Secretary to the Department of Families, Fairness and Housing".

(2)On and after the day on which Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of "Secretary to the Department of Families, Fairness and Housing".

10CRecord of dealings

(1)If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the Registrar of Titles of the acquisition must be in the name of the "Secretary to the Department of Families, Fairness and Housing" as registered proprietor.

(2)If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of Human Services", "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing", any recording in the Register by the Registrar of Titles must be made in the name of "Secretary to the Department of Human Services", "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing".

(3)If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Families, Fairness and Housing".

(4)To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land.

(5)Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act—

(a)is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and

(b)is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.

10DSecretary's powers in relation to intellectual property

The Secretary may, on behalf of the Crown—

(a)acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);

(b)assign, grant, lease, licence, sell or dispose of, any intellectual property right;

(c)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;

(d)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.

Division 2—The Victorian Disability Advisory Council

11Victorian Disability Advisory Council

(1)There is established a body to be known as the Victorian Disability Advisory Council.

(2)The Victorian Disability Advisory Council is to consist of not less than 8 members and not more than 14 members as may be appointed by the Minister.

(3)The Minister must ensure that members of the Victorian Disability Advisory Council are appointed from persons who—

(a)reflect the diversity of persons with a disability; and

(b)reflect the cultural and indigenous backgrounds of persons with a disability; and

(c)have appropriate skills, knowledge and experience in matters relevant to persons with a disability, including children with a disability; and

(d)in so far as is possible have personal experience of disability.

(4)The Minister must ensure that a majority of the members of the Victorian Disability Advisory Council are persons with a disability.

(5)The Minister must appoint one of the members to be the chairperson of the Victorian Disability Advisory Council.

12Functions of the Victorian Disability Advisory Council

(1)The functions of the Victorian Disability Advisory Council are to—

(a)provide advice to the Minister in respect of—

(i)whole of government policy directions and strategic planning and the implementation of initiatives for persons with a disability;

(ii)the barriers to full inclusion and participation in the community of persons with a disability and the strategies for the removal of those barriers;

(iii)any matter relating to disability referred to the Victorian Disability Advisory Council by the Minister;

(b)effectively communicate with persons with a disability, the Government of Victoria and the community;

(c)raise community awareness of the rights of persons with a disability and of the role of government, the business sector and the community in promoting those rights;

(d)consult and work with other disability advisory councils or bodies whether at a national, state or local government level;

(e)monitor the implementation of strategies for promoting inclusion and participation in the community of persons with a disability and for removing barriers to inclusion and participation.

(2)The Victorian Disability Advisory Council must report annually to the Minister on the performance of its functions.

13Provisions applying to the Victorian Disability Advisory Council

(1)A member of the Victorian Disability Advisory Council—

(a)holds office for the period, not exceeding 3 years, as is specified in the instrument of appointment but, subject to paragraph (b), is eligible for re-appointment;

(b)can not hold office for more than 2 consecutive terms;

(c)holds office on the terms and conditions specified in the instrument of appointment;

(d)is entitled to receive the remuneration and allowances as are fixed by the Governor in Council for the purposes of this section;

(e)may resign from the office of member by notice in writing delivered to the Minister;

(f)may be removed from the office of member by the Minister in accordance with subsection (2);

(g)is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).

(2)The Minister may remove a member of the Victorian Disability Advisory Council from the office of member if—

(a)the member is unable to perform the duties of office because of illness or absence from Victoria;

(b)in the opinion of the Minister the member has misbehaved, neglected the duties of the office or is incompetent;

(c)the member is or becomes bankrupt;

(d)the Minister is of the opinion that any other act or omission of the Member has adversely affected the operation of the Victorian Disability Advisory Council.

(3)A majority for the time being of the members of the Victorian Disability Advisory Council constitutes a quorum of the Victorian Disability Advisory Council.

(4)The Victorian Disability Advisory Council must keep minutes of its meetings.

(5)Subject to the regulations, the Victorian Disability Advisory Council may regulate its own proceedings.

Division 3—The Disability Services Commissioner

14Disability Services Commissioner

(1)There shall be a Disability Services Commissioner.

(2)The Disability Services Commissioner is to be appointed by the Governor in Council.

(3)The Disability Services Commissioner is to hold office for a term, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re-appointment.

(4)The Governor in Council may specify other terms and conditions of appointment in the Disability Services Commissioner's instrument of appointment.

(5)The Disability Services Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.

(6)The Disability Services Commissioner is, in respect of that office, not subject to the Public Administration Act 2004.

(7)If immediately before their appointment, the Disability Services Commissioner was an officer within the meaning of the State Superannuation Act 1988, then while they are Disability Services Commissioner, they continue, subject to that Act, to be an officer within the meaning of that Act.

15Acting Disability Services Commissioner

(1)The Governor in Council may appoint a person to be the Acting Disability Services Commissioner—

(a)during a vacancy in the office of Disability Services Commissioner; or

(b)during any period when the Disability Services Commissioner is absent or, for any reason, is unable to perform the functions of the Disability Services Commissioner.

(2)An acting appointment is for the period and on any other terms and conditions determined by the Governor in Council.

(3)The Acting Disability Services Commissioner is entitled to receive any remuneration or allowances from time to time fixed by the Governor in Council.

(4)While acting in the place of the Disability Services Commissioner, the Acting Disability Services Commissioner has all the powers, functions and duties of the Disability Services Commissioner.

(5)The Acting Disability Services Commissioner is, in respect of that office, not subject to the Public Administration Act 2004.

(6)This section does not affect the operation of section 110 of the Public Administration Act 2004.

16Functions of the Disability Services Commissioner

(1)The functions of the Disability Services Commissioner are to—

(a)to investigate complaints relating to disability services and regulated disability services;

(b)review and identify the causes of complaints and to suggest ways of removing and minimising those causes;

(ba)review and identify the causes of abuse and neglect in the provision of disability services and regulated disability services to persons with a disability and suggest ways of removing and minimising those causes;

(c)provide advice, inquire into or investigate matters referred by the Minister or the Secretary;

(ca)to conduct investigations into the provision of services to persons with a disability as specified in this Act;

(d)conciliate where a complaint has been made in relation to a disability service provider or a regulated service provider;

(e)take steps to publish and make available in an accessible manner details of complaints procedures and procedures for accountability investigations;

(f)maintain a record of all complaints received and investigations conducted by the Disability Services Commissioner;

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(h)consider ways of improving disability services complaints systems or complaints systems of regulated service providers;

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(k)develop programs for persons in the handling of complaints;

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(m)subject to the approval of the Minister, to initiate inquiries into—

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(ii)broader issues concerning services for persons with a disability arising out of complaints received;

(n)provide education and information about the prevention of conduct that leads to complaints and about the resolution of complaints relating to the provision of disability services and regulated disability services;

(o)provide education and information about responding to allegations of abuse and neglect in the provision of disability services and regulated disability services;

(oa)provide education and information about the prevention of abuse and neglect in the provision of disability services and regulated disability services;

(p)conduct research into—

(i)complaints relating to the provision of disability services and regulated disability services; and

(ii)mechanisms for resolving complaints relating to the provision of disability services and regulated disability services;

(pa)conduct research into—

(i)abuse and neglect in the provision of disability services and regulated disability services; and

(ii)mechanisms for preventing abuse and neglect in the provision of disability services and regulated disability services;

(q)perform any other functions specified in this Act.

(2)The functions of the Disability Services Commissioner referred to in subsection (1)(a) to (f) continue to apply in relation to a former disability service provider or former regulated service provider to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.

17Powers of the Disability Services Commissioner

(1)In performing functions under this Act, the Disability Services Commissioner may do any of the following—

(a)consult with any persons or bodies which the Disability Services Commissioner considers appropriate;

(b)develop, and suggest ways of implementing, procedures for—

(i)dealing with complaints relating to disability services or regulated disability services; and

(ia)preventing and responding to abuse and neglect of persons with a disability receiving disability services or regulated disability services; and

(ii)making existing procedures more effective;

(c)provide advice to complainants of alternative means for dealing with complaints;

(d)provide advice generally on any matter with respect to complaints to—

(i)disability service providers and regulated service providers; and

(ii)complainants; and

(iii)the Minister; and

(iv)the Secretary;

(da)provide advice generally on any matter with respect to accountability investigations and the prevention and response to abuse and neglect to—

(i)disability service providers and regulated service providers; and

(ii)persons with a disability; and

(iii)the Minister; and

(iv)the Secretary;

(e)encourage disability service providers and regulated service providers to distribute, display or make available material and information produced by the Disability Services Commissioner about the resolution of complaints;

(f)seek information about the working of the complaints system and about any systems in place to prevent and respond to abuse and neglect from the following—

(i)disability service providers;

(ii)regulated service providers;

(iii)users of services provided by disability service providers or regulated service providers;

(g)anything necessary or convenient to be done for or in connection with the performance of those functions.

(2)Subject to subsection (3), on and from the commencement day, this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies to a supervised treatment order or an interim supervised treatment order that is in force immediately before the commencement day.

(3)A supervised treatment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.

252Treatment plans

(1)If immediately before the commencement day a treatment plan is in force for a person—

(a)who is subject to a supervised treatment order; or

(b)in respect of whom an application for a supervised treatment order has been made—

on and from the commencement day, that treatment plan is taken to be the person's treatment plan under section 189 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(2)If immediately before the commencement day a treatment plan to which an NDIS behaviour support plan is attached is in force for an NDIS participant—

(a)who is subject to a supervised treatment order; or

(b)in respect of whom an application for a supervised treatment order has been made—

on and from the commencement day the treatment plan and the NDIS behaviour support plan are together taken to be the NDIS participant's treatment plan under section 189 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

253Guidelines, directions and standards

(1)On and from the commencement day, any directions issued under section 135(6) or 186(6) before the commencement day are taken to be directions issued under section 132ZO as amended by the Disability and Social Services Regulation Amendment Act 2023.

(2)On and from the commencement day, any guidelines or directions issued under section 132ZY, 147A or 150 before the commencement day are taken to be guidelines or directions (as the case requires) issued under section 146 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(3)On and from the commencement day, any guidelines, directions or standards issued under section 201FA, 201H or 201I before the commencement day are taken to be guidelines, directions or standards (as the case requires) issued under section 201H as substituted by the Disability and Social Services Regulation Amendment Act 2023.

254Offences

If an offence against this Act is alleged to have been committed between 2 dates, one before and one after the commencement day, the offence is alleged to have been committed before the commencement day.

255Regulated restrictive practices

(1)If immediately before the commencement day an authorisation under section 132ZR(1) for the use of a regulated restrictive practice is in force, on and from the commencement day that authorisation is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(2)If immediately before the commencement day a behaviour support plan is in force that includes the approved use of a regulated restrictive practice under section 145, on and from the commencement day that approval is taken to be an authorisation for the use of the regulated restrictive practice under section 136 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(3)If immediately before the commencement day an approval under section 132ZV or 145A is in force, on and from the commencement day that approval is taken to be an approval for the use of the regulated restrictive practice under section 143 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

(4)Subject to subsection (5), if immediately before the commencement day a person could apply to VCAT for a review of a decision under section 132ZW or 146, on and from the commencement day—

(a)the decision to be reviewed is taken to be a decision under section 136 or 143 (as the case requires) as substituted by the Disability and Social Services Regulation Amendment Act 2023; and

(b)the person may apply for a review of that decision under section 144 as substituted by that Act.

(5)The person must apply for a review under subsection (4) within 28 days after the day on which the person is notified of the decision.

(6)On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of an application under section 132ZW or 146 that is before VCAT immediately before the commencement day.

256Behaviour support plans

If immediately before the commencement day a behaviour support plan is in place under section 141, on and from the commencement day that plan is taken to be a behaviour support plan under section 138 as substituted by the Disability and Social Services Regulation Amendment Act 2023.

257Public Advocate reports

If a report is made under section 132ZS(4) or 143(2) before the commencement day, on and from the commencement day—

(a)in the case of a report made more than 28 days before the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of the report; or

(b)in the case of a report made within 28 days before the commencement day, this Act as amended by the Disability and Social Services Regulation Amendment Act 2023 applies in respect of the report.

258Security conditions

(1)This section applies if, immediately before the commencement day, a security condition that is a restrictive practice was imposed on the residents of a residential treatment facility under section 159(1).

(2)Despite section 159A, the approval of the security condition by the Secretary is not required until 30 days after the commencement day.

259Residential statements

On and from the commencement day, this Act as in force immediately before the commencement day continues to apply in respect of a residential statement that is in effect immediately before the commencement day until the earlier of the following—

(a)the end of the period to which the residential statement relates specified under section 57(2)(a);

(b)the day that is 12 months after the commencement day.

*                *                *                *                *

261Disability and Social Services Regulation Amendment Act 2023—use and disclosure of information

On and from the day Subdivision 3 of Division 2 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, Part 8A applies to any protected information collected before that day that is disclosed, used or transferred after that day.

262Residential treatment facilities

(1)If immediately before the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation a residential treatment facility is classified as a short-term residential treatment facility or a long-term residential treatment facility, on and from that day the facility is taken to be a residential treatment facility without further classification.

(2)The facility operated by the Secretary immediately before the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation known as the Intensive Residential Treatment Program of the Statewide Forensic Service is taken, on and from that day, to be a residential treatment facility without further classification.

263Secretary must assess existing long-term residents in residential treatment facilities

(1)If a person has been admitted to a residential treatment facility for a period of 5 or more years as at the day on which Part 3 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation, the Secretary, within 12 months of that day, must assess the person's circumstances to determine whether the person continues to meet the criteria under section 152(1) (as amended by Part 3 of the Disability and Social Services Regulation Amendment Act 2023) for admission to the facility.

(2)If the Secretary determines under subsection (1) that the person does not meet the relevant criteria, the Secretary may, if the person is subject to an order specified in section 152(2), allow the person to continue to reside at the residential treatment facility—

(a)for a period of up to 6 months from the day of the determination; or

(b)if the person is subject to a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requiring the person to be detained at the facility, until the order is varied.

(3)If the Secretary allows the person to continue to reside at the residential treatment facility under subsection (2), the Secretary must notify the person, body or court who made the order requiring the person to reside at the facility of that matter.

Division 7—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023—Residential tenancies

264Definition

In this Division—

commencement day means the day on which Division 2 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.

265Supervised treatment orders and interim supervised treatment orders

(1)This section applies to a person if, immediately before the commencement day—

(a)the person is subject to a supervised treatment order or an interim supervised treatment order; and

(b)the person resides in a residential service that is a group home or an SDA enrolled dwelling.

(2)On and from the commencement day—

(a)the supervised treatment order or interim supervised treatment order is taken to comply with section 193(3)(b); and

(b)the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who is specified in the order or, in the case of an interim supervised treatment order, who applied for the order is taken to be the primary service provider for the person subject to the order.

266Pending applications

(1)This section applies if, immediately before the commencement day—

(a)an application for a supervised treatment order or an interim supervised treatment order is before VCAT; and

(b)the person in respect of whom the application is made resides in a residential service that is a group home or an SDA enrolled dwelling.

(2)On and from the commencement day—

(a)the application is taken to be an application made in accordance with section 191; and

(b)the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the order is taken to be the primary service provider for the person in respect of whom the application is made.

(3)On and from the commencement day, for the purposes of the application, a certificate given by the Senior Practitioner under section 191(3) as in force immediately before the day on which Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation—

(a)is taken to be a certificate under section 191A(1); and

(b)is taken to relate to accommodation of a type specified in section 191(1)(b).

267Assessment orders

(1)This section applies if, immediately before the commencement day, an assessment order is in force in respect of a person who resides in a residential service that is a group home or an SDA enrolled dwelling.

(2)On and from the commencement day—

(a)the assessment order is taken to enable the person in respect of whom the order is made to be detained in an SDA dwelling to enable a treatment plan to be prepared for that person; and

(b)the disability service provider or registered NDIS provider that appointed the Authorised Program Officer who applied for the assessment order is taken to be the primary service provider for the person in respect of whom the order is made.

(3)An assessment order made in respect of a person before the commencement day continues in force until the order expires or is revoked.

268Savings provisions—Division 2 of Part 5

(1)Despite the repeal of Division 2 of Part 5 by the Disability and Social Services Regulation Amendment Act 2023, that Division as in force immediately before that repeal continues to apply to a notice, possession order or warrant of possession specified in subsection (2) that was given or obtained before the commencement day.

(2)For the purposes of subsection (1), the following are specified—

(a)a notice of increase given under section 66;

(b)a notice of temporary relocation given under section 74;

(c)a notice to vacate given under section 76;

(d)a notice of intention to vacate given under section 80;

(e)a notice of withdrawal given under section 81;

(f)a possession order made under section 84; 

(g)a warrant of possession issued under section 85.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 1 March 2006

Legislative Council: 4 April 2006

The long title for the Bill for this Act was "to enact a new legislative scheme for persons with a disability, to repeal the Intellectually Disabled Persons' Services Act 1986 and the Disability Services Act 1991, to amend certain other Acts and for other purposes."

The Disability Act 2006 was assented to on 16 May 2006 and came into operation as follows:

Sections 1, 2 on 17 May 2006: section 2(1); rest of Act on 1 July 2007: section 2(3).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Disability Act 2006 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 241(4) inserted on 1.7.19 by No. 19/2019 s. 125: Special Gazette (No. 254) 25.6.19 p. 1; s. 260(4) inserted on 24.5.23 by No. 9/2023 s. 84: s. 2(1)
Note:	S. 241(4) repealed s. 241 on 1.7.21; s. 260(4) repealed s. 260 on 24.5.25
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 26) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Health Professions Registration Amendment Act 2007, No. 25/2007

Assent Date:	26.6.07
Commencement Date:	S. 34 on 27.6.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 16), (Sch. Pt 2 item 19) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009

Assent Date:	1.12.09
Commencement Date:	S. 10 on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009

Assent Date:	15.12.09
Commencement Date:	S. 219(Sch. 3 item 1) on 1.1.10: Government Gazette 24.12.09 p. 3397
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 19) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 11 on 23.6.10; ss 7–10, 12 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 28) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Serious Sex Offenders (Detention and Supervision) Amendment Act 2011, No. 83/2011

Assent Date:	21.12.11
Commencement Date:	S. 18 on 1.3.12: Special Gazette (No. 45) 21.2.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Carers Recognition Act 2012, No. 10/2012

Assent Date:	20.3.12
Commencement Date:	S. 14 on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 11) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Disability Amendment Act 2012, No. 22/2012

Assent Date:	8.5.12
Commencement Date:	Ss 4–83 on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 8) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013

Assent Date:	13.3.13
Commencement Date:	S. 55 on 14.3.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Disability Amendment Act 2013, No. 75/2013

Assent Date:	17.12.13
Commencement Date:	18.12.13: s. 2
CurrentState:	All of Act in operation

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 35) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 45) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 146 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Powers of Attorney Act 2014, No. 57/2014

Assent Date:	26.8.14
Commencement Date:	S. 151 on 1.9.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 12) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 12, 13 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 14) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 93 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 169, 170 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date:	29.11.16
Commencement Date:	S. 156 on 12.3.18: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017

Assent Date:	28.2.17
Commencement Date:	S. 15 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 6) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	S. 35 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Disability Amendment Act 2017, No. 33/2017

Assent Date:	15.8.17
Commencement Date:	Ss 4–32 on 16.8.17: s. 2
CurrentState:	This information relates only to the provision/s amending the Disability Act 2006

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	S. 48 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Oaths and Affirmations Act 2018, No. 6/2018[2]

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 40) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	Ss 351(Sch. 4 cl. 20), 358 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Disability Service Safeguards Act 2018, No. 38/2018

Assent Date:	28.8.18
Commencement Date:	Ss 311–314 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 12) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	Ss 4–17 on 26.6.19: s. 2(1); ss 18–125 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; s. 145(1)−(3) on 2.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 126–144, 145(4), 146 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 23.3) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 23.1, 23.2) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 193−196 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Social Services Regulation Act 2021, No. 37/2021 (as amended by Nos 40/2022, 9/2023)

Assent Date:	21.9.21
Commencement Date:	Ss 353(1)–(3), 354–358, 360A, 361–369, 390 on 1.7.24: s. 2(2); s. 353(4) never proclaimed, repealed by No. 9/2023 s. 247; s. 359 never proclaimed, repealed by No. 9/2023 s. 249; s. 360 never proclaimed, repealed by No. 9/2023 s. 260(1)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 88 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 72 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	S. 821 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	Ss 3–84 on 24.5.23: s. 2(1); ss 103–107 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1; ss 85–102, 108–131 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Disability Act 2006

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3   Explanatory details

[1] Section 128 (repealed): The amendment proposed by section 35 of the Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 (repealed) is not included in this publication due to the earlier repeal of section 128 by section 27 of the Disability Amendment Act 2017, No. 33/2017 (repealed).

Section 35 read as follows:

35Disability Act 2006

At the foot of sections 36 and 128 of the Disability Act 2006 insert—

"Note

See also Part 5A of the Family Violence Protection Act 2008 in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.".

[2] Table of Amendments (Oaths and Affirmations Act 2018): The amendment proposed by section 68(Schedule 2 item 40) of the Oaths and Affirmations Act 2018, No. 6/2018 is not included in this publication due to the earlier repeal of section 124 by section 23 of the Disability Amendment Act 2017, No. 33/2017 (repealed).

Section 68(Schedule 2 item 40) read as follows:

Schedule 2—Further consequential amendments

40Disability Act 2006

40.1In section 124(5), after "oath or" insert "by".