Disability and Social Services Regulation Amendment Act 2023 (Vic)

Disability and Social Services Regulation Amendment Act 2023

No. 9 of 2023

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Disability Act 2006

Division 1—Amendment of Disability Act 2006

3Purposes

4Definitions

5New section 3B inserted

6New section 3C inserted

7Objectives of Act

8Principles

9Persons with an intellectual disability

10Provision of advice, notification or information under this Act

11Role and functions of the Secretary

12Power of Secretary to enter into contracts

13Secretary's powers in relation to land

14Committee of management

15Record of dealings

16Disability Services Commissioner

17Functions of the Disability Services Commissioner

18Division 4 of Part 3 repealed

19Functions of the Senior Practitioner

20Power of Senior Practitioner to delegate

21Provision of staff and contractors

22Special powers of the Senior Practitioner

23Functions of a community visitor in respect of NDIS dwellings

24New section 30B inserted

25Reports by community visitors

26Request for disability services

27Section 50 substituted and new section 50A inserted

28Purpose and application of Part

29Residential statement

30Duties of disability service provider providing residential services

31Duties of residents

32Entry to a resident's room

33New sections 61A and 61B inserted

34Offences relating to interference with rights

35New section 129AA inserted

36Visiting of residential service or NDIS dwelling

37Powers of inspection

38New section 131B inserted

39Record of visits

40Heading to Part 6A amended

41Section 132ZI substituted

42Section 132ZJ amended

43Section 132ZL amended

44Section 132ZM amended

45Application for review of appointment decision

46Senior Practitioner may issue directions

47Part 6B repealed and Part 7 substituted

48Restrictions on liberty or freedom of movement

49Authorised Program Officer must prepare treatment plan

50Security conditions

51New section 159A inserted

52Appeals regarding extended leave

53Appeals regarding revocation of extended leave

54Preparation of treatment plan

55Certain disability service providers not required to comply with Division

56Sections 185 to 191 substituted and new sections 191A, 191B and 191C inserted

57Heading to section 192 amended

58Supervised treatment order for persons with a disability and NDIS participants

59Application by the Public Advocate

60New sections 194A, 194B and 194C inserted

61Supervision of supervised treatment order

62Application for review, variation or revocation

63Section 196A substituted

64Application for rehearing

65Senior Practitioner may make assessment order

66Apprehension of person subject to a supervised treatment order absent without approval

67Heading to Division 6 of Part 8 amended

68Purpose and application of Division

69Use of restrictive practices

70Section 201C substituted

71Use of regulated restrictive practices

72Reports

73Section 201FA repealed

74Section 201G substituted

75Section 201H substituted

76Section 201I substituted

77Division 7 of Part 8 repealed

78Delegation

79Provision of staff services

80Production of identity card

81Offence to impersonate authorised officer

82Persons who are liable for offences

83Power to bring proceedings

84New Division 6 of Part 10 inserted

Division 2—Further amendment of Disability Act 2006

Subdivision 1—Residential tenancies

85Definitions

86Special powers of the Senior Practitioner

87Functions of a community visitor in respect of NDIS dwellings

88Reports by community visitors

89Purpose and application of Part

90Division 2 of Part 5 repealed

91Visiting of residential service or NDIS dwelling

92Powers of inspection

93Request to see a community visitor—NDIS residents in NDIS dwelling

94Record of visits

95Application for supervised treatment order

96Regulations

97New Division 7 of Part 10 inserted

Subdivision 2—Secretary's powers and functions

98Role and functions of the Secretary

99Power of Secretary to give directions

100Further powers of Secretary

101Special powers of Secretary

102Powers of authorised officers

Subdivision 3—Information sharing

103Information systems and disclosure, use and transfer of information

104Section 39A repealed

105New Part 8A inserted

106Regulations

107New section 261 inserted

Part 3—Further amendment of Disability Act 2006

108Definitions

109Disability service provider must provide information

110Proclamation of residential treatment facility

111Admission to a residential treatment facility

112New section 152A inserted

113New section 152B inserted

114Authorised Program Officer must prepare treatment plan

115Annual review of treatment plan

116Application for review of treatment plan

117Leave of absence

118Special leave

119Suspension of leave of absence or special leave

120Security conditions

121Apprehension of resident absent without leave

122Extended leave

123Appeals regarding extended leave

124Suspension and revocation of extended leave

125Appeals regarding revocation of extended leave

126Preparation of treatment plan

127Annual review of security order and treatment plan

128Application for review of treatment plan

129Death of security resident

130Regulations

131New sections 262 and 263 inserted

Part 4—Amendment of Disability Service Safeguards Act 2018 and Residential Tenancies Act 1997

Division 1—Amendment of Disability Service Safeguards Act 2018

132Application for registration

133Section 152 substituted

134Unsuitability to hold general registration

135Unsuitability to hold limited registration

136Unsuitability to hold non-practising registration

137Annual statement

138Other records to be kept by Board

139NDIS worker screening check

140New Part 18 inserted

Division 2—Amendment of Residential Tenancies Act 1997

Subdivision 1—Residential tenancies

141Definitions

142Definitions

143New section 498BA inserted

144New section 498DAA inserted

145Purpose of Division

146Notice of temporary relocation

147Notice to vacate by SDA provider

148Definitions

149Prohibition on letting premises used for SDA enrolled dwelling after notice

150New Schedule 3 inserted

Subdivision 2—Notification of Public Advocate

151Notice of temporary relocation

152Notice to vacate by SDA provider

153Notice to vacate by mortgagee

Subdivision 3—Consequential amendments

154Purposes

155Definitions

156Health or residential services

157Residential rental agreements to be in standard form

158Copy of agreement to be made available to renter

159Jurisdiction of Tribunal

160Further functions of Director in relation to SDA enrolled dwellings

161Referral of matter to another person or body

162Definitions

163When does Part not apply to occupation of SDA enrolled dwelling

164Information statement required to be given to SDA resident

165Explanation of Tribunal orders

166Agreement for provision of SDA enrolled dwelling

167Copy of SDA residency agreement to be made available to SDA resident

168Content of SDA residency agreement

169Restriction on use of personal information provided by applicants for SDA enrolled dwellings

170Information that SDA provider must disclose before entering SDA residency agreement

171Misleading or deceptive conduct inducing a person to enter an SDA residency agreement

172Duties of SDA provider

173Duties of SDA resident

174Application to Director to investigate need for non‑urgent repairs

175What can the Tribunal order?

176Purpose of Division

177Entry of SDA enrolled dwelling

178Grounds for entry of SDA enrolled dwelling

179Manner of entry

180What must be in a notice of entry?

181SDA resident has duty to permit entry

182What if damage is caused during entry

183Receipts for rent

184What can the Tribunal order on an application relating to increase in rent

185Certain charges prohibited

186SDA provider's liability for various utility charges

187SDA provider must not seek overpayment for utility charge

188Definitions

189Breach of duty notice

190Matters to be considered by Tribunal

191Notice of temporary relocation

192Termination of SDA residency agreement

193Order of Tribunal that premises are abandoned

194Notice to vacate by SDA provider

195Effect of notice to vacate

196Notice of intention to vacate by SDA resident

197Withdrawal of notice

198Notice by owner

199Notice to vacate by mortgagee

200Application for possession order by SDA provider

201Application for possession order by mortgagee

202Order of Tribunal

203What is reasonable and proportionate

204Contents of possession order

205Effect of possession order for SDA enrolled dwelling

206What must the possession order provide?

207Notice to occupiers of SDA enrolled dwelling

208Warrant of possession

209Postponement of issue of warrant in certain cases

210Immediate issue of warrant if failure to pay rent during postponement

211Application of this Division

212Definitions

213What happens if personal documents are left behind?

214Disposal of personal documents after 90 days

215Reclaiming personal documents before disposal

216Disposal of certain goods left behind

217What must an SDA enrolled dwelling owner do about goods left behind?

218When SDA enrolled dwelling owner may sell or dispose of stored goods

219Former SDA resident may request proceeds of sale of goods

220Purchaser takes good title

221What if goods or documents are disposed of in contravention of this Division?

222What if goods or documents are wrongfully retained?

223What if goods or documents are damaged or lost?

224What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days?

225Offence relating to entering SDA enrolled dwelling

226Offence to obtain possession etc. of SDA enrolled dwelling

227Disclosure, use and transfer of information

228Service of documents

229Regulations

Subdivision 4—Notification of Director

230Notice of temporary relocation

231Notice to vacate by SDA provider

232Notice to vacate by mortgagee

Part 5—Amendment of other Acts

Division 1—Amendment of Crimes Act 1958

233Definitions

Division 2—Amendment of Guardianship and Administration Act 2019

234Powers of inspection

Division 3—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011

235Definitions

Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016

236Definitions

Division 5—Amendment of Residential Tenancies Act 1997

237Definitions

Division 6—Amendment of Social Services Regulation Act 2021

238Definitions

239Impact of interview or hearing must be mitigated

240New sections 100A and 100B inserted

241Power to enter premises of registered social service providers—monitoring compliance

242Power to enter residential premises with consent

243Meaning of supported residential service

244Offences by unincorporated bodies, partnerships etc.

245Regulations

246Deemed exclusion decisions

247Definitions

248New section 354A inserted

249Section 359 repealed

250New sections 367A and 367B inserted

Division 7—Amendment of Supported Residential Services (Private Proprietors) Act 2010

251Meaning of supported residential service

Division 8—Amendment of Victorian Inspectorate Act 2011

252Definitions

Part 6—Further amendment of other Acts

Division 1—Residential tenancies

253Accident Compensation Act 1985

254Crimes Act 1958

255Education and Training Reform Act 2006

256Guardianship and Administration Act 2019

257Independent Broad-based Anti-corruption Commission Act 2011

258Land Tax Act 2005

259Medical Treatment Planning and Decisions Act 2016

260Social Services Regulation Act 2021

261Transport Accident Act 1986

262Victorian Civil and Administrative Tribunal Act 1998

263Victorian Inspectorate Act 2011

264Workplace Injury Rehabilitation and Compensation Act 2013

Division 2—Information sharing

265Child Wellbeing and Safety Act 2005

266Social Services Regulation Act 2021

267Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances

Division 3—Residential treatment facilities

268Social Services Regulation Act 2021

Part 7—Repeal of this Act

269Repeal of this Act

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Endnotes

1      General information

Disability and Social Services Regulation Amendment Act 2023

No. 9 of 2023

[Assented to 23 May 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Disability Act 2006 in relation to—

(i)the Secretary's functions under that Act; and

(ii)the sharing of information about persons with a disability and persons subject to restrictive practices and supervised treatment orders; and

(iii)residential services; and

(iv)the compulsory treatment of persons with an intellectual disability; and

(v)other related matters; and

(b)to amend the Residential Tenancies Act 1997 in relation to SDA enrolled dwellings; and

(c)to amend the Disability Service Safeguards Act 2018 in relation to registration requirements; and

(d)to amend the Social Services Regulation Act 2021 in relation to—

(i)interviews and hearings for WCES service users; and

(ii)powers of entry; and

(iii)other related matters; and

(e)to make consequential amendments to other Acts.

2Commencement

(1)This Act (except Division 2 of Part 2 and Parts 3, 4 and 6) comes into operation on the day after the day on which it 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 2024, it comes into operation on that day.

PART 2—AMENDMENT OF DISABILITY ACT 2006

Division 1—Amendment of Disability Act 2006

3Purposes

In section 1(b) of the Disability Act2006, for "NDIS participants' rights" substitute "the rights of NDIS participants and DSOA clients".

4Definitions

(1)In section 3(1) of the Disability Act 2006—

(a)for the definition of Authorised Program Officer substitute—

"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;";

(b)in the definition of Department, for "Health and Human Services" substitute "Families, Fairness and Housing";

(c)the definition of Disability Services Board is repealed;

(d)in the definitions of NDIS behaviour support plan, NDIS plan and restrictive practice, after "participant" insert "or a DSOA client";

(e)in the definition of short-term accommodation and assistance dwelling—

(i)for "an NDIS participant" substitute "an NDIS participant or a DSOA client";

(ii)for "the NDIS participant" substitute "the NDIS participant or DSOA client";

(f)in the definition of supervised treatment order, for "191" substitute "193";

(g)in the definition of treatment plan, for "191" substitute "189".

(2)In section 3(1) of the Disability Act 2006 insert the following definitions—

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

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;

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

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

(3)In section 3(1) of the Disability Act 2006—

(a)in paragraph (b) of the definition of SDA enrolled dwelling, for "2016" substitute "2020";

(b)for the definition of residential service substitute—

"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;";

(c)insert the following definition—

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

(4)In section 3(1) of the Disability Act 2006—

(a)in paragraph (b) of the definition of SDA resident, for "CoS supported accommodation client" substitute "DSOA client";

(b)in the definition of Victorian Disability Worker Commissioner, for "2018." substitute "2018;";

(c)insert the following definitions—

"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;

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

(d)the definition of CoS supported accommodation client is repealed.

5New section 3B inserted

After section 3A of the Disability Act 2006 insert—

"3B   NDIS 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.".

6New section 3C inserted

At the end of Part 1 of the Disability Act 2006 insert—

"3C   Primary 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.".

7Objectives of Act

In section 4(h) of the Disability Act 2006, after "participants" insert "and DSOA clients".

8Principles

(1)In section 5(3)(f) of the Disability Act 2006, for "his or her" substitute "the person's".

(2)In section 5(3A) of the Disability Act 2006—

(a)after "participants" (where first occurring) insert "and DSOA clients";

(b)in paragraphs (a), (b) and (c), for "NDIS participants" (wherever occurring) substitute "those persons".

(3)In section 5(4) of the Disability Act 2006, for "or an NDIS participant" substitute ", an NDIS participant or a DSOA client".

9Persons with an intellectual disability

In section 6(3)(a)(i) and (ii) and (b) of the Disability Act 2006, for "he or she" substitute "the person".

10Provision of advice, notification or information under this Act

(1)In section 7(1) of the Disability Act 2006—

(a)for "or an NDIS participant" substitute ", an NDIS participant or a DSOA client";

(b)omit "with a disability or the NDIS participant".

(2)In section 7(3) of the Disability Act 2006—

(a)for "or an NDIS participant" substitute ", an NDIS participant or a DSOA client";

(b)omit "with a disability or NDIS participant" (where twice occurring).

(3)In section 7(4) of the Disability Act 2006—

(a)in paragraph (a), for "or NDIS participant" substitute ", NDIS participant or DSOA client";

(b)in paragraph (c)—

(i)for "participant," substitute "participant or a DSOA client,";

(ii)for "participant and" substitute "participant or the DSOA client and".

11Role and functions of the Secretary

(1)In section 8(1) of the Disability Act 2006—

(a)in paragraph (c) omit "and the Commonwealth State Territory Disability Agreement";

(b)paragraph (ca) is repealed.

(2)In section 8(2)(j) of the Disability Act 2006, for "disability and NDIS participants" substitute "disability, NDIS participants and DSOA clients".

12Power of Secretary to enter into contracts

In section 10(2) of the Disability Act 2006 omit "(not exceeding 3 years)".

13Secretary's powers in relation to land

(1)In section 10A(1) of the Disability Act 2006, after "this Act" insert "or for the purposes of being an SDA provider".

(2)In section 10A(2) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

(3)In section 10A(3) of the Disability Act 2006, for 'or "Secretary to the Department of Health and Human Services"' substitute ', "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing"'.

(4)After section 10A(3) of the Disability Act 2006 insert—

"(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).".

14Committee of management

(1)In section 10B(1) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

(2)For section 10B(2) of the Disability Act 2006 substitute—

'(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".'.

15Record of dealings

(1)In section 10C(1) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

(2)In section 10C(2) of the Disability Act 2006, for 'or "Secretary to the Department of Health and Human Services"' (where twice occurring) substitute ', "Secretary to the Department of Health and Human Services" or "Secretary to the Department of Families, Fairness and Housing"'.

(3)In section 10C(3) of the Disability Act 2006, for "Health and Human Services" substitute "Families, Fairness and Housing".

16Disability Services Commissioner

(1)In section 14(3) of the Disability Act 2006 omit "his or her".

(2)In section 14(7) of the Disability Act 2006—

(a)for "his or her" substitute "their";

(b)for "he or she is" substitute "they are";

(c)for "he or she continues" substitute "they continue".

17Functions of the Disability Services Commissioner

Section 16(1)(i), (j) and (m)(i) of the Disability Act 2006 are repealed.

18Division 4 of Part 3 repealed

Division 4 of Part 3 of the Disability Act 2006 is repealed.

19Functions of the Senior Practitioner

In section 24(1) of the Disability Act 2006—

(a)in paragraph (a), for "practices and compulsory treatment" substitute "practices, compulsory treatment and the appointment of Authorised Program Officers";

(b)after paragraph (a) insert—

"(ab)to promote the reduction and elimination of the use of restrictive practices by disability service providers and registered NDIS providers to the greatest extent possible;";

(c)in paragraph (c), for "and NDIS participants" substitute ", NDIS participants and DSOA clients";

(d)after paragraph (e)(iv) insert—

"(v)the appointment of Authorised Program Officers;".

20Power of Senior Practitioner to delegate

In section 25(2)(a) of the Disability Act 2006, for "disability and NDIS participants" substitute "disability, NDIS participants and DSOA clients".

21Provision of staff and contractors

In section 26(1) and (2) of the Disability Act 2006, for "his or her" substitute "the Senior Practitioner's".

22Special powers of the Senior Practitioner

(1)In section 27(2) of the Disability Act 2006—

(a)in paragraph (a), after "residential service" insert "or Minister approved premises";

(b)in paragraph (ab), after "NDIS dwelling" insert "or Minister approved premises".

(2)In section 27(5) of the Disability Act 2006, for "or the NDIS participant" substitute ", the NDIS participant or the DSOA client".

(3)In section 27(5B) of the Disability Act 2006—

(a)after paragraph (b) insert—

"(ba)DSOA clients; or";

(b)in paragraph (c), for "disability or NDIS participants" substitute "disability, NDIS participants or DSOA clients".

23Functions of a community visitor in respect of NDIS dwellings

In section 30A(2) of the Disability Act 2006—

(a)for "an NDIS participant" substitute "an NDIS participant or a DSOA client";

(b)in paragraphs (a), (b), (d), (e), (f) and (h), after "participant" insert "or DSOA client".

24New section 30B inserted

After section 30A of the Disability Act 2006 insert—

"30B Functions of a community visitor in respect of Minister approved premises

The functions of a community visitor when visiting Minister approved premises are to inquire into the following—

(a)the appropriateness and standard of the premises for the purposes of accommodating Minister approved premises residents;

(b)the adequacy of opportunities for inclusion and participation by a Minister approved premises resident in the community;

(c)whether the services provided at the premises to a Minister approved premises resident by a disability service provider or an NDIS provider are being provided in accordance with this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);

(d)whether information is being provided to a Minister approved premises resident as required by this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act (as appropriate);

(e)any case of suspected abuse or neglect of a Minister approved premises resident;

(f)the use of restrictive practices and compulsory treatment;

(g)any failure to comply with the provisions of this Act, the NDIS Act or any regulation, rule or instrument made under this Act or the NDIS Act;

(h)any complaint made to a community visitor by a Minister approved premises resident.".

25Reports by community visitors

In section 34(1) of the Disability Act 2006, after "visit premises" insert ", Minister approved premises".

26Request for disability services

(1)In section 49(1) of the Disability Act 2006, for "disability services from a disability service provider" substitute "the Secretary to provide access to disability services from the Secretary, funded service providers or contracted service providers".

(2)In section 49(2) of the Disability Act 2006—

(a)for "a disability service provider" substitute "the Secretary";

(b)for "the disability service provider" substitute "the Secretary".

(3)For section 49(3) and (4) of the Disability Act 2006 substitute—

"(3)For the purpose of making a decision under subsection (2), the Secretary may—

(a)require the person who made the request under subsection (1) or the person in respect of whom the request was made to provide more information; or

(b)in accordance with section 50, require the person in respect of whom the request under subsection (1) was made to undergo a formal assessment.

(4)The Secretary, within 14 days of making a decision under subsection (2), must notify the person who made the request under subsection (1) and the person in respect of whom the request was made (if the request was made on that person's behalf) in writing—

(a)of the Secretary's decision; and

(b)if the request is refused, of the reasons for the refusal; and

(c)of any decision made under section 50 as to whether the person in respect of whom the request was made has a disability; and

(d)that the person who made the request or the person in respect of whom the request was made can apply to VCAT for a review of the decision referred to in paragraph (c).".

(4)In section 49(5) of the Disability Act 2006, for "a disability service provider agrees to provide disability services" substitute "the Secretary agrees to a request under subsection (1)".

27Section 50 substituted and new section 50A inserted

For section 50 of the Disability Act 2006 substitute—

"50   Decision by Secretary as to disability

(1)For the purposes of a request under section 49(1), the Secretary may decide whether or not the person in respect of whom the request was made has a disability.

(2)Subject to subsection (3), the Secretary, in making a decision under subsection (1) or section 49(2), may request any relevant information (including personal information and health information) from any person or body.

(3)Before requesting personal information or health information about a person under subsection (2), the Secretary must obtain the consent of—

(a)the person; or

(b)if the person is unable to consent, the person's guardian; or

(c)if another person requested disability services under section 49(1) on behalf of the person and the Secretary is unable to obtain consent under paragraph (a) or (b), the person who made the request.

(4)A person or body that receives a request for information under subsection (2) is authorised to give the information to the Secretary.

(5)Subsection (4) has effect despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006.

(6)The Secretary may determine the appropriate process to enable the Secretary to make a decision as to disability.

(7)If the Secretary decides that a formal assessment is necessary, the Secretary must ensure that the formal assessment is commenced within 30 days of receiving the request under section 49(1).

(8)Despite subsection (7), the Secretary may—

(a)defer the commencement of a formal assessment for up to 3 months after receiving the request under section 49(1); or

(b)discontinue any uncompleted formal assessment and defer the undertaking of a further formal assessment for up to 3 months after discontinuing the formal assessment—

if the Secretary believes on reasonable grounds that any formal assessment completed before then is unlikely to establish reliably whether or not the person has a disability.

50AApplication to VCAT for review of decision as to disability

(1)The following persons may apply to VCAT for a review of a decision under section 50(1)—

(a)the person who made the request for access to disability services under section 49(1);

(b)the person in respect of whom the request under section 49(1) was made.

(2)An application under subsection (1) must be made within 28 days after the person is notified of the decision under section 49(4).

(3)On an application under subsection (1), VCAT may—

(a)confirm the decision; or

(b)order that the decision be substituted by the decision of the Tribunal; or

(c)remit the matter to the Secretary for further consideration in accordance with this Act.

(4)A decision of VCAT under subsection (3)(b) has effect as if it were the decision of the Secretary.".

28Purpose and application of Part

For section 56(1) of the Disability Act 2006 substitute—

"(1)The purpose of this Part is to create specific rights for persons residing in residential services and to impose specific obligations on disability service providers providing residential services whilst enabling the support and treatment needs of persons with a disability to be met and the obligations of disability service providers to be fulfilled.".

29Residential statement

(1)For section 57(1A) and (1B) of the Disability Act 2006 substitute—

"(1A)In circumstances where more than one disability service provider provides residential services at a residential service, only the disability service provider delivering the majority of the services at the residential service is required to comply with subsection (1).".

(2)In section 57(2) of the Disability Act 2006—

(a)after paragraph (a) insert—

"(ab)the intended period of time the person will reside at the residential service;";

(b)for paragraph (e) and the example at the foot of paragraph (e) substitute—

"(e)any conditions or requirements which apply to the provision of the residential services including any of the following—

(i)restrictions that apply in the residential service;

(ii)supervision requirements that apply in the residential service;

(iii)community access and support requirements;

Example

A resident may have a behaviour support plan or a treatment plan with which the resident must comply.

(ea)information relating to matters which may lead to the suspension or termination of a person's residency;

(eb)the dates by which the residential statement is to be reviewed—

(i)the first of which being a date not later than 12 months after the date of the statement; and

(ii)any date subsequent to the first date being at least every 12 months;

(ec)whether any directions or civil or criminal orders apply to the person with a disability and, if appropriate, attach the conditions of the order to the residential statement;".

(3)After section 57(3) of the Disability Act 2006 insert—

"(3A)If the treatment plan of a person with a disability is varied after they have been given a residential statement, the disability service provider must ensure that the person is given a copy of the revised conditions, requirements or restrictions as soon as practicable after the disability service provider has received a copy of the varied conditions, requirements or restrictions.".

(4)In section 57(4) of the Disability Act 2006, after "Act" insert "or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act".

(5)In section 57(5) of the Disability Act 2006, after "this Act" insert "or any directions, conditions of orders or orders a person with a disability has been made subject to under any Act".

(6)In section 57(7) of the Disability Act 2006—

(a)after "under this Act" insert "or another relevant Act";

(b)in paragraph (c), for "Act." substitute "Act;";

(c)after paragraph (c) insert—

"(d)the rights and duties of the resident subject to any directions or orders made under any Act that requires the resident to live at the residential service including any conditions to which the resident is subject under any direction or order;

(e)the right to seek assistance from the disability service provider to contact an advocate to support the resident in relation to any concerns the resident may have regarding any order the resident is subject to or the conditions on the order they are subject to.".

30Duties of disability service provider providing residential services

(1)In section 58(1) of the Disability Act 2006—

(a)in paragraph (a) omit "and with due regard to their entitlement to privacy";

(b)in paragraph (e) , for "his or her" substitute "their";

(c)in paragraph (f), for "not" substitute "subject to subsection (2A), not";

(d)in paragraph (h)(ii), for "support services" substitute "support and treatment";

(e)after paragraph (h) insert—

"(ha)take reasonable steps to support the resident in relation to the implementation of any treatment plan or behaviour support plan and in relation to community access;

(hb)disclose information relating to the treatment, support and safety needs of the resident with other service providers in accordance with this Act or any other Act;";

(f)for paragraph (i) substitute—

"(i)ensure—

(i)that residents receive any information which they are required to be given under this Part; and

(ii)that it complies with section 7 for the purposes of providing advice, information or notices to residents;

(j)take reasonable steps to support a person with a disability to understand and comply with any direction or order, or condition on any order, or any treatment plan, that the person is subject to and which requires the person to live at the residential service;

(k)if the disability service provider suspects that a direction or an order, or condition on any order, that a person with a disability is subject to and that requires the person to live at the residential service has been breached, report the suspected breach to the responsible authority.".

(2)In section 58(2) of the Disability Act 2006—

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

(b)after paragraph (c) insert—

"(d)a direction, a civil or criminal order or a condition on any order to which the resident is subject requiring the person to reside at the residential service.".

(3)After section 58(2) of the Disability Act 2006 insert—

"(2A)For the purposes of subsection (1)(f), a resident's privacy or proper use and enjoyment of the premises is not unreasonably interfered with or limited if the limitation or restriction is imposed by the disability service provider in accordance with—

(a)the resident's behaviour support plan which has been lodged with the Senior Practitioner; or

(b)the resident's treatment plan; or

(c)a direction in respect of the resident given to the disability service provider by the Senior Practitioner, including a direction requiring an amendment to the resident's behaviour support plan or treatment plan; or

(d)a direction, a civil or criminal order, or condition on any order to which the resident is subject requiring the person to reside at the residential service.".

(4)In section 58(3) of the Disability Act 2006, after "(2)" insert "or (2A)".

(5)After section 58(4) of the Disability Act 2006 insert—

"(5)In this section—

responsible authority means—

(a)the entity responsible for supervising an order a person with a disability is subject to that requires the person to reside at a residential service; or

(b)the person who has directed a person with a disability to reside at a residential service.".

31Duties of residents

(1)In section 59(1) of the Disability Act 2006—

(a)paragraph (a) is repealed;

(b)in paragraph (b), after "the specified charges" insert "(if any)";

(c)in paragraph (e), for "(d)." substitute "(d);";

(d)after paragraph (e) insert—

"(f)comply with any direction or order, or condition of any direction or order, that the resident is subject to that requires the resident to live at the residential service.".

(2)In section 59(2) of the Disability Act 2006—

(a)in paragraph (d), for "provider." substitute "provider;";

(b)after paragraph (d) insert—

"(e)knowingly and intentionally breach any conditions specified in their residential statement.".

32Entry to a resident's room

(1)After section 60(2)(c) of the Disability Act 2006 insert—

"(ca)the disability service provider suspects on reasonable grounds that there has been a breach of a direction, a civil or criminal order or a condition of an order that the resident is subject to that requires the resident to reside at the residential service; or".

(2)In section 60(2)(c) and (d) of the Disability Act 2006 omit "if".

(3)In section 60(2)(f) of the Disability Act 2006, for "support services or to provide support as otherwise specified in the resident's support plan" substitute "support or assistance to the person which is related to the person's disability".

(4)Section 60(3) of the Disability Act 2006 is repealed.

33New sections 61A and 61B inserted

After section 61 of the Disability Act 2006 insert—

"61A   Termination of residency in residential service

(1)The residency of a person receiving residential services is terminated in the following circumstances—

(a)if the period of residency specified in the residential statement has expired and written extension of the residency has not been offered;

(b)if the person is no longer subject to a direction or a civil or criminal order requiring them to live at the residential service and suitable alternative premises are available for the person to move to;

(c)if the person has moved to another premises;

(d)if the person has resided somewhere other than the residential service for at least 3 months in accordance with a direction or an order of a court or tribunal and there is no agreement in writing between the person and the Secretary for the residency of the person to continue in the residential service;

(e)if the disability service provider providing the residential service gives the person written notice that the residency of the person in the residential service will end on a future date specified in the notice;

(f)by agreement in writing between the person and the disability service provider providing the residential service.

(2)A disability service provider who is a funded service provider or a contracted service provider must—

(a)comply with any guidelines issued by the Secretary regarding termination of a person's residency in a residential service; and

(b)at least 30 days before terminating the residency of a person under subsection (1)(d) or (e), notify the Secretary of the proposed termination.

(3)For the purposes of subsection (1)(b), suitable alternative premises are premises that meet guidelines issued by the Secretary (if any).

61BSpecialist forensic disability accommodation

(1)The Secretary may in writing determine that accommodation provided by a disability service provider that provides forensic disability support and treatment to people with—

(a)an intellectual disability; or

(b)an acquired brain injury or neurological impairment that is a disability within the meaning of paragraph (a) of the definition of disability—

is specialist forensic disability accommodation.

(2)The Secretary must give the Public Advocate written notice of any determination made under subsection (1) no later than 7 days after making the determination.".

34Offences relating to interference with rights

In section 62(3) of the Disability Act 2006, after "58(2)" insert "or (2A)".

35New section 129AA inserted

Before section 129 of the Disability Act 2006 insert—

"129AA Minister approved premises

(1)The Minister, by notice published in the Government Gazette, may specify a premises of one of the following types to be a Minister approved premises—

(a)a premises where—

(i)a person with a disability resides; and

(ii)that person receives disability services at the premises;

(b)a premises where—

(i)an NDIS participant resides; and

(ii)the NDIS participant receives services under the NDIS at the premises;

(c)a premises where—

(i)a DSOA client resides; and

(ii)the DSOA client receives services from an NDIS provider at the premises.

(2)A type of premises specified in subsection (1)(a), (b) or (c) does not include a premises owned or rented by—

(a)a person with a disability, an NDIS participant or a DSOA client; or

(b)a family member of a person specified in paragraph (a).

(3)In this section—

rented, in relation to a premises, means rented under Part 2, 3, 4 or 4A of the Residential Tenancies Act 1997.".

36Visiting of residential service or NDIS dwelling

(1)In the heading to section 129 of the Disability Act 2006, for "or NDIS dwelling" substitute ", NDIS dwelling or Minister approved premises".

(2)After section 129(1B) of the Disability Act 2006 insert—

"(1C)A community visitor may visit any Minister approved premises with or without any previous notice at the times and periods that the community visitor thinks fit.".

(3)After section 129(5) of the Disability Act 2006 insert—

"(5A)The Minister may direct a community visitor to visit a Minister approved premises at the times that the Minister directs.".

37Powers of inspection

(1)In section 130(3) of the Disability Act 2006—

(a)in paragraphs (a), (b), (c) and (d), after "participant" insert ", DSOA client";

(b)in paragraph (e), for "an NDIS participant or SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian," substitute "an NDIS participant, a DSOA client or an SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian, the DSOA client, the DSOA client's guardian,".

(2)After section 130(3) of the Disability Act 2006 insert—

"(4)A community visitor is entitled when visiting a Minister approved premises to do one or more of the following—

(a)inspect any part of the premises in which a person with a disability, an NDIS participant or a DSOA client is living;

(b)see any person with a disability, NDIS participant or DSOA client who is living in the premises;

(c)make enquiries relating to the provision of services to persons with a disability, NDIS participants or DSOA clients who are living in the premises;

(d)inspect any document relating to any person with a disability, NDIS participant or DSOA client that is not a medical record and any records required to be kept by or under this Act, the Residential Tenancies Act 1997, the NDIS Act or any regulations, rules or instruments made under those Acts;

(e)inspect any medical record relating to persons with a disability, NDIS participants or DSOA clients living in the premises with the consent of the person with a disability, the person with a disability's guardian, the NDIS participant, the NDIS participant's guardian, the DSOA client or the DSOA client's guardian (as appropriate).".

38New section 131B inserted

After section 131A of the Disability Act 2006 insert—

"131B Request to see a community visitor—residents of Minister approved premises

(1)Any Minister approved premises resident or any person on behalf of the Minister approved premises resident may request the disability service provider or registered NDIS provider (as appropriate) to arrange for the Minister approved premises resident to be seen by a community visitor.

(2)The disability service provider or registered NDIS provider must advise the Community Visitors Board that a request has been made under subsection (1) within 72 hours of receiving the request.

Penalty:5 penalty units.

(3)Unless subsection (4) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (2).

(4)For the purposes of subsection (3), if the Community Visitors Board considers that it would be appropriate in the circumstances, the Community Visitors Board may arrange for the Public Advocate to respond to the request.

(5)The Community Visitors Board may refuse a request under subsection (2) if the Community Visitors Board considers that the request is—

(a)vexatious; or

(b)frivolous; or

(c)lacking in substance.".

39Record of visits

After section 132(2) of the Disability Act 2006 insert—

"(2A)If a disability service provider or registered NDIS provider is present when a community visitor visits a Minister approved premises, the disability service provider or registered NDIS provider must keep a record of the visit.

Penalty:5 penalty units.".

40Heading to Part 6A amended

In the heading to Part 6A of the Disability Act 2006 omit "by registered NDIS providers".

41Section 132ZI substituted

For section 132ZI of the Disability Act 2006 substitute—

"132ZI   Disability service provider or registered NDIS provider to appoint Authorised Program Officer

(1)A disability service provider or a registered NDIS provider must appoint an Authorised Program Officer if the provider intends to use—

(a)restrictive practices on a person under Part 7; or

(b)compulsory treatment or restrictive practices on a person under Part 8.

(2)More than one Authorised Program Officer may be appointed by a provider under subsection (1).".

42Section 132ZJ amended

(1)In the heading to section 132ZJ of the Disability Act 2006, for "Registered" substitute "Disability service provider or registered".

(2)In section 132ZJ(1) of the Disability Act 2006, for "registered" substitute "disability service provider or a registered".

43Section 132ZL amended

(1)In the heading to section 132ZL of the Disability Act 2006, after "notify" insert "Secretary or".

(2)In section 132ZL of the Disability Act 2006, for "NDIS Commissioner" substitute "Secretary (in the case of a disability service provider) or the NDIS Commissioner (in the case of a registered NDIS provider)".

44Section 132ZM amended

(1)In the heading to section 132ZM of the Disability Act 2006, after "notify" insert "disability service provider or".

(2)In section 132ZM(1) of the Disability Act 2006, for "registered NDIS provider in accordance with subsection (2) and has considered any submission made by" substitute "disability service provider or the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the disability service provider or".

(3)In section 132ZM(2)(b) of the Disability Act 2006, for "registered" substitute "disability service provider or the registered".

45Application for review of appointment decision

(1)In section 132ZN(1) of the Disability Act 2006, for "registered" substitute "disability service provider or a registered".

(2)For section 132ZN(2)(b) of the Disability Act 2006 substitute—

"(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the disability service provider or the registered NDIS provider requests a statement of reasons for the decision, the day on which—

(i)the statement of reasons is given to the disability service provider or the registered NDIS provider; or

(ii)the disability service provider or the registered NDIS provider is informed under section 46(5) of that Act that a statement of reasons will not be given.".

46Senior Practitioner may issue directions

(1)In section 132ZO(1) of the Disability Act 2006—

(a) for "registered" substitute "disability service providers and registered";

(b)in paragraph (c), for "Officers." substitute "Officers; and";

(c)after paragraph (c) insert—

"(d)any prescribed matter.".

(2)After section 132ZO(1) of the Disability Act 2006 insert—

"(1A)The Senior Practitioner may direct a disability service provider or a registered NDIS provider to appoint an Authorised Program Officer.".

(3)In section 132ZO(2) of the Disability Act 2006, for "this section" substitute "subsection (1)".

47Part 6B repealed and Part 7 substituted

For Parts 6B and 7 of the Disability Act 2006 substitute—

"PART 7—USE OF RESTRICTIVE PRACTICES

133Purpose and application of Part

(1)This Part applies in respect of persons, other than persons for whom a treatment plan is in force or is required to be prepared under Part 8, who—

(a)receive disability services; or

(b)are NDIS participants; or

(c)are DSOA clients.

Note

Division 6 of Part 8 also contains protective provisions in relation to persons subject to a treatment plan under Part 8.

(2)This Part also applies in respect of the use of restrictive practices by a registered NDIS provider on an NDIS participant who is subject to a treatment plan if the treatment plan—

(a)is prepared for the NDIS participant by or on behalf of the Authorised Program Officer for a disability service provider; and

(b)is not in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules.

(3)The purpose of this Part is to—

(a)protect the rights of persons with a disability in respect of whom this Part applies and who are receiving disability services by ensuring that—

(i)restrictive practices are included in behaviour support plans for those persons only in accordance with this Part; and

(ii)restrictive practices are used on those persons only if the requirements of this Part are complied with; and

(b)protect the rights of NDIS participants and DSOA clients in respect of whom this Part applies by ensuring that regulated restrictive practices are used on the person only if the use is authorised.

(4)A provider that is both a disability service provider and a registered NDIS provider is required to comply with this Part either in the provider's capacity as a disability service provider or registered NDIS provider, but not both.

134Authorised Program Officers

An Authorised Program Officer must ensure that any restrictive practice used on a person in respect of whom this Part applies in the provision of—

(a)a disability service; or

(b)services under the NDIS; or

(c)supports under the Commonwealth Disability Support for Older Australians program; or

(d)supports under a prescribed program—

for which the Authorised Program Officer is responsible is administered in accordance with this Part.

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

Except as provided for in sections 137 and 145, a disability service provider or a registered NDIS provider must not use a regulated restrictive practice on a person in respect of whom this Part applies unless an authorisation under section 136 for the use of the regulated restrictive practice is in force and—

(a)if the regulated restrictive practice is in the form of seclusion, physical restraint or mechanical restraint, the use of that form has been approved by the Senior Practitioner; and

(b)if the regulated restrictive practice is in the form of a restrictive practice that requires the Senior Practitioner's approval under section 143, the use of that form has been approved by the Senior Practitioner; and

(c)if the use of the regulated restrictive practice on a specified person or class of persons requires the Senior Practitioner's approval under section 143, the use of the regulated restrictive practice in that circumstance has been approved by the Senior Practitioner; and

(d)the matters referred to in section 136(1)(a), (b), (e) and (g) are satisfied.

136Authorisation for use of regulated restrictive practices

(1)The Authorised Program Officer may authorise the use of a regulated restrictive practice on a person in respect of whom this Part applies if the Authorised Program Officer is satisfied that—

(a)the proposed use of the regulated restrictive practice is necessary to prevent the person from causing physical harm to themselves or another person; and

(b)the use and form of the proposed regulated restrictive practice—

(i)is the option which is the least restrictive of the person as is possible in the circumstances; and

(ii)is included in the person's behaviour support plan or NDIS behaviour support plan; and

(iii)is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and

(iv)is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and

(c)if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and

(d)if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

(e)if seclusion is to be used—

(i)the person is supplied with bedding and clothing which is appropriate in the circumstances; and

(ii)the person has access to adequate heating or cooling as is appropriate in the circumstances; and

(iii)the person is provided with food and drink at the appropriate times; and

(iv)the person is provided with adequate toilet arrangements; and

(f)the Authorised Program Officer has complied with section 140; and

(g)any other requirements imposed by the Senior Practitioner are complied with.

(2)An authorisation given under this section is in force until—

(a)the authorisation is revoked; or

(b)the person's behaviour support plan or NDIS behaviour support plan expires; or

(c)the person is given a new behaviour support plan or NDIS behaviour support plan.

(3)An authorisation may be subject to any condition that the Authorised Program Officer considers appropriate, other than a condition requiring the variation of a behaviour support plan or NDIS behaviour support plan.

Note

Section 201D is a corresponding provision in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8.

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

(1)A disability service provider may use a regulated restrictive practice on a person to whom the disability service provider is providing disability services and who is also an NDIS participant or a DSOA client with an NDIS behaviour support plan if—

(a)the Authorised Program Officer of the disability service provider has authorised that use under section 136; and

(b)the disability service provider is satisfied that the criteria specified in section 136(1)(a), (b), (e) and (g) are met; and

(c)if the regulated restrictive practice is in the form of a restrictive practice specified in section 143(1), the use of that form has been approved by the Senior Practitioner.

(2)A disability service provider who uses regulated restrictive practices on a person under subsection (1) must give a report to the Senior Practitioner within 7 days after the end of an interval specified by the Senior Practitioner that details—

(a)all instances in which the regulated restrictive practices were used during the period for which the report is prepared; and

(b)any other details required by the Senior Practitioner.

(3)The Senior Practitioner may issue directions to disability service providers to whom subsection (1) applies in relation to the use of regulated restrictive practices under that subsection.

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

(1)This section applies if—

(a)a disability service provider providing a disability service to a person in respect of whom this Part applies—

(i)is satisfied that the criteria specified in section 136(1)(a) and (b) apply; and

(ii)proposes to use a regulated restrictive practice on the person; and

(b)the person receiving the disability service does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules.

(2)The disability service provider must ensure that a behaviour support plan is prepared for the person in respect of whom this Part applies that—

(a)states the circumstances in which the proposed form of a regulated restrictive practice is to be used for behaviour support; and

(b)explains how the use of a regulated restrictive practice will be of benefit to the person; and

(c)demonstrates that the use of a regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

(d)includes strategies to reduce and eliminate the need for a regulated restrictive practice to be used on the person; and

(e)takes into account any—

(i)previous behaviour assessments; and

(ii)other relevant assessments; and

(f)includes the changes to be made to the environment of the person to reduce or eliminate the need for the regulated restrictive practice to be used on the person.

(3)The disability service provider must ensure that during the preparation of the behaviour support plan the following persons are consulted—

(a)the person for whom the behaviour support plan is being prepared;

(b)if the person for whom the behaviour support plan is being prepared has a guardian, the person's guardian;

(c)if any other disability service providers provide disability services to the person for whom the behaviour support plan is being prepared, a representative of each disability service provider;

(d)if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is being prepared, a representative of each registered NDIS provider;

(e)any other person specified by the person for whom the behaviour support plan is being prepared;

(f)any other person that the disability service provider considers integral to the development of the behaviour support plan.

139Review of behaviour support plan—disability service providers

(1)A disability service provider must ensure that a behaviour support plan prepared under section 138 is reviewed at intervals of not more than—

(a)12 months; or

(b)if the Authorised Program Officer or the Senior Practitioner specifies a shorter period, the specified period.

(2)A person for whom a behaviour support plan was prepared under section 138 may request a review of the plan at any time.

(3)A review under this section must consider—

(a)strategies to reduce and eliminate the need for the regulated restrictive practice to be used on the person for whom the behaviour support plan was prepared; and

(b)any previous behaviour support assessments; and

(c)any other relevant assessments; and

(d)changes that could be made to the environment of the person for whom the behaviour support plan was prepared to reduce or eliminate the need for the regulated restrictive practice to be used on the person.

(4)The disability service provider must ensure that in a review of a behaviour support plan the following persons are consulted—

(a)the person for whom the behaviour support plan was prepared;

(b)if the person for whom the behaviour support plan was prepared has a guardian, the person's guardian;

(c)if any other disability service providers provide disability services to the person for whom the behaviour support plan was prepared, a representative of each disability service provider;

(d)if any registered NDIS providers provide services under the NDIS to the person for whom the behaviour support plan is prepared, a representative of each registered NDIS provider;

(e)any other person specified by the person for whom the behaviour support plan was prepared;

(f)any other person that the disability service provider considers integral to the review of the behaviour support plan.

140Independent person

(1)An Authorised Program Officer must ensure that an independent person is available to explain to a person in respect of whom this Part applies—

(a)the proposed use of a regulated restrictive practice on the person; and

(b)that the person to whom this Part applies may seek, as the case requires—

(i)a review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice; or

(ii)a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.

Note

Section 136(1)(f) provides that authorisation for use of a regulated restrictive practice under this Part may only be given if the Authorised Program Officer has complied with this section.

(2)Subject to subsection (3), if changes are proposed to a behaviour support plan or an NDIS behaviour support plan as a result of a review by a disability service provider or an NDIS behaviour support practitioner, an Authorised Program Officer must ensure that an independent person is available to explain to the person for whom the behaviour support plan was prepared—

(a)the details of those changes; and

(b)if those changes involve the inclusion of a more restrictive form or use of regulated restrictive practice, any matter related to the inclusion of the regulated restrictive practice.

(3)An Authorised Program Officer is not required to ensure that an independent person is available under subsection (2) if—

(a)it is not proposed, as a result of the review, that a more restrictive form or use of regulated restrictive practice be included in the behaviour support plan or NDIS behaviour support plan; and

(b)the person for whom the behaviour support plan or NDIS behaviour support plan was prepared has had the plan reviewed by the disability service provider or NDIS behaviour support practitioner in the last 12 months; and

(c)during that review, an independent person was available in accordance with this section.

(4)The independent person must notify the Senior Practitioner if the independent person considers that—

(a)the person to whom this Part applies is not able to understand the proposal to use the regulated restrictive practice; and

(b)the requirements of this Act or the relevant requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules are not being complied with.

(5)The independent person may notify the Public Advocate of any circumstances described in subsection (4).

(6)The independent person must notify the Senior Practitioner if the independent person considers that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised before the independent person explains the plan to the person.

(7)The independent person may consult the Senior Practitioner if the independent person is concerned that this Act, or the requirements of the NDIS Act or NDIS (Restrictive Practices and Behaviour Support) Rules, as the case requires, were not complied with when the behaviour support plan or NDIS behaviour support plan for the person to whom this Part applies was being prepared or authorised.

(8)An independent person assisting the person to whom this Part applies must not—

(a)be a disability service provider or an NDIS provider for the person; or

(b)be a representative of a disability service provider or an NDIS provider for the person; or

(c)have any interest in a disability service provider or an NDIS provider for the person; or

(d)have any responsibility in relation to the development or review of the person's behaviour support plan or NDIS behaviour support plan.

(9)If a person in respect of whom this Part applies advises their disability service provider or registered NDIS provider that they do not consider that the person assisting them is an independent person, the Authorised Program Officer for that provider must arrange for an independent person to assist the person.

141Powers of Public Advocate

(1)On receiving a notification under section 140(5), the Public Advocate may do one or more of the following—

(a)refer the matter to the Senior Practitioner;

(b)within 28 days after receiving the notification, initiate an application to VCAT to review the decision by the Authorised Program Officer to authorise the use of a regulated restrictive practice and, as the case requires, the decision by the Senior Practitioner to approve the use;

(c)disclose information about the use or proposed use of a regulated restrictive practice—

(i)in the case of a disability service provider, to the Secretary; or

(ii)in the case of a registered NDIS provider, to the NDIA or the NDIS Quality and Safeguards Commission.

(2)This section is in addition to the powers of the Public Advocate under the Guardianship and Administration Act 2019.

142Information to be provided

(1)The Authorised Program Officer, within 2 working days after authorising the use of a regulated restrictive practice on a person under section 136, must ensure that the Senior Practitioner is given—

(a)a copy of the person's behaviour support plan or NDIS behaviour support plan; and

(b)the name and details of the independent person who assisted the person; and

(c)if the person is an NDIS participant or a DSOA client, any information provided to the NDIS Quality and Safeguards Commission in relation to the use of a regulated restrictive practice that is not included in the person's NDIS behaviour support plan; and

(d)any other information required by the Senior Practitioner.

(2)A disability service provider or a registered NDIS provider, at least 2 working days before using a regulated restrictive practice described in subsection (1) on a person, must—

(a)give the person a notice in accordance with subsection (3); and

(b)explain the notice to the person in accordance with section 7.

(3)A notice under subsection (2) must state that—

(a)the Authorised Program Officer has authorised under section 136 the use of a regulated restrictive practice on the person and, as the case requires, the Senior Practitioner has approved the use under section 143; and

(b)the person may seek, as the case requires—

(i)a review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice; or

(ii)a joint review of the Authorised Program Officer's decision under section 136 to authorise the use of the regulated restrictive practice and the Senior Practitioner's decision under section 143 to approve the use.

143Approval by Senior Practitioner to use certain regulated restrictive practices

(1)The Senior Practitioner, if satisfied of the matters in subsection (2), may approve a disability service provider or a registered NDIS provider to use—

(a)a regulated restrictive practice in the form of seclusion, physical restraint or mechanical restraint; or

(b)a form of regulated restrictive practice specified as requiring approval under this section in a direction given by the Senior Practitioner; or

(c)a regulated restrictive practice on a specified person or class of persons specified as requiring approval under this section in a direction given by the Senior Practitioner.

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

(a)the proposed use of the regulated restrictive practice is necessary to prevent the person in respect of whom this Part applies from causing physical harm to themselves or to another person; and

(b)the use and form of the proposed regulated restrictive practice is the option which is the least restrictive of the person as is possible in the circumstances; and

(c)the use and form of the proposed regulated restrictive practice—

(i)is included in the person's behaviour support plan or NDIS behaviour support plan; and

(ii)is in accordance with the person's behaviour support plan or NDIS behaviour support plan; and

(iii)is not applied for longer than the period of time during which the use of the regulated restrictive practice is necessary under paragraph (a); and

(d)if the person is receiving disability services from a disability service provider and does not have an NDIS behaviour support plan that is in accordance with the NDIS (Restrictive Practices and Behaviour Support) Rules, the person's behaviour support plan is in accordance with this Part; and

(e)if the person is an NDIS participant or a DSOA client and will be subject to regulated restrictive practices by a registered NDIS provider, the person's NDIS behaviour support plan is in accordance with the requirements of the NDIS (Restrictive Practices and Behaviour Support) Rules; and

(f)if seclusion is to be used, that—

(i)the person is supplied with bedding and clothing which is appropriate in the circumstances; and

(ii)the person has access to adequate heating or cooling as is appropriate in the circumstances; and

(iii)the person is provided with food and drink at the appropriate times; and

(iv)the person is provided with adequate toilet arrangements; and

(g)any other requirements imposed by the Senior Practitioner are complied with.

(3)An approval given under this section is in force until—

(a)the approval is revoked; or

(b)the person's behaviour support plan or NDIS behaviour support plan expires; or

(c)the person is given a new behaviour support plan or NDIS behaviour support plan.

(4)The Senior Practitioner, if satisfied that it is appropriate to do so, may lodge evidence with the NDIS Commissioner or the registered NDIS provider that the proposed use of a regulated restrictive practice on an NDIS participant or a DSOA client is authorised by the Authorised Program Officer and, as the case requires, approved by the Senior Practitioner.

144Review by VCAT

(1)A person in respect of whom this Part applies may apply to VCAT for a review of—

(a)an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person, if that decision did not require the approval of the Senior Practitioner; or

(b)an Authorised Program Officer's decision under section 136 to authorise the use of a regulated restrictive practice on the person and the Senior Practitioner's decision under section 143 to approve that use.

(2)A disability service provider or a registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner under section 143 not to approve the use of a regulated restrictive practice.

166Agreement for provision of SDA enrolled dwelling

(1)In the heading to section 498F of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498F of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

167Copy of SDA residency agreement to be made available to SDA resident

In section 498H of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

168Content of SDA residency agreement

In section 498J(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

169Restriction on use of personal information provided by applicants for SDA enrolled dwellings

(1)In the heading to section 498LA of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(2)In section 498LA of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

170Information that SDA provider must disclose before entering SDA residency agreement

(1)In section 498LB of the Residential Tenancies Act 1997, for "SDA recipient" substitute "SDA resident".

(2)In section 498LB of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

171Misleading or deceptive conduct inducing a person to enter an SDA residency agreement

In section 498LC(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

172Duties of SDA provider

In section 498M of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

173Duties of SDA resident

In section 498N of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

174Application to Director to investigate need for non‑urgent repairs

In section 498Q of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

175What can the Tribunal order?

In section 498S(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

176Purpose of Division

In section 498T of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

177Entry of SDA enrolled dwelling

(1)In the heading to section 498U of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498U of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

178Grounds for entry of SDA enrolled dwelling

(1)In the heading to section 498V of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498V(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(3)In section 498V(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(4)In section 498V(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(5)In section 498V(3A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(6)In section 498V(4) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(7)In section 498V(5) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

179Manner of entry

In section 498W(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

180What must be in a notice of entry?

In section 498X(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

181SDA resident has duty to permit entry

In section 498Y of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

182What if damage is caused during entry

In section 498Z of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

183Receipts for rent

In section 498ZE(5)(a) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

184What can the Tribunal order on an application relating to increase in rent

(1)In section 498ZI(2)(a) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

(2)In section 498ZI(2)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(3)In section 498ZI(2)(c), (e) and (f) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

185Certain charges prohibited

In section 498ZL(4) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

186SDA provider's liability for various utility charges

(1)In section 498ZM(1) and (2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(2)In the example at the foot of section 498ZM(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

187SDA provider must not seek overpayment for utility charge

In section 498ZN of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

188Definitions

In section 498ZO of the Residential Tenancies Act1997, in the definition of duty provision, for "SDA enrolled dwelling," substitute "SDA dwelling,".

189Breach of duty notice

In section 498ZP(2A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

190Matters to be considered by Tribunal

In section 498ZR(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" (where twice occurring) substitute "SDA dwelling;".

191Notice of temporary relocation

(1)In section 498ZV(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(2)In section 498ZV(2A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(3)In section 498ZV(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

(4)In section 498ZV(7) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(5)In section 498ZV(10) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(6)In section 498ZV(11) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

192Termination of SDA residency agreement

In section 498ZW(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

193Order of Tribunal that premises are abandoned

In section 498ZWA of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

194Notice to vacate by SDA provider

(1)In section 498ZX(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(2)In section 498ZX(4A) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

(3)In section 498ZX(5) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

195Effect of notice to vacate

In section 498ZY(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

196Notice of intention to vacate by SDA resident

In section 498ZZA(2)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

197Withdrawal of notice

In section 498ZZB(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

198Notice by owner

In section 498ZZCA(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

199Notice to vacate by mortgagee

In section 498ZZD(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

200Application for possession order by SDA provider

In section 498ZZE of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

201Application for possession order by mortgagee

In section 498ZZF(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

202Order of Tribunal

In section 498ZZH of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

203What is reasonable and proportionate

In section 498ZZHA(d) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

204Contents of possession order

In section 498ZZJ of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

205Effect of possession order for SDA enrolled dwelling

(1)In the heading to section 498ZZL of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZL of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

206What must the possession order provide?

In section 498ZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

207Notice to occupiers of SDA enrolled dwelling

(1)In the heading to section 498ZZN of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZN of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

208Warrant of possession

In section 498ZZR of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

209Postponement of issue of warrant in certain cases

In section 498ZZU of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

210Immediate issue of warrant if failure to pay rent during postponement

In section 498ZZV of the Residential Tenancies Act 1997, for "SDA enrolled dwelling," substitute "SDA dwelling,".

211Application of this Division

In section 498ZZW of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

212Definitions

(1)In section 498ZZX of the Residential Tenancies Act 1997, the definition of SDA enrolled dwelling owner is repealed.

(2)In section 498ZZX of the Residential Tenancies Act 1997 insert the following definition—

"SDA dwelling owner, in relation to an SDA dwelling in respect of which an SDA residency agreement has been terminated, means—

(a)the former SDA provider; and

(b)either—

(i)the owner of the SDA dwelling; or

(ii)a mortgagee who has secured a mortgage against the SDA dwelling;".

(3)In section 498ZZX of the Residential Tenancies Act 1997, in the definition of stored goods, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

213What happens if personal documents are left behind?

In section 498ZZY of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

214Disposal of personal documents after 90 days

In section 498ZZZ(1) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

215Reclaiming personal documents before disposal

In section 498ZZZA(2) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

216Disposal of certain goods left behind

In section 498ZZZC of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

217What must an SDA enrolled dwelling owner do about goods left behind?

(1)In the heading to section 498ZZZD of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZZD(1) and (3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling".

218When SDA enrolled dwelling owner may sell or dispose of stored goods

(1)In the heading to section 498ZZZF of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZZF of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

219Former SDA resident may request proceeds of sale of goods

In section 498ZZZG(3) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

220Purchaser takes good title

In section 498ZZZI(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

221What if goods or documents are disposed of in contravention of this Division?

In section 498ZZZJ of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

222What if goods or documents are wrongfully retained?

In section 498ZZZK of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

223What if goods or documents are damaged or lost?

In section 498ZZZL of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

224What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days?

(1)In the heading to section 498ZZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZZM of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

225Offence relating to entering SDA enrolled dwelling

(1)In the heading to section 498ZZZO of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZZO of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

226Offence to obtain possession etc. of SDA enrolled dwelling

(1)In the heading to section 498ZZZP of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 498ZZZP of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling".

227Disclosure, use and transfer of information

(1)In section 505C(1)(a) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(2)In section 505C(1)(b) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling." substitute "SDA dwelling.".

(3)In section 505C(2) and (3) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(4)In section 505C(4)(g) of the Residential Tenancies Act 1997, for "SDA enrolled dwellings" substitute "SDA dwellings".

(5)In section 505C(4)(p) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

228Service of documents

In section 506(3A)(b)(i) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling;" substitute "SDA dwelling;".

229Regulations

(1)In section 511(1)(hb) of the Residential Tenancies Act 1997, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)After section 511(1)(hc) of the Residential Tenancies Act 1997 insert—

"(hd)prescribing a program for the purposes of the definition of DSOA client in section 3(1);

(he)prescribing a program for the purposes of the definition of specified entity or program in section 3(1);".

Subdivision 4—Notification of Director

230Notice of temporary relocation

(1)For section 498ZV(5) of the Residential Tenancies Act 1997 substitute—

"(5)The SDA provider must notify the Director of the details of a notice of temporary relocation within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a)a DSOA client;

(b)an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty:60 penalty units.

(5A)After receiving a notification under subsection (4) or (5), the Director must provide the details of the notice of temporary relocation to the Public Advocate.

(5B)After receiving a notification under subsection (5), the Director must provide the details of the notice of temporary relocation to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (5)(b).".

231Notice to vacate by SDA provider

For section 498ZX(8) of the Residential Tenancies Act 1997 substitute—

"(8)The SDA provider must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a)a DSOA client;

(b)an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty:60 penalty units.

(8A)After receiving a notification under subsection (7) or (8), the Director must provide the details of the notice to vacate to the Public Advocate.

(8B)After receiving a notification under subsection (8), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (8)(b).".

232Notice to vacate by mortgagee

For section 498ZZD(4) of the Residential Tenancies Act 1997 substitute—

"(4)The mortgagee must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—

(a)a DSOA client;

(b)an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.

Penalty:60 penalty units.

(4A)After receiving a notification under subsection (3) or (4), the Director must provide the details of the notice to vacate to the Public Advocate.

(4B)After receiving a notification under subsection (4), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (4)(b).".

PART 5—AMENDMENT OF OTHER ACTS

Division 1—Amendment of Crimes Act 1958

233Definitions

In section 52A of the Crimes Act 1958, after paragraph (a) of the definition of residential service insert—

"(ab)accommodation approved for supervised treatment under section 187 of the Disability Act 2006; and".

Division 2—Amendment of Guardianship and Administration Act 2019

234Powers of inspection

In section 17(7) of the Guardianship and Administration Act 2019, after paragraph (ca) of the definition of institution insert—

"(cab)accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

Division 3—Amendment of Independent Broad‑based Anti-corruption Commission Act 2011

235Definitions

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after paragraph (e) of the definition of detained person insert—

"(ea)a person in accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or".

Division 4—Amendment of Medical Treatment Planning and Decisions Act 2016

236Definitions

In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, after paragraph (c) of the definition of health facility insert—

"(caa)accommodation approved for supervised treatment under section 187 of the Disability Act 2006; and".

Division 5—Amendment of Residential Tenancies Act 1997

237Definitions

In section 3(1) of the Residential Tenancies Act 1997, after paragraph (c) of the definition of health or residential service insert—

"(ca)accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or".

Division 6—Amendment of Social Services Regulation Act 2021

238Definitions

In section 3(1) of the Social Services Regulation Act 2021, in the definition of exclusion decision—

(a)in paragraph (c), after "Worker Screening Act 2020;" insert "or";

(b)after paragraph (c) insert—

"(d)a prescribed decision;".

239Impact of interview or hearing must be mitigated

In the heading to section 100 of the Social Services Regulation Act 2021, for "mitigated" substitute "mitigated—WCES workers or carers".

240New sections 100A and 100B inserted

After section 100 of the Social Services Regulation Act 2021 insert—

"100A   Impact of interview or hearing must be mitigated—WCES service users

(1)Before interviewing a WCES service user or a person with the characteristics of a WCES service user, the Regulator, a Panel, an authorised officer or an independent investigator must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the service user or person.

(2)Before requiring a WCES service user or a person with the characteristics of a WCES service user to attend a hearing conducted by a Panel under this Part, the Panel must consider, and take all reasonable steps to mitigate, any negative effect that the hearing may have on the service user or person.

100BMitigation of impact of interviews on children

(1)This section applies if the Regulator, a Panel, an authorised officer or an independent investigator interviews, or proposes to interview, a child that is a WCES service user or has the characteristics of a WCES service user.

(2)The Regulator, Panel, authorised officer or independent investigator may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on behalf of the Regulator, Panel, authorised officer or independent investigator.

(3)Before interviewing a child, the interviewer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.

(4)Without limiting subsection (3), the Regulator, Panel, authorised officer or independent investigator must consider whether the child's primary family carer (within the meaning of the Commission for Children and Young People Act 2012) should be present during the interview.".

241Power to enter premises of registered social service providers—monitoring compliance

In section 112(1) of the Social Services Regulation Act 2021, after "other than residential premises" insert "within the meaning of section 113".

242Power to enter residential premises with consent

(1)For section 113(2) of the Social Services Regulation Act 2021 substitute—

"(2)An authorised officer or independent investigator must not under subsection (1) enter a part of residential premises that is used as a bedroom—

(a)in the case of a bedroom of a service user in residential premises occupied by a provider of a supported residential service or a prescribed residential disability service, unless—

(i)the authorised officer or independent investigator has the consent of the service user to do so; or

(ii)the authorised officer or independent investigator—

(A)considers the entry reasonably necessary for the purposes of monitoring compliance with a provision of this Act, or investigating a possible contravention of this Act, having regard to the matters specified in subsection (2A); and

(B)is unable to obtain the consent of the service user after taking all reasonable steps to do so; or

(b)in any other case, the authorised officer or independent investigator has the consent of the resident of the bedroom to do so.

(2A)The following matters are specified for the purposes of subsection (2)(a)(ii)(A)—

(a)whether entry to the bedroom is necessary to eliminate or reduce an immediate risk of harm to a service user;

(b)the time of the entry;

(c)whether the premises in which the bedroom is located are open to the public at the time of the entry;

(d)whether the purpose of the entry may be achieved by a less intrusive means;

(e)any other matter that the authorised officer or independent investigator reasonably considers appropriate.".

(2)In section 113(3) of the Social Services Regulation Act 2021—

(a)for "occupier of the resident" substitute "occupier or the resident";

(b)in paragraph (b), for "entry." substitute "entry; and";

(c)after paragraph (b) insert—

"(c)the power of the authorised officer or independent investigator to enter a bedroom under subsection (2)(a)(ii) without the consent of the resident.".

(3)In section 113(5) of the Social Services Regulation Act 2021—

(a)in paragraph (a), before "given" insert "for the purposes of subsection (2)(b),";

(b)after paragraph (a) insert—

"(ab)for the purposes of subsection (2)(a), given by the resident's guardian, parent or next of kin if the resident of the bedroom is unable to give consent; and";

(c)in paragraph (b), for "time;" substitute "time; and";

(d)in paragraph (c), before "withdrawn" insert "except in the case of entry under subsection (2)(a)(ii),".

(4)After section 113(6) of the Social Services Regulation Act 2021 insert—

"(7)In this section—

residential premises means premises, or part of premises, occupied by a registered social service provider—

(a)that is used as the private residence of the social service provider or any person employed or engaged by the social service provider; or

(b)that is used as the bedroom of a social service user;

supported residential service means a supported residential service within the meaning given in section 214 that is registered under Part 3.".

243Meaning of supported residential service

After section 214(1)(b) of the Social Services Regulation Act 2021 insert—

"(ba)accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

244Offences by unincorporated bodies, partnerships etc.

In section 294(2) of the Social Services Regulation Act 2021—

(a)in paragraph (zp), for "239(1)" substitute "240(1)";

(b)in paragraph (zy), for "249" substitute "250";

(c)in paragraph (zz), for "250(1)" substitute "251(1)".

245Regulations

For section 316(1)(h)(iii) of the Social Services Regulation Act 2021 substitute—

"(iii)the qualifications, skills and suitability of persons employed or engaged by providers including, but not limited to, persons engaged as volunteers or approved as foster carers;".

246Deemed exclusion decisions

In section 320 of the Social Services Regulation Act 2021, for "section 105 of the Children, Youth and Families Act 2005 that an allegation that a person physically or sexually abused a child is proved" substitute "section 106 of the Children, Youth and Families Act 2005 that a person posed an unacceptable risk of harm to children".

247Definitions

Section 353(4) of the Social Services Regulation Act 2021 is repealed.

248New section 354A inserted

After section 354 of the Social Services Regulation Act 2021 insert—

'354A   Matter may be referred

After section 33(d) of the Disability Act 2006 insert—

"(da)the Social Services Regulator;".'.

249Section 359 repealed

Section 359 of the Social Services Regulation Act 2021 is repealed.

250New sections 367A and 367B inserted

After section 367 of the Social Services Regulation Act 2021 insert—

'367A   Senior Practitioner to notify Secretary or NDIS Commissioner

(1)In the heading to section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

(2)In section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

367BPowers of Public Advocate

In section 141(1)(c)(i) of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".'.

Division 7—Amendment of Supported Residential Services (Private Proprietors) Act 2010

251Meaning of supported residential service

After section 5(1)(ba) of the Supported Residential Services (Private Proprietors) Act 2010 insert—

"(bab)accommodation approved for supervised treatment under section 187 of the Disability Act 2006;".

Division 8—Amendment of Victorian Inspectorate Act 2011

252Definitions

In section 3(1) of the Victorian Inspectorate Act 2011, after paragraph (e) of the definition of detained person insert—

"(ea)a person in accommodation approved for supervised treatment under section 187 of the Disability Act 2006; or".

PART 6—FURTHER AMENDMENT OF OTHER ACTS

Division 1—Residential tenancies

253Accident Compensation Act 1985

In section 99AAA(1) of the Accident Compensation Act 1985, in the definition of supported accommodation, for paragraph (c) substitute—

"(c)an SDA dwelling within the meaning of the Residential Tenancies Act 1997;".

254Crimes Act 1958

In section 52A of the Crimes Act 1958, in the definition of residential service—

(a)before paragraph (b) insert—

"(ac)a short-term accommodation dwelling within the meaning of the Disability Act 2006; and";

(b)in paragraph (ba), for "SDA enrolled dwelling" substitute "SDA dwelling".

255Education and Training Reform Act 2006

In section 1.1.3(1) of the Education and Training Reform Act 2006, in the note at the foot of the definition of school boarding premises—

(a)in paragraph (d)(ii), for "NDIS dwelling" substitute "SDA dwelling";

(b)after paragraph (d)(ii) insert—

"(iia)accommodation provided at a short‑term accommodation dwelling within the meaning of the Disability Act 2006;".

256Guardianship and Administration Act 2019

In section 17(7) of the Guardianship and Administration Act 2019, in the definition of institution—

(a)in paragraph (ca), for "short-term accommodation and assistance dwelling" substitute "short-term accommodation dwelling";

(b)in paragraph (cb), for "SDA enrolled dwelling" substitute "SDA dwelling".

257Independent Broad-based Anti-corruption Commission Act 2011

In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person, for "SDA enrolled dwelling under Part 8 of the Disability Act 2006" substitute "SDA dwelling under Part 8 of the Disability Act 2006".

258Land Tax Act 2005

(1)In section 3(1) of the Land Tax Act 2005, in the definition of SDA enrolled dwelling, for "SDA enrolled dwelling" substitute "SDA dwelling".

(2)In section 56(1A)(b)(iia) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

(3)In section 76A(1)(b) and (3) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

(4)In section 78A(1)(e), (2)(a), (3)(b), (5) and (7) of the Land Tax Act 2005, for "SDA enrolled dwelling" substitute "SDA dwelling".

259Medical Treatment Planning and Decisions Act 2016

In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in the definition of health facility—

(a)before paragraph (ca) insert—

"(caab)a short-term accommodation dwelling within the meaning of the Disability Act 2006; and";

(b)in paragraph (ca), for "SDA enrolled dwelling" substitute "SDA dwelling".

260Social Services Regulation Act 2021

(1)Section 360 of the Social Services Regulation Act 2021 is repealed.

(2)In section 369(1) of the Social Services Regulation Act 2021, after '"provider"' insert "(where thirdly occurring)".

261Transport Accident Act 1986

In section 3(1) of the Transport Accident Act 1986, in the definition of supported accommodation, for paragraph (c) substitute—

"(c)an SDA dwelling within the meaning of the Residential Tenancies Act 1997;".

262Victorian Civil and Administrative Tribunal Act 1998

In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 omit "Form and content of a warrant of possession under section 85B of the Disability Act 2006.".

263Victorian Inspectorate Act 2011

In section 3(1) of the Victorian Inspectorate Act 2011, in paragraph (e) of the definition of detained person, for "SDA enrolled dwelling" substitute "SDA dwelling".

264Workplace Injury Rehabilitation and Compensation Act 2013

In section 223(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, in the definition of supported accommodation, for paragraph (c) substitute—

"(c)an SDA dwelling within the meaning of the Residential Tenancies Act 1997; and".

Division 2—Information sharing

265Child Wellbeing and Safety Act 2005

In item 4 of Schedule 7 to the Child Wellbeing and Safety Act 2005, for "and 39" substitute ", 202AB and 202AC".

266Social Services Regulation Act 2021

(1)In section 207(2)(d) of the Social Services Regulation Act 2021, for "39, 39A and 132ZC" substitute "132ZC, 202AB, 202AC and 202AD".

(2)For section 355 of the Social Services Regulation Act 2021 substitute—

'355   Disclosure, use or transfer of protected information

After section 202AB(4)(m) of the Disability Act 2006 insert—

"(ma)the Social Services Regulator;".

355AUse, transfer or disclosure of information relating to disability services or disability service providers

In section 202AC(1)(f) of the Disability Act 2006, after "section 97" insert "as in force immediately before the commencement of Part 4 of the Social Services Regulation Act 2021".'.

(3)In section 356 of the Social Services Regulation Act 2021, for "section 39A(1)(b)" substitute "section 202AD(1)(b)".

267Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances

After section 141(1) of the Worker Screening Act 2020 insert—

"(1A)The Secretary may make a disclosure under subsection (1)—

(a)on request made by a relevant entity; or

(b)on the Secretary's own initiative.".

Division 3—Residential treatment facilities

268Social Services Regulation Act 2021

Before section 361 of the Social Services Regulation Act 2021 insert—

"360A   Division 1 of Part 6 repealed

Division 1 of Part 6 of the Disability Act 2006 is repealed.".

PART 7—REPEAL OF THIS ACT

269Repeal of this Act

This Act is repealed on 30 July 2025.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 22 March 2023

Legislative Council: 4 May 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Disability Act 2006 in relation to the Secretary's functions, the sharing of information, residential services, restrictive practices, compulsory treatment and other related matters, to amend the Residential Tenancies Act 1997 in relation to SDA enrolled dwellings, to amend the Disability Service Safeguards Act 2018 in relation to registration requirements, to amend the Social Services Regulation Act 2021 in relation to interviews and hearings for WCES service users, powers of entry and other related matters, to make consequential amendments to other Acts and for other purposes."