Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020 (Vic)

Version No. 001

Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020

S.R. No. 60/2020

Version as at

1 July 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Treatment plan taken to be NDIS behaviour support plan

6Treatment plans of SDA residents

7Undetermined applications for treatment orders

8Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020

S.R. No. 60/2020

Version as at

1 July 2020

1Objective

The objective of these Regulations is to further provide for transitional matters arising out of amendments made to the Disability Act 2006 in relation to supervised treatment orders by the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019.

2Authorising provision

These Regulations are made under section 241 of the Disability Act 2006.

3Commencement

These Regulations come into operation on 1 July 2020.

4Definition

In these Regulations—

the Act means the Disability Act 2006.

5Treatment plan taken to be NDIS behaviour support plan

If—

(a)a person is an NDIS participant; and

(b)the person is subject to a supervised treatment order obtained by a disability service provider; and

(c)the treatment plan developed in relation to the person under Division 5 of Part 8 of the Act authorises the use of a regulated restricted practice by a registered NDIS provider—

the treatment plan is taken to be an NDIS behaviour support plan for the purposes of Part 6B of the Act to the extent that the treatment plan authorises the use of a regulated restrictive practice by the registered NDIS provider.

Note

Section 132ZQ of the Act specifies that a registered NDIS provider must not use a regulated restrictive practice on an NDIS participant unless the matters specified in that section are satisfied. One of those matters includes that the Authorised Program Officer for the registered NDIS provider has authorised the use of the regulated restrictive practice on the NDIS participant under section 132ZR of the Act.

6Treatment plans of SDA residents

If immediately before the day a person becomes an SDA resident living in an SDA enrolled dwelling under an SDA residency agreement the person is subject to a supervised treatment order obtained by a disability service provider, and has an NDIS behaviour support plan, on and from that day—

(a)the treatment plan attached to the supervised treatment order is taken to be the NDIS behaviour support plan and treatment plan for the purposes of Divisions 5 and 7 of Part 8 of the Act; and

(b)the Authorised Program Officer of the registered NDIS provider providing supported independent living services to the person is taken to be the Authorised Program Officer of the disability service provider who obtained the supervised treatment order for the purposes of Division 5 of Part 8 of the Act; and

(c)the registered NDIS provider in implementing the supervised treatment order must comply with the requirements of Division 7 of Part 8 of the Act; and

(d)the relevant place at which the person is to reside referred to in section 193(3)(b) of the Act is taken to be the SDA enrolled dwelling at which the person is residing under an SDA residency agreement; and

(e)the supervised treatment order continues in force until it expires or is revoked under section 196 or 196A of the Act.

7Undetermined applications for treatment orders

If immediately before the day a person becomes an SDA resident living in an SDA enrolled dwelling under an SDA residency agreement the person is subject to an application for a supervised treatment order by a disability service provider under section 191(1) of the Act and the disability service provider is also a registered NDIS provider, on and from that day—

(a)the application is taken to be an application by a registered NDIS provider under section 191(1A) of the Act; and

(b)the certificate given by the Senior Practitioner under section 191(3) of the Act is taken to be a certificate specifying that the person is an SDA resident living in an SDA enrolled dwelling provided under an SDA residency agreement; and

(c)the person's treatment plan is taken to be an NDIS behaviour support plan for the purposes of Divisions 5 and 7 of Part 8 of the Act.

8Expiry

These Regulations expire on 1 July 2021.

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Endnotes

1   General information

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

The Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020, S.R. No. 60/2020 were made on 30 June 2020 by the Governor in Council under section 241 of the Disability Act 2006, No. 23/2006 and came into operation on 1 July 2020: regulation 3.

The Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020 will expire on 1 July 2021: see regulation 8.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Disability (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) Transitional Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.