Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 (Vic)

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

No. 19 of 2019

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Disability Act 2006

Division 1—National Disability Insurance Scheme stage 1 amendments

3Principal Act

4Definitions

5Secretary's powers in relation to land

6Committee of management

7Record of dealings

8Constitution of the Disability Services Board

9Admission to a residential treatment facility

10Transfer of person with an intellectual disability from a prison

11Termination of a security order

12Death of security resident

13Request for transfer to prison

14Notice of transfer of security resident to another residential treatment facility or residential institution

15Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

16Provision of staff services

17Repeal of spent provisions

Division 2—National Disability Insurance Scheme stage 2 amendments

18Purpose

19Definitions

20Objectives of Act

21Principles

22Provision of advice, notification or information under this Act

23Role and functions of the Secretary

24Functions of the Disability Services Commissioner

25Powers of the Disability Services Commissioner

26Annual report

27The Senior Practitioner

28Functions of the Senior Practitioner

29Power of Senior Practitioner to delegate

30Special powers of the Senior Practitioner

31Functions of a community visitor

32New section 30A inserted

33Matter may be referred

34Reports by community visitors and secrecy provision

35Information systems and disclosure, use and transfer of information

36New section 39A inserted

37Registration

38Revocation of registration

39Section 44 substituted

40Application for review

41Certain persons or bodies deemed or may be deemed to be registered as disability service providers

42New section 48A inserted

43New section 103A inserted

44New section 106AA inserted

45Application of Division 6 of Part 6

46References to service provider

47What matters can be the subject of a complaint?

48New section 127 inserted

49Commissioner initiated investigations

50New section 128GA inserted

51Referral investigations

52New section 128NA inserted

53Visiting of residential service

54Powers of inspection

55New section 130A inserted

56Request to see a community visitor

57New section 131A inserted

58Record of visits

59New section 132AA inserted

60Visit and inspection of premises

61Powers during visit and inspection

62Assistance to be provided

63New section 132ZCA inserted

64New Parts 6A and 6B inserted

65Part 7 heading substituted

66Purpose and application of Part

67Section 134 amended

68Approval to use restrictive interventions

69Revocation of approval

70Notice before refusal or revocation

71Application for review

72Authorised Program Officers

73New section 139A inserted

74Use of restraint and seclusion

75Use of restraint and seclusion must be included in behaviour support plan

76Review of behaviour support plan by disability service provider

77Independent person

78Powers of Public Advocate

79Requirements for the use of restraint and seclusion

80New section 145A inserted

81Review by VCAT

82Use of restraint or seclusion in an emergency

83New section 147A inserted

84Reports

85Section 149 substituted

86Use of other restrictive interventions

87Authorised Program Officer must prepare treatment plan

88Preparation of treatment plan

89Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

90Heading to Division 5 of Part 8 amended

91Purpose of Division

92New section 184 inserted

93Heading to section 185 amended

94Approval to use supervised treatment

95Heading to section 187 amended

96Heading to section 188 amended

97Heading to section 189 amended

98Heading to section 190 amended

99New section 190A inserted

100Application for a supervised treatment order

101Heading to section 192 substituted

102Supervised treatment order

103Supervision of supervised treatment order

104Application for review, variation or revocation

105Application for determination regarding expiry of supervised treatment order

106New section 196B inserted

107Senior Practitioner may make assessment order

108New section 199B inserted

109Apprehension of person subject to a supervised treatment order absent without approval

110Heading to Division 6 of Part 8 substituted

111Purpose and application of Division

112Use of restrictive interventions

113Authorised Program Officers

114Use of restraint and seclusion

115Use of restraint and seclusion must be included in treatment plan

116Reports

117New section 201FA inserted

118Offence

119Use of other restrictive interventions

120New section 201I inserted

121New Division 7 of Part 8 inserted

122False and misleading statements

123Delegation

124Evidentiary

125New Division 4 of Part 10 inserted

Division 3—Other miscellaneous amendments

Subdivision 1—Residential institution amendments

126Definitions

127Persons with an intellectual disability

128Planning for persons with an intellectual disability

129Division 3 of Part 5 repealed

130Visiting of residential service

131Security conditions

132Apprehension of resident absent without leave

133Transfer of resident to another residential treatment facility or a residential institution

134Transfer of person with an intellectual disability from a prison

135Preparation of treatment plan

136Annual review of security order and treatment plan

137Application for review of treatment plan

138Sections 170 to 174 and 178 repealed

139Death of security resident

140Request for transfer to prison

141Notice of transfer of security resident to another residential treatment facility or residential institution

142Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

143Status of forensic residents

144New section 242 inserted

Subdivision 2—SDA related amendments

145Definitions

Subdivision 3—Residential Tenancies Amendment Act 2018 related amendments

146Amendments consequential on commencement of section 5 of Residential Tenancies Amendment Act 2018

Part 3—Amendment of Residential Tenancies Act 1997

Division 1—SDA residents—tenancy agreements

147New Subdivision 2A of Division 1 of Part 6 inserted

148Reduced period of notice of intention to vacate in certain circumstances

149Further functions of Director in relation to SDA enrolled dwellings

Division 2—Amendment of Part 12A

150Definitions—Part 12A

151When does Part not apply to occupation of SDA enrolled dwelling

152Division 2 heading amended

153Information statement required to be given to SDA resident

154New section 498DA inserted

155Explaining notices or information given to SDA residents under this Part

156New section 498EA inserted

157Agreement for provision of SDA enrolled dwelling

158Working with SDA resident to establish an SDA residency agreement

159Copy of SDA residency agreement to be made available to SDA resident

160SDA residency agreements to be in standard form

161Harsh and unconscionable terms

162New Division 3A inserted in Part 12A

163Duties of SDA provider

164Duties of SDA resident

165Application and definition

166Application to Tribunal for urgent repairs

167Application to Tribunal for non-urgent repairs

168What can the Tribunal order?

169Entry of SDA enrolled dwelling

170Grounds for entry of SDA enrolled dwelling

171Manner of entry

172Notice of increase in rent

173Limit on payment in advance

174Where and how is rent to be paid?

175Receipts for rent

176SDA resident's goods not to be taken for rent

177Certain charges prohibited

178SDA provider's liability for various utility charges

179SDA provider must not seek overpayment for utility charge

180Definitions—compensation and compliance

181Breach of duty notice

182Matters which may be considered by Tribunal

183Orders of Tribunal

184Notice of temporary relocation

185Termination of SDA residency agreement

186New section 498ZWA inserted

187Notice to vacate by SDA provider

188Notice of intention to vacate by SDA resident

189Withdrawal of notice

190New section 498ZZCA inserted

191Notice to vacate by mortgagee

192Application for possession order by mortgagee

193Order of Tribunal

194 New section 498ZZHA inserted

195 Contents of possession order

196Order not to be made in certain circumstances

197Section 498ZZV substituted

198Reclaiming personal documents before disposal

199Disposal of certain goods left behind

200Section 498ZZZD substituted

201Section 498ZZZE repealed

202Sections 498ZZZF and 498ZZZG substituted

203Section 498ZZZH repealed

204Section 498ZZZM substituted

205What orders can the Tribunal make?

206Offence relating to entering SDA enrolled dwelling

207Offence to obtain possession etc. of SDA enrolled dwelling

208New section 498ZZZPA inserted

209Offence to make false representation—SDA residency agreement

210Offence to persuade person not to exercise rights or take proceedings

211Offence to aid, abet, counsel or procure commission of an offence

212Certain penalties prohibited

Division 3—Other miscellaneous amendments

213Notice of revocation of registration or enrolment

214Service of documents

Division 4—SDA residents—residential rental agreement

215New Subdivision 3A inserted in Division 9 of Part 2

216Reduced period of notice of intention to vacate in certain circumstances

217New section 420D inserted

Part 4—Amendment of other Acts

Division 1—Amendment of Disability Service Safeguards Act 2018

218Definitions

219Delegation

220Establishment and constitution of the Victorian Disability Worker Commission

221Repeal of section 24

222Delegation

223Appointment of Victorian Disability Worker Commissioner

224Duties, functions and powers of the Commissioner

225New section 32A inserted

226Investigation of complaints by Commission

227Power of Commission to conduct a Commission initiated investigation

228Grounds on which interim prohibition order may be made

229Grounds on which prohibition order may be made

230Registered disability worker or disability student to give Board notice of certain events

231Board may ask registered disability worker for information

232Disclosure of information to other relevant entities

233NDIS worker screening check clearance

234Repeal of sections 300 and 301

235Section 309 substituted

236Statute law revision

Division 2—Amendment of Residential Tenancies Amendment Act 2018

237Definitions

238 New section 486A inserted

239Repeal of sections 387 and 388

Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

240Definitions

241Supervision orders

242Warrant to arrest person subject to custodial supervision order who leaves Victoria

243Reports on mental condition of persons declared liable to supervision

244Certificate of available services

245What are the surrounds?

246Transfer of persons from a participating State to Victoria

247Interim disposition order

Division 4—Amendment of Mental Health Act 2014

248Definitions

249Functions of the Commissioner

250Referred complaints

251New Division 2 inserted in Part 16A

Division 5—Amendment of other Acts

252Child Wellbeing and Safety Act 2005

253Children's Services Act 1996

254Children, Youth and Families Act 2005

255Commission for Children and Young People Act 2012

256Corrections Act 1986

257Crimes Act 1958

258Criminal Procedure Act 2009

259Family Violence Protection Act 2008

260Gambling Regulation Act 2003

261Guardianship and Administration Act 1986

262Guardianship and Administration Act 2019

263Health Complaints Act 2016

264Health Records Act 2001

265Independent Broad-based Anti-corruption Commission Act 2011

266Medical Treatment Planning and Decisions Act 2016

267Ombudsman Act 1973

268Public Administration Act 2004

269Sentencing Act 1991

270Serious Offenders Act 2018

271Summary Offences Act 1966

272Working with Children Act 2005

273Victorian Civil and Administrative Tribunal Act 1998

274Victorian Inspectorate Act 2011

275Voluntary Assisted Dying Act 2017

Part 5—Repeal of this Act

276Repeal of this Act

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Endnotes

1      General information

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

No. 19 of 2019

[Assented to 25 June 2019]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Disability Act 2006—

(i)to provide a process by which the use of regulated restrictive practices is authorised; and

(ii)to enable the Senior Practitioner to give directions to registered NDIS providers; and

(iii)to provide for the use, transfer and disclosure of information about registered NDIS providers and NDIS participants; and

(iv)to streamline the process by which disability service providers intending to provide services under the NDIS may be deregistered; and

(v)to provide further for the access and inspection rights of a community visitor in relation to NDIS dwellings; and

(vi)to repeal provisions relating to residential institutions; and

(b)to amend the Residential Tenancies Act 1997—

(i)to enable an SDA resident to seek relief if the SDA resident has been coerced or deceived into entering a tenancy agreement; and

(ii)to make the penalty and offence provisions in Part 12A consistent with amendments made by the Residential Tenancies Amendment Act 2018; and

(iii)to provide further for regulatory oversight of SDA residency agreements by the Director of Consumer Affairs Victoria; and

(iv)to provide protections for persons with complex needs who require specialist disability accommodation, against eviction into homelessness; and

(v)to make amendments to Part 12A generally to align further those provisions with provisions providing for tenancy agreements and residential rental agreements in the Residential Tenancies Act 1997; and

(c)to make consequential and other related amendments to various other Acts.

2Commencement

(1)This Part, Division 1 of Part 2, Divisions 1 and 2 of Part 4 and sections 259 and 269 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 262(1) comes into operation on the later of—

(a)the day on which section 17(7) of the Guardianship and Administration Act 2019 comes into operation; or

(b)the day on which section 293 of the Disability Service Safeguards Act 2018 comes into operation.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

Part 2—Amendment of the Disability
Act 2006

Division 1—National Disability Insurance Scheme stage 1 amendments

3Principal Act

In this Part, the Disability Act 2006 is called the Principal Act.

4Definitions

(1)In section 3(1) of the Principal Act, in the definition of Department, after "of" insert "Health and".

(2)Section 3(2) of the Principal Act is repealed.

5Secretary's powers in relation to land

(1)In section 10A(2) of the Principal Act, after "Department of" insert "Health and".

(2)In section 10A(3) of the Principal Act, after 'Services"' insert 'or "Secretary to the Department of Health and Human Services"'.

6Committee of management

(1)In section 10B(1) of the Principal Act, after "Department of" insert "Health and".

(2)In section 10B(2) of the Principal Act—

(a)for "Any" substitute "On and after the day on which section 6 of the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 comes into operation, any";

(b)after "Department of" insert "Health and".

7Record of dealings

(1)In section 10C(1) and (3) of the Principal Act, after "Department of" insert "Health and".

(2)In section 10C(2) of the Principal Act, after 'Services"' (where twice occurring) insert 'or "Secretary to the Department of Health and Human Services"'.

8Constitution of the Disability Services Board

(1)In section 20(6) of the Principal Act, for "Each" substitute "Subject to subsection (6A), each".

(2)After section 20(6) of the Principal Act insert—

"(6A)The term of a member's office may be extended once for a period not exceeding 3 years.".

9Admission to a residential treatment facility

In section 152(4)(b) of the Principal Act, after "Justice" insert "and Community Safety".

10Transfer of person with an intellectual disability from a prison

(1)In section 166(1) and (8) of the Principal Act, after "Justice" insert "and Community Safety".

(2)In section 166(3) of the Principal Act, after "Justice" (wherever occurring) insert "and Community Safety".

(3)In section 166(4) and (6) of the Principal Act, after "Justice" insert "and Community Safety".

(4)In section 166(7) of the Principal Act, after "Justice" (where twice occurring) insert "and Community Safety".

11Termination of a security order

In section 175(3) of the Principal Act, after "Justice" insert "and Community Safety".

12Death of security resident

In section 176 of the Principal Act, after "Justice" insert "and Community Safety".

13Request for transfer to prison

In section 177(2) and (3) of the Principal Act, after "Justice" insert "and Community Safety".

14Notice of transfer of security resident to another residential treatment facility or residential institution

In section 179 of the Principal Act, after "Justice" insert "and Community Safety".

15Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

In section 180(1), (2), (3), (5), (7) and (8) of the Principal Act, after "Justice" (wherever occurring) insert "and Community Safety".

16Provision of staff services

In section 205(1) of the Principal Act omit "providing disability services".

17Repeal of spent provisions

Sections 223, 224, 227(3), 228, 229 and 231 of the Principal Act are repealed.

Division 2—National Disability Insurance Scheme stage 2 amendments

18Purpose

For section 1 of the Principal Act substitute—

"1   Purposes

The main purposes of this Act are—

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

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

19Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

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

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

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

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

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

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

NDIS dwelling means—

(a)an SDA enrolled dwelling; and

(b)a short-term accommodation and assistance dwelling;

NDIS participant's guardian means—

(a)the NDIS participant's guardian—

(i)appointed under the Guardianship and Administration Act 1986; or

(ii)appointed by the court; or

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

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

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

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

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

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

NDIS worker screening check means the assessment of whether a person who provides, or seeks to provide, services under the NDIS poses a risk to NDIS participants;

NDIS worker screening legislation means legislation of a State or Territory which gives effect to the undertaking of that State or Territory in subclause 20(a) of the Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme made between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, commencing from 1 July 2018;

NDIS worker screening unit means the person or body which is responsible for conducting NDIS worker screening checks for a State or Territory under its NDIS worker screening legislation;

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

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

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

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

SDA recipient means an NDIS participant who is funded to reside in an SDA enrolled dwelling;

SDA resident's guardian means—

(a)the SDA resident's guardian—

(i)appointed under the Guardianship and Administration Act 1986; or

(ii)appointed by the court; or

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

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

short-term accommodation and assistance dwelling means accommodation for an NDIS participant—

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

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

Supported Independent Living provider means a registered NDIS provider that provides supported independent living assistance;".

(2)In section 3(1) of the Principal Act—

(a)in the definition of Authorised Program Officer, after paragraph (b) insert—

"(c)in relation to a registered NDIS provider, a person appointed as an Authorised Program Officer by the registered NDIS provider and whose appointment is approved by the Senior Practitioner;";

(b)in the definition of detain, after "Part 8," insert "means a form of restrictive practice used on a person for the purpose of reducing the risk of violence or the significant risk of serious harm the person presents to another person and";

(c)for the definition of mechanical restraint substitute—

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

(d)in the definition of NDIA, for "National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS Act";

(e)for the definition of seclusion substitute—

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

(f)in the definition of treatment plan, after "disability" insert "or an NDIS participant".

(3)In section 3(1) of the Principal Act—

(a)the definition of chemical restraint is repealed;

(b)the definition of restraint is repealed;

(c)the definition of restrictive intervention is repealed.

20Objectives of Act

(1)In section 4(g) of the Principal Act, for "services." substitute "services;".

(2)After section 4(g) of the Principal Act insert—

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

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

21Principles

(1)In section 5(2)(a) of the Principal Act, for "respect" substitute "be given respect".

(2)After section 5(3) of the Principal Act insert—

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

(a)respects the privacy and dignity of NDIS participants; and

(b)promotes the upholding of the rights, dignity, wellbeing and safety of NDIS participants; and

(c)does not—

(i)tolerate abuse, neglect or exploitation of NDIS participants; or

(ii)normalise abuse, neglect or exploitation of NDIS participants.".

(3)In section 5(4) of the Principal Act, after "disability" insert "or an NDIS participant".

(4)After section 5(5) of the Principal Act insert—

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

22Provision of advice, notification or information under this Act

(1)In section 7(1) of the Principal Act—

(a)after "a person with a disability" insert "or an NDIS participant";

(b)after "the person with a disability" insert "or the NDIS participant".

(2)In section 7(3) of the Principal Act—

(a)after "a person" insert "with a disability or an NDIS participant";

(b)after "disability service provider" insert "or an NDIS provider, as the case requires,";

(c)after "the person" (where twice occurring) insert "with a disability or NDIS participant".

(3)In section 7(4) of the Principal Act—

(a)after "disability service provider" (where first occurring) insert "or NDIS provider, as the case requires,";

(b)in paragraph (a), after "disability" insert "or NDIS participant";

(c)in paragraph (b), for "if" substitute "in the case of a person with a disability, if";

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

(e)after paragraph (b) insert—

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

23Role and functions of the Secretary

(1)After section 8(1)(c) of the Principal Act insert—

"(ca)set requirements in relation to screening of persons employed or engaged, or to be employed or engaged, by disability service providers or registered NDIS providers for the purpose of providing services to persons with a disability or NDIS participants, as the case requires;".

(2)In section 8(2)(j) of the Principal Act, after "disability" insert "and NDIS participants".

24Functions of the Disability Services Commissioner

At the end of section 16 of the Principal Act insert—

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

25Powers of the Disability Services Commissioner

After section 17(1) of the Principal Act insert—

"(1A)In performing functions under this Act, the Disability Services Commissioner may exercise any power referred to in subsection (1)(a), (b), (c), (d), (da) and (g) in relation to a former disability service provider or former regulated service provider to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.".

26Annual report

After section 19(3) of the Principal Act insert—

"(3A)A reference to a service provider in subsections (2) and (3) includes a reference to a former disability service provider or a former regulated service provider, to the extent that Divisions 6, 6A, 6B, 6C, 8 and 9 of Part 6 apply to the former disability service provider or former regulated service provider, as the case requires.".

27The Senior Practitioner

In section 23(2)(a) of the Principal Act, for "restrictive interventions" (where twice occurring) substitute "restrictive practices".

28Functions of the Senior Practitioner

(1)In section 24(1)(a), (b) and (h) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

(2)In section 24(1)(c) of the Principal Act—

(a)after "disability" insert "and NDIS participants";

(b)for "restrictive interventions" substitute "restrictive practices".

(3)In section 24(1)(g) of the Principal Act—

(a)for "restrictive interventions" substitute "restrictive practices";

(b)after "providers" insert "and registered NDIS providers".

(4)For section 24(1)(d) and (e) of the Principal Act substitute—

"(d)to provide advice to disability service providers and registered NDIS providers to improve practice in relation to the use of restrictive practices and compulsory treatment;

(e)to give directions to disability service providers and registered NDIS providers about one or more of the following, as the case requires—

(i)restrictive practices;

(ii)compulsory treatment;

(iii)behaviour support plans;

(iv)treatment plans;".

(5)In section 24(2)(b) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

29Power of Senior Practitioner to delegate

In section 25(2)(a) of the Principal Act, after "disability" insert "and NDIS participants".

30Special powers of the Senior Practitioner

(1)For section 27(1)(a) of the Principal Act substitute—

"(a)in respect of the use of restrictive practices or compulsory treatment by a disability service provider or a registered NDIS provider; or".

(2)In section 27(1)(b) of the Principal Act—

(a)for "restrictive interventions" substitute "restrictive practices";

(b)after "service" insert "or a service provided by a registered NDIS provider".

(3)In section 27(2) of the Principal Act—

(a)in paragraph (a), before "visit" insert "in the case of a disability service provider,";

(b)after paragraph (a) insert—

"(ab)in the case of a registered NDIS provider, visit and inspect any place (other than a place or part of a place used as a private residence that is not an NDIS dwelling) where services are provided under the NDIS;";

(c)in paragraph (b)—

(i)after "(a)" insert "or (ab)";

(ii)for "restrictive intervention" substitute "restrictive practice";

(d)in paragraph (c), for "restrictive interventions" substitute "restrictive practices";

(e)in paragraphs (d) and (e), for "restrictive intervention" substitute "restrictive practice";

(f)for paragraph (f) substitute—

"(f)request a disability service provider or an NDIS provider, as the case requires, to provide information about any restrictive practice or compulsory treatment;";

(g)in paragraph (g)—

(i)after "provider" insert "or registered NDIS provider";

(ii)for "restrictive intervention" substitute "restrictive practice".

(4)In section 27(5) of the Principal Act, after "disability" insert "or the NDIS participant, as the case requires,".

(5)After section 27(5) of the Principal Act insert—

"(5A)The Senior Practitioner may notify the NDIS Commissioner of any matter relating to an NDIS provider that has come to the Senior Practitioner's attention in the course of exercising a power or performing a function or duty under this Act.

(5B)The Senior Practitioner may prohibit the use of restrictive practices or a specified form of restrictive practice on—

(a)persons with a disability; or

(b)NDIS participants; or

(c)persons belonging to a specified class of persons with a disability or NDIS participants—

by one or more of the following—

(d)disability service providers;

(e)registered NDIS providers;

(f)a person belonging to a specified class of disability service providers or registered NDIS providers.

(5C)Notice of a prohibition referred to in subsection (5B) must be—

(a)published on the Department's internet site; and

(b)given to each applicable provider referred to in that subsection.".

(6)For section 27(6) of the Principal Act substitute—

"(6)On the request of the Senior Practitioner, the following persons must provide the Senior Practitioner with any reasonable assistance that the Senior Practitioner requires to perform or exercise a power, duty or function under this Act—

(a)a disability service provider;

(b)a registered NDIS provider;

(c)a member of the staff or management of a disability service provider;

(d)a member of the staff or management of a registered NDIS provider.".

(7)In section 27(7) of the Principal Act, for "A disability service provider or member of the staff or management of a disability service provider" substitute "A person referred to in subsection (6)".

31Functions of a community visitor

(1)In the heading to section 30 of the Principal Act, after "visitor" insert "in respect of premises where residential services are provided".

(2)In section 30(f) of the Principal Act, for "restrictive interventions" substitute "restrictive practices".

32New section 30A inserted

After section 30 of the Principal Act insert—

"30A   Functions of a community visitor in respect of NDIS dwellings

(1)The functions of a community visitor in respect of an SDA enrolled dwelling that is the dwelling of an SDA resident in accordance with an SDA residency agreement are to visit the dwelling and to inquire into—

(a)the appropriateness and standard of the SDA enrolled dwelling for the SDA resident; and

(b)the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and

(c)whether the SDA enrolled dwelling is being provided in accordance with the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(d)whether information is being provided to the SDA resident as required by the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(e)any case of suspected abuse or neglect of the SDA resident; and

(f)the use of a restrictive practice or compulsory treatment on the SDA resident; and

(g)any failure by the SDA provider to comply with this Act, the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(h)any complaint made to a community visitor by the SDA resident.

(2)The functions of a community visitor in respect of a short-term accommodation and assistance dwelling and support provided by a registered NDIS provider to an NDIS participant at the short-term accommodation and assistance dwelling are to visit the dwelling and to inquire into—

(a)the appropriateness and standard of the short-term accommodation and assistance dwelling for the NDIS participant; and

(b)the adequacy of opportunities for inclusion and participation by the NDIS participant in the community; and

(c)whether the short-term accommodation and assistance dwelling is being provided in accordance with the principles specified in section 4 of the NDIS Act; and

(d)whether information is being provided to the NDIS participant as required by this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(e)any case of suspected abuse or neglect of the NDIS participant; and

(f)the use of a restrictive practice or compulsory treatment on the NDIS participant; and

(g)any failure by the registered NDIS provider to comply with the provisions of this Act, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(h)any complaint made to a community visitor by the NDIS participant.

(3)Subject to subsection (4), the functions of a community visitor in respect of an SDA enrolled dwelling let under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997), are to visit the dwelling and to inquire into—

(a)the appropriateness and standard of the SDA enrolled dwelling for the SDA resident; and

(b)the adequacy of opportunities for inclusion and participation by the SDA resident in the community; and

(c)whether the SDA enrolled dwelling is being provided in accordance with the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(d)whether information is being provided to the SDA resident as required by the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(e)any case of suspected abuse or neglect of the SDA resident; and

(f)the use of a restrictive practice or compulsory treatment on the SDA resident; and

(g)any failure by the SDA provider to comply with this Act, the Residential Tenancies Act 1997, the NDIS Act and any regulations, rules or instruments made under the NDIS Act; and

(h)any complaint made to the community visitor by an SDA resident.

(4)A community visitor must not perform any functions under subsection (3) unless one of the following persons has requested that a community visitor visit the SDA enrolled dwelling in accordance with section 131A for the purposes of the community visitor exercising functions under subsection (3)—

(a)an SDA resident living in the SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997); or

(b)a person on behalf of an SDA resident living in the SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997) with the SDA resident's consent.".

33Matter may be referred

In section 33 of the Principal Act—

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

(b)after paragraph (d) insert—

"(e)the NDIS Quality and Safeguards Commission;

(f)the NDIA;

(g)the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012.".

34Reports by community visitors and secrecy provision

(1)In section 34(1) of the Principal Act, after "premises" insert "or NDIS dwellings".

(2)In section 36(2)(a) of the Principal Act, after "this Act" insert "or the Residential Tenancies Act 1997".

35Information systems and disclosure, use and transfer of information

(1)For section 39(2)(b) of the Principal Act substitute—

"(b)a disability service provider;

(ba)a former disability service provider;

(bb)a person who is, or has been, employed or engaged by a disability service provider or former disability service provider;

(bc)a person who otherwise provides, or has provided, services under this Act;".

(2)In section 39(3) of the Principal Act—

(a)after "A person" insert "or body";

(b)for "any person any" substitute "any other person or body any";

(c)for "in his or her" substitute "or body in their".

(3)After section 39(3) of the Principal Act insert—

"(3A)Despite anything to the contrary in subsection (3), a person or body referred to in subsection (2) may disclose information about disability services or regulated disability services provided to a person with a disability to the following—

(a)the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;

(b)the Secretary to the department for which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.".

(4)In section 39(4) of the Principal Act—

(a)in paragraph (d)—

(i)after "another person" insert "or body";

(ii)after "other person" insert "or body";

(b)in paragraph (e), after "any person" insert "or body";

(c)in paragraph (l), after "person" insert "or body";

(d)in paragraph (m), for "National Disability Insurance Scheme, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth" substitute "NDIS";

(e)for paragraph (n) substitute—

"(n)to the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;

(o)to the Secretary to the department for which the Minister responsible for the Commonwealth Continuity of Support Programme is responsible.".

(5)For section 39(6) of the Principal Act substitute—

"(6)Despite anything to the contrary in subsection (3), any person or body is authorised, for any purpose for or with respect to the NDIS or its implementation, to use the following information or to transfer or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person or body or any person or body of a prescribed class of person or body—

(a)information about—

(i)disability services, regulated disability services or any prescribed services;

(ii)services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services;

(b)information about the provision of disability services or regulated disability services, including information about the services any person requires, the carer of a person or any support structure of a person;

(c)information about any persons who are or were employed or engaged for the purpose of providing disability services or regulated disability services or services under the NDIS;

(d)information about persons who received or are receiving disability services, regulated disability services or services under an NDIS plan;

(e)information about current and former disability service providers, regulated service providers or NDIS providers;

(f)information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97;

(g)information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services;

(h)information about complaints relating to disability services or regulated disability services;

(i)information about the use of restrictive practices or compulsory treatment.".

(6)In section 39(9) of the Principal Act, after "Subsections" insert "(3A),".

36New section 39A inserted

After section 39 of the Principal Act insert—

"39A   Disclosure of information about worker screening

(1)The Secretary is authorised to transfer or disclose any information about worker screening to the following in relation to a person who provided, provides, or seeks to provide, disability services or services in accordance with an NDIS plan—

(a)the NDIS Quality and Safeguards Commission;

(b)the Disability Worker Registration Board of Victoria within the meaning of the Disability Service Safeguards Act 2018;

(c)the Victorian Disability Worker Commission within the meaning of the Disability Service Safeguards Act 2018;

(d)an NDIS worker screening unit;

(e)the Secretary to the Department of Justice and Community Safety, for the purpose of assessing or re-assessing an application for a working with children check within the meaning of the Working with Children Act 2005;

(f)the relevant disability service provider;

(g)the relevant registered NDIS provider.

(2)For the purposes of subsection (1)—

information about worker screening means one or more of the following—

(a)whether or not the person has been assessed by an NDIS worker screening unit and—

(i)has been issued an exclusion by an NDIS worker screening unit; or

(ii)has had a clearance suspended or revoked by an NDIS worker screening unit; or

(iii)is the subject of an interim bar in relation to an NDIS worker screening check; or

(b)whether or not the person is the subject of a banning order made under section 73ZN of the NDIS Act or a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act;

(c)whether or not a complaint or notification has been made under the Disability Service Safeguards Act 2018 about the person and, if so, the details of the complaint or notification and any action taken in relation to that complaint or notification under Part 8 or 9 of that Act;

(d)whether or not the person has committed a prescribed offence within the meaning of the Disability Service Safeguards Act 2018;

(e)whether or not the Secretary has information relating to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants and, if so, that information which includes but is not limited to the following—

(i)whether or not a person has been assessed as posing an unacceptable risk to persons with a disability or NDIS participants;

(ii)whether or not a notification or complaint has been made about the person that is relevant to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants;

(iii)details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii);

(iv)whether or not the person has been screened in relation to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants.".

37Registration

In section 41(2) of the Principal Act—

(a)after "impose" insert "at any time";

(b)after "provider" insert "and may vary at any time any condition or restriction so imposed or impose a new condition or restriction".

38Revocation of registration

For section 43(1) of the Principal Act substitute—

"(1)The Secretary may revoke the registration of a disability service provider if—

(a)the disability service provider has made a written application to the Secretary for the registration to be revoked; or

(b)the disability service provider is a registered NDIS provider and—

(i)has not received or has ceased receiving funds for the provision of disability services under this Act; or

(ii)is not a party to a contract with the Secretary under section 10 to provide services to a person with a disability; or

(c)in any other case, the Secretary considers it appropriate to do so.".

39Section 44 substituted

For section 44 of the Principal Act substitute—

"44   Notice before refusal or revocation

(1)The Secretary must not refuse an application under section 40 or 42 unless the Secretary—

(a)has given a written notice to the person or disability service provider, as the case requires, making the application that specifies—

(i)the proposed decision and the reasons for the proposed decision; and

(ii)that the person or disability service provider, as the case requires, may make a submission in writing within 14 days after the notice is given; and

(b)has considered any submission made by the person or disability service provider.

(2)The Secretary must not revoke a registration under section 43(1)(b) or (c) unless the Secretary—

(a)has given a written notice to the disability service provider that specifies—

(i)the proposed decision and the reasons for the proposed decision; and

(ii)that the disability service provider may make a submission in writing within 14 days after the notice is given; and

(b)has considered any submission made by the disability service provider.

(3)If the Secretary revokes a registration under section 43(1)(a) or (b), the disability service provider must give to every person to whom it provides disability services a written notice containing any information required by the Secretary.".

40Application for review

In section 45(1)(c) of the Principal Act, for "section 43(1)" substitute "section 43(1)(c)".

41Certain persons or bodies deemed or may be deemed to be registered as disability service providers

(1)For the heading to section 48 of the Principal Act substitute—

"Certain persons or bodies deemed to be registered or may be registered as disability service providers".

(2)In section 48(2) of the Principal Act, for "until" substitute "irrespective of whether or not".

(3)For section 48(3) of the Principal Act substitute—

"(3)Despite anything to the contrary in section 41(1) and subject to subsection (4), the Secretary may register as a disability service provider—

(a)a person or body; or

(b)a person or body belonging to a class of persons or bodies specified in the relevant notice referred to in subsection (6).

(4)The Secretary may impose a condition on a registration referred to in subsection (3) that the operation of the registration is limited to those provisions of this Act that are specified in the notice referred to in subsection (5) or (6), as the case requires.

(5)Before registering a person or body under subsection (3)(a), the Secretary must give written notice to the person or body of the Secretary's intention to register the person or body.

(6)Before registering a person or body under subsection (3)(b), the Secretary must publish in the Government Gazette notice of the Secretary's intention to register as disability service providers, persons or bodies belonging to a specified class of persons or bodies.".

42New section 48A inserted

After section 48 of the Principal Act insert—

"48A   Secretary may exempt disability service providers from requirements

(1)The Secretary may exempt a disability service provider from complying with any requirement of this Act that is specified in a written notice provided to the disability service provider.

(2)The Secretary, by notice published in the Government Gazette, may exempt disability service providers belonging to a class of disability service providers from complying with any requirement of this Act that is specified in the notice.".

43New section 103A inserted

After the heading to Division 5 of Part 6 of the Principal Act insert—

"103A   Application of Division and references

(1)This Division applies to—

(a)a disability service provider; and

(b)a former disability service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the lapse or revocation of its registration.

(2)A reference in this Division (other than in section 105) to a disability service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider.".

44New section 106AA inserted

After the heading to Division 5A of Part 6 of the Principal Act insert—

"106AA   Application of Division and references

(1)This Division applies to—

(a)a regulated service provider; and

(b)a former regulated service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.

(2)A reference in this Division (other than in section 106B) to a regulated service provider is a reference to, as the case requires—

(a)a regulated service provider; or

(b)a former regulated service provider.".

45Application of Division 6 of Part 6

At the end of section 108 of the Principal Act insert—

"(2)This Division applies to—

(a)a disability service provider; and

(b)a regulated service provider; and

(c)a former disability service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the lapse or revocation of its registration; and

(d)a former regulated service provider in relation to any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before it ceased to be a regulated service provider.".

46References to service provider

At the end of section 108A of the Principal Act insert—

"(2)A reference in this Division to service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

47What matters can be the subject of a complaint?

In section 109(1) of the Principal Act—

(a)in paragraph (a), after "regulated disability services" insert "by a service provider";

(b)in paragraph (b), for "disability service provider or a regulated service provider" substitute "service provider".

48New section 127 inserted

After the heading to Subdivision 1 of Division 6A of Part 6 of the Principal Act insert—

"127   Application of Division and references

(1)Subject to subsection (2), this Division applies to—

(a)a disability service provider or regulated service provider; and

(b)a former disability service provider or former regulated service provider in relation to—

(i)any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before—

(A)in the case of a former disability service provider, the lapse or revocation of its registration; or

(B)in the case of a former regulated service provider, it ceased to be a regulated service provider—

irrespective of whether an investigation has commenced; or

(ii)any initiated investigation not concluded before the relevant event referred to in

subparagraph (i).

(2)This Division does not apply to a former disability service provider or a former regulated service provider in relation to a systemic initiated investigation across 2 or more service providers unless the systemic initiated investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3)A reference in this Division to a service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

49Commissioner initiated investigations

(1)For section 128B(1)(a) of the Principal Act substitute—

"(a)the provision of—

(i)disability services by a disability service provider or former disability service provider; or

(ii)regulated disability services by a regulated service provider or former regulated service provider; or".

(2)In section 128B(1)(b)(i) of the Principal Act, after "service" insert "by a disability service provider or former disability service provider".

(3)In section 128B(1)(b)(ii) of the Principal Act, after "service" insert "by a regulated service provider or former regulated service provider".

50New section 128GA inserted

After the heading to Subdivision 1 of Division 6B of Part 6 of the Principal Act insert—

"128GA   Application of Division and references

(1)Subject to subsection (2), this Division applies to—

(a)a disability service provider or a regulated service provider; and

(b)a former disability service provider or former regulated service provider in relation to—

(i)any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether a referral investigation has commenced; or

(ii)any referral investigation not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.

(2)This Division does not apply to a former disability service provider or a former regulated service provider in relation to a referral investigation regarding systemic matters across 2 or more service providers unless the referral investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3)A reference in this Division to a service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

51Referral investigations

For section 128I(2) of the Principal Act substitute—

"(2)The Minister or the Secretary, in writing, may refer to the Commissioner for investigation any matter relating to—

(a)the provision of—

(i)disability services by a disability service provider or former disability service provider; or

(ii)regulated disability services by a regulated service provider or former regulated service provider; or

(b)complaints about—

(i)disability services provided by a disability service provider or former disability service provider; or

(ii)regulated disability services provided by a regulated service provider or former regulated service provider; or

(c)abuse or neglect in the provision of—

(i)disability services provided by a disability service provider or former disability service provider; or

(ii)regulated disability services provided by a regulated service provider or former regulated service provider.".

52New section 128NA inserted

After the heading to Subdivision 1 of Division 6C of Part 6 of the Principal Act insert—

"128NA   Application of Division and references

(1)Subject to subsection (2), this Division applies to—

(a)a disability service provider or regulated service provider; and

(b)a former disability service provider or former regulated service provider in relation to—

(i)any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether an investigation has commenced; or

(ii)any follow up investigation not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.

(2)This Division does not apply to a former disability service provider or a former regulated service provider in relation to a follow up investigation regarding systemic matters across 2 or more service providers unless the follow up investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3)A reference in this Division to a service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

53Visiting of residential service

(1)In the heading to section 129 of the Principal Act, after "service" insert "or NDIS dwelling".

(2)After section 129(1) of the Principal Act insert—

"(1A)A community visitor may visit any SDA enrolled dwelling provided under an SDA residency agreement with or without any previous notice at the times and periods that the community visitor thinks fit.

(1B)A community visitor may visit any short‑term accommodation and assistance dwelling with or without any previous notice at the times and periods that the community visitor thinks fit.".

(3)After section 129(3) of the Principal Act insert—

"(4)The Minister may direct a community visitor to visit an SDA enrolled dwelling provided under an SDA residency agreement at the times that the Minister directs.

(5)The Minister may direct a community visitor to visit a short-term accommodation and assistance dwelling at the times that the Minister directs.

(6)Except in accordance with section 131A, a community visitor must not visit an SDA enrolled dwelling provided to an SDA resident under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997).".

54Powers of inspection

For section 130(2) and (3) of the Principal Act substitute—

"(2)A community visitor may perform or exercise the functions and powers specified in subsection (3) when visiting the following dwellings—

(a)an SDA enrolled dwelling provided under an SDA residency agreement;

(b)a short-term accommodation and assistance dwelling.

(3)For the purposes of subsection (2), the following functions and powers are specified—

(a)inspect any part of the dwelling in which the NDIS participant or SDA resident is living;

(b)see any NDIS participant or SDA resident who is living in the dwelling;

(c)make enquiries relating to the provision of services to any NDIS participant or SDA resident who is living in the dwelling;

(d)inspect any document relating to any NDIS participant or SDA resident who is living in the dwelling, other than the medical records of the person, including documents required to be kept by a registered NDIS provider or a disability service provider that is providing services at the NDIS dwelling under this Act, the Residential Tenancies Act 1997, the NDIS Act or any regulations, rules or instruments made under the NDIS Act;

(e)inspect any medical record of an NDIS participant or SDA resident who is living in the dwelling with the consent of the NDIS participant, the NDIS participant's guardian, the SDA resident or the SDA resident's guardian (as appropriate).".

55New section 130A inserted

After section 130 of the Principal Act insert—

"130A   Obligations of service provider and staff

(1)If a community visitor wishes to perform or exercise, or is performing or exercising, any power, duty or function under this Act, the disability service provider or the registered NDIS provider and any member of the staff or management of the disability service provider or the registered NDIS provider must provide the community visitor with such reasonable assistance as the community visitor requires to perform or exercise that power, duty or function effectively.

(2)A disability service provider or member of the staff or management of a disability service provider or a registered NDIS provider or member of the staff or management of a registered NDIS provider must—

(a)reasonably render assistance when required to do so under subsection (1); and

(b)give full and true answers to the best of that person's knowledge to any questions asked by a community visitor in the performance or exercise of any power, duty or function under this Act.

Penalty:60 penalty units.".

56Request to see a community visitor

In the heading to section 131 of the Principal Act, for "visitor" substitute "visitor—resident in residential service".

57New section 131A inserted

After section 131 of the Principal Act insert—

"131A   Request to see a community visitor—NDIS residents in NDIS dwelling

(1)Subject to subsection (2), any NDIS resident or any person on behalf of the NDIS resident may request the dwelling or support provider to arrange for the NDIS resident to be seen by a community visitor.

(2)A person must not make a request under subsection (1) on behalf of an NDIS resident living in an SDA enrolled dwelling under a tenancy agreement (within the meaning of the Residential Tenancies Act 1997) unless the NDIS resident has consented to the person making the request on the NDIS resident's behalf.

(3)The dwelling or support 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.

(4)Unless subsection (5) applies, the Community Visitors Board must ensure a request is responded to within 7 days of the request being received under subsection (3).

(5)For the purposes of subsection (4), 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.

(6)The Community Visitors Board may refuse a request under subsection (3) if the Community Visitors Board considers that the request is—

(a)vexatious; or

(b)frivolous; or

(c)lacking in substance.

(7)In this section—

dwelling or support provider means in respect of an NDIS resident living—

(a)in an SDA enrolled dwelling—

(i)an SDA provider; or

(ii)a Supported Independent Living provider; or

(iii)a disability service provider; and

(b)in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider;

NDIS resident means—

(a)an SDA resident living in an SDA enrolled dwelling; or

(b)a person living in a short-term accommodation and assistance dwelling.".

58Record of visits

(1)In section 132 of the Principal Act omit "in the prescribed form".

(2)At the end of section 132 of the Principal Act insert—

"(2)If a dwelling or support provider is present when a community visitor visits an SDA enrolled dwelling or a short-term accommodation and assistance dwelling, the dwelling or support provider must keep a record of the visit.

Penalty:5 penalty units.

(3)In this section—

dwelling or support provider means in respect of an NDIS resident living—

(a)in an SDA enrolled dwelling—

(i)an SDA provider; or

(ii)a Supported Independent Living provider; or

(iii)a disability service provider; and

(b)in a short-term accommodation and assistance dwelling, the relevant registered NDIS provider;

NDIS resident means—

(a)an SDA resident living in an SDA enrolled dwelling; or

(b)a person living in a short-term accommodation and assistance dwelling.".

59New section 132AA inserted

After the heading to Subdivision 1 of Division 8 of Part 6 of the Principal Act insert—

"132AA   Application of Division and references

(1)Subject to subsection (2), this Division applies to—

(a)a disability service provider or regulated service provider; and

(b)a former disability service provider or former regulated service provider in relation to—

(i)an accountability investigation into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or

(ii)an accountability investigation that is not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.

(2)This Division does not apply to a former disability service provider or a former regulated service provider in relation to an accountability investigation regarding systemic matters across 2 or more service providers unless the accountability investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3)A reference in this Division to a service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

60Visit and inspection of premises

In section 132E(1) of the Principal Act, after "provides" insert ", or provided,".

61Powers during visit and inspection

In section 132F(1)(a) of the Principal Act, after "receiving" insert ", or has received,".

62Assistance to be provided

In section 132M of the Principal Act, after "providing" insert ", or did provide,".

63New section 132ZCA inserted

After the heading to Division 9 of Part 6 of the Principal Act insert—

"132ZCA   Application of Division and references

(1)Subject to subsection (2), this Division applies to—

(a)a disability service provider or regulated service provider; and

(b)a former disability service provider or former regulated service provider in relation to—

(i)an investigation under Division 6, 6A, 6B, 6C or 8 into any matter that occurred, or is alleged to have occurred, during the 24 month period immediately before the provider ceased to be a disability service provider or regulated service provider, as the case requires, irrespective of whether the investigation has commenced; or

(ii)any investigation under Division 6, 6A, 6B, 6C or 8 that is not concluded before the provider ceased to be a disability service provider or regulated service provider, as the case requires.

(2)This Division does not apply to a former disability service provider or a former regulated service provider in relation to an investigation regarding systemic matters across 2 or more service providers unless the investigation commenced before each service provider ceased to be a disability service provider or regulated service provider, as the case requires.

(3)A reference in this Division to a service provider is a reference to, as the case requires—

(a)a disability service provider; or

(b)a former disability service provider; or

(c)a regulated service provider; or

(d)a former regulated service provider.".

64New Parts 6A and 6B inserted

After section 132ZH of the Principal Act insert—

"Part 6A—Appointment of Authorised Program Officers by registered NDIS providers

132ZIRegistered NDIS provider to appoint Authorised Program Officer

For the purposes of Part 6B or Part 8, a registered NDIS provider that intends to use restrictive practices or compulsory treatment on NDIS participants—

(a)must appoint an Authorised Program Officer; and

(b)may appoint more than one Authorised Program Officer.

132ZJRegistered NDIS provider to seek approval from Senior Practitioner for appointment of Authorised Program Officer

(1)A registered NDIS provider who proposes to appoint an Authorised Program Officer must apply to the Senior Practitioner for approval of the proposed appointment.

(2)An application for approval must include—

(a)the name of the proposed Authorised Program Officer; and

(b)the qualifications of the proposed Authorised Program Officer; and

(c)any other information requested by the Senior Practitioner.

(3)The Senior Practitioner may approve the appointment of one or more Authorised Program Officers subject to any conditions that the Senior Practitioner considers appropriate.

(4)The Senior Practitioner must keep a register of the name and qualifications of each Authorised Program Officer appointed under this Part.

132ZKRevocation of approval

The Senior Practitioner may revoke the approval of the appointment of an Authorised Program Officer if the Senior Practitioner considers it appropriate to do so.

132ZLSenior Practitioner to notify NDIS Commissioner

The Senior Practitioner must give written notice to the NDIS Commissioner if the Senior Practitioner—

(a)refuses to approve the appointment of an Authorised Program Officer; or

(b)revokes the appointment of an Authorised Program Officer.

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

(1)The Senior Practitioner must not refuse an application under section 132ZJ or revoke approval of the appointment of an Authorised Program Officer under section 132ZK unless the Senior Practitioner has given a written notice to the registered NDIS provider in accordance with subsection (2) and has considered any submission made by the registered NDIS provider.

(2)The notice must specify—

(a)the proposed decision and the reasons for the proposed decision; and

(b)that the registered NDIS provider may make a written submission within 14 days after the notice is given.

132ZNApplication for review of appointment decision

(1)A registered NDIS provider may apply to VCAT for a review of a decision by the Senior Practitioner—

(a)to refuse an application for approval of an appointment of an Authorised Program Officer under section 132ZJ; or

(b)to revoke the appointment of an Authorised Program Officer under section 132ZK.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the registered NDIS provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the registered NDIS provider or the registered NDIS provider is informed under section 46(5) of that Act that a statement of reasons will not be given.

132ZOSenior Practitioner may issue directions

(1)The Senior Practitioner may issue directions to registered NDIS providers in relation to—

(a)the minimum qualifications required to be held by persons who are proposed Authorised Program Officers; and

(b)training to be completed by Authorised Program Officers; and

(c)any other matter in relation to Authorised Program Officers.

(2)A direction issued by the Senior Practitioner under this section must be published on the Department's internet site.

Part 6B—Use of restrictive practices by registered NDIS providers

132ZPPurpose and application of Part

(1)This Part applies to NDIS participants other than persons for whom a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider is in force.

Note

Division 6 of Part 8 also contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider or registered NDIS provider.

Division 7 of Part 8 contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.

(2)The purpose of this Part is to protect the rights of NDIS participants to whom this Part applies by ensuring that regulated restrictive practices are used on those NDIS participants only if their use is authorised.

132ZQUse of regulated restrictive practice only permitted after authorisation and approval given

A registered NDIS provider must not use a regulated restrictive practice on an NDIS participant unless—

(a)an authorisation under section 132ZR(1) for use of the regulated restrictive practice is in force and—

(i)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

(2)The Commissioner may engage a person with suitable qualifications or experience to assist the Commissioner or Commission in the exercise of a power or the performance of a duty or function under this or any other Act.".

226Investigation of complaints by Commission

(1)For section 119(1)(b)(i) and (ii) of the Disability Service Safeguards Act 2018 substitute—

"(i)has been issued an exclusion by an NDIS worker screening unit; or

(ii)has had a clearance suspended or revoked by an NDIS worker screening unit; or".

(2)In section 119(1)(b)(iv) of the Disability Service Safeguards Act 2018 omit "clearance".

227Power of Commission to conduct a Commission initiated investigation

(1)For section 121(b)(i) and (ii) of the Disability Service Safeguards Act 2018 substitute—

"(i)has been issued an exclusion by an NDIS worker screening unit; or

(ii)has had a clearance suspended or revoked by an NDIS worker screening unit; or".

(2)In section 121(b)(iv) of the Disability Service Safeguards Act 2018 omit "clearance".

228Grounds on which interim prohibition order may be made

(1)For section 131(c) of the Disability Service Safeguards Act 2018 substitute—

"(c)the unregistered disability worker has been issued an exclusion or has had a clearance suspended or revoked by an NDIS worker screening unit;".

(2)In section 131(d) of the Disability Service Safeguards Act 2018 omit "clearance".

229Grounds on which prohibition order may be made

(1)In section 133(c) of the Disability Service Safeguards Act 2018 omit "an NDIS worker screening check".

(2)In section 133(d) of the Disability Service Safeguards Act 2018 omit "NDIS worker screening check".

(3)In section 133(e) of the Disability Service Safeguards Act 2018 omit "clearance".

230Registered disability worker or disability student to give Board notice of certain events

In section 207(3) of the Disability Service Safeguards Act 2018, in the definition of relevant event—

(a)in paragraph (a)(x) omit "an NDIS worker screening check";

(b)in paragraph (a)(xi) omit "NDIS worker screening check";

(c)in paragraph (a)(xiii) omit "clearance".

231Board may ask registered disability worker for information

In section 209(1) of the Disability Service Safeguards Act 2018—

(a)in paragraph (h) omit "an NDIS worker screening check";

(b)in paragraph (i) omit "NDIS worker screening check";

(c)in paragraph (j) omit "clearance".

232Disclosure of information to other relevant entities

In section 241(2) of the Disability Service Safeguards Act 2018, in the definition of relevant entity, in paragraph (b), for "agency" substitute "unit".

233NDIS worker screening check clearance

(1)In the heading to section 257 of the Disability Service Safeguards Act 2018 omit "clearance".

(2)In section 257(1)(a) and (b) and (2)(a) and (b) of the Disability Service Safeguards Act 2018—

(a)for "agency" substitute "unit";

(b)omit "clearance".

(3)In section 257(3) of the Disability Service Safeguards Act 2018, for "agency" substitute "unit".

234Repeal of sections 300 and 301

Sections 300 and 301 of the Disability Service Safeguards Act 2018 are repealed.

235Section 309 substituted

For section 309 of the Disability Service Safeguards Act 2018 substitute—

'309   Regulations

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

"(ha)prescribing a standard form of SDA residency agreement;

(hb)prescribing a person or body to which a matter relating to an SDA enrolled dwelling may be referred;

(hc)prescribing a person or body for the purposes of section 505C(4);".'.

236Statute law revision

(1)In section 302 of the Disability Service Safeguards Act 2018, in the proposed section 446(bc) to be inserted in the Residential Tenancies Act 1997, for 'dwelling; and."' substitute 'dwelling; and"'.

(2)In section 316(2) of the Disability Service Safeguards Act 2018, for 'or "SDA' substitute '"or SDA'.

Division 2—Amendment of Residential Tenancies Amendment Act 2018

237Definitions

(1)In section 5(1) of the Residential Tenancies Amendment Act 2018—

(a)in the definition of breach of duty notice proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after "notice" insert ", except in Division 9 of Part 12A,";

(b)for paragraph (a) of the definition of fair wear and tear proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997 substitute—

"(a)reasonable use of—

(i)the premises by a renter or a visitor; or

(ii)the SDA enrolled dwelling by an SDA resident; and";

(c)in the definition of notice of intention to vacate proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after paragraph (d) insert—

"(e)in relation to an SDA enrolled dwelling under an SDA residency agreement, a notice of intention to vacate under section 498ZZA;";

(d)in the definition of notice to vacate proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, after paragraph (d) insert—

"(e)in relation to an SDA enrolled dwelling under an SDA residency agreement, a notice to vacate under section 498ZX;";

(e)in the definition of standard form proposed to be inserted in section 3(1) of the Residential Tenancies Act 1997, for "Part 12" substitute "Parts 12 and 12A".

(2)Section 5(3)(e) of the Residential Tenancies Amendment Act 2018 is repealed.

238New section 486A inserted

In section 318 of the Residential Tenancies Amendment Act 2018, in proposed new section 486A to be inserted in the Residential Tenancies Act 1997, for "and 206AZI(e)" substitute ", 206AZI(e) and 498ZX(1)(h), (ha) and (k)".

239Repeal of sections 387 and 388

Sections 387 and 388 of the Residential Tenancies Amendment Act 2018 are repealed.

Division 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

240Definitions

In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

(a)in the definition of appropriate place—

(i)in paragraph (b), for "facility; or" substitute "facility;";

(ii)paragraph (c) is repealed;

(b)in the definition of forensic resident omit "or a residential institution" (wherever occurring);

(c)the definition of residential institution is repealed.

241Supervision orders

In section 26(9) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution".

242Warrant to arrest person subject to custodial supervision order who leaves Victoria

(1)In section 30B(1B)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution".

(2)In section 30B(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, residential treatment facility or residential institution" substitute "service or residential treatment facility".

243Reports on mental condition of persons declared liable to supervision

In section 41(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in the definition of appropriate person—

(a)in paragraph (b)(i), for "facility, a residential institution" substitute "facility";

(b)paragraph (b)(ii)(B) is repealed.

244Certificate of available services

(1)In section 47(1)(a)(i) and (ii) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility".

(2)In section 47(1)(b)(i) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility".

(3)In section 47(1)(b)(ii) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution".

245What are the surrounds?

(1)In section 52(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility".

(2)In section 52(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

(a)for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility";

(b)for "service, residential treatment facility or residential institution" substitute "service or residential treatment facility".

246Transfer of persons from a participating State to Victoria

(1)In the note at the foot of section 73E(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "service, a residential treatment facility or a residential institution" substitute "service or a residential treatment facility".

(2)In section 73E(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

(a)in paragraph (b) omit "or a residential institution";

(b)in paragraph (d) omit "or a residential institution";

(c)in paragraph (d) omit "or the residential institution".

247Interim disposition order

In section 73K(8)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "or a residential institution".

Division 4—Amendment of Mental Health Act 2014

248Definitions

In section 3(1) of the Mental Health Act 2014—

(a)for paragraph (b) of the definition of mental health service provider substitute—

"(b)a publicly funded mental health community support service—

to the extent it provides services not funded by the National Disability Insurance Scheme within the meaning of the NDIS Act;";

(b)insert the following definitions—

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

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

249Functions of the Commissioner

(1)In section 228(j) of the Mental Health Act 2014, after "complaints and to" insert "provide information and".

(2)After section 228(j)(iv) of the Mental Health Act 2014 insert—

"(v)the Agency within the meaning of the NDIS Act;

(vi)the NDIS Commission;".

250Referred complaints

In section 233(1) of the Mental Health Act 2014—

(a)in paragraph (j), for "1973." substitute "1973;";

(b)after paragraph (j) insert—

"(k)the NDIS Commission.".

251New Division 2 inserted in Part 16A

(1)Before section 428A of the Mental Health Act 2014 insert—

"Division 1—Mental Health Amendment Act 2015".

(2)After section 428A of the Mental Health Act 2014 insert—

"Division 2—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

429Definitions

In this Division—

Amending Act means the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019;

commencement day means the day on which section 248 of the Amending Act comes into operation;

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

430Complaints to the Commissioner

(1)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the Commissioner's functions under Part 10 for the purposes of dealing with or resolving a complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a)the complaint is made before the commencement day; or

(b)the complaint is made on or after the commencement day and the complaint relates to matters that occurred before 1 July 2019.

(2)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the Commissioner's functions under Part 10 for the purposes of dealing with or resolving a complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme on and after 1 July 2019 if—

(a)the complaint is made before the service that is the subject of the complaint provided by the mental health service provider began being funded by the National Disability Insurance Scheme; or

(b)the complaint is made on or after the day the service that is the subject of the complaint provided by the mental health service provider began being funded by the National Disability Insurance Scheme and the complaint relates to matters that occurred before the service began being funded by the National Disability Insurance Scheme.

431The chief psychiatrist

(1)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the chief psychiatrist's functions under Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a)the investigation begins before the commencement day; or

(b)the investigation begins on or after the commencement day and the investigation relates to the provision of mental health services provided before 1 July 2019.

(2)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the chief psychiatrist's functions under Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider providing services funded by the National Disability Insurance Scheme on and after 1 July 2019 if—

(a)the investigation begins before the day the service that is the subject of the investigation provided by the mental health service provider began being funded by the National Disability Insurance Scheme; or

(b)the investigation begins on or after the day the service that is the subject of the investigation provided by the mental health service provider began being funded by the National Disability Insurance Scheme and the investigation relates to matters that occurred before the day the service began being funded by the National Disability Insurance Scheme.

432Community visitors

Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, a community visitor may continue to perform functions under section 216(b) and exercise related powers in Part 9 to assist persons receiving mental health services provided by a mental health service provider funded by the National Disability Insurance Scheme before, on or after 1 July 2019, at prescribed premises, if the assistance provided by the community visitor relates to matters that arose before the commencement day.".

Division 5—Amendment of other Acts

252Child Wellbeing and Safety Act 2005

After section 41H(1)(d) of the Child Wellbeing and Safety Act 2005 insert—

"(da)the Commissioner of the NDIS Quality and Safeguards Commission within the meaning of Chapter 6A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

253Children's Services Act 1996

In section 5(1) of the Children's Services Act 1996—

(a)in paragraph (d), for "2006." substitute "2006;";

(b)after paragraph (d) insert—

"(e)recipients of supports or services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.".

254Children, Youth and Families Act 2005

(1)In section 3(1) of the Children, Youth and Families Act 2005 insert the following definitions—

"NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;

registeredNDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

(2)In section 3(1) of the Children, Youth and Families Act 2005, in the definition of information holder, after paragraph (l) insert—

"(la)the person in charge of an NDIS provider or registered NDIS provider;".

(3)After section 161(2)(g) of the Children, Youth and Families Act 2005 insert—

"(ga)by a registered NDIS provider providing to the child under the NDIS short term accommodation and assistance or supported independent living; or

(gb)by a disability service provider within the meaning of the Disability Act 2006; or".

(4)After section 263(1)(fa) of the Children, Youth and Families Act 2005 insert—

"(fb)the placement of the child with a registered NDIS provider providing to the child under the NDIS short term accommodation and assistance or supported independent living; or".

(5)After section 597(1)(c)(vi) of the Children, Youth and Families Act 2005 insert—

"(vii)with a registered NDIS provider; or".

(6)In section 597(4)(a) of the Children, Youth and Families Act 2005, after "with" insert "a registered NDIS provider, disability service provider (within the meaning of the Disability Act 2006) or".

255Commission for Children and Young People Act 2012

(1)In section 3 of the Commission for Children and Young People Act 2012, after paragraph (c) of the definition of human service insert—

"(ca)a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or".

(2)After section 53(1)(d) of the Commission for Children and Young People Act 2012 insert—

"(da)the Commissioner of the NDIS Quality and Safeguards Commission referred to in section 181C of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

256Corrections Act 1986

(1)Section 56AB(1)(b) of the Corrections Act 1986 is repealed.

(2)In section 56AB(2)(c) of the Corrections Act 1986 omit "(1)(b) or ".

257Crimes Act 1958

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

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

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

"(ab)a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and".

258Criminal Procedure Act 2009

In section 3 of the Criminal Procedure Act 2009—

(a)in paragraph (e) of the definition of in detention omit "a residential institution or";

(b)in paragraph (e) of the definition of responsible person omit "a residential institution or".

259Family Violence Protection Act 2008

In Schedule 1 to the Family Violence Protection Act 2008, in item 4, for "128" substitute "132ZC".

260Gambling Regulation Act 2003

In section 10.3.6(b) of the Gambling Regulation Act 2003 omit "residential institutions and".

261Guardianship and Administration Act 1986

(1)After section 18A(5)(c) of the Guardianship and Administration Act 1986 insert—

"(ca)a short-term accommodation and assistance dwelling within the meaning of section 3(1) of the Disability Act 2006;

(cb)an SDA enrolled dwelling in respect of which an SDA resident resides under an SDA residency agreement within the meaning of the Residential Tenancies Act 1997;".

(2)In section 18A(5)(c) of the Guardianship and Administration Act 1986 omit ", residential institution".

262Guardianship and Administration Act 2019

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

"(ca)a short-term accommodation and assistance dwelling within the meaning of section 3(1) of the Disability Act 2006;

(cb)an SDA enrolled dwelling in respect of which an SDA resident resides under an SDA residency agreement within the meaning of the Residential Tenancies Act 1997;".

(2)In section 17(7) of the Guardianship and Administration Act 2019, in paragraph (a) of the definition of institution omit ", residential institution".

263Health Complaints Act 2016

In section 3(1) of the Health Complaints Act 2016, after paragraph (d) in the definition of relevant law insert—

"(e)the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

264Health Records Act 2001

(1)In section 3(1) of the Health Records Act 2001 insert the following definition—

"NDIS Commissioner means Commissioner of the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

(2)In section 51(3) of the Health Records Act 2001—

(a)in paragraph (c), for "1973—" substitute "1973; or";

(b)after paragraph (c) insert—

"(d)the National Disability Insurance Scheme Act 2013 of the Commonwealth—";

(c)for "or the Ombudsman" substitute ", the Ombudsman or the NDIS Commissioner".

265Independent Broad-based Anti-corruption Commission Act 2011

(1)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person, for "or residential treatment facility" substitute ", residential treatment facility or SDA enrolled dwelling".

(2)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011, in paragraph (e) of the definition of detained person omit ", residential institution".

266Medical 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)in paragraph (c), for "group home" substitute "residential service";

(b)after paragraph (c) insert—

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

267Ombudsman Act 1973

In section 28(1) and (1A) of the Ombudsman Act 1973 omit ", residential institution".

268Public Administration Act 2004

After section 16(1)(ke) of the Public Administration Act 2004 insert—

"(kf)the Victorian Disability Worker Commissioner in relation to the office of the Commissioner under the Disability Service Safeguards Act 2018;".

269Sentencing Act 1991

(1)In section 80(3)(b) and (5) of the Sentencing Act 1991, after "Department of" insert "Health and".

(2)In section 82AA of the Sentencing Act 1991, after "Department of" (wherever occurring) insert "Health and".

270Serious Offenders Act 2018

(1)In section 284(6) of the Serious Offenders Act 2018—

(a)in paragraph (s) of the definition of relevant Act, for "Commonwealth;" substitute "Commonwealth; or";

(b)in the definition of relevant Act, after paragraph (s) insert—

"(t)the National Disability Insurance Scheme Act 2013 of the Commonwealth;";

(c)in the definition of relevant person, after paragraph (zh) insert—

"(zha)an NDIS provider, and a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or".

(2)In section 287(2) of the Serious Offenders Act 2018—

(a)in paragraph (e), for "2014." substitute "2014; or";

(b)after paragraph (e) insert—

"(f)a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.".

271Summary Offences Act 1966

In item 3 of Schedule 1 to the Summary Offences Act 1966 omit ", residential institution".

272Working with Children Act 2005

After section 42B(2) of the Working with Children Act 2005 insert—

"(3)Nothing in this Act prevents the Secretary notifying the Secretary to the Department of Health and Human Services of any information about a person who holds a current assessment notice or who has made an application for an assessment notice if that information is relevant to assessing the person's suitability to work with persons with a disability or NDIS participants within the meaning of the Disability Act 2006.".

273Victorian Civil and Administrative Tribunal Act 1998

In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, for "section 355 of the Residential Tenancies Act 1997" substitute "section 355 or 498ZZR of the Residential Tenancies Act 1997".

274Victorian Inspectorate Act 2011

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

(2)In section 3(1) of the Victorian Inspectorate Act 2011, in paragraph (e) of the definition of detained person omit ", residential institution".

275Voluntary Assisted Dying Act 2017

In section 3(1) of the Voluntary Assisted Dying Act 2017, after paragraph (c) of the definition of professional care services insert—

"(d)services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;".

Part 5—Repeal of this Act

276Repeal of this Act

This Act is repealed on 1 July 2021.

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: 4 June 2019

Legislative Council: 6 June 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Disability Act 2006 and the Residential Tenancies Act 1997 and to make consequential and other amendments to other Acts to further provide for the transition to the National Disability Insurance Scheme and for other purposes."