Disability Service Safeguards Amendment Regulations 2023 (Vic)

Disability Service Safeguards Amendment Regulations 2023

S.R. No. 71/2023

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Code of conduct

5New regulation 5A inserted

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Endnotes

statutory rules 2023

S.R. No. 71/2023

Disability Service Safeguards Act 2018

Disability Service Safeguards Amendment Regulations 2023

The Lieutenant-Governor, having assumed the administration of the government of the State under section 6B of the Constitution Act 1975, with the advice of the Executive Council, makes the following Regulations:

Dated: 18 July 2023

Responsible Minister:

LIZZIE BLANDTHORN
Minister for Disability, Ageing and Carers

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Disability Service Safeguards Regulations 2020 to prescribe certain disability services to be prescribed exempt services.

2Authorising provision

These Regulations are made under section 286 of the Disability Service Safeguards Act 2018.

3Principal Regulations

In these Regulations, the Disability Service Safeguards Regulations 2020[1] are called the Principal Regulations.

4Code of conduct

In regulation 5 of the Principal Regulations, for "section 3" substitute "section 3(1)".

5New regulation 5A inserted

After regulation 5 of the Principal Regulations insert—

"5A   Exempt services

(1)For the purposes of paragraph (a) of the definition of disability service in section 3(1) of the Act, a prescribed exempt service is the following—

(a)a service provided as part of the duties of a teacher in or for a school undertaken by a registered teacher;

(b)a service provided as part of the duties of an early childhood teacher in or for an early childhood service undertaken by a registered early childhood teacher;

(c)the supervision or management of another person (other than a registered teacher or a registered early childhood teacher) who is providing a disability service by a registered teacher or a registered early childhood teacher in the course of the teacher's duties as a teacher, principal or early childhood teacher.

(2)To avoid doubt, the provision of a service in relation to a specified activity referred to in the definition of disability service in section 3(1) of the Act to a person with a disability by a person (other than a registered teacher or a registered early childhood teacher) who is supervised or managed by a registered teacher or registered early childhood teacher as referred to in subregulation (1)(c) is not a prescribed exempt service.

Example

Non-teaching staff, such as teacher aides and integration aides, are providing a disability service.

(3)In this regulation—

early childhood service has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

early childhood teacher has the same meaning as in section 2.6.1 of the Education and Training Reform Act 2006;

principal has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

registered early childhood teacher has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

registered teacher has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

school has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

teacher has the same meaning as in section 2.6.1 of the Education and Training Reform Act 2006.".

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ENDNOTES

[1] Reg. 3: S.R. No. 36/2020 as amended by S.R. No. 40/2021.