Disability Services Regulation 2014 (ACT)

Disability Services Regulation 2014

Subordinate Law SL2014-12

The Australian Capital Territory Executive makes the following regulation under the Disability Services Act 1991.

Dated 26 June 2014.

Joy Burch

Minister

Shane Rattenbury

Minister

Disability Services Regulation 2014

Subordinate Law SL2014-12

made under the

Disability Services Act 1991

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Dictionary  1

4            Notes  1

5Offences against regulation—application of Criminal Code etc 2

6            Provider must comply with standards  2

7           Requirement to provide information  2

8            Notice about noncompliance with standards  3

9            Direction to comply with standards  4

10          Critical incident reporting  5

11          Ongoing disclosure obligation  5

12          Director-general may share information  6

Dictionary7

1. Name of regulation

   This regulation is the Disability Services Regulation 2014.

2. Commencement

   This regulation commences on the commencement of the Disability Services (Disability Service Providers) Amendment Act 2014, section 3.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5. Offences against regulation—application of Criminal Code etc

   Other legislation applies in relation to offences against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6. Provider must comply with standards

   A specialist disability service provider must comply with a standard that applies to the provider.

   Maximum penalty: 10 penalty units.

7. Requirement to provide information

   (1)The director-general may, by written notice given to a specialist disability service provider (a show cause notice), require the provider to give the director‑general information the director‑general reasonably needs to—

   (a)monitor the quality of services provided by the provider to a person with disability; or

   (b)investigate any alleged failure to comply with a standard that applies to the provider.

   (2)The information required under subsection (1) may include information about the provider’s arrangements with other entities in relation to the provision of specialist disability services.

   (3)The show cause notice must state the time within which the information must be given to the director-general.

   (4)The time stated must be reasonable in the circumstances.

   (5)A specialist disability service provider must comply with a requirement made of the provider under this section.

   Maximum penalty (subsection (5)):  10 penalty units.

   NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

8. Notice about noncompliance with standards

   (1)The director-general may give a specialist disability service provider a notice under this section (a noncompliance notice) if the director‑general has reasonable grounds for believing that the provider is not complying with a standard.

   (2)The noncompliance notice must be in writing and must—

   (a)state the standard the director-general considers the provider is not complying with; and

   (b)state the particular matters the director-general considers the provider needs to address; and

   (c)invite the provider to discuss those matters with the director‑general; and

   (d)state the time within which the provider must respond to the noncompliance notice.

   (3)The time stated must be reasonable in the circumstances.

   (4)The provider responds to the noncompliance notice if the provider—

   (a)responds in writing to the director-general in relation to the matters identified in the noncompliance notice; or

   (b)takes action to address the matters identified in the noncompliance notice and tells the director-general in writing of that action.

9. Direction to comply with standards

   (1)This section applies if—

   (a)the director-general has given a specialist disability service provider a noncompliance notice under section 8; and

   (b)the provider—

   (i)has not responded to the notice; or

   (ii)has responded to the notice but the director-general believes on reasonable grounds that the provider is still failing to comply with a standard.

   (2)The director-general may give the provider a direction, in writing to—

   (a)stop the conduct that is in breach of the standard; or

   (b)provide the specialist disability service in accordance with the standard; or

   (c)take action to rectify any consequence of the noncompliance with the standard.

   (3)The direction must state the particular matters the director‑general considers the provider needs to address to remedy the breach or comply with the standard.

   (4)The direction must state the time within which the provider must comply with the direction.

   (5)The time stated must be reasonable in the circumstances.

   (6)A specialist disability service provider must comply with a direction given to the provider under this section.

   Maximum penalty (subsection (6)):  10 penalty units.

10. Critical incident reporting

    (1)This section applies to a specialist disability service provider if the provider—

    (a)is providing a specialist disability service to a person with disability; and

    (b)has reasonable grounds to believe there is a serious risk to the life, health or safety of the person.

    Example—serious risk

    circumstances requiring action by the provider to ensure the person with disability’s health and safety

    NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)The provider must notify the director-general of the circumstances of the risk.

    NoteA person must comply with this requirement as soon as possible after the serious risk to life, health or safety arises (see Legislation Act, s 151B).

11. Ongoing disclosure obligation

    A specialist disability service provider must notify the director‑general in writing of any of the following matters if they could have an adverse effect on the provider’s ability to comply with the standards:

    (a)an investigation of the provider;

    (b)an arbitration, litigation or other adjudicative proceeding involving the provider.

12. Director-general may share information

    The director-general may disclose information that is given to the director-general under this regulation if the information—

    (a)is disclosed to a territory authority or an agency of the Commonwealth or a state that has functions in relation to people with disabilities (the other agency); and

    (b)relates to the health, safety or wellbeing of a person with disability; and

    (c)is relevant to the functions of the other agency in relation to people with disabilities.

    NoteThe Health Records (Privacy and Access) Act 1997 and the Information Privacy Act 2014 set out circumstances in which personal information about a person may be disclosed.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     director-general (see s 163)

·     may (see s 146)

·     must (see s 146)

·     territory authority.

Note 3Terms used in this regulation have the same meaning that they have in the Disability Services Act 1991 (see Legislation Act, s 148). For example, the following terms are defined in the Disability Services Act 1991, dict:

·     specialist disability services (see s 4 (1))

·     specialist disability service provider (see s 5 (1)).

standard means a standard approved by the Minister under the Act, section 5A.

Endnotes

1. Notification

   Notified under the Legislation Act on 30 June 2014.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014