Health Services (Residential Care) (Personal Care Co-ordinators) Regulations 1999 (Vic)

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Health Services (Residential Care) (Personal Care

Co-ordinators) Regulations 1999

S.R. No. 95/1999

TABLE OF PROVISIONS

Regulation Page
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Principal Regulations 1
5. Definition 2
6. New regulation 506 substituted 2
506. Personal care co-ordinator 2
7. New regulation 508 substituted 2

508.        Resignation or termination of employment of personal

care co-ordinator 3
8. Delayed requirements 3

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NOTES 6

i

STATUTORY RULES 1999

S.R. No. 95/1999

Health Services Act 1988

Health Services (Residential Care) (Personal Care

Co-ordinators) Regulations 1999

The Governor in Council makes the following Regulations:
Dated: 27 July 1999

Responsible Minister:

ROB KNOWLES

Minister for Health

SHANNON DELLAMARTA

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make further provision for the employment of personal care co-ordinators and acting personal care co-ordinators at supported residential services.

2. Authorising provision

These Regulations are made under section

158(1)(g) of the Health Services Act 1988.

3. Commencement

(1) These Regulations, except regulation 8, come into

operation on 1 August 1999.

(2) Regulation 8 comes into operation on 1 January

2001.

4. Principal Regulations

Health Services (Residential Care) (Personal Care Co-
ordinators) Regulations 1999

r. 7 S.R. No. 95/1999

In these Regulations, the Health Services
(Residential Care) Regulations 19911 are called

the Principal Regulations.

5. Definition

In regulation 106 of the Principal Regulations, the definition of "personal care co-ordinator" is revoked.

6. New regulation 506 substituted

For regulation 506 of the Principal Regulations substitute—

"506. Personal care co-ordinator

(1) The proprietor of a supported residential

service must employ in the service a
personal care co-ordinator who, on behalf of
or in co-ordination with the proprietor, is to
be responsible for the co-ordination and
continuity of the special or personal care
services provided in the service which have

been identified in the residents' service plans.

(2) The proprietor of a supported residential

service must notify the Chief General
Manager of a personal care co-ordinator's
name and work experience within 7 days of
the start of the personal care co-ordinator's
employment.
Penalty: 10 penalty units.

(3) Despite sub-regulation (1), the proprietor of a supported residential service may appoint himself or herself to carry out the duties of a

personal care co-ordinator.".

7. New regulation 508 substituted

Health Services (Residential Care) (Personal Care Co-
ordinators) Regulations 1999

S.R. No. 95/1999 r. 8

For regulations 508 and 509 of the Principal

Regulations substitute—

"508. Resignation or termination of employment

of personal care co-ordinator

(1) If the employment of a personal care

co-ordinator is terminated or a personal care
co-ordinator resigns, the proprietor of a

supported residential service must—

(a)

notify the Chief General Manager within 7 days; and

(b)

employ a new personal care co- ordinator within 8 weeks.

Penalty: 5 penalty units.

(2) The proprietor of a supported residential

service must employ an acting personal care

co-ordinator during any period when—

(a)

there is a vacancy in the position of personal care co-ordinator; or

(b)

a personal care co-ordinator is absent on leave or is unable to perform adequately the physical and intellectual work required of a personal care co-ordinator.

(3) The proprietor of a supported residential

service must notify the Chief General
Manager, within 14 days after the
employment of an acting personal care
co-ordinator, of that person's name and work
experience if the acting personal care
co-ordinator is employed in that capacity for
more than 7 days.

Penalty: 10 penalty units.".

8. Delayed requirements

Health Services (Residential Care) (Personal Care Co-
ordinators) Regulations 1999

S.R. No. 95/1999

(1) In regulation 506(2) of the Principal Regulations,

after "name" insert ", qualifications".

(2) For regulation 506(3) of the Principal Regulations

substitute—

"(3) The personal care co-ordinator must—

(a) have been awarded a Certificate III in Community and Health Services, Personal Carer by a TAFE College or other institution in Australia; or
(b)

hold a qualification that has been Certificate by—

(i) the Overseas Qualifications Unit
of the Department of
Infrastructure; or
(ii)

Skills Recognition of the
Commonwealth Department of

the National Office of Overseas and Youth Affairs; or

(iii)

institution in Australia that

a TAFE College or other to the Certificate.

(4) The proprietor of a supported residential

service must employ—

(a) a personal care co-ordinator full time for not less than 38 hours a week; or
(b)

two part-time personal care co- employment are not less than 38 hours per week.

(5) The proprietor of a supported residential

service must ensure that a copy of any

Health Services (Residential Care) (Personal Care Co-
ordinators) Regulations 1999

S.R. No. 95/1999 r. 8

qualification required by this regulation is
kept at the service.

Penalty: 10 penalty units.

(6) Despite sub-regulation (1) and (3), the

proprietor of a supported residential service
who is qualified in accordance with sub-
regulation (3) may appoint himself or herself
to carry out the duties of a personal care
co-ordinator for all or some of the hours

required by sub-regulation (4).".

(3) In regulation 508(3) of the Principal Regulations,

after "name" insert ", qualifications".

(4) After regulation 508(3) of the Principal

Regulations insert—

"(4) The proprietor of a supported residential

service must ensure that an acting personal

care co-ordinator is employed—

(a) full time for not less than 38 hours a week; or
(b)

personal care co-ordinator or acting
personal care co-ordinator provided

part time in conjunction with another employment are not less than 38 hours a week.

(5) If an acting personal care co-ordinator is to

be employed for more than 6 months, that
person must hold a qualification referred to

in regulation 506(3).".

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Health Services (Residential Care) (Personal Care Co-
ordinators) Regulations 1999

Notes S.R. No. 95/1999

NOTES

1 Reg. 4: S.R. No. 14/1991. Reprint No. 3 as at 23 October 1997. Further

amended by S.R. No. 131/1998.

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