Health Services (Supported Residential Services) Act 2004 (Vic)
Health Services (Supported Residential Services) Act 2004
Act No. 18/2004
table of provisions
Section Page
1.Purpose
2.Commencement
3.Principal Act
4.Definitions
5.Principles applying to supported residential services
6.Transfer or variation of certificate
7.Revocation of certificate
8.Change of directors etc.
9.Certificate of renewal of registration
10.Appointment of administrator of supported residential service
11.New section 104A inserted
104A.Application deemed withdrawn
12.Residential statements
13.New sections 106A and 106B inserted
106A.Resident's interim and on-going care plans
106B.Information for prospective residents
14.Notification of next of kin
15.Management of resident's money by proprietor
108H.Management of resident's money by proprietor
16.Minimum staff requirements
17.Records
18.Offence to carry on business if establishment or proprietor is not registered
19.Community (residential services) visitors
20.Delegation by Minister
143.Delegation by Minister
21.Inquiry by Secretary
22.Identity cards
23.Powers of authorised officers
24.Offence to obstruct or hinder
25.Transitional—residential statements
165.Residential statements
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Endnotes
Health Services (Supported Residential Services) Act 2004
[Assented to 18 May 2004]
The Parliament of Victoria enacts as follows:
1.Purpose
The purpose of this Act is to make various amendments to the Health Services Act 1988.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision referred to in sub-section (1) does not come into operation before 31 December 2004, it comes into operation on that day.
3.Principal Act
In this Act, the Health Services Act 1988 is called the Principal Act.
4.Definitions
In section 3(1) of the Principal Act—
(a)in the definition of "special or personal care"—
(i)in paragraph (a)(iv), for "meals" substitute "eating meals";
(ii)in paragraph (d), for "dispensing" substitute "administering";
(b)insert the following definitions—
' "domestic partner" of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(a)for fee or reward; or
(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"resident's administrator" means the resident's attorney appointed under a power of attorney or an enduring power of attorney to administer the resident's property or a person appointed by a court or tribunal as the administrator of the resident's property;
"resident's guardian" means the resident's guardian appointed under the Guardianship and Administration Act 1986 or appointed by a court;'.
5.Principles applying to supported residential services
In section 10 of the Principal Act—
(a)in paragraph (c), omit "physical";
(b)in paragraph (f), after "friendships" insert "and relationships".
6.Transfer or variation of certificate
In section 74(3) of the Principal Act—
(a)for paragraph (a) substitute—
"(a)the variation under sub-section (1)(a) of the certificate or any condition to which the certificate is subject; or";
(b)in paragraph (b), after "transfer" insert "under sub-section (1)(b)".
7.Revocation of certificate
In section 75(2) of the Principal Act, for "sub-section (1) or section 76" substitute "sub-section (1), section 76 or section 86".
8.Change of directors etc.
At the end of section 86 of the Principal Act insert—
"(2)The Secretary may determine whether a person who is, or is appointed as, a director of or other officer having control over a proprietor that is a body corporate is a fit and proper person to carry on or exercise control over a health service establishment.
(3)In making a determination under sub-section (2), the Secretary must consider any relevant criteria that the Secretary would be required to consider in determining whether an applicant under section 71 is a fit and proper person for the purposes of that section.
(4)If an approval in principle has been granted in respect of a health service establishment and the Secretary subsequently determines that a person referred to in sub-section (2) is not a fit and proper person to carry on or exercise control over the health service establishment, the Secretary, by notice in writing given to the person, may revoke the certificate of approval in principle.".
9.Certificate of renewal of registration
(1)In section 95A(3)(b) of the Principal Act, after "registration" insert "or certificate of renewal of registration".
(2)In section 96(a) of the Principal Act, after "registration" insert "or certificate of renewal of registration".
10.Appointment of administrator of supported residential service
(1)After section 103(1)(b) of the Principal Act insert—
"(ba)the Minister believes on reasonable grounds that the appointment of an administrator to a supported residential service is necessary to protect the interests of the residents of the service; or".
(2)After section 103(2) of the Principal Act insert—
"(2A)The function of an administrator of a supported residential service is—
(a)to manage and operate the service, taking into account the principles set out in section 10; and
(b)to ensure that suitable accommodation and special or personal care for residents of the service is provided at the service or, if necessary, by relocation to another service.".
(3)For section 103(4) of the Principal Act substitute—
"(4)While the appointment of an administrator of a supported residential service has effect, an administrator, in the name of, or as agent of, the proprietor, may do such things as are necessary or desirable for the purpose of carrying out his or her function as an administrator.
(4A)Without limiting the generality of sub-section (4), an administrator of a supported residential service may—
(a)enter and occupy the service;
(b)manage and operate the service;
(c)put into place a financial management system in relation to the service including—
(i)receiving fees from or on behalf of a resident in respect of the resident's accommodation and care at the service;
(ii)receiving money from or on behalf of a resident as an allowance for a resident and appropriately distributing that money to the resident or using it for the benefit of the resident;
(iii)establishing and maintaining a trust account with a financial institution into which money received from or on behalf of residents may be paid;
(iv)making payments in relation to the exercise of any power referred to in this section;
(d)inspect and take possession of any document in connection with the operation and management of the service;
(e)use, repair or replace any equipment or facilities in the service;
(f)prepare and distribute to the residents for consumption any food stored at the service;
(g)enter into or renew any contract for the provision of goods or services or any lease contract or any contract of insurance in relation to the operation and management of the service;
(h)engage additional members of staff to work at the service.
(4B)In carrying out his or her function and exercising a power under this section, an administrator must comply with—
(a)any direction given by the Secretary; and
(b)any guidelines issued by the Secretary in relation to administrators of supported residential services.".
(4)In section 103(5) of the Principal Act, after "services" insert "or the use of premises".
(5)After section 103(9) of the Principal Act insert—
"(10)If a person has been appointed as an administrator of a supported residential service under this section, a resident of the service may make payments in relation to the resident's accommodation and care at the service to the administrator.".
11.New section 104A inserted
After section 104 of the Principal Act insert—
"104A.Application deemed withdrawn
(1)If, in the course of considering an application made under this Part, the Secretary has made 2 or more requests for further information from the applicant and the applicant has failed to provide the requested information within 4 months after the second request and has not given notice to the Secretary under section 104(2), the Secretary may notify the applicant in writing that the application is deemed to be withdrawn unless the requests are complied with within 14 days after the notice is given to the applicant.
(2)An application is deemed to be withdrawn if, within 14 days after the Secretary gives the applicant a notice referred to in sub-section (1), an applicant fails to comply with the requests for further information.".
12.Residential statements
(1)In section 106(1) of the Principal Act, for "guardian" substitute "the resident's guardian or the resident's administrator".
(2)For the penalty at the foot of sections 106(1), 106(2) and 106(3) of the Principal Act substitute—
"Penalty:120 penalty units.".
(3)In section 106(3) of the Principal Act—
(a)for "30 days" substitute "48 hours";
(b)for "relative or guardian of the resident" substitute "relative of the resident or the resident's guardian or the resident's administrator".
(4)In section 106(4) of the Principal Act, for "guardian" substitute "resident's guardian or resident's administrator".
(5)After section 106(4) of the Principal Act insert—
"(5)The statement prepared under this section must be—
(a)signed by the proprietor as soon as practicable; and
(b)signed and returned to the proprietor as soon as practicable after the statement is received under sub-section (3) by the resident or the resident's guardian or resident's administrator.".
13.New sections 106A and 106B inserted
After section 106 of the Principal Act insert—
"106A.Resident's interim and on-going care plans
(1)Within 48 hours after a person becomes a resident of a supported residential service, the proprietor of the service must cause to be prepared in relation to the resident a written document to be called the resident's interim care plan that includes—
(a)the immediate health and special or personal care needs of the resident; and
(b)the services to be provided to the resident to assist with those needs.
Penalty:120 penalty units.
(2)Within 30 days after a person becomes a resident, the proprietor, in consultation with the resident and, if appropriate, a relative of the resident or the resident's guardian, must cause the resident's interim care plan to be reviewed and expanded into a written document to be called the resident's on-going care plan that includes—
(a)the on-going health and special or personal care needs of the resident; and
(b)the services to be provided to the resident to assist with those needs.
Penalty:120 penalty units.
(3)The proprietor must cause a resident's
on-going care plan to be reviewed and updated at least once every 6 months.
Penalty:120 penalty units.
(4)If the resident's health and special or personal care needs change, the on-going care plan must be reviewed and changed as necessary to meet those changed needs of the resident.
(5)The proprietor must ensure that any change to a resident's on-going care plan is prepared in consultation with the resident and, if appropriate, a relative of the resident or the resident's guardian.
Penalty:120 penalty units.
(6)The proprietor must ensure that consultation occurs with the resident's health service providers in the preparation of—
(a)a resident's on-going care plan; and
(b)any changes made to that plan.
Penalty:120 penalty units.
(7)The proprietor must ensure that a resident's on-going care plan is carried out as prepared.
Penalty:120 penalty units.
(8)When so requested, the proprietor must cause a resident's interim care plan, on-going care plan and any changes made to either plan to be available to—
(a)the resident;
(b)the resident's guardian;
(c)staff at the supported residential service;
(d)the resident's health service providers.
Penalty:120 penalty units.
106B.Information for prospective residents
The proprietor of a supported residential service must provide prospective residents who seek information about the service with a document containing information in respect of prescribed matters.
Penalty:10 penalty units.".
14.Notification of next of kin
(1)After section 108F(1) of the Principal Act insert—
"(1A)The proprietor of a supported residential service must maintain an accurate and up to date record of the particulars of any injury or incident that occurs to a resident.
Penalty:120 penalty units.".
(2)In section 108F(4) of the Principal Act, for "(if any) or" substitute "and resident's guardian (if any) and".
(3)In section 108F(5) of the Principal Act—
(a)the definition of "resident's administrator" is repealed;
(b)the definition of "resident's guardian" is repealed;
(c)insert the following definition—
' "next of kin" includes a domestic partner.'.
15.Management of resident's money by proprietor
For section 108H of the Principal Act substitute—
'108H.Management of resident's money by proprietor
(1)The proprietor of a supported residential service may manage or control an amount of money of a resident, being not greater than the prescribed amount, if the proprietor has written consent to do so from—
(a)the resident; or
(b)the resident's administrator.
(2)If the proprietor of a supported residential service manages or controls the money of a resident, the proprietor must—
(a)keep a copy of the consent for that management or control; and
(b)maintain an accurate and up to date record of—
(i)any money that the proprietor manages or controls; and
(ii)any expenditure by the proprietor of any money on behalf of the resident; and
(c)ensure that records kept under paragraph (b) individually itemise each transaction made on behalf of the resident.
Penalty:240 penalty units.
(3)The proprietor of a supported residential service who manages or controls the money of a resident must provide the resident or the resident's administrator upon request with a statement at least once every 3 months setting out any income received and expenditure incurred on behalf of a resident since the previous statement.
Penalty:240 penalty units.
(4)The proprietor of a supported residential service must ensure that—
(a)all expenses and fees charged to a resident are individually itemised and explained to the resident or the resident's administrator; and
(b)a record in respect of all money received by the proprietor on behalf of a resident is provided to the resident or the resident's administrator upon request.
Penalty:240 penalty units.
(5)The proprietor of a supported residential service must, upon request, give access to the resident's financial records held by the proprietor to the resident or the resident's administrator.
Penalty:240 penalty units.
(6)The proprietor, or a member of staff, of a supported residential service must not accept appointment as a resident's administrator or resident's guardian in respect of any resident of the supported residential service of which he or she is proprietor or a member of staff.
Penalty:240 penalty units.
(7)In this section "money of a resident" does not include money payable to the proprietor in relation to accommodation or services provided by the proprietor.'.
16.Minimum staff requirements
After section 108L(2)(a) of the Principal Act insert—
"(aa)is not a fit and proper person, having regard to guidelines issued by the Secretary in relation to the employment of persons in a supported residential service; or".
17.Records
After section 109(2) of the Principal Act insert—
"(3)The proprietor of a supported residential service must cause to be kept in accordance with sub-section (4)—
(a)a list of current residents and corresponding room numbers; and
(b)a current staff roster.
Penalty:120 penalty units.
(4)Any record kept for the purposes of sub-section (3) must be in a format that is readily accessible for inspection by an authorised officer or a community (residential services) visitor.".
18.Offence to carry on business if establishment or proprietor is not registered
In section 111(b) of the Principal Act, after "establishment" insert "or a certificate of renewal of registration of the establishment".
19.Community (residential services) visitors
In section 117(b)(v) of the Principal Act, after "service" insert "or on behalf of a resident of the hospital or service".
20.Delegation by Minister
After section 142 of the Principal Act insert—
"143.Delegation by Minister
If the Minister is not the Minister referred to in section 8B of the Health Act 1958, the Minister may, by instrument, delegate to any person or class of persons employed in the Department or to any other officer or class of officers in the public service any power or function of the Minister under this or any other Act or under the regulations under this or any other Act, other than this power of delegation.".
21.Inquiry by Secretary
In section 144(2) of the Principal Act—
(a)in paragraph (b), after "health service establishment" insert "or proprietor of a health service establishment";
(b)for paragraph (c) substitute—
"(c)a legal practitioner or any other person authorised in writing by a registered funded agency or a health service establishment may represent—
(i)the board of the agency or establishment;
(ii)any officer of the agency or establishment;
(iii)the proprietor of the establishment.".
22.Identity cards
For section 146(3) of the Principal Act substitute—
"(3)An authorised officer must produce his or her identity card for inspection—
(a)before exercising a power under this Act; and
(b)at any time during the exercise of a power under this Act if asked to do so.
Penalty:10 penalty units.".
23.Powers of authorised officers
(1)After section 147(1)(e) of the Principal Act insert—
"(ea)require a proprietor or any member of staff of the health service establishment—
(i)to answer a question to the best of that person's knowledge, information and belief;
(ii)to take reasonable steps to produce documents; and".
(2)After section 147(2) of the Principal Act insert—
"(3)If an authorised officer requires a person referred to in sub-section (1)(ea) to answer a question to the best of that person's knowledge, information and belief, the authorised officer must advise the person that it is a reasonable excuse for that person to refuse to comply with the request if it would tend to incriminate that person.".
24.Offence to obstruct or hinder
At the end of section 149 of the Principal Act insert—
"(2)A person is not guilty of an offence under sub-section (1) if the authorised officer exercising a power under this Act—
(a)failed to produce his or her identity card in accordance with section 146(3); or
(b)failed to warn the person of the effect of sub-section (1).".
25.Transitional—residential statements
For section 165 of the Principal Act substitute—
"165.Residential statements
Section 106(3) as amended by section 12(3) of the Health Services (Supported Residential Services) Act 2004 only applies to a person who becomes a resident after the commencement of section 12(3) of that Act.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 1 April 2004
Legislative Council: 4 May 2004
The long title for the Bill for this Act was "to amend the Health Services Act 1988 and for other purposes."
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