Social Services (Supported Residential Services) Regulations 2024 (Vic)

Version No. 001

Social Services (Supported Residential Services) Regulations 2024

S.R. No. 17/2024

Version as at

1 July 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definitions

5Meaning of staff member

Part 2—Information for prospective residents

6Information for prospective residents

Part 3—Residential and services agreements

7Provider to ensure residential and services agreement explained

8Residential and services agreements—prescribed information

Part 4—Support plans

Division 1—Interim support plans

9Interim support plan

10Compliance with interim support plan

11Availability of interim support plan

Division 2—Ongoing support plans

12Ongoing support plan

13Review of ongoing support plan

14Compliance with ongoing support plan

15Availability of ongoing support plan

Part 5—Notification to person nominated or resident's guardian

16Application of Part

17Notification of deterioration in health

18Notification of injury

19Notification of medication error

20Notification of death

21Notification of behaviour that may pose a serious risk to safety

22Notification of relocation of resident

23Notification of termination of residential and services agreement

Part 6—Medication

24Storage of medication

25Administration of medication to resident

26Self-administration of medication

27Medication records

Part 7—Staffing

28Minimum staffing requirements

29Additional staffing requirements

30Regulator may approve first aid and cardiopulmonary resuscitation courses

31Personal support coordinator

32Continuing education of personal support coordinator

33Resignation or termination of appointment

34Acting personal support coordinator

35Mental health training

36Qualifications or registrations of staff members

37Training and qualifications of staff members performing certain functions

Part 8—Record keeping

38Record of resident information

39Record of staff information

40Record of staff roster

41Transfer record

42How records are to be kept

Part 9—Fees and money and property of residents

43Reportable transactions

44Prohibited transactions

45Management or control of money of resident by provider

46Notice of reportable transactions

47Prescribed information in statement acknowledging receipt of security deposit or fee

48Required records for funds held in trust account

Part 10—Notice to vacate

49Notice to vacate

Part 11—Enforcement

50Infringement offences and penalties

Schedule 1—Infringement offences

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Social Services (Supported Residential Services) Regulations 2024

S.R. No. 17/2024

Version as at

1 July 2024

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe requirements that must be met by providers of supported residential services.

2Authorising provision

These Regulations are made under section 316 of the Social Services Regulation Act 2021.

3Commencement

These Regulations come into operation on 1 July 2024.

4Definitions

In these Regulations—

close associate has the same meaning as in section 213 of the Act;

establishment fee has the same meaning as in section 213 of the Act;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

health service has the same meaning as in section 5 of the Health Practitioner Regulation National Law;

injury means either or both of the following, whether temporary or permanent—

(a)physical injury;

(b)  psychological injury;

interim support plan means a plan prepared under regulation 9;

label means—

(a)a statement in writing on a container of medication; and

(b)includes any tag, brand, mark or statement in writing on, attached to or used in connection with any container or package containing any medication;

medication means prescription medication or non‑prescription medication;

Mental Health and Wellbeing Commission has the same meaning as in the Mental Health and Wellbeing Act 2022;

non-prescription medication, in relation to a resident, means a Schedule 2 poison or a Schedule 3 poison that a registered health practitioner has instructed the resident to take;

Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;

ongoing support plan means a plan prepared under regulation 12;

person nominated has the same meaning as in section 213 of the Act;

personal support coordinator, in relation to a supported residential service, means a person appointed under regulation 31;

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

prescription medication, in relation to a resident, means a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison that is prescribed for the resident by a registered health practitioner;

prohibited transaction has the meaning given by section 215 of the Act;

provider has the same meaning as in section 213 of the Act;

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student);

reportable transaction has the same meaning as in section 213 of the Act;

reservation fee has the same meaning as in section 213 of the Act;

resident has the same meaning as in section 213 of the Act;

residential aged care service means a residential care service within the meaning of the Aged Care Act 1997 of the Commonwealth;

residential and services agreement has the same meaning as in section 213 of the Act;

resident's administrator has the same meaning as in section 213 of the Act;

resident's guardian has the same meaning as in section 213 of the Act;

Schedule 2 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

Schedule 3 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

Schedule 4 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

Schedule 8 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

Schedule 9 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

security deposit has the same meaning as in section 213 of the Act;

staff member, in relation to a supported residential service, has the meaning given by regulation 5;

storage facility includes a drawer, cabinet, receptacle, cupboard, refrigerator or room;

support plan has the same meaning as in section 213 of the Act;

supported residential service has the meaning given by section 214(1) of the Act;

the Actmeans the Social Services Regulation Act 2021;

transfer record means a record made under regulation 41.

5Meaning of staff member

(1)Subject to subregulation (2), a staff member, in relation to a supported residential service, means—

(a)the provider; or

(b)if the provider is a body corporate, a director of the provider; or

(c)a person employed or engaged by the provider; or

(d)a person who provides services in exchange for accommodation at the supported residential service or benefits other than wages.

(2)A staff member, in relation to a supported residential service, does not include—

(a)a volunteer; or

(b)a student undertaking a work placement at the supported residential service; or

(c)a resident.

PART 2—INFORMATION FOR PROSPECTIVE RESIDENTS

6Information for prospective residents

(1)A provider must provide prospective residents who seek information about the supported residential service with a document containing the information specified in subregulation (2).

Penalty:10 penalty units, in the case of an individual;

50 penalty units, in the case of a body corporate.

(2)For the purposes of subregulation (1), the following information is specified—

(a)the name and address of the supported residential service;

(b)the name of the provider;

(c)the number of beds at the supported residential service, the number of bedrooms at the supported residential service and the occupancy of each of those bedrooms;

(d)a statement that—

(i)the provider is regulated by the Social Services Regulator; and

(ii)the provider must comply with—

(A)the Social Services Standards as far as is reasonably practicable; and

(B)any other requirements under the Act or regulations that relate to the provision of services at the supported residential service;

(e)the items or services provided by the provider at the supported residential service and, if applicable, any relevant service or activity that is not provided by the provider;

(f)the current fee, charge or other amount that is payable to the provider for the provision of those items or services, including the following—

(i)the frequency with which each fee, charge or other amount is payable;

(ii)how each fee, charge or other amount is payable;

(iii)how residents are to be informed of any changes to the provision of those items or services or any changes to the fees, charges or other amounts payable for those items or services;

(iv)the circumstances in which the provider is to refund any security deposit, establishment fee, fee paid in advance or reservation fee received, including the circumstances in which refunds are required under the Act;

(v)a statement that a resident has the right to apply to VCAT for an order if the provider does not refund a security deposit, an establishment fee, a fee paid in advance or a reservation fee in accordance with the Act;

(g)the rights and responsibilities of a resident in relation to the provision to the resident of items and services;

(h)the processes for lodging feedback, complaints or concerns in relation to service delivery or safety;

(i)the processes for dispute management in relation to service delivery or safety;

(j)if a service is offered to manage residents' money, the maximum amount of money that can be managed;

(k)the routines observed at the supported residential service including meal times, activities and housekeeping schedules;

(l)any house rules that apply at the supported residential service;

(m)how personal support services are planned and reviewed for a resident and who may be consulted in the process;

(n)a statement explaining that a resident may nominate a person to receive information relating to the resident's accommodation and personal support received at the supported residential service;

(o)information about residential and services agreements, including—

(i)what a residential and services agreement is; and

(ii)how changes may be made to the residential and services agreement, including the required period of notice to be given to the resident before the change takes effect;

(p)how a residential and services agreement may end, including the period of notice a resident must give of the resident's intention to vacate the premises;

(q)a statement explaining when a provider may give a notice to vacate to a resident, including—

(i)the grounds for which a notice to vacate may be given, including the resident requiring more health care or personal support than can be provided at the supported residential service; and

(ii)the period of notice that a provider is required to give under the Act; and

(iii)that a resident has the right to apply to VCAT if the resident disagrees with a notice to vacate;

(r)the health and community services in the area in which the supported residential service is located.

PART 3—RESIDENTIAL AND SERVICES AGREEMENTS

7Provider to ensure residential and services agreement explained

A provider must ensure that, before a residential and services agreement with a resident is finalised, the terms of the residential and services agreement are explained to the following persons in a way that is accessible and understandable to them—

(a)the resident;

(b)the resident's guardian (if any);

(c)the resident's person nominated (if any).

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

8Residential and services agreements—prescribed information

For the purposes of section 224(1) of the Act, the following is prescribed information—

(a)the name and address of the supported residential service;

(b)the name of the provider;

(c)the contact details of the provider or, if there is a day-to-day manager of the supported residential service, the contact details of the day-to-day manager;

(d)the number of beds at the supported residential service, the number of bedrooms at the supported residential service and the occupancy of each of those bedrooms;

(e)a statement that—

(i)the provider is regulated by the Social Services Regulator; and

(ii)the provider must comply with—

(A)the Social Services Standards as far as is reasonably practicable; and

(B)any other requirements under the Act or regulations that relate to the provision of services at the supported residential service;

(f)the name of the resident;

(g)details identifying the resident's accommodation;

(h)the commencement date and duration of the residential and services agreement;

(i)the name and contact details of—

(i)the resident's guardian (if any); and

(ii)the resident's administrator (if any); and

(iii)the person nominated (if any);

(j)the items and services to be provided to the resident by the provider;

(k)the current fee, charge or other amount that is or may be payable by the resident to the provider for the provision of those items and services, including the following—

(i)the frequency with which each fee, charge or other amount is payable;

(ii)how each fee, charge or other amount is payable;

(iii)how residents are to be informed of any changes to the provision of those items or services or any changes to the fees, charges or other amounts payable for those items or services;

(iv)the circumstances in which the provider is to refund any security deposit, establishment fee, fee paid in advance or reservation fee received, including the circumstances in which refunds are required under the Act;

(v)a statement that a resident has the right to apply to VCAT for an order if the provider does not refund a security deposit, an establishment fee, a fee paid in advance or a reservation fee in accordance with the Act;

(l)the rights and responsibilities of a resident in relation to the provision to the resident of items and services;

(m)the processes for lodging feedback, complaints or concerns in relation to service delivery or safety;

(n)the processes for dispute management in relation to service delivery or safety;

(o)if a service is offered to manage residents' money, the maximum amount of money that can be managed;

(p)the routines observed at the supported residential service including meal times, activities and housekeeping schedules;

(q)any house rules that apply at the supported residential service;

(r)how personal support services are planned and reviewed for the resident and who may be consulted in the process;

(s)a statement explaining that a resident may nominate a person to receive information relating to the resident's accommodation and personal support received at the supported residential service;

(t)a list of the furniture included in the room occupied by the resident that belongs to the supported residential service;

(u)how changes may be made to the residential and services agreement, including the required period of notice to be given to the resident before the change takes effect;

(v)how the residential and services agreement may be ended, including, if the resident wishes to leave the supported residential service, the period within which the resident must give notice to the provider of the resident's intention to vacate;

(w)a statement explaining when a provider may give a notice to vacate to a resident, including—

(i)the grounds for which a notice to vacate may be given, including the resident requiring more health care or personal support than can be provided at the supported residential service; and

(ii)the period of notice that a provider is required to give under the Act; and

(iii)that a resident has the right to apply to VCAT if the resident disagrees with a notice to vacate;

(x)the processes in place for residents to request repairs or maintenance at the supported residential service that are required for the premises, facilities, equipment, furniture and fittings to be in a safe and serviceable condition;

(y)the right of a resident to raise concerns about service safety with the Social Services Regulator;

(z)the right of a resident to make a complaint about service safety to any other entity, including the following—

(i)the Ombudsman;

(ii)the Health Complaints Commissioner;

(iii)the Department of Families, Fairness and Housing;

(iv)the Mental Health and Wellbeing Commission;

(za)the right of a resident or any person on behalf of a resident to request the provider to arrange for the resident to see a community visitor under section 191 of the Supported Residential Services (Community Visitors) Act 2010;

(zb)the health and community services in the area in which the supported residential service is located.

PART 4—SUPPORT PLANS

Division 1—Interim support plans

9Interim support plan

(1)Within 48 hours after a resident's admission to a supported residential service, the provider must ensure that a written interim support plan is prepared for the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A resident's interim support plan must set out—

(a)the immediate health and personal support needs of the resident; and

(b)the services to be provided to the resident under the residential and services agreement to assist with those needs.

(3)Without limiting subregulation (2), a resident's interim support plan must set out any other services to be provided to the resident to assist with the resident's immediate health and personal support needs.

10Compliance with interim support plan

A provider must ensure that the services described in regulation 9(2)(b) are provided to the resident in accordance with the interim support plan.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

11Availability of interim support plan

A provider must ensure that a copy of a resident's interim support plan is made available—

(a)on the request of the resident or a community visitor—to the resident; or

(b)on the request of the resident, the person nominated or a community visitor—to the person nominated; or

(c)on the request of the resident, the person nominated or a registered health practitioner who is treating the resident—to the registered health practitioner who is treating the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

Division 2—Ongoing support plans

12Ongoing support plan

(1)Within 28 days after a resident's admission to a supported residential service, the provider must ensure that a written ongoing support plan is prepared for the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)During the preparation of a resident's ongoing support plan, the provider must ensure that—

(a)the resident's interim support plan is reviewed; and

(b)the resident and the person nominated (if any) are consulted.

(3)A resident's ongoing support plan must set out—

(a)the ongoing health and personal support needs of the resident; and

(b)the services to be provided to the resident under the residential and services agreement to assist with those needs.

(4)Without limiting subregulation (3), a resident's ongoing support plan must set out any other services to be provided to the resident to assist with the resident's ongoing health and personal support needs.

13Review of ongoing support plan

(1)A provider must ensure that a resident's ongoing support plan is reviewed and updated at least once every 6 months.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)If a resident's health and personal support needs change, the provider must ensure that the resident's ongoing support plan is reviewed and varied as necessary to meet the changed needs of the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)A provider must ensure that any variation to a resident's ongoing support plan is prepared in consultation with—

(a)the resident; and

(b)the person nominated (if any).

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

14Compliance with ongoing support plan

A provider must ensure that the services described in regulation 12(3)(b) are provided to the resident in accordance with the ongoing support plan.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

15Availability of ongoing support plan

A provider must ensure that a copy of a resident's ongoing support plan is made available—

(a)on the request of the resident or a community visitor—to the resident; or

(b)on the request of the resident, the person nominated or a community visitor—to the person nominated; or

(c)on the request of the resident, the person nominated or a registered health practitioner who is treating the resident—to the registered health practitioner who is treating the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

PART 5—NOTIFICATION TO PERSON NOMINATED OR RESIDENT'S GUARDIAN

16Application of Part

This Part applies if a resident has a person nominated or a resident's guardian.

17Notification of deterioration in health

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of any significant sign of deterioration in the health of the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

18Notification of injury

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of any injury to the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

19Notification of medication error

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of any error in the administration of any medication to the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

20Notification of death

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of the death of the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

21Notification of behaviour that may pose a serious risk to safety

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of any behaviour by the resident that may pose a serious risk to the safety of—

(a)the resident; or

(b)any other person at the supported residential service.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

22Notification of relocation of resident

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable of any proposal to relocate the resident to another bedroom within the supported residential service.

Penalty:10 penalty units, in the case of an individual;

50 penalty units, in the case of a body corporate.

23Notification of termination of residential and services agreement

The provider must ensure that the person nominated or resident's guardian is informed as soon as practicable if the provider believes the resident's residential and services agreement has ended under section 228, 230, 231 or 232 of the Act.

Penalty:10 penalty units, in the case of an individual;

50 penalty units, in the case of a body corporate.

PART 6—MEDICATION

24Storage of medication

(1)A provider must take reasonable steps to ensure that any medication stored on behalf of a resident is kept in a lockable storage facility that is secured to prevent access by any person other than the provider or a person who is authorised by the provider.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must take reasonable steps to ensure that when a storage facility containing medication stored on behalf of a resident is unlocked, the storage facility is directly supervised by a staff member who is authorised by the provider.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)A provider must take reasonable steps to ensure that any medication stored on behalf of a resident is stored in accordance with any storage instructions on the label for the medication.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(4)A provider must take reasonable steps to ensure that adequate precautions are taken for medication that a resident self-administers to be safely stored.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(5)A provider must take reasonable steps to ensure that a resident's medication is not kept at the supported residential service after—

(a)the resident vacates the supported residential service; or

(b)the medication expires; or

(c)the resident no longer requires the medication.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(6)A provider must take reasonable steps to ensure that medication stored on behalf of a resident accompanies that resident if—

(a)the resident vacates the supported residential service; or

(b)the resident temporarily leaves the supported residential service and requires the medication during their absence from the service.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

25Administration of medication to resident

(1)A provider must take reasonable steps to ensure that a staff member who administers a resident's prescription medication to the resident administers it in accordance with the directions of the registered health practitioner who prescribed the medication.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must take reasonable steps to ensure that a staff member who administers a resident's non-prescription medication to the resident administers it in accordance with the product instructions on the label for that medication unless advised otherwise by a registered health practitioner.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)A provider must take reasonable steps to ensure that before a staff member administers or supervises the administration of a resident's medication to the resident, the staff member confirms that the medication is being administered—

(a)to the correct resident; and

(b)at the correct dose; and

(c)at the correct frequency; and

(d)at the correct time.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(4)A provider must take reasonable steps to ensure that if a staff member has any concern about the appropriateness of medication to be administered to a resident, the staff member consults with the registered health practitioner who is treating the resident or a pharmacist before administering that medication to the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(5)A provider must take reasonable steps to ensure that the registered health practitioner who is treating a resident is notified without delay of—

(a)any failure to administer the resident's medication to the resident, whether due to refusal or otherwise; or

(b)any error in administering the resident's medication to the resident.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

26Self-administration of medication

A provider must take reasonable steps to ensure that the registered health practitioner who is treating a resident is notified without delay if there is reason to believe that the resident has maladministered or failed to administer any prescription medication that the resident is responsible for self-administering.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

27Medication records

(1)A provider must keep the following records about a resident's medication—

(a)the resident's full name, date of birth and known medication allergies;

(b)the name of each medication;

(c)the strength and dosage of each medication;

(d)the manner and frequency for administering each medication, and any other directions or details about administering each medication;

(e)for prescription medication—

(i)the details of the prescription; and

(ii)if known, the name and contact details of the registered health practitioner who prescribed the medication to the resident;

(f)for non-prescription medication, the name and contact details, if known, of the registered health practitioner who instructed the resident to take the non-prescription medication;

(g)the date on which the record was commenced and, if applicable, completed.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must ensure that the following records are made immediately after each occasion that a staff member administers medication to a resident—

(a)the date and time that the medication was administered;

(b)any variation from the directions for administration;

(c)the name and signature of the staff member who administered or supervised the administration of the medication;

(d)any failure to administer the medication, whether due to refusal or otherwise;

(e)any error in administering the medication.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

PART 7—STAFFING

28Minimum staffing requirements

(1)A provider must ensure that, from Monday to Friday inclusive, between the hours of 7 a.m. and 7 p.m.—

(a)a personal support coordinator is on duty at the supported residential service for—

(i)a total of at least 38 hours during that period; and

(ii)at least 2 hours on each day; and

(b)for every 30 residents or portion of 30 residents at the supported residential service, at least one staff member is on duty at the service to provide personal support to those residents; and

(c)at least one staff member is on duty at the supported residential service who has completed—

(i)within the previous 3 years, a first aid course approved by the Regulator; or

(ii)within the previous 12 months, a course in performing cardiopulmonary resuscitation approved by the Regulator.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must ensure that, on Saturday and Sunday between the hours of 7 a.m. and 7 p.m.—

(a)at least one staff member who holds a qualification or registration specified in regulation 36(2) is on duty at the supported residential service for—

(i)a total of at least 15·2 hours during that period; and

(ii)at least 3·2 hours on each day; and

(b)for every 30 residents or portion of 30 residents at the supported residential service, at least one staff member is on duty at the service to provide personal support to those residents; and

(c)at least one staff member is on duty at the supported residential service who has completed—

(i)within the previous 3 years, a first aid course approved by the Regulator; or

(ii)within the previous 12 months, a course in performing cardiopulmonary resuscitation approved by the Regulator.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)A provider must ensure that, at all times other than during a period referred to in subregulation (1) or (2), at least one staff member is on duty at the supported residential service who—

(a)is able to respond to any emergency or incident requiring first aid; and

(b)has completed—

(i)within the previous 3 years, a first aid course approved by the Regulator; or

(ii)within the previous 12 months, a course in performing cardiopulmonary resuscitation approved by the Regulator.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

29Additional staffing requirements

(1)A provider must ensure that, in addition to the staff members who are required to be on duty at the supported residential service under regulation 28, an adequate number of staff members are on duty at the service at all times to meet the health and personal support needs of each resident in a timely manner in accordance with the resident's support plan.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must ensure that, in addition to the staff members who are required to be on duty at the supported residential service under regulation 28 and subregulation (1), an adequate number of staff members are on duty at the service at all times to perform ancillary functions so that the staff members who are employed or engaged to provide personal support to the residents are not unduly hindered in providing that support.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)In this regulation—

ancillary function includes the provision of cooking, cleaning or maintenance services at a supported residential service, but does not include the provision of personal support to a resident.

30Regulator may approve first aid and cardiopulmonary resuscitation courses

(1)For the purposes of regulation 28, the Regulator may approve—

(a)a first aid course to be completed by staff members of supported residential services; and

(b)a course in performing cardiopulmonary resuscitation to be completed by staff members of supported residential services.

(2)The Regulator must publish notice of an approval of a course under subregulation (1) on the Regulator's Internet site.

31Personal support coordinator

(1)A provider must appoint at least one individual as a personal support coordinator for the supported residential service who, on behalf of or together with the provider, is responsible for the coordination and continuity of the personal support provided to residents.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must not appoint an individual as a personal support coordinator unless the individual holds a qualification or registration specified in regulation 36(2).

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)Nothing in this regulation prevents a provider who is an individual from appointing themselves as a personal support coordinator.

32Continuing education of personal support coordinator

(1)A provider must ensure that a personal support coordinator for the supported residential service undertakes a minimum of 40 hours of training in the priority areas determined by the Regulator for every 3 years of the coordinator's appointment.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)For the purposes of subregulation (1), the Regulator may determine a priority area for the training of personal support coordinators.

(3)The Regulator must publish notice of a determination of a priority area for the training of personal support coordinators on the Regulator's Internet site.

(4)The hours of training required under subregulation (1) may be calculated on a pro rata basis.

33Resignation or termination of appointment

(1)A provider must notify the Regulator within 7 days after—

(a)a personal support coordinator for the supported residential service resigns; or

(b)the appointment of a personal support coordinator for the supported residential service is terminated.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must appoint another personal support coordinator for the supported residential service as soon as practicable after a personal support coordinator resigns or the appointment of a personal support coordinator is terminated, unless an adequate number of personal support coordinators are already appointed for the service to meet the staffing requirements under regulation 28.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

34Acting personal support coordinator

(1)A provider must appoint an individual as an acting personal support coordinator for the supported residential service if a personal support coordinator is absent for more than 7 days, unless an adequate number of personal support coordinators are already appointed for the service to meet the staffing requirements under regulation 28.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must appoint an individual as an acting personal support coordinator for the supported residential service as soon as practicable—

(a)after a personal support coordinator resigns; or

(b)the appointment of a personal support coordinator is terminated—

for the period until another personal support coordinator is appointed, unless an adequate number of personal support coordinators are already appointed for the service to meet the staffing requirements under regulation 28.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(3)A provider must not appoint an individual as an acting personal support coordinator for more than 12 weeks unless the individual holds a qualification or registration specified in regulation 36(2).

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

35Mental health training

(1)A provider who is an individual must undertake mental health training in the priority areas determined by the Regulator.

(2)A provider must ensure that the following persons undertake mental health training in the priority areas determined by the Regulator—

(a)any personal support coordinator for the supported residential service;

(b)any person who is responsible for the day‑to‑day management of the supported residential service.

(3)For the purposes of subregulations (1) and (2), the Regulator may determine a priority area for mental health training.

(4)The Regulator must publish notice of a determination of a priority area for mental health training on the Regulator's Internet site.

36Qualifications or registrations of staff members

(1)A provider must ensure that an adequate number of staff members at the supported residential service hold a qualification or registration specified in subregulation (2).

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)The specified qualifications and registrations are—

(a)completion of one of the following qualifications awarded by a registered training organisation—

(i)Certificate III in Individual Support;

(ii)Certificate III in Home and Community Care;

(iii)Certificate III in Disability;

(iv)Certificate IV in Mental Health;

(v)Certificate IV in Alcohol and Other Drugs; or

(b)a qualification in a related area that is recognised by a relevant authority as being equivalent to a qualification referred to in paragraph (a); or

(c)registration under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(d)registration under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student).

(3)In this regulation—

registered training organisation means—

(a)an RTO within the meaning of section 4.1.1 of the Education and Training Reform Act 2006; or

(b)a training organisation that is registered under a law of the Commonwealth or another State or a Territory by a body that is responsible for the registration under that law of training organisations that provide vocational education and training;

related area means the provision of personal support and assistance with daily living activities to persons with similar support needs to residents;

relevant authority means—

(a)the Department of Education of the Commonwealth; or

(b)a State or Commonwealth government department or public authority that is responsible for recognising skills obtained overseas; or

(c)for a qualification obtained in Australia, a registered training organisation.

37Training and qualifications of staff members performing certain functions

(1)A provider must ensure that any staff member who is on duty at the supported residential service to perform an ancillary function—

(a)is appropriately trained to perform the function; and

(b)if necessary to perform the function, holds an appropriate qualification to perform the function.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)In this regulation—

ancillary function includes the provision of cooking, cleaning or maintenance services at a supported residential service, but does not include the provision of personal support to a resident.

PART 8—RECORD KEEPING

38Record of resident information

(1)A provider must keep a record in relation to each resident that includes the information specified in subregulation (2).

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)The following information is specified—

(a)the resident's full name;

(b)the resident's gender;

(c)the resident's date of birth;

(d)the date of the resident's admission to the supported residential service;

(e)the resident's nationality;

(f)any languages used by the resident;

(g)the resident's religious denomination (if any);

(h)if known by the provider, the resident's pension number and type (if any);

(i)the resident's room number at the supported residential service;

(j)the name and contact details of the resident's next of kin or a relative of the resident (if any);

(k)the name and contact details of the resident's administrator (if any);

(l)the name and contact details of the resident's guardian (if any);

(m)the name and contact details of the person nominated (if any);

(n)the name and contact details of the resident's registered medical practitioner and any other registered health practitioner who is treating the resident;

(o)the resident's residential and services agreement and any documents amending or varying that agreement from time to time;

(p)any personal information (within the meaning of the Health Records Act 2001) or health information (within the meaning of that Act) about the resident that is held by the supported residential service including—

(i)all documents forming part of the resident's interim support plan and ongoing support plan; and

(ii)any documents amending or varying the resident's interim support plan or ongoing support plan from time to time;

(q)any document prepared or received by the provider relating to the payment by the resident of a security deposit, a fee in advance, a reservation fee or an establishment fee, including a copy of any statement provided to the resident under section 245 of the Act;

(r)any document prepared by the provider under section 219 or 220 of the Act in relation to money managed or controlled on behalf of the resident;

(s)a list of items of personal property belonging to the resident that are brought into the supported residential service;

(t)any notice to vacate given to the resident;

(u)any transfer record relating to the resident.

(3)A provider must retain a resident record for a period of 7 years from the date on which the record was last updated.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

39Record of staff information

(1)A provider must keep a record in relation to each staff member at the supported residential service that includes the information specified in subregulation (2).

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)The following information is specified—

(a)the staff member's name;

(b)the date on which the staff member's employment or engagement commences at the supported residential service;

(c)a copy of any relevant qualifications or registrations held by the staff member, including qualifications or registrations required under Part 7;

(d)evidence of the completion of any relevant training by the staff member, including training required under Part 7;

(e)the staff member's role at the supported residential service;

(f)a copy of any criminal record check undertaken in relation to the staff member;

(g)the date on which the staff member's employment or engagement is terminated (if applicable).

(3)A provider must retain a staff member record for a period of 7 years from the date on which the record was last updated.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

40Record of staff roster

(1)A provider must keep a record of each staff roster for the supported residential service that includes the information specified in subregulation (2).

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)The following information is specified—

(a)the commencement date and end date for the period to which the roster applies;

(b)the days, times and number of hours to be worked by each staff member during the roster period;

(c)the role for which each staff member is rostered.

(3)A provider must retain a staff roster record for a period of 7 years from the end date of the roster.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

41Transfer record

(1)A provider must keep a record of any temporary or permanent transfer of a resident to—

(a)another supported residential service; or

(b)a residential aged care service; or

(c)a health service for an overnight stay at the premises of the health service.

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)A transfer record must include the following information—

(a)the resident's full name;

(b)the resident's gender;

(c)the resident's date of birth;

(d)the resident's nationality;

(e)any languages used by the resident;

(f)the resident's religious denomination (if any);

(g)if known by the provider, the resident's pension number and type (if any);

(h)the name and contact details of the resident's next of kin or a relative of the resident (if any);

(i)the name and contact details of the resident's administrator (if any);

(j)the name and contact details of the resident's guardian (if any);

(k)the name and contact details of the person nominated (if any);

(l)the name and telephone number of the transferring supported residential service;

(m)the name of the service to which the resident is being transferred;

(n)the date of the transfer;

(o)the reason for the transfer;

(p)the name and contact details of the resident's registered medical practitioner and any other registered health practitioner who is treating the resident;

(q)the details of any medication that the resident is required to take;

(r)the details of any allergies of the resident;

(s)a summary of the current personal support needs of the resident;

(t)details identifying any reports or other documents that are transferred with the resident.

(3)A provider must ensure that a copy of a resident's transfer record is given to the service to which the resident is transferred.

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(4)A provider must retain a transfer record for a period of 7 years from the date on which the record was made.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

42How records are to be kept

(1)A provider must ensure that a record required to be kept under this Part is kept in the English language.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)A provider must ensure that a record required to be kept under this Part is kept in a secure location that—

(a)is at the supported residential service while the provider is registered to provide the supported residential service; and

(b)at any time, is readily accessible by an authorised officer for the purpose of monitoring compliance with the Act, these Regulations or any other regulations made under the Act.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

PART 9—FEES AND MONEY AND PROPERTY OF RESIDENTS

43Reportable transactions

(1)For the purposes of the definition of reportable transaction in section 213 of the Act, the prescribed amount is—

(a)if there have been one or more relevant transactions within the previous 3 months, any amount that, when combined with the total value of the real or personal property involved in those relevant transactions, exceeds $250; or

(b)in any other case, $250.

(2)In this regulation—

relevant transaction means a transaction—

(a)between the provider, or a close associate of the provider, and the resident; and

(b)that involves real or personal property the value of which does not exceed the amount referred to in subregulation (1)(b); and

(c)that would be a reportable transaction within the meaning of section 213 of the Act if the value of the real or personal property involved in the transaction exceeded the amount referred to in subregulation (1)(b).

44Prohibited transactions

(1)For the purposes of paragraph (a) of the definition of prohibited transaction in section 215(1) of the Act, the prescribed amount is—

(a)if there have been one or more relevant gifts within the previous 6 months, any amount that, when combined with the total value of those relevant gifts, equals or exceeds $250; or

(b)in any other case, $250.

(2)For the purposes of paragraph (d) of the definition of prohibited transaction in section 215(1) of the Act, the prescribed amount is—

(a)if there have been one or more relevant transactions within the previous 3 months, any amount that, when combined with the total value of those relevant transactions, exceeds $250; or

(b)in any other case, $250.

(3)For the purposes of paragraph (e) of the definition of prohibited transaction in section 215(1) of the Act, the prescribed amount is—

(a)if there have been one or more relevant transactions within the previous 3 months, any amount that, when combined with the total value of those relevant transactions, exceeds $850; or

(b)in any other case, $850.

(4)In this regulation—

relevant gift means a gift—

(a)from the resident to the provider, or a close associate of the provider; and

(b)the value of which is less than the amount referred to in subregulation (1)(b); and

(c)that would be a prohibited transaction within the meaning of section 215 of the Act if the value of the gift equalled or exceeded the amount referred to in subregulation (1)(b);

relevant transaction means a transaction—

(a)between the provider, or a close associate of the provider, and the resident; and

(b)the value of which does not exceed the amount referred to in subregulation (2)(b) or (3)(b) (as the case requires); and

(c)that would be a prohibited transaction within the meaning of section 215 of the Act if the value of the transaction exceeded the amount referred to in subregulation (2)(b) or (3)(b) (as the case requires).

45Management or control of money of resident by provider

(1)A provider who manages or controls money of a resident must not manage or control an amount that is more than the equivalent of one month's fees for that resident at any one time.

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)A provider who manages or controls money of a resident must keep a copy of the written consent required under section 218 of the Act for that management or control.

Penalty:10 penalty units, in the case of an individual;

50 penalty units, in the case of a body corporate.

(3)A provider who manages or controls money of a resident must keep the receipt for, or evidence of, each transaction made on behalf of the resident if the amount of the transaction equals or exceeds $50.

Penalty:10 penalty units, in the case of an individual;

50 penalty units, in the case of a body corporate.

46Notice of reportable transactions

A notice under section 237(1) or (2) of the Act must be in writing and include—

(a)a copy of any written agreement for the reportable transaction; and

(b)if the reportable transaction involves real or personal property the value of which exceeds $850, evidence of—

(i)the market value of the real or personal property involved in the reportable transaction; and

(ii)any independent financial or legal advice obtained by the resident or the resident's administrator in respect of the reportable transaction.

47Prescribed information in statement acknowledging receipt of security deposit or fee

For the purposes of section 245 of the Act, the prescribed information is the following—

(a)the name of the resident and the name of the person from whom the security deposit, establishment fee, fee paid in advance or reservation fee is received;

(b)the name of the supported residential service;

(c)the date on which the security deposit, establishment fee, fee paid in advance or reservation fee is received;

(d)the amount paid;

(e)whether the payment is a security deposit, an establishment fee, a fee paid in advance or a reservation fee;

(f)the circumstances in which the security deposit, establishment fee, fee paid in advance or reservation fee may be refunded, including the circumstances set out in sections 250, 255(2) or 257 of the Act (as the case requires);

(g)the account name, account number and ADI at which the security deposit, establishment fee, fee paid in advance or reservation fee has been or will be deposited;

Note

The Interpretation of Legislation Act 1984 provides that an ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.

(h)the name and signature of the provider.

48Required records for funds held in trust account

For the purposes of section 247 of the Act, the separate records of funds held in a trust account in relation to each resident must include—

(a)the name of the resident and the name of the person from whom the security deposit, establishment fee, fee paid in advance or reservation fee is received; and

(b)the name of the supported residential service; and

(c)the date on which the security deposit, establishment fee, fee paid in advance or reservation fee is received; and

(d)the amount paid; and

(e)whether the payment is a security deposit, an establishment fee, a fee paid in advance or a reservation fee; and

(f)the circumstances in which the security deposit, establishment fee, fee paid in advance or reservation fee may be refunded, including the circumstances set out in sections 250, 255(2) or 257 of the Act (as the case requires); and

(g)the account name, account number and ADI at which the security deposit, establishment fee, fee paid in advance or reservation fee has been or will be deposited.

PART 10—NOTICE TO VACATE

49Notice to vacate

For the purposes of section 259(2) of the Act, the prescribed time is one business day after the notice to vacate is given.

PART 11—ENFORCEMENT

50Infringement offences and penalties

(1)For the purposes of section 151(1) of the Act, an offence specified in Column 2 of the table in Schedule 1 is prescribed as an infringement offence.

(2)For the purposes of section 151(3) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in Column 3 of the table in Schedule 1 in respect of that infringement offence.

SCHEDULE 1—INFRINGEMENT OFFENCES

Regulation 50

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty
1	An offence against regulation 9(1)	6 penalty units for an individual 30 penalty units for a body corporate
2	An offence against regulation 12(1)	6 penalty units for an individual 30 penalty units for a body corporate
3	An offence against regulation 13(1)	6 penalty units for an individual 30 penalty units for a body corporate
4	An offence against regulation 20	6 penalty units for an individual 30 penalty units for a body corporate
5	An offence against regulation 33(1)	6 penalty units for an individual 30 penalty units for a body corporate
6	An offence against regulation 38(1)	2 penalty units for an individual 10 penalty units for a body corporate
7	An offence against regulation 39(1)	2 penalty units for an individual 10 penalty units for a body corporate
8	An offence against regulation 40(1)	2 penalty units for an individual 10 penalty units for a body corporate
9	An offence against regulation 45(2)	1 penalty unit for an individual 5 penalty units for a body corporate
10	An offence against regulation 45(3)	1 penalty unit for an individual 5 penalty units for a body corporate

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Social Services (Supported Residential Services) Regulations 2024, S.R. No. 17/2024 were made on 26 March 2024 by the Governor in Council under section 316 of the Social Services Regulation Act 2021, No. 37/2021 and came into operation on 1 July 2024: regulation 3.

The Social Services (Supported Residential Services) Regulations 2024 will sunset 10 years after the day of making on 26 March 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Social Services (Supported Residential Services) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.