Untitled document

Health Services (Amendment) Act 1997

Act No. 73/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENTS RELATING TO NURSING HOMES

AND HOSTELS 3

4.	Amendment of various definitions	3
5.	Amendment of section 6	4
6.	Amendment of references to nursing homes and hostels	4
7.	Consequential amendments to Health Services (Conciliation
and Review) Act 1987	5

PART 3—OFFENCES RELATING TO SUPPORTED

RESIDENTIAL SERVICES 6

8. New offences inserted 6

108A.	Privacy, dignity and security of residents	6
108B.	Personal hygiene of residents	6
108C.	Medication for residents	7
108D.	Suitable nutrition for residents	7
108E.	Mobility and sensory function of residents	7
108F.	Notification of certain matters to next of kin etc.	8
108G.	Procedures for resident complaints	9
108H.	Duties in respect of resident's financial records	10
108I.	Maintenance and cleanliness of supported residential
service	11
108J.	Communications systems in supported residential
service	12
108K.	Supply of water must be safe	12
108L.	Minimum staff requirements	12

i

Section Page

9. Section 156A inserted 13

156A.	Extension of time limit for proceedings for certain
offences 13

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NOTES 14

ii

Victoria

No. 73 of 1997

Health Services (Amendment) Act 1997†

[Assented to 25 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are to amend the

Health Services Act 1988—

(a)	to replace certain references to nursing homes and hostels; and
(b)	to provide for offences in relation to supported residential services; and

Health Services (Amendment) Act 1997

Act No. 73/1997 s. 2

(c) to extend the period for the commencement of proceedings in respect of certain offences to 3 years.

2. Commencement

(1) Part 1 of this Act comes into operation on the day

on which it receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 30 June 1999, it comes into operation on that day.

3. Principal Act

Act No.

In this Act the Health Services Act 1988 is called	49/1988.
the Principal Act.	Reprint No. 3 as at 22 May
1997. Further amended by
Nos 63/1995 and 17/1997
and G.G. 19.6.1997,
pages 1416, 1417.

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Health Services (Amendment) Act 1997

s. 4 Act No. 73/1997

PART 2—AMENDMENTS RELATING TO NURSING HOMES

AND HOSTELS

4. Amendment of various definitions

In section 3 of the Principal Act—

(a)	the definitions of "hostel" and "nursing home" are repealed;
(b)

in the definition of "private hospital", for "(c) a residential care service;";

(c) in the definition of "registered funded agency" for paragraph (e) substitute— "(e) a State funded residential care

service;";

(d)

after the definition of "representative" ' "residential care service" means premises

where accommodation and personal care or nursing care or both personal care and nursing care are provided to a
person in respect of whom a residential
care subsidy or a flexible care subsidy
is payable under an Act of the

Commonwealth;';

(e)

for the definition of "state funded nursing ' "State funded residential care service"

means premises in respect of which a

declaration under section 6 is in force;';

(f) in the definition of "supported residential service" for "hostel" substitute "residential care service or a State funded residential care service".

Health Services (Amendment) Act 1997

Act No. 73/1997 s. 5

5. Amendment of section 6

(1) In section 6 of the Principal Act—

(a)	for "nursing home" (where first occurring) substitute "residential care service";
(b)	for "nursing home benefits" substitute "residential care subsidy".

(2) At the end of section 6 of the Principal Act

insert—
"(2) Any premises in respect of which a

declaration under this section was in force immediately before the commencement of section 5 of the Health Services

(Amendment) Act 1997 are deemed, on that
commencement, to be declared under this
section to be a State funded residential care
service.".

6.  Amendment of references to nursing homes and hostels

(1) In section 7(1) of the Principal Act for "nursing home or hostel benefits" substitute "residential care subsidies".

(2) In section 44 of the Principal Act, for "hostel or

nursing home" substitute "residential care

service".

(3) Section 66 of the Principal Act is repealed.
Health Services (Amendment) Act 1997

s. 7 Act No. 73/1997

7. Consequential amendments to Health Services (Conciliation and Review) Act 1987

Act No.

25/1987.	In section 3(1) of the Health Services
Reprint No. 2	(Conciliation and Review) Act 1987, in the
as at 24	definition of "provider"—
October 1996.
Further
amended by	(a) in paragraph (f), omit "nursing home,
Nos 76/1990,	hostel,"; and
56/1996,
59/1996,	(b) after paragraph (f) insert—
75/1996 and
63/1997.	"(fa) a residential care service within the

meaning of the Health Services Act

1988; and"; and

(c) in paragraph (g), after "paragraph (f)" insert "or (fa)".

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Health Services (Amendment) Act 1997

Act No. 73/1997 s. 8

PART 3—OFFENCES RELATING TO SUPPORTED

RESIDENTIAL SERVICES

8. New offences inserted

After section 108 of the Principal Act insert—

'108A. Privacy, dignity and security of residents

(1) The proprietor of a supported residential

service must, in accordance with the
regulations, take reasonable steps to ensure
that residents are treated with dignity and
respect and with regard to their entitlement
to privacy.

Penalty: 100 penalty units.

(2) The proprietor of a supported residential

service must not accommodate a resident in
any room of the service other than a
bedroom.

Penalty: 25 penalty units.

108B. Personal hygiene of residents

(1) The proprietor of a supported residential

service must, in accordance with the
regulations, take reasonable steps to ensure
that the personal hygiene of all residents is
maintained at the best practicable level.

Penalty: 100 penalty units.

(2) The proprietor of a supported residential

service must ensure that all residents who require services or assistance to maintain personal hygiene are provided with an
adequate range of services and assistance for
that purpose.
Penalty: 100 penalty units.

Health Services (Amendment) Act 1997

s. 8 Act No. 73/1997

(3) In this section, "personal hygiene"

includes—

(a) clean and healthy hair, skin and nails; and

(b) good oral and dental hygiene; and

(c) management of or control over incontinence.

108C. Medication for residents

The proprietor of a supported residential
service must, in accordance with the
regulations, take reasonable steps to maintain
adequate standards of storage, distribution
and administration of residents' medication.

Penalty: 75 penalty units.

108D. Suitable nutrition for residents

The proprietor of a supported residential
service must ensure that food and beverages
of adequate nutritional value and variety are
supplied to residents in a form appropriate to
the individual health needs of residents and
in accordance with the regulations.

Penalty: 75 penalty units.

108E. Mobility and sensory function of residents

(1) The proprietor of a supported residential

service must take reasonable steps to provide any assistance which is required to facilitate mobility and sensory function of residents.

Penalty: 20 penalty units.

(2) The proprietor of a supported residential

service must take reasonable steps to ensure
that any equipment used to facilitate mobility
and sensory function of residents is
maintained in good working order.

Health Services (Amendment) Act 1997

Act No. 73/1997 s. 8

Penalty: 20 penalty units.

108F. Notification of certain matters to next of

kin etc.

(1) The proprietor of a supported residential

service must ensure that the next of kin of a resident and a resident's guardian (if any) is informed as soon as practicable of—

(a) any significant sign of deterioration in the health status of the resident; or

(b) any injury to the resident; or

(c) any incident involving the resident; or

(d)	any intention to discharge the resident or terminate his or her residency; or
(e)	any proposal to relocate the resident to another bedroom within the service.

Penalty: 15 penalty units.

(2) The proprietor of a supported residential

service must ensure that a resident's administrator is informed as soon as practicable of any intention to discharge the
resident or terminate his or her residency.

Penalty: 15 penalty units.

(3) The proprietor of a supported residential

service must ensure that a resident's medical
practitioner is informed as soon as
practicable of any significant sign of
deterioration in the health status of the
resident.

Penalty: 15 penalty units.

(4) The proprietor of a supported residential

service must ensure that a resident's
administrator (if any) or next of kin of a

Health Services (Amendment) Act 1997

s. 8 Act No. 73/1997

resident are informed as soon as practicable
of the death of the resident.

Penalty: 15 penalty units.

(5) In this section—

"incident" means any risk taking behaviour by a resident which threatens the safety of the resident or other residents or

staff;

"resident's administrator" means the

resident's attorney appointed under an
enduring power of attorney to
administer the resident's property or a
person appointed by a court or board as
the administrator of the resident's

property;

"resident's guardian" means the resident's

Guardianship and Administration

guardian appointed under the court.

108G. Procedures for resident complaints

(1) The proprietor of a supported residential

service must institute and operate a system,
in accordance with the regulations, to receive
and deal with complaints from residents or
complaints made on behalf of residents.
Penalty: 25 penalty units.

(2) The proprietor of a supported residential service must take all reasonable steps to ensure that a resident is not adversely

affected because a complaint has been made
by the resident or on behalf of the resident.
Penalty: 25 penalty units.

Health Services (Amendment) Act 1997

Act No. 73/1997 s. 8

108H. Duties in respect of resident's financial

records

(1) If the proprietor of a supported residential service manages or controls the money or other assets of a resident, the proprietor

must—

(a)	keep a record of the authority for that management or control; and
(b)	maintain an accurate and up to date record of—

(i)

any money or other assets of the manages or controls; and

(ii)  any expenditure by the proprietor of any money on behalf of the resident; and

(iii)  any disposal of money or other assets on behalf of the resident; and

(c) ensure that the records kept under paragraph (b) individually itemise each asset held and each transaction made on behalf of the resident.

Penalty: 20 penalty units.

(2) The proprietor of a supported residential

service who manages or controls the money or other assets of a resident must provide the resident with a statement at least once every 6 months setting out—

(a) any income received and expenditure incurred on behalf of a resident since the previous statement; and

Health Services (Amendment) Act 1997

s. 8 Act No. 73/1997

(b) the current status of any assets held or liabilities incurred on behalf of the resident.

Penalty: 20 penalty units.

(3) The proprietor of a supported residential

service must ensure that—

(a) resident are individually itemised and
explained to the resident or if a

all expenses and fees charged to a that administrator; and

Penalty: 20 penalty units.	a receipt is issued for all assets held and on behalf of a resident.
(b)

(4) The proprietor of a supported residential

service must permit a resident or, if a
resident's administrator is appointed, that
administrator to have access to the resident's
financial records held by the proprietor.
Penalty: 20 penalty units.

(5) In this section "resident's administrator"

has the same meaning as it has in section
108F.

108I. Maintenance and cleanliness of supported

residential service

(1) The proprietor of a supported residential

service must keep the premises, facilities,
furniture, fittings and equipment of the

service—

(a) in a proper state of repair; and
(b) in good working order; and
(c) in a clean and sanitary condition; and

Health Services (Amendment) Act 1997

Act No. 73/1997 s. 8

(d) in accordance with the regulations.

Penalty: 50 penalty units.

(2) The proprietor of a supported residential

service must ensure that cleaning materials,
disinfectants, flammable, poisonous and
other deleterious substances are securely
stored and clearly labelled.

Penalty: 25 penalty units.

108J. Communications systems in supported

residential service

The proprietor of a supported residential
service must ensure that an electronic
communications system to enable residents
and staff to summon assistance is provided
in the service in accordance with the
regulations.

Penalty: 50 penalty units.

108K. Supply of water must be safe

The proprietor of a supported residential service must ensure that an adequate and safe supply of hot and cold water is provided

in the service in accordance with the
regulations.

Penalty: 75 penalty units.

108L. Minimum staff requirements

(1) The proprietor of a supported residential

service must ensure that adequate and
appropriately trained staff are employed in
the service in accordance with the
regulations.

Penalty: 25 penalty units.

(2) The proprietor of a supported residential

service must not appoint or continue to

Health Services (Amendment) Act 1997

s. 9 Act No. 73/1997

employ a person as a member of staff who is engaged in the special or personal care needs of residents if that person—

(a) has not attained the age of 16 years; or

(b)

is not physically or intellectually work required of him or her.

Penalty: 25 penalty units.'.

9. Section 156A inserted

After section 156 of the Principal Act insert—

"156A. Extension of time limit for proceedings for

certain offences

Despite anything to the contrary in any Act, proceedings against sections 107, 108A to 108L and 115 of this Act may be commenced within 3 years after the commission of the alleged offence.".

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Health Services (Amendment) Act 1997

Act No. 73/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 29 October 1997

The long title for the Bill for this Act was "to amend the Health Services
Act 1988 to replace certain references to nursing homes and hostels, to
provide for offences in relation to supported residential services, to
extend the period for the commencement of proceedings in respect of
certain offences and for other purposes."