Untitled document
Disability Services and Other Acts (Amendment)
Act 1997
Act No. 72/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—ADOPTION ACT 1984 3
3. Application to de facto relationships 3 4. Who may be adopted 4 5. New section 10A inserted 4 10A. Application for adoption order 4 6. Persons in whose favour adoption orders may be made 5 7. Orders in favour of relatives 6 8. Restrictions on age of adoptive parents abolished 7 9. New section 20A inserted 7 20A. Determinations by Director-General or approved agency 7 10. Review by Administrative Appeals Tribunal 8 11. New Division 4 inserted 8 Division 4—Transitional Provisions 8 131. Transitional for applications 8 12. Consequential amendments 8 13. Statute law revision 9
PART 3—CHILDREN'S SERVICES 10
14. Commencement of unproclaimed provisions 10 15. Statute law revision 10
PART 4—COMMUNITY SERVICES 11
16. Department 11 17. New section 6A inserted 11 6A. Delegations 11
PART 5—DISABILITY SERVICES 12
i
Section Page
18. Funding powers 12 19. Delegations 12
PART 6—INTELLECTUALLY DISABLED PERSONS' SERVICES 14
20. Definitions 14 21. Aversive therapy 14 22. Records of Residents' Trust Fund 14 23. Statute law revision 15
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NOTES 16
ii
Victoria
No. 72 of 1997
Disability Services and Other Acts
(Amendment) Act 1997†
[Assented to 25 November 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Adoption Act 1984, the Children's Services Act
1996, the Community Services Act 1970, the
Disability Services Act 1991 and the
Intellectually Disabled Persons' Services Act
1986.
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 2
2. Commencement
(1) This Act, except for Part 2, comes into operation
on the day on which it receives the Royal Assent.(2) Subject to sub-section (3), Part 2 of this Act comes 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 1 June 1998, it
comes into operation on that day.
_______________
Disability Services and Other Acts (Amendment) Act 1997
| s. 3 | Act No. 72/1997 |
PART 2—ADOPTION ACT 1984
3. Application to de facto relationships
| No. 10150. | (1) In section 4(1) of the Adoption Act 1984— |
| Reprint No. 3 | |
| as at 26 June | |
| 1997. Further | (a) insert— |
| amended by | |
| Nos 56/1989, | ' "de facto relationship" means the |
| 51/1991 and | relationship of a man and a woman who |
| 43/1996. | are living together as husband and wife on a genuine domestic basis, although not married to each other; |
"de facto spouse" means—
(a)
in relation to a man who is living with a woman in a de facto relationship, the woman with whom he is living in that de facto relationship;
(b)
in relation to a woman who is living with a man in a de facto relationship, the man with whom
she is living in that de facto
relationship;';
(b)
in the definition of "Director-General" for "Director-General of Community Services" substitute "Secretary to the Department of Human Services".
(2) After section 4(4) of the Adoption Act 1984
insert—
"(5) If a man or woman living in a de factorelationship is also married, a reference in this Act (except section 55) to a spouse of such a man or woman (as the case requires)
does not include a reference to the spouse to
whom the man or woman is married.
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 4 (6) A reference in this Act to a spouse includes a
reference to a man or woman referred to in
section 11(1)(a) or (b).".
4. Who may be adopted
In section 10(1)(b) of the Adoption Act 1984—
(a)
after spouse (where twice occurring) insert "or de facto spouse";
(b)
for "under a de facto adoption" substitute "as if the applicant were the parent of that child, or the applicant and deceased spouse
or deceased de facto spouse of the applicant
were the parents of that child".
5. New section 10A inserted
After section 10 of the Adoption Act 1984 insert—
"10A. Application for adoption order
An application for an adoption order under sections 11 and 12 may be made—
(a)
in the case of a man and a woman who are married or living in a relationship referred to in section 11(1), if the man and woman have been married to each other or living in that relationship with each other for not less than 2 years;
(b)
in the case of a person who is married or living in a relationship referred to in section 11(1) and who proposes adopting a child of his or her spouse or de facto spouse, or a child who is related to his or her spouse or de facto spouse, if that person and his or her spouse or de facto spouse (as the case requires) have been married to each
Disability Services and Other Acts (Amendment) Act 1997
| s. 6 | Act No. 72/1997 |
| other or living in that relationship with each other for not less than 2 years.". |
6. Persons in whose favour adoption orders may be made
(1) After section 11(1)(b) of the Adoption Act 1984
insert—
"or
(c) who are living in a de facto relationship and have been so living for not less than 2 years; or (d) who have been living with each other in any combination of the relationships referred to in paragraphs (a) to (c) and have been so living for not less than 2 years.".
(2) After section 11(1) of the Adoption Act 1984
insert—
"(1A) The Court must not make an adoption order
under sub-section (1) in relation to a man
and woman living in a de facto relationship
unless the Court is satisfied that neither the
man nor the woman is married to another
person at the time that the order is made.".
(3) In section 11 of the Adoption Act 1984—
(a) after sub-section (4)(b) insert—
"or
(c)
if that person is living in a de facto relationship and has been so living for not less than 2 years, except with the consent of that person's de facto spouse.".
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 7 (b) in sub-section (5)—
(i) after "The spouse" insert "or de facto spouse";
(ii) after "that spouse" insert "or de facto spouse";
(c) in sub-section (6)—
(i) after "the spouse" insert "or de facto spouse";
(ii) after "that spouse" insert "or de facto spouse";
(d) after sub-section (6)(c) insert—
"and
(d)
in the case of an order in favour of a de facto spouse, neither that spouse nor his or her de facto spouse is married to
another person at the time that the order
is made.";(e)
in sub-section (7) after "the spouse" (where twice occurring) insert "or de facto spouse".
7. Orders in favour of relatives
(1) In section 12 of the Adoption Act 1984, after
"whose spouse" insert "or de facto spouse".
(2) After section 12(c) of the Adoption Act 1984
insert—
"and
(d)
in the case of an order in favour of two persons who are living in a de facto relationship with each other, one of whom is a relative of the child, neither of those persons is married to another person at the time that the order is made; and
Disability Services and Other Acts (Amendment) Act 1997
| s. 8 | Act No. 72/1997 |
(e)
in the case of an order in favour of a person who is living in a de facto relationship and whose de facto spouse is a relative of the
child, neither that person nor his or her de
facto spouse is married to another person at
the time that the order is made.".
8. Restrictions on age of adoptive parents abolished
Section 13 of the Adoption Act 1984 is repealed.
9. New section 20A inserted
After section 20 of the Adoption Act 1984 insert—
"20A. Determinations by Director-General or
approved agency
A person who may make arrangements or enter into negotiations under section 20 for or towards or with a view to making an adoption must not make an assessment of the suitability of a person to adopt a child—
(a) in the case of a man and a woman who are married or living in a relationship referred to in section 11(1), unless the person who may make those arrangements or enter into those negotiations is satisfied that the man and woman have been married to each other or living in that relationship with each other for not less than 2 years; (b) in the case of one person, if that person referred to in section 11(1) and proposes adopting a child of his or her spouse or de facto spouse, or a child who is related to his or her spouse or de facto spouse, unless the person who may make those arrangements or enter
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 10 into those negotiations is satisfied that the person seeking to adopt a child and his or her spouse or de facto spouse (as the case requires) have been married to each other or living in that relationship with each other for not less than
2 years.".
10. Review by Administrative Appeals Tribunal
After section 129A(2) of the Adoption Act 1984
insert—"(3) Sub-section (1) does not apply to a refusal or
deferral by a person under section 20A to
assess a person's suitability to adopt achild.".
11. New Division 4 inserted
After section 130 of the Adoption Act 1984 insert—
"Division 4—Transitional Provisions
131. Transitional for applications
Section 10A does not apply to a person or
persons who have applied for an adoption
order immediately before the
commencement of section 5 of the Disability
Services and Other Acts (Amendment)
Act 1997.".
12. Consequential amendments
In the Adoption Act 1984—
(a)
in section 39(2), after "spouse" (where twice occurring) insert "or de facto spouse";
(b)
in section 46(3)(a), after "spouse" (where twice occurring) insert "or de facto spouse";
Disability Services and Other Acts (Amendment) Act 1997
| s. 13 | Act No. 72/1997 |
(c) for section 53(1)(a) substitute— "(a) the adopted child shall be treated in law as a child of the adoptive parent or adoptive parents, and the adoptive parent or adoptive parents shall be treated in law as the parent or parents
of the child, as if the child had been
born—
(i) to the adoptive parent; or
(ii) to the adoptive parents in lawful wedlock;";
(d)
in section 55(1)(a), after "a spouse," insert "a de facto spouse,";
(e)
in section 92(1), after "spouse" (wherever occurring) insert "or de facto spouse";
(f)
in section 92(3), after "spouse" (wherever occurring) insert "or de facto spouse";
(g)
in section 122(2), after "spouse" (where twice occurring) insert "or de facto spouse".
13. Statute law revision
In the Adoption Act 1984—
(a)
in section 11(6)(a), omit "the Children (Guardianship and Custody) Act 1984 or";
(b)
in section 12(a) omit "the Children (Guardianship and Custody) Act 1984 or";
(c)
in section 43(1)(e) for "less that one year" substitute " less than one year";
(d) in section 102(c) omit "and".
_______________
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 14
PART 3—CHILDREN'S SERVICES
14. Commencement of unproclaimed provisions
For section 2(3) of the Children's Services Act No. 53/1996. 1996 substitute—
"(3) If a provision referred to in sub-section (2)does not come into operation before 1 July 1998, it comes into operation on that day."
15. Statute law revision
In section 45 of the Children's Services Act 1996 for "The Secretary" (where first occurring) substitute "(1) The Secretary".
_______________
Disability Services and Other Acts (Amendment) Act 1997
| s. 16 | Act No. 72/1997 |
PART 4—COMMUNITY SERVICES
16. Department
| No. 8089. | In section 3 of the Community Services Act |
| Reprint No. 1 | |
| as at 5 May | 1970, for the definition of "Department" |
| 1997. Further | substitute— |
| amended by | |
| No. 53/1996. | ' "Department" means the Department of Human Services established under the Public Sector Management Act 1992'. |
17. New section 6A inserted
After section 6 of the Community Services Act
1970 insert—
"6A. DelegationsThe Minister may, by instrument, delegate to any person or class of persons employed in the Department or to any other officer or employee of the public service any power or function of the Minister under this Act or under any other Act or provision of an Act administered by the Minister, other than this power of delegation.".
_______________
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 18
PART 5—DISABILITY SERVICES
18. Funding powers
(1) In section 4(1) of the Disability Services Act No. 80/1991. 1991, for " a provider of services, a researcher or a
person with a disability" substitute "providers ofservices, researchers or persons with a disability".
(2) After section 4(3) of the Disability Services Act
1991 insert—
"(4) An approval of funding may apply in all or
any of the following ways—
(a) to any specified provider of services, researcher or person with a disability or any class of those organisations or persons; (b) in respect of the provision of any specified services to persons with a disability or any class of those services; (c) specified research and development
in respect of the conduct of any activities;
(d)
for the payment for the provision of specified services to a person with a disability or a class of persons with a disability in the circumstances or for the period specified in the approval;".
19. Delegations
In section 6 of the Disability Services Act 1991 for "Director-General of Community Services or the Chief General Manager of the Department of Health" substitute "Department Head within the meaning of the Public Sector Management Act 1992 of the Department of Human Services or any
Disability Services and Other Acts (Amendment) Act 1997
| s. 19 | Act No. 72/1997 |
other person or class of persons employed in the the public service".
_______________
Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 s. 20
PART 6—INTELLECTUALLY DISABLED PERSONS'
SERVICES
20. Definitions
In section 3 of the Intellectually Disabled
No. 53/1986. Reprint No. 3
Persons' Services Act 1986, in the definitions of as at 5 June "regional plan" and "State plan" omit "in 1997. accordance with the regulations".
21. Aversive therapy
In section 44 of the Intellectually Disabled
Persons' Services Act 1986—
(a)
in sub-section (1) omit the definition of "aversive therapy";
(b) sub-sections (6) and (7) are repealed;
(c) in sub-section (8)(b), omit "; or";(d) in sub-section (8), paragraph (c) is repealed;
(e)
in sub-section (9)(a) and (e), omit "or aversive therapy";
(f)
in sub-section (9)(b) and (d), omit ", aversive therapy".
22. Records of Residents' Trust Fund
(1) In section 49(1) of the Intellectually Disabled
Persons' Services Act 1986, for "maintain a
financial management information system"
substitute "ensure that a financial management
information system is maintained".
(2) After section 49(2) of the Intellectually Disabled
Persons' Services Act 1986 insert—
"(3) The Secretary may appoint agents or enter
into any contract or arrangement for the
provision of any services that the Secretary
considers necessary to maintain the financial
Disability Services and Other Acts (Amendment) Act 1997
| s. 23 | Act No. 72/1997 |
management information system referred to
in sub-section (1). ".
23. Statute law revision
In the Intellectually Disabled Persons' Services
Act 1986—
(a) non-residential service", "registered
residential service" and "registered service"in section 3, in the definitions of "registered substitute " municipal council";
(b)
in section 22(1) for "municipalities" substitute "municipal councils";
(c)
in sections 22(3) and 23 for "municipality" (wherever occurring) substitute "municipal council".
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Disability Services and Other Acts (Amendment) Act 1997
Act No. 72/1997 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 Adoption Act 1984, the Children's Services Act 1996, the Community Services Act 1970, the Disability Services Act 1991 and the Intellectually Disabled Persons' Services Act 1986 and for other purposes."
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