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Health Services (Supported Residential Services) (Amendment) Regulations 2004

S.R. No. 173/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Definitions

6.Resident care plans

7.Privacy, dignity and security of residents

8.Minimum staff requirements

9.Information for prospective residents and other interested
persons

10.Residential Statements—prescribed information

11.Management of resident's money by proprietor

39A.Management of resident's money by proprietor

12.Resident records

13.Accident records

14.Record of resident transfer

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 173/2004

Health Services Act 1988

Health Services (Supported Residential Services) (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

BRONWYN PIKE
Minister for Health

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to make various amendments to the Health Services (Supported Residential Services) Regulations 2001.

2.Authorising provision

These Regulations are made under section 158 of the Health Services Act 1988.

3.Commencement

These Regulations come into operation on 31 December 2004.

4.Principal Regulations

In these Regulations, the Health Services (Supported Residential Services) Regulations 2001[1] are called the Principal Regulations.

5.Definitions

In regulation 4 of the Principal Regulations—

(a)the definition of "administrator" is revoked;

(b)the definition of "guardian" is revoked.

6.Resident care plans

Regulation 15 of the Principal Regulations is revoked.

7.Privacy, dignity and security of residents

In regulation 17(a) of the Principal Regulations, for "his or her guardian" substitute "the resident's guardian".

8.Minimum staff requirements

In regulation 35(2)(b) of the Principal Regulations, for "paragraph (b)" substitute "paragraph (a)".

9.Information for prospective residents and other interested persons

In regulation 38 of the Principal Regulations, for "The proprietor of a supported residential service must provide all persons that seek information about the service with a document containing current and accurate written information in respect of the matters listed below" substitute "For the purposes of section 106B of the Act, the following matters are prescribed".

10.Residential Statementsprescribed information

For regulation 39(h) of the Principal Regulations substitute¾

"(h)the options for the ongoing management of the resident's financial and legal affairs; and

(i)any conditions of the resident's tenure or stay at the service which may include—

(i)the grounds for eviction or ejection of the resident from the service and the period within which a notice of eviction or ejection must be given to the resident;

(ii)if the resident wishes to leave the service, the period within which the resident must give notice to the service of his or her intention to leave.".

11.Management of resident's money by proprietor

After regulation 39 of the Principal Regulations insert

"39A.Management of resident's money by proprietor

For the purposes of section 108H(1) of the Act, in relation to a particular resident, the prescribed amount is the amount equal to the money payable by the resident to the proprietor in relation to accommodation for 1 month at the relevant supported residential service.".

12.Resident records

In regulation 40(2)(g) of the Principal Regulations, for "guardian or administrator" substitute "the resident's administrator or the resident's guardian".

13.Accident records

Regulation 42 of the Principal Regulations is revoked.

14.Record of resident transfer

For regulation 43(2)(d) of the Principal Regulations substitute

"(d)name and contact details of the resident's relative or next of kin, the resident's guardian or the resident's administrator; and".

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ENDNOTES


[1] Reg. 4: S.R. No. 141/2001 as amended by S.R. No. 68/2003.

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