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DISABILITY AMENDMENT ACT 2012 (NO. 22 OF 2012)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Principal Act
PART 2--AMENDMENT OF DISABILITY ACT 2006
4. Definitions
5. New section 3A inserted
6. Annual report
7. Constitution of the Disability Services Board
8. Functions of the Senior Practitioner
9. Community visitors
10. Functions of a community visitor
11. Certain persons deemed to be community visitors
12. Reports by community visitors
13. Disability Action Plans
14. Guiding principles for planning
15. Residential statement
16. Duties of disability service provider providing residential services
17. Entry to a resident's room
18. Heading to Division 2 of Part 5 substituted
19. Application of Division
20. Declaration of residential service as a community residential unit
21. Residential charge
22. Notice of increase in residential charge
23. Receipts for payment
24. Residential charge must be reduced if service items are reduced
25. What can VCAT order on an application under section 71?
26. Notice of temporary relocation
27. Termination of residency
28. Notice to vacate by disability service provider
29. Effect of notice to vacate
30. Application to VCAT for review of notice to vacate
31. Application to VCAT for possession order
32. Possession orders
33. Issue of warrant of possession
34. New sections 85A to 85D inserted
35. Management of money of a resident
36. Section 105 substituted
37. Section 106 substituted
38. New Division 5A of Part 6 inserted
39. Section 107 substituted
40. New section 108A inserted
41. Section 109 substituted
42. Withdrawal of complaint
43. Preliminary assessment of complaint
44. Circumstances in which the Disability Services Commissioner may decline to consider a complaint
45. Notice of decision to consider or not to consider complaint
46. Consideration of complaint suitable for conciliation
47. Dealing with a complaint
48. Investigation of a complaint
49. Notice of decision and procedures
50. Circumstances in which notice is not to be given
51. Duty to stop proceedings
52. Warrants
53. Visiting of residential service
54. New section 133 substituted
Division 6--of Part 8 contains corresponding protective provisions in relation to persons for whom treatment plans are in force or are required to be prepared under Part 8.".
55. Section 134 substituted
56. Approval to use restrictive interventions
57. Authorised Program Officers
58. Use of restraint and seclusion
59. Use of restraint and seclusion must be included in behaviour management plan
60. Review of behaviour management plan by disability service provider
61. Independent person
62. Powers of Public Advocate
63. Requirements for the use of restraint and seclusion
64. Review by VCAT
65. Use of restraint or seclusion in an emergency
66. Reports
67. Offence
68. Use of other restrictive interventions
69. New Division 1AA of Part 8 inserted
70. Authorised Program Officer must prepare treatment plan
Division 6--of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.".
71. Application for review of treatment plan
72. Preparation of treatment plan
Division 6--of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.
73. Annual review of security order and treatment plan
74. Application for review of treatment plan
75. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Division 6--of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.".
76. Section 184 repealed
77. Approval to use supervised treatment
78. Application for a supervised treatment order
Division 6--of this Part contains provisions in relation to the use of restrictive interventions in accordance with, and the inclusion of restrictive interventions in, a treatment plan.".
79. New section 196A inserted
80. Senior Practitioner may make assessment order
81. New section 199A inserted
82. New Division 6 of Part 8 inserted
83. New sections 226 to 231 inserted
PART 3--AMENDMENT OF OTHER ACTS
84. Accident Compensation Act 1985—Definitions
85. Human Services (Complex Needs) Act 2009—Definitions
86. Transport Accident Act 1986—Definitions
87. Victorian Civil and Administrative Tribunal Act 1998—Schedule 1
88. Victorian Civil and Administrative Tribunal Act 1998—Schedule 2
PART 4--REPEAL OF AMENDING ACT
89. Repeal of amending Act
ENDNOTES
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