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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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