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DISABILITY AND SOCIAL SERVICES REGULATION AMENDMENT ACT 2023 (NO. 9
OF 2023)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF DISABILITY ACT 2006
Division 1--Amendment of Disability Act 2006
3. Purposes
4. Definitions
5. New section 3B inserted
6. New section 3C inserted
7. Objectives of Act
8. Principles
9. Persons with an intellectual disability
10. Provision of advice, notification or information under this Act
11. Role and functions of the Secretary
12. Power of Secretary to enter into contracts
13. Secretary's powers in relation to land
14. Committee of management
15. Record of dealings
16. Disability Services Commissioner
17. Functions of the Disability Services Commissioner
18. Division 4 of Part 3 repealed
Division 4--of Part 3 of the Disability Act 2006 is repealed.
19. Functions of the Senior Practitioner
20. Power of Senior Practitioner to delegate
21. Provision of staff and contractors
22. Special powers of the Senior Practitioner
23. Functions of a community visitor in respect of NDIS dwellings
24. New section 30B inserted
25. Reports by community visitors
26. Request for disability services
27. Section 50 substituted and new section 50A inserted
28. Purpose and application of Part
29. Residential statement
30. Duties of disability service provider providing residential services
31. Duties of residents
32. Entry to a resident's room
33. New sections 61A and 61B inserted
34. Offences relating to interference with rights
35. New section 129AA inserted
36. Visiting of residential service or NDIS dwelling
37. Powers of inspection
38. New section 131B inserted
39. Record of visits
40. Heading to Part 6A amended
41. Section 132ZI substituted
42. Section 132ZJ amended
43. Section 132ZL amended
44. Section 132ZM amended
45. Application for review of appointment decision
46. Senior Practitioner may issue directions
47. Part 6B repealed and Part 7 substituted
Division 6--of Part 8 also contains protective provisions in relation to persons subject to a treatment plan under Part 8.
48. Restrictions on liberty or freedom of movement
49. Authorised Program Officer must prepare treatment plan
50. Security conditions
51. New section 159A inserted
52. Appeals regarding extended leave
53. Appeals regarding revocation of extended leave
54. Preparation of treatment plan
55. Certain disability service providers not required to comply with Division
56. Sections 185 to 191 substituted and new sections 191A, 191B and 191C inserted
Division 6--contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.
57. Heading to section 192 amended
58. Supervised treatment order for persons with a disability and NDIS participants
59. Application by the Public Advocate
60. New sections 194A, 194B and 194C inserted
61. Supervision of supervised treatment order
62. Application for review, variation or revocation
63. Section 196A substituted
64. Application for rehearing
65. Senior Practitioner may make assessment order
66. Apprehension of person subject to a supervised treatment order absent without approval
67. Heading to Division 6 of Part 8 amended
68. Purpose and application of Division
69. Use of restrictive practices
70. Section 201C substituted
71. Use of regulated restrictive practices
72. Reports
73. Section 201FA repealed
74. Section 201G substituted
75. Section 201H substituted
76. Section 201I substituted
77. Division 7 of Part 8 repealed
Division 7--of Part 8 of the Disability Act 2006 is repealed.
78. Delegation
79. Provision of staff services
80. Production of identity card
81. Offence to impersonate authorised officer
82. Persons who are liable for offences
83. Power to bring proceedings
84. New Division 6 of Part 10 inserted
Division 2--Further amendment of Disability Act 2006
85. Definitions
86. Special powers of the Senior Practitioner
87. Functions of a community visitor in respect of NDIS dwellings
88. Reports by community visitors
89. Purpose and application of Part
90. Division 2 of Part 5 repealed
Division 2--of Part 5 of the Disability Act 2006 is repealed.
91. Visiting of residential service or NDIS dwelling
92. Powers of inspection
93. Request to see a community visitor—NDIS residents in NDIS dwelling
94. Record of visits
95. Application for supervised treatment order
96. Regulations
97. New Division 7 of Part 10 inserted
98. Role and functions of the Secretary
99. Power of Secretary to give directions
100. Further powers of Secretary
101. Special powers of Secretary
102. Powers of authorised officers
103. Information systems and disclosure, use and transfer of information
104. Section 39A repealed
105. New Part 8A inserted
106. Regulations
107. New section 261 inserted
PART 3--FURTHER AMENDMENT OF DISABILITY ACT 2006
108. Definitions
109. Disability service provider must provide information
110. Proclamation of residential treatment facility
111. Admission to a residential treatment facility
112. New section 152A inserted
113. New section 152B inserted
114. Authorised Program Officer must prepare treatment plan
115. Annual review of treatment plan
116. Application for review of treatment plan
117. Leave of absence
118. Special leave
119. Suspension of leave of absence or special leave
120. Security conditions
121. Apprehension of resident absent without leave
122. Extended leave
123. Appeals regarding extended leave
124. Suspension and revocation of extended leave
125. Appeals regarding revocation of extended leave
126. Preparation of treatment plan
127. Annual review of security order and treatment plan
128. Application for review of treatment plan
129. Death of security resident
130. Regulations
131. New sections 262 and 263 inserted
PART 4--AMENDMENT OF DISABILITY SERVICE SAFEGUARDS ACT 2018 AND RESIDENTIAL TENANCIES ACT 1997
Division 1--Amendment of Disability Service Safeguards Act 2018
132. Application for registration
133. Section 152 substituted
134. Unsuitability to hold general registration
135. Unsuitability to hold limited registration
136. Unsuitability to hold non-practising registration
137. Annual statement
138. Other records to be kept by Board
139. NDIS worker screening check
140. New Part 18 inserted
Division 1--of Part 11, as in force on the commencement day, applies to an application for registration made under that Division before that day that has not been determined by the Board.
Division 2--Amendment of Residential Tenancies Act 1997
141. Definitions
142. Definitions
143. New section 498BA inserted
144. New section 498DAA inserted
145. Purpose of Division
146. Notice of temporary relocation
147. Notice to vacate by SDA provider
148. Definitions
149. Prohibition on letting premises used for SDA enrolled dwelling after notice
150. New Schedule 3 inserted
151. Notice of temporary relocation
152. Notice to vacate by SDA provider
153. Notice to vacate by mortgagee
154. Purposes
155. Definitions
156. Health or residential services
157. Residential rental agreements to be in standard form
158. Copy of agreement to be made available to renter
159. Jurisdiction of Tribunal
160. Further functions of Director in relation to SDA enrolled dwellings
161. Referral of matter to another person or body
162. Definitions
163. When does Part not apply to occupation of SDA enrolled dwelling
164. Information statement required to be given to SDA resident
165. Explanation of Tribunal orders
166. Agreement for provision of SDA enrolled dwelling
167. Copy of SDA residency agreement to be made available to SDA resident
168. Content of SDA residency agreement
169. Restriction on use of personal information provided by applicants for SDA enrolled dwellings
170. Information that SDA provider must disclose before entering SDA residency agreement
171. Misleading or deceptive conduct inducing a person to enter an SDA residency agreement
172. Duties of SDA provider
173. Duties of SDA resident
174. Application to Director to investigate need for non‑urgent repairs
175. What can the Tribunal order?
176. Purpose of Division
177. Entry of SDA enrolled dwelling
178. Grounds for entry of SDA enrolled dwelling
179. Manner of entry
180. What must be in a notice of entry?
181. SDA resident has duty to permit entry
182. What if damage is caused during entry
183. Receipts for rent
184. What can the Tribunal order on an application relating to increase in rent
185. Certain charges prohibited
186. SDA provider's liability for various utility charges
187. SDA provider must not seek overpayment for utility charge
188. Definitions
189. Breach of duty notice
190. Matters to be considered by Tribunal
191. Notice of temporary relocation
192. Termination of SDA residency agreement
193. Order of Tribunal that premises are abandoned
194. Notice to vacate by SDA provider
195. Effect of notice to vacate
196. Notice of intention to vacate by SDA resident
197. Withdrawal of notice
198. Notice by owner
199. Notice to vacate by mortgagee
200. Application for possession order by SDA provider
201. Application for possession order by mortgagee
202. Order of Tribunal
203. What is reasonable and proportionate
204. Contents of possession order
205. Effect of possession order for SDA enrolled dwelling
206. What must the possession order provide?
207. Notice to occupiers of SDA enrolled dwelling
208. Warrant of possession
209. Postponement of issue of warrant in certain cases
210. Immediate issue of warrant if failure to pay rent during postponement
211. Application of this Division
212. Definitions
213. What happens if personal documents are left behind?
214. Disposal of personal documents after 90 days
215. Reclaiming personal documents before disposal
216. Disposal of certain goods left behind
217. What must an SDA enrolled dwelling owner do about goods left behind?
218. When SDA enrolled dwelling owner may sell or dispose of stored goods
219. Former SDA resident may request proceeds of sale of goods
220. Purchaser takes good title
221. What if goods or documents are disposed of in contravention of this Division?
222. What if goods or documents are wrongfully retained?
223. What if goods or documents are damaged or lost?
224. What if an SDA enrolled dwelling owner refuses to store goods for more than 14 days?
225. Offence relating to entering SDA enrolled dwelling
226. Offence to obtain possession etc. of SDA enrolled dwelling
227. Disclosure, use and transfer of information
228. Service of documents
229. Regulations
230. Notice of temporary relocation
231. Notice to vacate by SDA provider
232. Notice to vacate by mortgagee
PART 5--AMENDMENT OF OTHER ACTS
Division 1--Amendment of Crimes Act 1958
233. Definitions
Division 2--Amendment of Guardianship and Administration Act 2019
234. Powers of inspection
235. Definitions
Division 4--Amendment of Medical Treatment Planning and Decisions Act 2016
236. Definitions
Division 5--Amendment of Residential Tenancies Act 1997
237. Definitions
Division 6--Amendment of Social Services Regulation Act 2021
238. Definitions
239. Impact of interview or hearing must be mitigated
240. New sections 100A and 100B inserted
241. Power to enter premises of registered social service providers—monitoring compliance
242. Power to enter residential premises with consent
243. Meaning of supported residential service
244. Offences by unincorporated bodies, partnerships etc.
245. Regulations
246. Deemed exclusion decisions
247. Definitions
248. New section 354A inserted
249. Section 359 repealed
250. New sections 367A and 367B inserted
251. Meaning of supported residential service
252. Definitions
PART 6--FURTHER AMENDMENT OF OTHER ACTS
Division 1--Residential tenancies
253. Accident Compensation Act 1985
254. Crimes Act 1958
255. Education and Training Reform Act 2006
256. Guardianship and Administration Act 2019
257. Independent Broad-based Anti-corruption Commission Act 2011
258. Land Tax Act 2005
259. Medical Treatment Planning and Decisions Act 2016
260. Social Services Regulation Act 2021
261. Transport Accident Act 1986
262. Victorian Civil and Administrative Tribunal Act 1998
263. Victorian Inspectorate Act 2011
264. Workplace Injury Rehabilitation and Compensation Act 2013
Division 2--Information sharing
265. Child Wellbeing and Safety Act 2005
266. Social Services Regulation Act 2021
267. Secretary may notify entities with functions under Disability Service Safeguards Act 2018 of matters relating to screening checks and clearances
Division 3--Residential treatment facilities
268. Social Services Regulation Act 2021
Division 1--of Part 6 of the Disability Act 2006 is repealed.".
PART 7--REPEAL OF THIS ACT
269. Repeal of this Act
ENDNOTES
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