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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     Division 4 of Part 3 repealed  

           Division 4--of Part 3 of the Disability Act 2006 is repealed.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     Part 6B repealed and Part 7 substituted  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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