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DISABILITY (NATIONAL DISABILITY INSURANCE SCHEME TRANSITION) AMENDMENT
ACT 2019 (NO. 19 OF 2019)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF THE DISABILITYACT 2006
Division 1--National Disability Insurance Scheme stage 1 amendments
3. Principal Act
4. Definitions
5. Secretary's powers in relation to land
6. Committee of management
7. Record of dealings
8. Constitution of the Disability Services Board
9. Admission to a residential treatment facility
10. Transfer of person with an intellectual disability from a prison
11. Termination of a security order
12. Death of security resident
13. Request for transfer to prison
14. Notice of transfer of security resident to another residential treatment facility or residential institution
15. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
16. Provision of staff services
17. Repeal of spent provisions
Division 2--National Disability Insurance Scheme stage 2 amendments
18. Purpose
19. Definitions
20. Objectives of Act
21. Principles
22. Provision of advice, notification or information under this Act
23. Role and functions of the Secretary
24. Functions of the Disability Services Commissioner
25. Powers of the Disability Services Commissioner
26. Annual report
27. The Senior Practitioner
28. Functions of the Senior Practitioner
29. Power of Senior Practitioner to delegate
30. Special powers of the Senior Practitioner
31. Functions of a community visitor
32. New section 30A inserted
33. Matter may be referred
34. Reports by community visitors and secrecy provision
35. Information systems and disclosure, use and transfer of information
36. New section 39A inserted
37. Registration
38. Revocation of registration
39. Section 44 substituted
40. Application for review
41. Certain persons or bodies deemed or may be deemed to be registered as disability service providers
42. New section 48A inserted
43. New section 103A inserted
44. New section 106AA inserted
45. Application of Division 6 of Part 6
46. References to service provider
47. What matters can be the subject of a complaint?
48. New section 127 inserted
49. Commissioner initiated investigations
50. New section 128GA inserted
51. Referral investigations
52. New section 128NA inserted
53. Visiting of residential service
54. Powers of inspection
55. New section 130A inserted
56. Request to see a community visitor
57. New section 131A inserted
58. Record of visits
59. New section 132AA inserted
60. Visit and inspection of premises
61. Powers during visit and inspection
62. Assistance to be provided
63. New section 132ZCA inserted
64. New Parts 6A and 6B inserted
Division 6--of Part 8 also contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a disability service provider or registered NDIS provider.
Division 7--of Part 8 contains protective provisions in relation to an NDIS participant subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.
65. Part 7 heading substituted
66. Purpose and application of Part
67. Section 134 amended
68. Approval to use restrictive interventions
69. Revocation of approval
70. Notice before refusal or revocation
71. Application for review
72. Authorised Program Officers
73. New section 139A inserted
74. Use of restraint and seclusion
75. Use of restraint and seclusion must be included in behaviour support plan
76. Review of behaviour support plan by disability service provider
77. Independent person
78. Powers of Public Advocate
79. Requirements for the use of restraint and seclusion
80. New section 145A inserted
81. Review by VCAT
82. Use of restraint or seclusion in an emergency
83. New section 147A inserted
84. Reports
85. Section 149 substituted
86. Use of other restrictive interventions
87. Authorised Program Officer must prepare treatment plan
88. Preparation of treatment plan
89. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
90. Heading to Division 5 of Part 8 amended
91. Purpose of Division
92. New section 184 inserted
93. Heading to section 185 amended
94. Approval to use supervised treatment
95. Heading to section 187 amended
96. Heading to section 188 amended
97. Heading to section 189 amended
98. Heading to section 190 amended
99. New section 190A inserted
100. Application for a supervised treatment order
Division 6--of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.".
Division 7--of this Part contains provisions in relation to the use of regulated restrictive practices by registered NDIS providers on an NDIS participant who is subject to a supervised treatment order obtained by an Authorised Program Officer for a registered NDIS provider.".
101. Heading to section 192 substituted
102. Supervised treatment order
103. Supervision of supervised treatment order
104. Application for review, variation or revocation
105. Application for determination regarding expiry of supervised treatment order
106. New section 196B inserted
107. Senior Practitioner may make assessment order
108. New section 199B inserted
109. Apprehension of person subject to a supervised treatment order absent without approval
110. Heading to Division 6 of Part 8 substituted
111. Purpose and application of Division
112. Use of restrictive interventions
113. Authorised Program Officers
114. Use of restraint and seclusion
115. Use of restraint and seclusion must be included in treatment plan
116. Reports
117. New section 201FA inserted
118. Offence
119. Use of other restrictive interventions
120. New section 201I inserted
121. New Division 7 of Part 8 inserted
122. False and misleading statements
123. Delegation
124. Evidentiary
125. New Division 4 of Part 10 inserted
Division 3--Other miscellaneous amendments
126. Definitions
127. Persons with an intellectual disability
128. Planning for persons with an intellectual disability
129. Division 3 of Part 5 repealed
Division 3--of Part 5 of the Principal Act is repealed.
130. Visiting of residential service
131. Security conditions
132. Apprehension of resident absent without leave
133. Transfer of resident to another residential treatment facility or a residential institution
134. Transfer of person with an intellectual disability from a prison
135. Preparation of treatment plan
136. Annual review of security order and treatment plan
137. Application for review of treatment plan
138. Sections 170 to 174 and 178 repealed
139. Death of security resident
140. Request for transfer to prison
141. Notice of transfer of security resident to another residential treatment facility or residential institution
142. Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
143. Status of forensic residents
144. New section 242 inserted
145. Definitions
146. Amendments consequential on commencement of section 5 of Residential Tenancies Amendment Act 2018
PART 3--AMENDMENT OF RESIDENTIAL TENANCIES ACT 1997
Division 1--SDA residents--tenancy agreements
147. New Subdivision 2A of Division 1 of Part 6 inserted
148. Reduced period of notice of intention to vacate in certain circumstances
149. Further functions of Director in relation to SDA enrolled dwellings
Division 2--Amendment of Part 12A
150. Definitions—Part 12A
151. When does Part not apply to occupation of SDA enrolled dwelling
152. Division 2 heading amended
153. Information statement required to be given to SDA resident
154. New section 498DA inserted
155. Explaining notices or information given to SDA residents under this Part
156. New section 498EA inserted
157. Agreement for provision of SDA enrolled dwelling
158. Working with SDA resident to establish an SDA residency agreement
159. Copy of SDA residency agreement to be made available to SDA resident
160. SDA residency agreements to be in standard form
161. Harsh and unconscionable terms
162. New Division 3A inserted in Part 12A
163. Duties of SDA provider
164. Duties of SDA resident
165. Application and definition
166. Application to Tribunal for urgent repairs
167. Application to Tribunal for non-urgent repairs
168. What can the Tribunal order?
169. Entry of SDA enrolled dwelling
170. Grounds for entry of SDA enrolled dwelling
171. Manner of entry
172. Notice of increase in rent
173. Limit on payment in advance
174. Where and how is rent to be paid?
175. Receipts for rent
176. SDA resident's goods not to be taken for rent
177. Certain charges prohibited
178. SDA provider's liability for various utility charges
179. SDA provider must not seek overpayment for utility charge
180. Definitions—compensation and compliance
181. Breach of duty notice
182. Matters which may be considered by Tribunal
183. Orders of Tribunal
184. Notice of temporary relocation
185. Termination of SDA residency agreement
186. New section 498ZWA inserted
187. Notice to vacate by SDA provider
188. Notice of intention to vacate by SDA resident
189. Withdrawal of notice
190. New section 498ZZCA inserted
191. Notice to vacate by mortgagee
192. Application for possession order by mortgagee
193. Order of Tribunal
194. New section 498ZZHA inserted
195. Contents of possession order
196. Order not to be made in certain circumstances
197. Section 498ZZV substituted
198. Reclaiming personal documents before disposal
199. Disposal of certain goods left behind
200. Section 498ZZZD substituted
201. Section 498ZZZE repealed
202. Sections 498ZZZF and 498ZZZG substituted
203. Section 498ZZZH repealed
204. Section 498ZZZM substituted
205. What orders can the Tribunal make?
206. Offence relating to entering SDA enrolled dwelling
207. Offence to obtain possession etc. of SDA enrolled dwelling
208. New section 498ZZZPA inserted
209. Offence to make false representation—SDA residency agreement
210. Offence to persuade person not to exercise rights or take proceedings
211. Offence to aid, abet, counsel or procure commission of an offence
212. Certain penalties prohibited
Division 3--Other miscellaneous amendments
213. Notice of revocation of registration or enrolment
214. Service of documents
Division 4--SDA residents--residential rental agreement
215. New Subdivision 3A inserted in Division 9 of Part 2
216. Reduced period of notice of intention to vacate in certain circumstances
217. New section 420D inserted
PART 4--AMENDMENT OF OTHER ACTS
Division 1--Amendment of Disability Service Safeguards Act 2018
218. Definitions
219. Delegation
220. Establishment and constitution of the Victorian Disability Worker Commission
221. Repeal of section 24
222. Delegation
223. Appointment of Victorian Disability Worker Commissioner
224. Duties, functions and powers of the Commissioner
225. New section 32A inserted
226. Investigation of complaints by Commission
227. Power of Commission to conduct a Commission initiated investigation
228. Grounds on which interim prohibition order may be made
229. Grounds on which prohibition order may be made
230. Registered disability worker or disability student to give Board notice of certain events
231. Board may ask registered disability worker for information
232. Disclosure of information to other relevant entities
233. NDIS worker screening check clearance
234. Repeal of sections 300 and 301
235. Section 309 substituted
236. Statute law revision
Division 2--Amendment of Residential Tenancies Amendment Act 2018
237. Definitions
238. New section 486A inserted
239. Repeal of sections 387 and 388
Division 3--Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
240. Definitions
241. Supervision orders
242. Warrant to arrest person subject to custodial supervision order who leaves Victoria
243. Reports on mental condition of persons declared liable to supervision
244. Certificate of available services
245. What are the surrounds?
246. Transfer of persons from a participating State to Victoria
247. Interim disposition order
Division 4--Amendment of Mental Health Act 2014
248. Definitions
249. Functions of the Commissioner
250. Referred complaints
251. New Division 2 inserted in Part 16A
Division 5--Amendment of other Acts
252. Child Wellbeing and Safety Act 2005
253. Children's Services Act 1996
254. Children, Youth and Families Act 2005
255. Commission for Children and Young People Act 2012
256. Corrections Act 1986
257. Crimes Act 1958
258. Criminal Procedure Act 2009
259. Family Violence Protection Act 2008
260. Gambling Regulation Act 2003
261. Guardianship and Administration Act 1986
262. Guardianship and Administration Act 2019
263. Health Complaints Act 2016
264. Health Records Act 2001
265. Independent Broad-based Anti-corruption Commission Act 2011
266. Medical Treatment Planning and Decisions Act 2016
267. Ombudsman Act 1973
268. Public Administration Act 2004
269. Sentencing Act 1991
270. Serious Offenders Act 2018
271. Summary Offences Act 1966
272. Working with Children Act 2005
273. Victorian Civil and Administrative Tribunal Act 1998
274. Victorian Inspectorate Act 2011
275. Voluntary Assisted Dying Act 2017
PART 5--REPEAL OF THIS ACT
276. Repeal of this Act
ENDNOTES
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