Victorian Numbered Acts

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SUPPORTED RESIDENTIAL SERVICES (PRIVATE PROPRIETORS) ACT 2010 (NO. 49 OF 2010) - SECT 172

Functions and powers of administrator

    (1)     The functions of an administrator of a supported residential service are—

        (a)     to manage and operate the service, taking into account the principles set out in Part 2 and the accommodation and personal support standards prescribed under this Act; and

        (b)     to ensure that suitable accommodation and special or personal support for residents of the supported residential service is provided—

              (i)     at the supported residential service; or

              (ii)     if necessary, by relocation to another supported residential service.

    (2)     During the appointment of an administrator of a supported residential service, an administrator may do any thing necessary or desirable for the purpose of carrying out his or her function as an administrator in the name of, or as agent of, the proprietor.

    (3)     Without limiting subsection (1) or (2), an administrator of a supported residential service may—

        (a)     enter and occupy the supported residential service;

        (b)     manage and operate the supported residential service;

        (c)     put into place a financial management system in relation to the supported residential service including—

              (i)     receiving fees from or on behalf of a resident in respect of the resident's accommodation and personal support at the supported residential service;

              (ii)     receiving money from or on behalf of a resident as an allowance for a resident and appropriately distributing that money to the resident or using it for the benefit of the resident;

              (iii)     establishing and maintaining a trust account at an ADI into which money received from or on behalf of residents may be paid;

              (iv)     making payments in relation to the exercise of any power of the administrator;

        (d)     inspect and take possession of any document in connection with the operation and management of the supported residential service;

        (e)     use, repair or replace any equipment or facilities in the supported residential service;

        (f)     prepare and distribute to the residents for consumption any food stored at the supported residential service;

        (g)     enter into or renew any contract for the provision of goods or services or any lease contract or any contract of insurance in relation to the operation and management of the supported residential service;
s. 172

        (h)     engage new members of staff or dismiss members of staff of the supported residential service;

              (i)     appoint or engage any legal practitioner, accountant or other professionally qualified person to assist the administrator;

        (j)     by notice in writing, require a report containing the information specified in the notice as to the business affairs of the proprietor to be prepared by—

              (i)     the proprietor; or

              (ii)     any employee of the proprietor; or

              (iii)     in the case of a proprietor that is a body corporate, a director or an officer of the proprietor.

    (4)     In carrying out his or her functions and exercising any power as an administrator, an administrator must comply with—

        (a)     any direction given by the Secretary; and

        (b)     any guidelines issued by the Secretary in relation to administrators of supported residential services.

    (5)     If a person is appointed as administrator of a supported residential service, any contract, agreement or arrangement for the provision of equipment or services or the use of premises for the purposes of carrying on the supported residential service continues in force despite the appointment.

    (6)     If a person has been appointed as an administrator of a supported residential service, a resident may make payments in relation to the resident's accommodation and personal support at the supported residential service to the administrator.



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