Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Act No. 53/1986
Version incorporating amendments as at 11 October 2006
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
PART 2-OBJECTS, PRINCIPLES, AIM AND OBJECTIVES
4. Objects of Act
5. Statement of principles
6. Aim and objectives of the Department
PART 3-ELIGIBILITY, ASSESSMENT AND CASE PLANNING
7. Application to assess eligibility
8. Assessment of intellectual disability
8A. Assessment of developmental delay
9. General service plan
10. Amendment and review of general service plan
11. Individual program plan
12. Review of individual program plan
12A. Application of Act to former clients
12B. Re-assessment of eligibility of person entitled to receive services
12C. Re-assessment of eligibility of person not entitled to receive services
13. Intellectual Disability Planning Committees
14. Regional plans
15. State plan
16. Department to maintain an information system
16A. Former clients of Office of Intellectual Disability Services
PART 4-SERVICES FOR INTELLECTUALLY DISABLED PERSONS
Division 1-Residential Institutions
17. Proclamation of residential institutions
18. Admission to residential institutions
Division 2-Residential and Non-Residential Programs
19. Proclamation of residential and non-residential programs
Division 3-Repealed
20. Repealed
Division 4-Transfer of eligible persons from a prison
21. Transfer of eligible persons from a prison
21A. Transfer of persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
Division 5-Services Provided by Municipalities and Non-Government Organizations
22. Power of Secretary to provide funds
22A. Contracts for provision of services
23. Registration of services
24. Funding and services agreements
25. Appointment of administrator
26. Proclaimed services
PART 5-PROTECTION OF RIGHTS OF INTELLECTUALLY DISABLED PERSONS
Division 1-Establishment, Constitution and Procedure of the Intellectual Disability Review Panel
27. The Intellectual Disability Review Panel
28. Functions of the Intellectual Disability Review Panel
29. Staff of the Intellectual Disability Review Panel
30. Procedure of the Intellectual Disability Review Panel
31. Appointment of persons to assist the Intellectual Disability Review Panel
32. Appearance at any hearing of the Intellectual Disability Review Panel
33. Proceedings before the Intellectual Disability Review Panel
34. Reports of proceedings
35. Secrecy provision
35A. Annual report of the Intellectual Disability Review Panel
Division 2-Provisions Applicable to Security Residents
36. Review of security residents
37. Termination of a security order
38. Security conditions
39. Request for transfer to prison
40. Transfer of security resident to another residential institution
41. Leave of absence for security resident
42. Special leave for security resident
43. Apprehension of security resident absent without leave
Division 2A-Provisions Applicable to Forensic Residents
43A. Status of forensic residents
43B. Security conditions
43C. Transfer of forensic resident to another residential service
43D. Leave of absence for forensic resident
43E. Apprehension of forensic resident absent without leave
Division 3-Provisions Applicable to Eligible Persons
44. Restraint, seclusion
44A. Fee payable by residents
Division 3A-The Holding of Trust Money on Behalf of Eligible Persons
45. Residents' Trust Fund
46. Money to be paid into the Fund by the Secretary
47. Money to be paid into the Fund by participating services
48. Money paid into Fund must be credited to relevant account
49. Records to be kept by Secretary
50. How trust money received at non-participating services to be handled
50A. Records to be kept by non-participating services
50B. Non-participating services may become participating services and vice-versa
50C. Joint accounts
50D. Withdrawal of money from the Fund and trust accounts
50E. Investment of money
50F. How interest etc. from trust money to be dealt with
50G. Limit on amount in an eligible person's account
50H. Trust money must be paid when people leave institution, program or service
50I. Secretary may require designated officer to fulfil Secretary's obligations
50J. Residents' amenities levy
50K. Amenities Consultative Committee
50L. Residents' Amenities Funds
50M. How the Residents' Amenities Fund is to be spent
50N. Records to be kept in respect of Residents' Amenities Funds
50O. Investment of money in Residents' Amenities Funds
50P. Money in Funds may be mixed
50Q. Sale of goods on closure of institution
50R. Distribution of Fund on closure of institution
Division 4-Review of Decisions
51. Reviewable decisions
52. Application to review decision
Division 5-Community Visitors
53. Community visitors
54. Functions of a community visitor
55. Certain persons deemed to be community visitors
56. Visiting of a residential institution
57. Powers of inspection
58. Request to see a panel of community visitors
59. Record of visits
60. Reports by community visitors
61. Community Visitors Board
62. Annual report of community visitors
62A. Secrecy provision
Division 6-Information on Rights
63. Statement of rights
64. Information to be provided
PART 6-GENERAL
Division 1-Administration
65. Power of delegation
66. Appointment of medical practitioners
67. Provision of staff services
68. Special powers of Secretary
Division 2-Miscellaneous
69. Immunity from suit
70. Special payments
71. Specific purpose grants
72. Contempt of Intellectual Disability Review Panel
73. Giving of notice
74. Hearing not to be invalidated by failure to give notice
75. Judicial notice
76. General penalty
77. Offences by bodies corporate
77A. Protection against breach of trust
Division 3-Regulations
78. Regulations
PART 7-TRANSITIONAL
79. Transitional provision-Community Visitors Legislation (Miscellaneous Amendments) Act 2001.
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SCHEDULE 1-Provisions with respect to members of the Intellectual
Disability Review Panel
SCHEDULE 2-Provisions with respect to the procedures of the
Intellectual Disability Review Panel
SCHEDULE 3-Provisions with respect to community visitors
SCHEDULE 4-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
PART 1-PRELIMINARY