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This is a Bill, not an Act. For current law, see the Acts databases.


Disability and Social Services Regulation Amendment Bill 2023

         Disability and Social Services Regulation
                   Amendment Act 2023
                             No.           of 2023


                      TABLE OF PROVISIONS
Clause                                                                     Page

Part 1--Preliminary                                                           1
 1       Purposes                                                            1
 2       Commencement                                                        2
Part 2--Amendment of Disability Act 2006                                      3
Division 1--Amendment of Disability Act 2006                                  3
 3       Purposes                                                             3
 4       Definitions                                                          3
 5       New section 3B inserted                                              7
 6       New section 3C inserted                                              8
 7       Objectives of Act                                                    8
 8       Principles                                                           9
 9       Persons with an intellectual disability                              9
 10      Provision of advice, notification or information under this Act      9
 11      Role and functions of the Secretary                                 10
 12      Power of Secretary to enter into contracts                          10
 13      Secretary's powers in relation to land                              10
 14      Committee of management                                             11
 15      Record of dealings                                                  11
 16      Disability Services Commissioner                                    12
 17      Functions of the Disability Services Commissioner                   12
 18      Division 4 of Part 3 repealed                                       12
 19      Functions of the Senior Practitioner                                12
 20      Power of Senior Practitioner to delegate                            13
 21      Provision of staff and contractors                                  13
 22      Special powers of the Senior Practitioner                           13
 23      Functions of a community visitor in respect of NDIS
         dwellings                                                           14
 24      New section 30B inserted                                            14
 25      Reports by community visitors                                       15
 26      Request for disability services                                     15
 27      Section 50 substituted and new section 50A inserted                 17
 28      Purpose and application of Part                                     19
 29      Residential statement                                               20



                                       i
Clause                                                                  Page

 30      Duties of disability service provider providing residential
         services                                                         22
 31      Duties of residents                                              25
 32      Entry to a resident's room                                       26
 33      New sections 61A and 61B inserted                                26
 34      Offences relating to interference with rights                    28
 35      New section 129AA inserted                                       29
 36      Visiting of residential service or NDIS dwelling                 30
 37      Powers of inspection                                             30
 38      New section 131B inserted                                        32
 39      Record of visits                                                 33
 40      Heading to Part 6A amended                                       33
 41      Section 132ZI substituted                                        33
 42      Section 132ZJ amended                                            34
 43      Section 132ZL amended                                            34
 44      Section 132ZM amended                                            34
 45      Application for review of appointment decision                   34
 46      Senior Practitioner may issue directions                         35
 47      Part 6B repealed and Part 7 substituted                          36
 48      Restrictions on liberty or freedom of movement                   64
 49      Authorised Program Officer must prepare treatment plan           65
 50      Security conditions                                              65
 51      New section 159A inserted                                        65
 52      Appeals regarding extended leave                                 65
 53      Appeals regarding revocation of extended leave                   66
 54      Preparation of treatment plan                                    66
 55      Certain disability service providers not required to comply
         with Division                                                    66
 56      Sections 185 to 191 substituted and new sections 191A, 191B
         and 191C inserted                                                66
 57      Heading to section 192 amended                                   74
 58      Supervised treatment order for persons with a disability and
         NDIS participants                                                74
 59      Application by the Public Advocate                               76
 60      New sections 194A, 194B and 194C inserted                        77
 61      Supervision of supervised treatment order                        79
 62      Application for review, variation or revocation                  81
 63      Section 196A substituted                                         86
 64      Application for rehearing                                        88
 65      Senior Practitioner may make assessment order                    89
 66      Apprehension of person subject to a supervised treatment
         order absent without approval                                    89
 67      Heading to Division 6 of Part 8 amended                          91
 68      Purpose and application of Division                              91
 69      Use of restrictive practices                                     93
 70      Section 201C substituted                                         94
 71      Use of regulated restrictive practices                           94



                                     ii
Clause                                                               Page

 72      Reports                                                       95
 73      Section 201FA repealed                                        96
 74      Section 201G substituted                                      96
 75      Section 201H substituted                                      96
 76      Section 201I substituted                                      98
 77      Division 7 of Part 8 repealed                                 99
 78      Delegation                                                    99
 79      Provision of staff services                                   99
 80      Production of identity card                                   99
 81      Offence to impersonate authorised officer                     99
 82      Persons who are liable for offences                           99
 83      Power to bring proceedings                                    99
 84      New Division 6 of Part 10 inserted                           100
Division 2--Further amendment of Disability Act 2006                   112
Subdivision 1--Residential tenancies                                   112
 85      Definitions                                                  112
 86      Special powers of the Senior Practitioner                    113
 87      Functions of a community visitor in respect of NDIS
         dwellings                                                    113
 88      Reports by community visitors                                113
 89      Purpose and application of Part                              113
 90      Division 2 of Part 5 repealed                                114
 91      Visiting of residential service or NDIS dwelling             114
 92      Powers of inspection                                         114
 93      Request to see a community visitor--NDIS residents in NDIS
         dwelling                                                     114
 94      Record of visits                                             116
 95      Application for supervised treatment order                   116
 96      Regulations                                                  117
 97      New Division 7 of Part 10 inserted                           117
Subdivision 2--Secretary's powers and functions                        121
 98      Role and functions of the Secretary                          121
 99      Power of Secretary to give directions                        121
 100     Further powers of Secretary                                  121
 101     Special powers of Secretary                                  121
 102     Powers of authorised officers                                122
Subdivision 3--Information sharing                                     122
 103     Information systems and disclosure, use and transfer of
         information                                                  122
 104     Section 39A repealed                                         122
 105     New Part 8A inserted                                         122
 106     Regulations                                                  134
 107     New section 261 inserted                                     135



                                      iii
Clause                                                            Page

Part 3--Further amendment of Disability Act 2006                    136
 108     Definitions                                               136
 109     Disability service provider must provide information      136
 110     Proclamation of residential treatment facility            136
 111     Admission to a residential treatment facility             138
 112     New section 152A inserted                                 141
 113     New section 152B inserted                                 143
 114     Authorised Program Officer must prepare treatment plan    144
 115     Annual review of treatment plan                           144
 116     Application for review of treatment plan                  144
 117     Leave of absence                                          144
 118     Special leave                                             145
 119     Suspension of leave of absence or special leave           146
 120     Security conditions                                       147
 121     Apprehension of resident absent without leave             147
 122     Extended leave                                            147
 123     Appeals regarding extended leave                          148
 124     Suspension and revocation of extended leave               148
 125     Appeals regarding revocation of extended leave            148
 126     Preparation of treatment plan                             149
 127     Annual review of security order and treatment plan        149
 128     Application for review of treatment plan                  149
 129     Death of security resident                                149
 130     Regulations                                               150
 131     New sections 262 and 263 inserted                         150
Part 4--Amendment of Disability Service Safeguards Act 2018 and
Residential Tenancies Act 1997                                     152
Division 1--Amendment of Disability Service Safeguards Act 2018     152
 132     Application for registration                              152
 133     Section 152 substituted                                   152
 134     Unsuitability to hold general registration                153
 135     Unsuitability to hold limited registration                153
 136     Unsuitability to hold non-practising registration         154
 137     Annual statement                                          154
 138     Other records to be kept by Board                         154
 139     NDIS worker screening check                               154
 140     New Part 18 inserted                                      157
Division 2--Amendment of Residential Tenancies Act 1997             158
Subdivision 1--Residential tenancies                                158
 141     Definitions                                               158
 142     Definitions                                               159
 143     New section 498BA inserted                                160
 144     New section 498DAA inserted                               162



                                       iv
Clause                                                                   Page

 145     Purpose of Division                                              164
 146     Notice of temporary relocation                                   165
 147     Notice to vacate by SDA provider                                 165
 148     Definitions                                                      165
 149     Prohibition on letting premises used for SDA enrolled
         dwelling after notice                                            165
 150     New Schedule 3 inserted                                          166
Subdivision 2--Notification of Public Advocate                             170
 151     Notice of temporary relocation                                   170
 152     Notice to vacate by SDA provider                                 170
 153     Notice to vacate by mortgagee                                    170
Subdivision 3--Consequential amendments                                    170
 154     Purposes                                                         170
 155     Definitions                                                      170
 156     Health or residential services                                   171
 157     Residential rental agreements to be in standard form             171
 158     Copy of agreement to be made available to renter                 171
 159     Jurisdiction of Tribunal                                         171
 160     Further functions of Director in relation to SDA enrolled
         dwellings                                                        172
 161     Referral of matter to another person or body                     172
 162     Definitions                                                      172
 163     When does Part not apply to occupation of SDA enrolled
         dwelling                                                         172
 164     Information statement required to be given to SDA resident       172
 165     Explanation of Tribunal orders                                   173
 166     Agreement for provision of SDA enrolled dwelling                 173
 167     Copy of SDA residency agreement to be made available to
         SDA resident                                                     173
 168     Content of SDA residency agreement                               173
 169     Restriction on use of personal information provided by
         applicants for SDA enrolled dwellings                            173
 170     Information that SDA provider must disclose before entering
         SDA residency agreement                                          174
 171     Misleading or deceptive conduct inducing a person to enter an
         SDA residency agreement                                          174
 172     Duties of SDA provider                                           174
 173     Duties of SDA resident                                           174
 174     Application to Director to investigate need for non-urgent
         repairs                                                          174
 175     What can the Tribunal order?                                     174
 176     Purpose of Division                                              175
 177     Entry of SDA enrolled dwelling                                   175
 178     Grounds for entry of SDA enrolled dwelling                       175
 179     Manner of entry                                                  176


                                      v
Clause                                                                 Page

 180     What must be in a notice of entry?                             176
 181     SDA resident has duty to permit entry                          176
 182     What if damage is caused during entry                          176
 183     Receipts for rent                                              176
 184     What can the Tribunal order on an application relating to
         increase in rent                                               176
 185     Certain charges prohibited                                     177
 186     SDA provider's liability for various utility charges           177
 187     SDA provider must not seek overpayment for utility charge      177
 188     Definitions                                                    177
 189     Breach of duty notice                                          177
 190     Matters to be considered by Tribunal                           178
 191     Notice of temporary relocation                                 178
 192     Termination of SDA residency agreement                         178
 193     Order of Tribunal that premises are abandoned                  179
 194     Notice to vacate by SDA provider                               179
 195     Effect of notice to vacate                                     179
 196     Notice of intention to vacate by SDA resident                  179
 197     Withdrawal of notice                                           179
 198     Notice by owner                                                179
 199     Notice to vacate by mortgagee                                  180
 200     Application for possession order by SDA provider               180
 201     Application for possession order by mortgagee                  180
 202     Order of Tribunal                                              180
 203     What is reasonable and proportionate                           180
 204     Contents of possession order                                   180
 205     Effect of possession order for SDA enrolled dwelling           180
 206     What must the possession order provide?                        181
 207     Notice to occupiers of SDA enrolled dwelling                   181
 208     Warrant of possession                                          181
 209     Postponement of issue of warrant in certain cases              181
 210     Immediate issue of warrant if failure to pay rent during
         postponement                                                   181
 211     Application of this Division                                   182
 212     Definitions                                                    182
 213     What happens if personal documents are left behind?            182
 214     Disposal of personal documents after 90 days                   182
 215     Reclaiming personal documents before disposal                  183
 216     Disposal of certain goods left behind                          183
 217     What must an SDA enrolled dwelling owner do about goods
         left behind?                                                   183
 218     When SDA enrolled dwelling owner may sell or dispose of
         stored goods                                                   183
 219     Former SDA resident may request proceeds of sale of goods      183
 220     Purchaser takes good title                                     184
 221     What if goods or documents are disposed of in contravention
         of this Division?                                              184



                                     vi
Clause                                                                Page

 222     What if goods or documents are wrongfully retained?           184
 223     What if goods or documents are damaged or lost?               184
 224     What if an SDA enrolled dwelling owner refuses to store
         goods for more than 14 days?                                  184
 225     Offence relating to entering SDA enrolled dwelling            184
 226     Offence to obtain possession etc. of SDA enrolled dwelling    185
 227     Disclosure, use and transfer of information                   185
 228     Service of documents                                          185
 229     Regulations                                                   186
Subdivision 4--Notification of Director                                 186
 230     Notice of temporary relocation                                186
 231     Notice to vacate by SDA provider                              187
 232     Notice to vacate by mortgagee                                 188
Part 5--Amendment of other Acts                                         189
Division 1--Amendment of Crimes Act 1958                                189
 233     Definitions                                                   189
Division 2--Amendment of Guardianship and Administration Act
2019                                                                   189
 234     Powers of inspection                                          189
Division 3--Amendment of Independent Broad-based Anti-
corruption Commission Act 2011                                         189
 235     Definitions                                                   189
Division 4--Amendment of Medical Treatment Planning and
Decisions Act 2016                                                     190
 236     Definitions                                                   190
Division 5--Amendment of Residential Tenancies Act 1997                 190
 237     Definitions                                                   190
Division 6--Amendment of Social Services Regulation Act 2021            190
 238     Definitions                                                   190
 239     Impact of interview or hearing must be mitigated              191
 240     New sections 100A and 100B inserted                           191
 241     Power to enter premises of registered social service
         providers--monitoring compliance                               192
 242     Power to enter residential premises with consent              192
 243     Meaning of supported residential service                      195
 244     Offences by unincorporated bodies, partnerships etc.          195
 245     Regulations                                                   196
 246     Deemed exclusion decisions                                    196
 247     Definitions                                                   196



                                     vii
Clause                                                                    Page

  248     New section 354A inserted                                        196
  249     Section 359 repealed                                             196
  250     New sections 367A and 367B inserted                              197
Division 7--Amendment of Supported Residential Services
(Private Proprietors) Act 2010                                             197
  251     Meaning of supported residential service                         197
Division 8--Amendment of Victorian Inspectorate Act 2011                    197
  252     Definitions                                                      197
Part 6--Further amendment of other Acts                                     199
Division 1--Residential tenancies                                           199
  253     Accident Compensation Act 1985                                   199
  254     Crimes Act 1958                                                  199
  255     Education and Training Reform Act 2006                           199
  256     Guardianship and Administration Act 2019                         200
  257     Independent Broad-based Anti-corruption Commission
          Act 2011                                                         200
  258     Land Tax Act 2005                                                200
  259     Medical Treatment Planning and Decisions Act 2016                201
  260     Social Services Regulation Act 2021                              201
  261     Transport Accident Act 1986                                      201
  262     Victorian Civil and Administrative Tribunal Act 1998             201
  263     Victorian Inspectorate Act 2011                                  201
  264     Workplace Injury Rehabilitation and Compensation Act 2013        202
Division 2--Information sharing                                             202
  265     Child Wellbeing and Safety Act 2005                              202
  266     Social Services Regulation Act 2021                              202
  267     Secretary may notify entities with functions under Disability
          Service Safeguards Act 2018 of matters relating to screening
          checks and clearances                                            203
Division 3--Residential treatment facilities                                203
  268     Social Services Regulation Act 2021                              203
Part 7--Repeal of this Act                                                  204
  269     Repeal of this Act                                               204
                               ═════════════
Endnotes                                                                   205
  1      General information                                               205




                                      viii
      Disability and Social Services
    Regulation Amendment Act 2023  
                    No.           of 2023

                           [Assented to                        ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to amend the Disability Act 2006 in relation
                  to--
                   (i) the Secretary's functions under that Act;
                       and




                              1
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
                    Part 1--Preliminary


                (ii) the sharing of information about
                     persons with a disability and persons
                     subject to restrictive practices and
                     supervised treatment orders; and
               (iii) residential services; and
                (iv) the compulsory treatment of persons
                     with an intellectual disability; and
                (v) other related matters; and
          (b) to amend the Residential Tenancies
              Act 1997 in relation to SDA enrolled
              dwellings; and
           (c) to amend the Disability Service Safeguards
               Act 2018 in relation to registration
               requirements; and
          (d) to amend the Social Services Regulation
              Act 2021 in relation to--
                 (i) interviews and hearings for WCES
                     service users; and
                (ii) powers of entry; and
               (iii) other related matters; and
           (e) to make consequential amendments to other
               Acts.
2 Commencement
    (1) This Act (except Division 2 of Part 2 and
        Parts 3, 4 and 6) comes into operation on the day
        after the day on which it receives the Royal
        Assent.
    (2) Subject to subsection (3), the remaining
        provisions of this Act come into operation on a
        day or days to be proclaimed.
    (3) If a provision referred to in subsection (2) does
        not come into operation before 1 July 2024, it
        comes into operation on that day.


                             2
  Disability and Social Services Regulation Amendment Act 2023
                         No.       of 2023
           Part 2--Amendment of Disability Act 2006



Part 2--Amendment of Disability Act 2006
Division 1--Amendment of Disability Act 2006
  3 Purposes
           In section 1(b) of the Disability Act 2006, for
           "NDIS participants' rights" substitute "the rights
           of NDIS participants and DSOA clients".
  4 Definitions
      (1) In section 3(1) of the Disability Act 2006--
             (a) for the definition of Authorised Program
                 Officer substitute--
                 "Authorised Program Officer means a
                     person appointed as an Authorised
                     Program Officer by a disability service
                     provider or a registered NDIS provider
                     and whose appointment is approved by
                     the Senior Practitioner;";
            (b) in the definition of Department, for
                "Health and Human Services" substitute
                "Families, Fairness and Housing";
             (c) the definition of Disability Services Board is
                 repealed;
            (d) in the definitions of NDIS behaviour
                support plan, NDIS plan and restrictive
                practice, after "participant" insert "or a
                DSOA client";
             (e) in the definition of short-term
                 accommodation and assistance dwelling--
                   (i) for "an NDIS participant" substitute
                       "an NDIS participant or a DSOA
                       client";
                  (ii) for "the NDIS participant" substitute
                       "the NDIS participant or DSOA client";



                               3
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


           (f) in the definition of supervised treatment
               order, for "191" substitute "193";
          (g) in the definition of treatment plan, for "191"
              substitute "189".
    (2) In section 3(1) of the Disability Act 2006 insert
        the following definitions--
         "health information has the same meaning as in
              the Health Records Act 2001;
         Minister approved premises means a premises
             specified by the Minister under
             section 129AA;
         Minister approved premises resident means--
                 (a) a person with a disability living in a
                     Minister approved premises; or
                (b) an NDIS participant living in a Minister
                    approved premises; or
                 (c) a DSOA client living in a Minister
                     approved premises;
         personal information has the same meaning as in
              the Privacy and Data Protection Act 2014;
         primary service provider has the meaning given
             by section 3C;".
    (3) In section 3(1) of the Disability Act 2006--
           (a) in paragraph (b) of the definition of SDA
               enrolled dwelling, for "2016" substitute
               "2020";




                             4
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


          (b) for the definition of residential service
              substitute--
               "residential service means--
                      (a) residential accommodation--
                              (i) provided by, on behalf of, or
                                  by arrangement with, a
                                  disability service provider;
                                  and
                             (ii) provided as accommodation
                                  in which residents are
                                  provided with disability
                                  services; and
                            (iii) supported by rostered staff
                                  that are provided by a
                                  disability service provider;
                                  and
                            (iv) admission to which is
                                 approved by the Secretary;
                                 or
                     Example
                     A residential treatment facility or specialist
                     forensic disability accommodation.
                      (b) prescribed accommodation; or
                      (c) accommodation provided by, on
                          behalf of, or by arrangement with,
                          a disability service provider that is
                          approved by the Senior
                          Practitioner under section 187;";
           (c) insert the following definition--
               "specialist forensic disability
                    accommodation means accommodation
                    determined by the Secretary to be
                    specialist forensic disability
                    accommodation under section 61B;".


                              5
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


    (4) In section 3(1) of the Disability Act 2006--
           (a) in paragraph (b) of the definition of SDA
               resident, for "CoS supported accommodation
               client" substitute "DSOA client";
          (b) in the definition of Victorian Disability
              Worker Commissioner, for "2018."
              substitute "2018;";
           (c) insert the following definitions--
               "DSOA client means an older person--
                      (a) who is receiving supports under
                          the Commonwealth Disability
                          Support for Older Australians
                          program or a prescribed program;
                          and
                      (b) who is not an NDIS participant;
               DSOA client's guardian means--
                      (a) the guardian of the DSOA
                          client--
                             (i) appointed under the
                                 Guardianship and
                                 Administration Act 2019;
                                 or
                            (ii) appointed by the court; or
                      (b) the attorney of the DSOA client
                          appointed to be responsible for the
                          DSOA client's personal matters
                          under an enduring power of
                          attorney under the Powers of
                          Attorney Act 2014;




                             6
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


               Victorian WorkCover Authority has the
                    same meaning as Authority has in
                    section 3 of the Workplace Injury
                    Rehabilitation and Compensation
                    Act 2013.";
          (d) the definition of CoS supported
              accommodation client is repealed.
5 New section 3B inserted
         After section 3A of the Disability Act 2006
         insert--
         "3B NDIS provider taken to be providing a
             residential service in certain
             circumstances
          (1) This section applies if--
                 (a) a registered NDIS provider is using
                     supervised treatment; and
                (b) the accommodation provided to a
                    person subject to a supervised treatment
                    order obtained by the Authorised
                    Program Officer for a registered NDIS
                    provider is approved by the Senior
                    Practitioner under section 187.
          (2) For the purposes of Division 6 of Part 3,
              Division 1 of Part 5 and Division 7 of
              Part 6--
                 (a) the registered NDIS provider is taken to
                     be a disability service provider; and
                (b) the accommodation provided by, on
                    behalf of, or by arrangement with, the
                    registered NDIS provider is taken to be
                    a residential service; and
                 (c) the person subject to the supervised
                     treatment order is taken to be a resident.



                             7
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


               Note
               Part 8 imposes obligations on registered NDIS
               providers using compulsory treatment.".
6 New section 3C inserted
         At the end of Part 1 of the Disability Act 2006
         insert--
        "3C Primary service providers
          (1) Except as provided for under subsection (2),
              the primary service provider for a person is
              the disability service provider or registered
              NDIS provider providing the majority of
              support to the person within the person's
              accommodation.
          (2) If a person receives an equal amount of
              support within the person's accommodation
              from 2 or more disability service providers
              or registered NDIS providers, the Senior
              Practitioner may appoint the person's
              primary service provider from amongst those
              providers.
          (3) Despite subsection (1), in sections 186,
              194A, 194B, 194C, 195, 196, 196A(1), 197
              (except in relation to a hearing of an
              application under section 196A(4)), and 201,
              if a supervised treatment order has been
              made in respect of a person, the primary
              service provider for that person is the
              disability service provider or registered
              NDIS provider that appointed the Authorised
              Program Officer stated in the order as being
              responsible for the implementation of the
              order.".
7 Objectives of Act
         In section 4(h) of the Disability Act 2006, after
         "participants" insert "and DSOA clients".



                             8
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


 8 Principles
     (1) In section 5(3)(f) of the Disability Act 2006, for
         "his or her" substitute "the person's".
     (2) In section 5(3A) of the Disability Act 2006--
           (a) after "participants" (where first occurring)
               insert "and DSOA clients";
          (b) in paragraphs (a), (b) and (c), for
              "NDIS participants" (wherever occurring)
              substitute "those persons".
     (3) In section 5(4) of the Disability Act 2006, for
         "or an NDIS participant" substitute ", an NDIS
         participant or a DSOA client".
 9 Persons with an intellectual disability
         In section 6(3)(a)(i) and (ii) and (b) of the
         Disability Act 2006, for "he or she" substitute
         "the person".
10 Provision of advice, notification or information
   under this Act
     (1) In section 7(1) of the Disability Act 2006--
           (a) for "or an NDIS participant" substitute
               ", an NDIS participant or a DSOA client";
          (b) omit "with a disability or the NDIS
              participant".
     (2) In section 7(3) of the Disability Act 2006--
           (a) for "or an NDIS participant" substitute
               ", an NDIS participant or a DSOA client";
          (b) omit "with a disability or NDIS participant"
              (where twice occurring).
     (3) In section 7(4) of the Disability Act 2006--
           (a) in paragraph (a), for "or NDIS participant"
               substitute ", NDIS participant or DSOA
               client";


                             9
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


          (b) in paragraph (c)--
                 (i) for "participant," substitute
                     "participant or a DSOA client,";
                (ii) for "participant and" substitute
                     "participant or the DSOA client and".
11 Role and functions of the Secretary
     (1) In section 8(1) of the Disability Act 2006--
           (a) in paragraph (c) omit "and the
               Commonwealth State Territory Disability
               Agreement";
          (b) paragraph (ca) is repealed.
     (2) In section 8(2)(j) of the Disability Act 2006, for
         "disability and NDIS participants" substitute
         "disability, NDIS participants and DSOA clients".
12 Power of Secretary to enter into contracts
         In section 10(2) of the Disability Act 2006 omit
         "(not exceeding 3 years)".
13 Secretary's powers in relation to land
     (1) In section 10A(1) of the Disability Act 2006, after
         "this Act" insert "or for the purposes of being an
         SDA provider".
     (2) In section 10A(2) of the Disability Act 2006, for
         "Health and Human Services" substitute
         "Families, Fairness and Housing".
     (3) In section 10A(3) of the Disability Act 2006, for
         'or "Secretary to the Department of Health and
         Human Services"' substitute ', "Secretary to the
         Department of Health and Human Services" or
         "Secretary to the Department of Families, Fairness
         and Housing"'.




                            10
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


    (4) After section 10A(3) of the Disability Act 2006
        insert--
         "(4) The Secretary may, on behalf of the Crown,
              dispose of land or deal with an interest in
              land held by the Secretary with or without
              consideration for the purposes of providing
              services under this Act or the NDIS Act
              (including residential services or specialist
              disability accommodation).".
14 Committee of management
    (1) In section 10B(1) of the Disability Act 2006, for
        "Health and Human Services" substitute
        "Families, Fairness and Housing".
    (2) For section 10B(2) of the Disability Act 2006
        substitute--
         '(2) On and after the day on which Division 1 of
              Part 2 of the Disability and Social Services
              Regulation Amendment Act 2023 comes
              into operation, any record relating to a
              committee of management to which
              subsection (1) applies must refer to the
              committee of management in the name of
              "Secretary to the Department of Families,
              Fairness and Housing".'.
15 Record of dealings
    (1) In section 10C(1) of the Disability Act 2006, for
        "Health and Human Services" substitute
        "Families, Fairness and Housing".
    (2) In section 10C(2) of the Disability Act 2006, for
        'or "Secretary to the Department of Health and
        Human Services"' (where twice occurring)
        substitute ', "Secretary to the Department of
        Health and Human Services" or "Secretary to the
        Department of Families, Fairness and Housing"'.




                            11
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


     (3) In section 10C(3) of the Disability Act 2006, for
         "Health and Human Services" substitute
         "Families, Fairness and Housing".
16 Disability Services Commissioner
     (1) In section 14(3) of the Disability Act 2006 omit
         "his or her".
     (2) In section 14(7) of the Disability Act 2006--
           (a) for "his or her" substitute "their";
          (b) for "he or she is" substitute "they are";
           (c) for "he or she continues" substitute
               "they continue".
17 Functions of the Disability Services Commissioner
         Section 16(1)(i), (j) and (m)(i) of the Disability
         Act 2006 are repealed.
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
         In section 24(1) of the Disability Act 2006--
           (a) in paragraph (a), for "practices and
               compulsory treatment" substitute
               "practices, compulsory treatment and the
               appointment of Authorised Program
               Officers";
          (b) after paragraph (a) insert--
              "(ab) to promote the reduction and
                    elimination of the use of restrictive
                    practices by disability service providers
                    and registered NDIS providers to the
                    greatest extent possible;";




                            12
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


           (c) in paragraph (c), for "and NDIS participants"
               substitute ", NDIS participants and DSOA
               clients";
          (d) after paragraph (e)(iv) insert--
               "(v) the appointment of Authorised Program
                    Officers;".
20 Power of Senior Practitioner to delegate
         In section 25(2)(a) of the Disability Act 2006, for
         "disability and NDIS participants" substitute
         "disability, NDIS participants and DSOA clients".
21 Provision of staff and contractors
         In section 26(1) and (2) of the Disability
         Act 2006, for "his or her" substitute "the Senior
         Practitioner's".
22 Special powers of the Senior Practitioner
     (1) In section 27(2) of the Disability Act 2006--
           (a) in paragraph (a), after "residential service"
               insert "or Minister approved premises";
          (b) in paragraph (ab), after "NDIS dwelling"
              insert "or Minister approved premises".
     (2) In section 27(5) of the Disability Act 2006, for
         "or the NDIS participant" substitute ", the NDIS
         participant or the DSOA client".
     (3) In section 27(5B) of the Disability Act 2006--
           (a) after paragraph (b) insert--
              "(ba) DSOA clients; or";
          (b) in paragraph (c), for "disability or NDIS
              participants" substitute "disability, NDIS
              participants or DSOA clients".




                            13
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


23 Functions of a community visitor in respect of NDIS
   dwellings
         In section 30A(2) of the Disability Act 2006--
           (a) for "an NDIS participant" substitute
               "an NDIS participant or a DSOA client";
          (b) in paragraphs (a), (b), (d), (e), (f) and (h),
              after "participant" insert "or DSOA client".
24 New section 30B inserted
         After section 30A of the Disability Act 2006
         insert--
       "30B Functions of a community visitor in
            respect of Minister approved premises
               The functions of a community visitor when
               visiting Minister approved premises are to
               inquire into the following--
                 (a) the appropriateness and standard of the
                     premises for the purposes of
                     accommodating Minister approved
                     premises residents;
                (b) the adequacy of opportunities for
                    inclusion and participation by a
                    Minister approved premises resident in
                    the community;
                 (c) whether the services provided at the
                     premises to a Minister approved
                     premises resident by a disability service
                     provider or an NDIS provider are being
                     provided in accordance with this Act,
                     the NDIS Act or any regulation, rule or
                     instrument made under this Act or the
                     NDIS Act (as appropriate);
                (d) whether information is being provided
                    to a Minister approved premises
                    resident as required by this Act, the


                            14
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


                     NDIS Act or any regulation, rule or
                     instrument made under this Act or the
                     NDIS Act (as appropriate);
                 (e) any case of suspected abuse or neglect
                     of a Minister approved premises
                     resident;
                 (f) the use of restrictive practices and
                     compulsory treatment;
                (g) any failure to comply with the
                    provisions of this Act, the NDIS Act or
                    any regulation, rule or instrument made
                    under this Act or the NDIS Act;
                (h) any complaint made to a community
                    visitor by a Minister approved premises
                    resident.".
25 Reports by community visitors
         In section 34(1) of the Disability Act 2006, after
         "visit premises" insert ", Minister approved
         premises".
26 Request for disability services
     (1) In section 49(1) of the Disability Act 2006, for
         "disability services from a disability service
         provider" substitute "the Secretary to provide
         access to disability services from the Secretary,
         funded service providers or contracted service
         providers".
     (2) In section 49(2) of the Disability Act 2006--
           (a) for "a disability service provider" substitute
               "the Secretary";
          (b) for "the disability service provider"
              substitute "the Secretary".




                            15
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


    (3) For section 49(3) and (4) of the Disability
        Act 2006 substitute--
         "(3) For the purpose of making a decision under
              subsection (2), the Secretary may--
                 (a) require the person who made the
                     request under subsection (1) or the
                     person in respect of whom the request
                     was made to provide more information;
                     or
                (b) in accordance with section 50, require
                    the person in respect of whom the
                    request under subsection (1) was made
                    to undergo a formal assessment.
          (4) The Secretary, within 14 days of making a
              decision under subsection (2), must notify
              the person who made the request under
              subsection (1) and the person in respect of
              whom the request was made (if the request
              was made on that person's behalf) in
              writing--
                 (a) of the Secretary's decision; and
                (b) if the request is refused, of the reasons
                    for the refusal; and
                 (c) of any decision made under section 50
                     as to whether the person in respect of
                     whom the request was made has a
                     disability; and
                (d) that the person who made the request or
                    the person in respect of whom the
                    request was made can apply to VCAT
                    for a review of the decision referred to
                    in paragraph (c).".




                            16
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


     (4) In section 49(5) of the Disability Act 2006, for
         "a disability service provider agrees to provide
         disability services" substitute "the Secretary
         agrees to a request under subsection (1)".
27 Section 50 substituted and new section 50A inserted
         For section 50 of the Disability Act 2006
         substitute--
         "50 Decision by Secretary as to disability
          (1) For the purposes of a request under section
              49(1), the Secretary may decide whether or
              not the person in respect of whom the
              request was made has a disability.
          (2) Subject to subsection (3), the Secretary, in
              making a decision under subsection (1) or
              section 49(2), may request any relevant
              information (including personal information
              and health information) from any person or
              body.
          (3) Before requesting personal information or
              health information about a person under
              subsection (2), the Secretary must obtain the
              consent of--
                 (a) the person; or
                (b) if the person is unable to consent, the
                    person's guardian; or
                 (c) if another person requested disability
                     services under section 49(1) on behalf
                     of the person and the Secretary is
                     unable to obtain consent under
                     paragraph (a) or (b), the person who
                     made the request.




                            17
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


          (4) A person or body that receives a request for
              information under subsection (2) is
              authorised to give the information to the
              Secretary.
          (5) Subsection (4) has effect despite any other
              Act or law, other than the Charter of
              Human Rights and Responsibilities
              Act 2006.
          (6) The Secretary may determine the appropriate
              process to enable the Secretary to make a
              decision as to disability.
          (7) If the Secretary decides that a formal
              assessment is necessary, the Secretary must
              ensure that the formal assessment is
              commenced within 30 days of receiving the
              request under section 49(1).
          (8) Despite subsection (7), the Secretary may--
                 (a) defer the commencement of a formal
                     assessment for up to 3 months after
                     receiving the request under section
                     49(1); or
                (b) discontinue any uncompleted formal
                    assessment and defer the undertaking of
                    a further formal assessment for up to
                    3 months after discontinuing the formal
                    assessment--
               if the Secretary believes on reasonable
               grounds that any formal assessment
               completed before then is unlikely to establish
               reliably whether or not the person has a
               disability.




                            18
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


        50A Application to VCAT for review of
            decision as to disability
          (1) The following persons may apply to VCAT
              for a review of a decision under
              section 50(1)--
                 (a) the person who made the request for
                     access to disability services under
                     section 49(1);
                (b) the person in respect of whom the
                    request under section 49(1) was made.
          (2) An application under subsection (1) must be
              made within 28 days after the person is
              notified of the decision under section 49(4).
          (3) On an application under subsection (1),
              VCAT may--
                 (a) confirm the decision; or
                (b) order that the decision be substituted by
                    the decision of the Tribunal; or
                 (c) remit the matter to the Secretary for
                     further consideration in accordance
                     with this Act.
          (4) A decision of VCAT under subsection (3)(b)
              has effect as if it were the decision of the
              Secretary.".
28 Purpose and application of Part
         For section 56(1) of the Disability Act 2006
         substitute--
         "(1) The purpose of this Part is to create specific
              rights for persons residing in residential
              services and to impose specific obligations
              on disability service providers providing
              residential services whilst enabling the
              support and treatment needs of persons with



                            19
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


               a disability to be met and the obligations of
               disability service providers to be fulfilled.".
29 Residential statement
    (1) For section 57(1A) and (1B) of the Disability
        Act 2006 substitute--
       "(1A) In circumstances where more than one
             disability service provider provides
             residential services at a residential service,
             only the disability service provider
             delivering the majority of the services at the
             residential service is required to comply with
             subsection (1).".
    (2) In section 57(2) of the Disability Act 2006--
           (a) after paragraph (a) insert--
              "(ab) the intended period of time the person
                    will reside at the residential service;";
          (b) for paragraph (e) and the example at the foot
              of paragraph (e) substitute--
               "(e) any conditions or requirements which
                    apply to the provision of the residential
                    services including any of the
                    following--
                       (i) restrictions that apply in the
                           residential service;
                      (ii) supervision requirements that
                           apply in the residential service;
                     (iii) community access and support
                           requirements;
                     Example
                     A resident may have a behaviour support plan
                     or a treatment plan with which the resident
                     must comply.




                            20
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


               (ea) information relating to matters which
                    may lead to the suspension or
                    termination of a person's residency;
               (eb) the dates by which the residential
                    statement is to be reviewed--
                       (i) the first of which being a date not
                           later than 12 months after the date
                           of the statement; and
                      (ii) any date subsequent to the first
                           date being at least every
                           12 months;
               (ec) whether any directions or civil or
                    criminal orders apply to the person with
                    a disability and, if appropriate, attach
                    the conditions of the order to the
                    residential statement;".
    (3) After section 57(3) of the Disability Act 2006
        insert--
       "(3A) If the treatment plan of a person with a
             disability is varied after they have been given
             a residential statement, the disability service
             provider must ensure that the person is given
             a copy of the revised conditions,
             requirements or restrictions as soon as
             practicable after the disability service
             provider has received a copy of the varied
             conditions, requirements or restrictions.".
    (4) In section 57(4) of the Disability Act 2006, after
        "Act" insert "or any directions, conditions of
        orders or orders a person with a disability has
        been made subject to under any Act".
    (5) In section 57(5) of the Disability Act 2006, after
        "this Act" insert "or any directions, conditions of
        orders or orders a person with a disability has
        been made subject to under any Act".



                            21
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


     (6) In section 57(7) of the Disability Act 2006--
           (a) after "under this Act" insert "or another
               relevant Act";
          (b) in paragraph (c), for "Act." substitute
              "Act;";
           (c) after paragraph (c) insert--
               "(d) the rights and duties of the resident
                    subject to any directions or orders made
                    under any Act that requires the resident
                    to live at the residential service
                    including any conditions to which the
                    resident is subject under any direction
                    or order;
                 (e) the right to seek assistance from the
                     disability service provider to contact an
                     advocate to support the resident in
                     relation to any concerns the resident
                     may have regarding any order the
                     resident is subject to or the conditions
                     on the order they are subject to.".
30 Duties of disability service provider providing
   residential services
     (1) In section 58(1) of the Disability Act 2006--
           (a) in paragraph (a) omit "and with due regard
               to their entitlement to privacy";
          (b) in paragraph (e), for "his or her" substitute
              "their";
           (c) in paragraph (f), for "not" substitute
               "subject to subsection (2A), not";
          (d) in paragraph (h)(ii), for "support services"
              substitute "support and treatment";




                            22
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


           (e) after paragraph (h) insert--
              "(ha) take reasonable steps to support the
                    resident in relation to the
                    implementation of any treatment plan
                    or behaviour support plan and in
                    relation to community access;
               (hb) disclose information relating to the
                    treatment, support and safety needs of
                    the resident with other service
                    providers in accordance with this Act or
                    any other Act;";
           (f) for paragraph (i) substitute--
                "(i) ensure--
                       (i) that residents receive any
                           information which they are
                           required to be given under this
                           Part; and
                      (ii) that it complies with section 7 for
                           the purposes of providing advice,
                           information or notices to
                           residents;
                 (j) take reasonable steps to support a
                     person with a disability to understand
                     and comply with any direction or order,
                     or condition on any order, or any
                     treatment plan, that the person is
                     subject to and which requires the
                     person to live at the residential service;
                (k) if the disability service provider
                    suspects that a direction or an order, or
                    condition on any order, that a person
                    with a disability is subject to and that
                    requires the person to live at the
                    residential service has been breached,




                            23
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


                     report the suspected breach to the
                     responsible authority.".
    (2) In section 58(2) of the Disability Act 2006--
           (a) in paragraph (c), for "plan." substitute
               "plan; or";
          (b) after paragraph (c) insert--
               "(d) a direction, a civil or criminal order or a
                    condition on any order to which the
                    resident is subject requiring the person
                    to reside at the residential service.".
    (3) After section 58(2) of the Disability Act 2006
        insert--
       "(2A) For the purposes of subsection (1)(f), a
             resident's privacy or proper use and
             enjoyment of the premises is not
             unreasonably interfered with or limited if the
             limitation or restriction is imposed by the
             disability service provider in accordance
             with--
                 (a) the resident's behaviour support plan
                     which has been lodged with the Senior
                     Practitioner; or
                (b) the resident's treatment plan; or
                 (c) a direction in respect of the resident
                     given to the disability service provider
                     by the Senior Practitioner, including a
                     direction requiring an amendment to
                     the resident's behaviour support plan or
                     treatment plan; or
                (d) a direction, a civil or criminal order, or
                    condition on any order to which the
                    resident is subject requiring the person
                    to reside at the residential service.".




                            24
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


     (4) In section 58(3) of the Disability Act 2006, after
         "(2)" insert "or (2A)".
     (5) After section 58(4) of the Disability Act 2006
         insert--
         "(5) In this section--
               responsible authority means--
                      (a) the entity responsible for
                          supervising an order a person with
                          a disability is subject to that
                          requires the person to reside at a
                          residential service; or
                      (b) the person who has directed a
                          person with a disability to reside
                          at a residential service.".
31 Duties of residents
     (1) In section 59(1) of the Disability Act 2006--
           (a) paragraph (a) is repealed;
          (b) in paragraph (b), after "the specified
              charges" insert "(if any)";
           (c) in paragraph (e), for "(d)." substitute "(d);";
          (d) after paragraph (e) insert--
                "(f) comply with any direction or order, or
                     condition of any direction or order, that
                     the resident is subject to that requires
                     the resident to live at the residential
                     service.".
     (2) In section 59(2) of the Disability Act 2006--
           (a) in paragraph (d), for "provider." substitute
               "provider;";




                            25
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


          (b) after paragraph (d) insert--
               "(e) knowingly and intentionally breach any
                    conditions specified in their residential
                    statement.".
32 Entry to a resident's room
    (1) After section 60(2)(c) of the Disability Act 2006
        insert--
        "(ca) the disability service provider suspects on
              reasonable grounds that there has been a
              breach of a direction, a civil or criminal
              order or a condition of an order that the
              resident is subject to that requires the
              resident to reside at the residential service;
              or".
    (2) In section 60(2)(c) and (d) of the Disability
        Act 2006 omit "if".
    (3) In section 60(2)(f) of the Disability Act 2006, for
        "support services or to provide support as
        otherwise specified in the resident's support plan"
        substitute "support or assistance to the person
        which is related to the person's disability".
    (4) Section 60(3) of the Disability Act 2006 is
        repealed.
33 New sections 61A and 61B inserted
         After section 61 of the Disability Act 2006
         insert--
       "61A Termination of residency in residential
            service
          (1) The residency of a person receiving
              residential services is terminated in the
              following circumstances--




                            26
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


                 (a) if the period of residency specified in
                     the residential statement has expired
                     and written extension of the residency
                     has not been offered;
                (b) if the person is no longer subject to a
                    direction or a civil or criminal order
                    requiring them to live at the residential
                    service and suitable alternative
                    premises are available for the person to
                    move to;
                 (c) if the person has moved to another
                     premises;
                (d) if the person has resided somewhere
                    other than the residential service for at
                    least 3 months in accordance with a
                    direction or an order of a court or
                    tribunal and there is no agreement in
                    writing between the person and the
                    Secretary for the residency of the
                    person to continue in the residential
                    service;
                 (e) if the disability service provider
                     providing the residential service gives
                     the person written notice that the
                     residency of the person in the
                     residential service will end on a future
                     date specified in the notice;
                 (f) by agreement in writing between the
                     person and the disability service
                     provider providing the residential
                     service.
          (2) A disability service provider who is a funded
              service provider or a contracted service
              provider must--




                            27
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


                 (a) comply with any guidelines issued by
                     the Secretary regarding termination of a
                     person's residency in a residential
                     service; and
                (b) at least 30 days before terminating the
                    residency of a person under subsection
                    (1)(d) or (e), notify the Secretary of the
                    proposed termination.
          (3) For the purposes of subsection (1)(b),
              suitable alternative premises are premises
              that meet guidelines issued by the Secretary
              (if any).
        61B Specialist forensic disability
            accommodation
          (1) The Secretary may in writing determine that
              accommodation provided by a disability
              service provider that provides forensic
              disability support and treatment to people
              with--
                 (a) an intellectual disability; or
                (b) an acquired brain injury or neurological
                    impairment that is a disability within
                    the meaning of paragraph (a) of the
                    definition of disability--
               is specialist forensic disability
               accommodation.
          (2) The Secretary must give the Public Advocate
              written notice of any determination made
              under subsection (1) no later than 7 days
              after making the determination.".
34 Offences relating to interference with rights
         In section 62(3) of the Disability Act 2006, after
         "58(2)" insert "or (2A)".




                            28
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


35 New section 129AA inserted
         Before section 129 of the Disability Act 2006
         insert--
    "129AA Minister approved premises
          (1) The Minister, by notice published in the
              Government Gazette, may specify a premises
              of one of the following types to be a Minister
              approved premises--
                 (a) a premises where--
                       (i) a person with a disability resides;
                           and
                      (ii) that person receives disability
                           services at the premises;
                (b) a premises where--
                       (i) an NDIS participant resides; and
                      (ii) the NDIS participant receives
                           services under the NDIS at the
                           premises;
                 (c) a premises where--
                       (i) a DSOA client resides; and
                      (ii) the DSOA client receives services
                           from an NDIS provider at the
                           premises.
          (2) A type of premises specified in
              subsection (1)(a), (b) or (c) does not include
              a premises owned or rented by--
                 (a) a person with a disability, an NDIS
                     participant or a DSOA client; or
                (b) a family member of a person specified
                    in paragraph (a).




                            29
Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


          (3) In this section--
               rented, in relation to a premises, means
                    rented under Part 2, 3, 4 or 4A of the
                    Residential Tenancies Act 1997.".
36 Visiting of residential service or NDIS dwelling
     (1) In the heading to section 129 of the Disability
         Act 2006, for "or NDIS dwelling" substitute
         ", NDIS dwelling or Minister approved
         premises".
     (2) After section 129(1B) of the Disability Act 2006
         insert--
       "(1C) A community visitor may visit any Minister
             approved premises with or without any
             previous notice at the times and periods that
             the community visitor thinks fit.".
     (3) After section 129(5) of the Disability Act 2006
         insert--
       "(5A) The Minister may direct a community visitor
             to visit a Minister approved premises at the
             times that the Minister directs.".
37 Powers of inspection
     (1) In section 130(3) of the Disability Act 2006--
           (a) in paragraphs (a), (b), (c) and (d), after
               "participant" insert ", DSOA client";
          (b) in paragraph (e), for "an NDIS participant or
              SDA resident who is living in the dwelling
              with the consent of the NDIS participant, the
              NDIS participant's guardian," substitute
              "an NDIS participant, a DSOA client or an
              SDA resident who is living in the dwelling
              with the consent of the NDIS participant, the
              NDIS participant's guardian, the DSOA
              client, the DSOA client's guardian,".



                            30
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


    (2) After section 130(3) of the Disability Act 2006
        insert--
         "(4) A community visitor is entitled when visiting
              a Minister approved premises to do one or
              more of the following--
                 (a) inspect any part of the premises in
                     which a person with a disability, an
                     NDIS participant or a DSOA client is
                     living;
                (b) see any person with a disability, NDIS
                    participant or DSOA client who is
                    living in the premises;
                 (c) make enquiries relating to the provision
                     of services to persons with a disability,
                     NDIS participants or DSOA clients
                     who are living in the premises;
                (d) inspect any document relating to any
                    person with a disability, NDIS
                    participant or DSOA client that is not a
                    medical record and any records
                    required to be kept by or under this Act,
                    the Residential Tenancies Act 1997,
                    the NDIS Act or any regulations, rules
                    or instruments made under those Acts;
                 (e) inspect any medical record relating to
                     persons with a disability, NDIS
                     participants or DSOA clients living in
                     the premises with the consent of the
                     person with a disability, the person with
                     a disability's guardian, the NDIS
                     participant, the NDIS participant's
                     guardian, the DSOA client or the
                     DSOA client's guardian
                     (as appropriate).".




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Disability and Social Services Regulation Amendment Act 2023
                       No.       of 2023
         Part 2--Amendment of Disability Act 2006


38 New section 131B inserted
         After section 131A of the Disability Act 2006
         insert--
      "131B Request to see a community visitor--
            residents of Minister approved premises
          (1) Any Minister approved premises resident or
              any person on behalf of the Minister
              approved premises resident may request the
              disability service provider or registered
              NDIS provider (as appropriate) to arrange
              for the Minister approved premises resident
              to be seen by a community visitor.
          (2) The disability service provider or registered
              NDIS provider must advise the Community
              Visitors Board that a request has been made
              under subsection (1) within 72 hours of
              receiving the request.
               Penalty: 5 penalty units.
          (3) Unless subsection (4) applies, the
              Community Visitors Board must ensure a
              request is responded to within 7 days of the
              request being received under subsection (2).
          (4) For the purposes of subsection (3), if the
              Community Visitors Board considers that it
              would be appropriate in the circumstances,
              the Community Visitors Board may arrange
              for the Public Advocate to respond to the
              request.
          (5) The Community Visitors Board may refuse a
              request under subsection (2) if the
              Community Visitors Board considers that the
              request is--
                 (a) vexatious; or
                (b) frivolous; or



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         Part 2--Amendment of Disability Act 2006


                 (c) lacking in substance.".
39 Record of visits
         After section 132(2) of the Disability Act 2006
         insert--
       "(2A) If a disability service provider or registered
             NDIS provider is present when a community
             visitor visits a Minister approved premises,
             the disability service provider or registered
             NDIS provider must keep a record of the
             visit.
               Penalty: 5 penalty units.".
40 Heading to Part 6A amended
         In the heading to Part 6A of the Disability
         Act 2006 omit "by registered NDIS providers".
41 Section 132ZI substituted
         For section 132ZI of the Disability Act 2006
         substitute--
     "132ZI Disability service provider or registered
            NDIS provider to appoint Authorised
            Program Officer
          (1) A disability service provider or a registered
              NDIS provider must appoint an Authorised
              Program Officer if the provider intends to
              use--
                 (a) restrictive practices on a person under
                     Part 7; or
                (b) compulsory treatment or restrictive
                    practices on a person under Part 8.
          (2) More than one Authorised Program Officer
              may be appointed by a provider under
              subsection (1).".




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Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


42 Section 132ZJ amended
    (1) In the heading to section 132ZJ of the Disability
        Act 2006, for "Registered" substitute
        "Disability service provider or registered".
    (2) In section 132ZJ(1) of the Disability Act 2006,
        for "registered" substitute "disability service
        provider or a registered".
43 Section 132ZL amended
    (1) In the heading to section 132ZL of the Disability
        Act 2006, after "notify" insert "Secretary or".
    (2) In section 132ZL of the Disability Act 2006, for
        "NDIS Commissioner" substitute
        "Secretary (in the case of a disability service
        provider) or the NDIS Commissioner (in the case
        of a registered NDIS provider)".
44 Section 132ZM amended
    (1) In the heading to section 132ZM of the Disability
        Act 2006, after "notify" insert "disability service
        provider or".
    (2) In section 132ZM(1) of the Disability Act 2006,
        for "registered NDIS provider in accordance with
        subsection (2) and has considered any submission
        made by" substitute "disability service provider
        or the registered NDIS provider in accordance
        with subsection (2) and has considered any
        submission made by the disability service
        provider or".
    (3) In section 132ZM(2)(b) of the Disability
        Act 2006, for "registered" substitute
        "disability service provider or the registered".
45 Application for review of appointment decision
    (1) In section 132ZN(1) of the Disability Act 2006,
        for "registered" substitute "disability service
        provider or a registered".


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     (2) For section 132ZN(2)(b) of the Disability
         Act 2006 substitute--
         "(b) if, under the Victorian Civil and
              Administrative Tribunal Act 1998, the
              disability service provider or the registered
              NDIS provider requests a statement of
              reasons for the decision, the day on which--
                 (i) the statement of reasons is given to the
                     disability service provider or the
                     registered NDIS provider; or
                (ii) the disability service provider or the
                     registered NDIS provider is informed
                     under section 46(5) of that Act that a
                     statement of reasons will not be
                     given.".
46 Senior Practitioner may issue directions
     (1) In section 132ZO(1) of the Disability Act 2006--
           (a) for "registered" substitute
               "disability service providers and registered";
          (b) in paragraph (c), for "Officers." substitute
              "Officers; and";
           (c) after paragraph (c) insert--
               "(d) any prescribed matter.".
     (2) After section 132ZO(1) of the Disability
         Act 2006 insert--
       "(1A) The Senior Practitioner may direct a
             disability service provider or a registered
             NDIS provider to appoint an Authorised
             Program Officer.".
     (3) In section 132ZO(2) of the Disability Act 2006,
         for "this section" substitute "subsection (1)".




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Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


47 Part 6B repealed and Part 7 substituted
         For Parts 6B and 7 of the Disability Act 2006
         substitute--

                "Part 7--Use of restrictive
                        practices
         133 Purpose and application of Part
          (1) This Part applies in respect of persons, other
              than persons for whom a treatment plan is in
              force or is required to be prepared under
              Part 8, who--
                 (a) receive disability services; or
                (b) are NDIS participants; or
                 (c) are DSOA clients.
               Note
               Division 6 of Part 8 also contains protective
               provisions in relation to persons subject to a treatment
               plan under Part 8.
          (2) This Part also applies in respect of the use of
              restrictive practices by a registered NDIS
              provider on an NDIS participant who is
              subject to a treatment plan if the treatment
              plan--
                 (a) is prepared for the NDIS participant by
                     or on behalf of the Authorised Program
                     Officer for a disability service provider;
                     and
                (b) is not in accordance with the
                    requirements of the NDIS
                    (Restrictive Practices and Behaviour
                    Support) Rules.




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         Part 2--Amendment of Disability Act 2006


          (3) The purpose of this Part is to--
                 (a) protect the rights of persons with a
                     disability in respect of whom this Part
                     applies and who are receiving disability
                     services by ensuring that--
                       (i) restrictive practices are included
                           in behaviour support plans for
                           those persons only in accordance
                           with this Part; and
                      (ii) restrictive practices are used on
                           those persons only if the
                           requirements of this Part are
                           complied with; and
                (b) protect the rights of NDIS participants
                    and DSOA clients in respect of whom
                    this Part applies by ensuring that
                    regulated restrictive practices are used
                    on the person only if the use is
                    authorised.
          (4) A provider that is both a disability service
              provider and a registered NDIS provider is
              required to comply with this Part either in
              the provider's capacity as a disability service
              provider or registered NDIS provider, but not
              both.
         134 Authorised Program Officers
               An Authorised Program Officer must ensure
               that any restrictive practice used on a person
               in respect of whom this Part applies in the
               provision of--
                 (a) a disability service; or
                (b) services under the NDIS; or




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         Part 2--Amendment of Disability Act 2006


                 (c) supports under the Commonwealth
                     Disability Support for Older
                     Australians program; or
                (d) supports under a prescribed program--
               for which the Authorised Program Officer is
               responsible is administered in accordance
               with this Part.
         135 Use of regulated restrictive practice only
             permitted after authorisation and
             approval given
               Except as provided for in sections 137
               and 145, a disability service provider or a
               registered NDIS provider must not use a
               regulated restrictive practice on a person in
               respect of whom this Part applies unless an
               authorisation under section 136 for the use of
               the regulated restrictive practice is in force
               and--
                 (a) if the regulated restrictive practice is in
                     the form of seclusion, physical restraint
                     or mechanical restraint, the use of that
                     form has been approved by the Senior
                     Practitioner; and
                (b) if the regulated restrictive practice is in
                    the form of a restrictive practice that
                    requires the Senior Practitioner's
                    approval under section 143, the use of
                    that form has been approved by the
                    Senior Practitioner; and
                 (c) if the use of the regulated restrictive
                     practice on a specified person or class
                     of persons requires the Senior
                     Practitioner's approval under
                     section 143, the use of the regulated
                     restrictive practice in that circumstance



                            38
Disability and Social Services Regulation Amendment Act 2023
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                     has been approved by the Senior
                     Practitioner; and
                (d) the matters referred to in
                    section 136(1)(a), (b), (e) and (g) are
                    satisfied.
         136 Authorisation for use of regulated
             restrictive practices
          (1) The Authorised Program Officer may
              authorise the use of a regulated restrictive
              practice on a person in respect of whom this
              Part applies if the Authorised Program
              Officer is satisfied that--
                 (a) the proposed use of the regulated
                     restrictive practice is necessary to
                     prevent the person from causing
                     physical harm to themselves or another
                     person; and
                (b) the use and form of the proposed
                    regulated restrictive practice--
                       (i) is the option which is the least
                           restrictive of the person as is
                           possible in the circumstances; and
                      (ii) is included in the person's
                           behaviour support plan or NDIS
                           behaviour support plan; and
                     (iii) is in accordance with the person's
                           behaviour support plan or NDIS
                           behaviour support plan; and
                      (iv) is not applied for longer than the
                           period of time during which the
                           use of the regulated restrictive
                           practice is necessary under
                           paragraph (a); and




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Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


                 (c) if the person is receiving disability
                     services from a disability service
                     provider and does not have an NDIS
                     behaviour support plan that is in
                     accordance with the NDIS
                     (Restrictive Practices and Behaviour
                     Support) Rules, the person's behaviour
                     support plan is in accordance with this
                     Part; and
                (d) if the person is an NDIS participant or a
                    DSOA client and will be subject to
                    regulated restrictive practices by a
                    registered NDIS provider, the person's
                    NDIS behaviour support plan is in
                    accordance with the requirements of the
                    NDIS (Restrictive Practices and
                    Behaviour Support) Rules; and
                 (e) if seclusion is to be used--
                       (i) the person is supplied with
                           bedding and clothing which is
                           appropriate in the circumstances;
                           and
                      (ii) the person has access to adequate
                           heating or cooling as is
                           appropriate in the circumstances;
                           and
                     (iii) the person is provided with food
                           and drink at the appropriate times;
                           and
                      (iv) the person is provided with
                           adequate toilet arrangements; and
                 (f) the Authorised Program Officer has
                     complied with section 140; and
                (g) any other requirements imposed by the
                    Senior Practitioner are complied with.



                            40
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


          (2) An authorisation given under this section is
              in force until--
                 (a) the authorisation is revoked; or
                (b) the person's behaviour support plan or
                    NDIS behaviour support plan expires;
                    or
                 (c) the person is given a new behaviour
                     support plan or NDIS behaviour
                     support plan.
          (3) An authorisation may be subject to any
              condition that the Authorised Program
              Officer considers appropriate, other than a
              condition requiring the variation of a
              behaviour support plan or NDIS behaviour
              support plan.
         Note
         Section 201D is a corresponding provision in relation to
         persons for whom treatment plans are in force or are
         required to be prepared under Part 8.
         137 Use of regulated restrictive practice
             permitted in certain circumstances--
             disability service provider
          (1) A disability service provider may use a
              regulated restrictive practice on a person to
              whom the disability service provider is
              providing disability services and who is also
              an NDIS participant or a DSOA client with
              an NDIS behaviour support plan if--
                 (a) the Authorised Program Officer of the
                     disability service provider has
                     authorised that use under section 136;
                     and




                             41
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         Part 2--Amendment of Disability Act 2006


                (b) the disability service provider is
                    satisfied that the criteria specified in
                    section 136(1)(a), (b), (e) and (g) are
                    met; and
                 (c) if the regulated restrictive practice is in
                     the form of a restrictive practice
                     specified in section 143(1), the use of
                     that form has been approved by the
                     Senior Practitioner.
          (2) A disability service provider who uses
              regulated restrictive practices on a person
              under subsection (1) must give a report to the
              Senior Practitioner within 7 days after the
              end of an interval specified by the Senior
              Practitioner that details--
                 (a) all instances in which the regulated
                     restrictive practices were used during
                     the period for which the report is
                     prepared; and
                (b) any other details required by the Senior
                    Practitioner.
          (3) The Senior Practitioner may issue directions
              to disability service providers to whom
              subsection (1) applies in relation to the use
              of regulated restrictive practices under that
              subsection.
         138 Behaviour support plan to be prepared
             and include use of regulated restrictive
             practice--disability service providers
          (1) This section applies if--
                 (a) a disability service provider providing a
                     disability service to a person in respect
                     of whom this Part applies--




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Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


                       (i) is satisfied that the criteria
                           specified in section 136(1)(a) and
                           (b) apply; and
                      (ii) proposes to use a regulated
                           restrictive practice on the person;
                           and
                (b) the person receiving the disability
                    service does not have an NDIS
                    behaviour support plan that is in
                    accordance with the NDIS
                    (Restrictive Practices and Behaviour
                    Support) Rules.
          (2) The disability service provider must ensure
              that a behaviour support plan is prepared for
              the person in respect of whom this Part
              applies that--
                 (a) states the circumstances in which the
                     proposed form of a regulated restrictive
                     practice is to be used for behaviour
                     support; and
                (b) explains how the use of a regulated
                    restrictive practice will be of benefit to
                    the person; and
                 (c) demonstrates that the use of a regulated
                     restrictive practice is the option which
                     is the least restrictive of the person as is
                     possible in the circumstances; and
                (d) includes strategies to reduce and
                    eliminate the need for a regulated
                    restrictive practice to be used on the
                    person; and
                 (e) takes into account any--
                       (i) previous behaviour assessments;
                           and



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         Part 2--Amendment of Disability Act 2006


                      (ii) other relevant assessments; and
                 (f) includes the changes to be made to the
                     environment of the person to reduce or
                     eliminate the need for the regulated
                     restrictive practice to be used on the
                     person.
          (3) The disability service provider must ensure
              that during the preparation of the behaviour
              support plan the following persons are
              consulted--
                 (a) the person for whom the behaviour
                     support plan is being prepared;
                (b) if the person for whom the behaviour
                    support plan is being prepared has a
                    guardian, the person's guardian;
                 (c) if any other disability service providers
                     provide disability services to the person
                     for whom the behaviour support plan is
                     being prepared, a representative of each
                     disability service provider;
                (d) if any registered NDIS providers
                    provide services under the NDIS to the
                    person for whom the behaviour support
                    plan is being prepared, a representative
                    of each registered NDIS provider;
                 (e) any other person specified by the
                     person for whom the behaviour support
                     plan is being prepared;
                 (f) any other person that the disability
                     service provider considers integral to
                     the development of the behaviour
                     support plan.




                            44
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


         139 Review of behaviour support plan--
             disability service providers
          (1) A disability service provider must ensure
              that a behaviour support plan prepared under
              section 138 is reviewed at intervals of not
              more than--
                 (a) 12 months; or
                (b) if the Authorised Program Officer or
                    the Senior Practitioner specifies a
                    shorter period, the specified period.
          (2) A person for whom a behaviour support plan
              was prepared under section 138 may request
              a review of the plan at any time.
          (3) A review under this section must consider--
                 (a) strategies to reduce and eliminate the
                     need for the regulated restrictive
                     practice to be used on the person for
                     whom the behaviour support plan was
                     prepared; and
                (b) any previous behaviour support
                    assessments; and
                 (c) any other relevant assessments; and
                (d) changes that could be made to the
                    environment of the person for whom
                    the behaviour support plan was
                    prepared to reduce or eliminate the
                    need for the regulated restrictive
                    practice to be used on the person.
          (4) The disability service provider must ensure
              that in a review of a behaviour support plan
              the following persons are consulted--
                 (a) the person for whom the behaviour
                     support plan was prepared;



                            45
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


                (b) if the person for whom the behaviour
                    support plan was prepared has a
                    guardian, the person's guardian;
                 (c) if any other disability service providers
                     provide disability services to the person
                     for whom the behaviour support plan
                     was prepared, a representative of each
                     disability service provider;
                (d) if any registered NDIS providers
                    provide services under the NDIS to the
                    person for whom the behaviour support
                    plan is prepared, a representative of
                    each registered NDIS provider;
                 (e) any other person specified by the
                     person for whom the behaviour support
                     plan was prepared;
                 (f) any other person that the disability
                     service provider considers integral to
                     the review of the behaviour support
                     plan.
         140 Independent person
          (1) An Authorised Program Officer must ensure
              that an independent person is available to
              explain to a person in respect of whom this
              Part applies--
                 (a) the proposed use of a regulated
                     restrictive practice on the person; and
                (b) that the person to whom this Part
                    applies may seek, as the case
                    requires--
                       (i) a review of the Authorised
                           Program Officer's decision under
                           section 136 to authorise the use of
                           a regulated restrictive practice; or



                            46
Disability and Social Services Regulation Amendment Act 2023
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         Part 2--Amendment of Disability Act 2006


                      (ii) a joint review of the Authorised
                           Program Officer's decision under
                           section 136 to authorise the use of
                           a regulated restrictive practice and
                           the Senior Practitioner's decision
                           under section 143 to approve the
                           use.
               Note
               Section 136(1)(f) provides that authorisation for use
               of a regulated restrictive practice under this Part may
               only be given if the Authorised Program Officer has
               complied with this section.
          (2) Subject to subsection (3), if changes are
              proposed to a behaviour support plan or an
              NDIS behaviour support plan as a result of a
              review by a disability service provider or an
              NDIS behaviour support practitioner, an
              Authorised Program Officer must ensure that
              an independent person is available to explain
              to the person for whom the behaviour
              support plan was prepared--
                 (a) the details of those changes; and
                (b) if those changes involve the inclusion
                    of a more restrictive form or use of
                    regulated restrictive practice, any
                    matter related to the inclusion of the
                    regulated restrictive practice.
          (3) An Authorised Program Officer is not
              required to ensure that an independent
              person is available under subsection (2) if--
                 (a) it is not proposed, as a result of the
                     review, that a more restrictive form or
                     use of regulated restrictive practice be
                     included in the behaviour support plan
                     or NDIS behaviour support plan; and




                             47
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                (b) the person for whom the behaviour
                    support plan or NDIS behaviour
                    support plan was prepared has had the
                    plan reviewed by the disability service
                    provider or NDIS behaviour support
                    practitioner in the last 12 months; and
                 (c) during that review, an independent
                     person was available in accordance
                     with this section.
          (4) The independent person must notify the
              Senior Practitioner if the independent person
              considers that--
                 (a) the person to whom this Part applies is
                     not able to understand the proposal to
                     use the regulated restrictive practice;
                     and
                (b) the requirements of this Act or the
                    relevant requirements of the NDIS Act
                    or NDIS (Restrictive Practices and
                    Behaviour Support) Rules are not being
                    complied with.
          (5) The independent person may notify the
              Public Advocate of any circumstances
              described in subsection (4).
          (6) The independent person must notify the
              Senior Practitioner if the independent person
              considers that this Act, or the requirements
              of the NDIS Act or NDIS
              (Restrictive Practices and Behaviour
              Support) Rules, as the case requires, were
              not complied with when the behaviour
              support plan or NDIS behaviour support plan
              for the person to whom this Part applies was
              being prepared or authorised before the
              independent person explains the plan to the
              person.



                            48
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          (7) The independent person may consult the
              Senior Practitioner if the independent person
              is concerned that this Act, or the
              requirements of the NDIS Act or NDIS
              (Restrictive Practices and Behaviour
              Support) Rules, as the case requires, were
              not complied with when the behaviour
              support plan or NDIS behaviour support plan
              for the person to whom this Part applies was
              being prepared or authorised.
          (8) An independent person assisting the person
              to whom this Part applies must not--
                 (a) be a disability service provider or an
                     NDIS provider for the person; or
                (b) be a representative of a disability
                    service provider or an NDIS provider
                    for the person; or
                 (c) have any interest in a disability service
                     provider or an NDIS provider for the
                     person; or
                (d) have any responsibility in relation to
                    the development or review of the
                    person's behaviour support plan or
                    NDIS behaviour support plan.
          (9) If a person in respect of whom this Part
              applies advises their disability service
              provider or registered NDIS provider that
              they do not consider that the person assisting
              them is an independent person, the
              Authorised Program Officer for that provider
              must arrange for an independent person to
              assist the person.




                            49
Disability and Social Services Regulation Amendment Act 2023
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         141 Powers of Public Advocate
          (1) On receiving a notification under
              section 140(5), the Public Advocate may do
              one or more of the following--
                 (a) refer the matter to the Senior
                     Practitioner;
                (b) within 28 days after receiving the
                    notification, initiate an application to
                    VCAT to review the decision by the
                    Authorised Program Officer to
                    authorise the use of a regulated
                    restrictive practice and, as the case
                    requires, the decision by the Senior
                    Practitioner to approve the use;
                 (c) disclose information about the use or
                     proposed use of a regulated restrictive
                     practice--
                       (i) in the case of a disability service
                           provider, to the Secretary; or
                      (ii) in the case of a registered NDIS
                           provider, to the NDIA or the
                           NDIS Quality and Safeguards
                           Commission.
          (2) This section is in addition to the powers of
              the Public Advocate under the
              Guardianship and Administration
              Act 2019.
         142 Information to be provided
          (1) The Authorised Program Officer, within
              2 working days after authorising the use of a
              regulated restrictive practice on a person
              under section 136, must ensure that the
              Senior Practitioner is given--




                            50
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         Part 2--Amendment of Disability Act 2006


                 (a) a copy of the person's behaviour
                     support plan or NDIS behaviour
                     support plan; and
                (b) the name and details of the independent
                    person who assisted the person; and
                 (c) if the person is an NDIS participant or a
                     DSOA client, any information provided
                     to the NDIS Quality and Safeguards
                     Commission in relation to the use of a
                     regulated restrictive practice that is not
                     included in the person's NDIS
                     behaviour support plan; and
                (d) any other information required by the
                    Senior Practitioner.
          (2) A disability service provider or a registered
              NDIS provider, at least 2 working days
              before using a regulated restrictive practice
              described in subsection (1) on a person,
              must--
                 (a) give the person a notice in accordance
                     with subsection (3); and
                (b) explain the notice to the person in
                    accordance with section 7.
          (3) A notice under subsection (2) must state
              that--
                 (a) the Authorised Program Officer has
                     authorised under section 136 the use of
                     a regulated restrictive practice on the
                     person and, as the case requires, the
                     Senior Practitioner has approved the
                     use under section 143; and




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                (b) the person may seek, as the case
                    requires--
                       (i) a review of the Authorised
                           Program Officer's decision under
                           section 136 to authorise the use of
                           the regulated restrictive practice;
                           or
                      (ii) a joint review of the Authorised
                           Program Officer's decision under
                           section 136 to authorise the use of
                           the regulated restrictive practice
                           and the Senior Practitioner's
                           decision under section 143 to
                           approve the use.
         143 Approval by Senior Practitioner to use
             certain regulated restrictive practices
          (1) The Senior Practitioner, if satisfied of the
              matters in subsection (2), may approve a
              disability service provider or a registered
              NDIS provider to use--
                 (a) a regulated restrictive practice in the
                     form of seclusion, physical restraint or
                     mechanical restraint; or
                (b) a form of regulated restrictive practice
                    specified as requiring approval under
                    this section in a direction given by the
                    Senior Practitioner; or
                 (c) a regulated restrictive practice on a
                     specified person or class of persons
                     specified as requiring approval under
                     this section in a direction given by the
                     Senior Practitioner.




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          (2) For the purposes of subsection (1), the
              matters are--
                 (a) the proposed use of the regulated
                     restrictive practice is necessary to
                     prevent the person in respect of whom
                     this Part applies from causing physical
                     harm to themselves or to another
                     person; and
                (b) the use and form of the proposed
                    regulated restrictive practice is the
                    option which is the least restrictive of
                    the person as is possible in the
                    circumstances; and
                 (c) the use and form of the proposed
                     regulated restrictive practice--
                       (i) is included in the person's
                           behaviour support plan or NDIS
                           behaviour support plan; and
                      (ii) is in accordance with the person's
                           behaviour support plan or NDIS
                           behaviour support plan; and
                     (iii) is not applied for longer than the
                           period of time during which the
                           use of the regulated restrictive
                           practice is necessary under
                           paragraph (a); and
                (d) if the person is receiving disability
                    services from a disability service
                    provider and does not have an NDIS
                    behaviour support plan that is in
                    accordance with the NDIS
                    (Restrictive Practices and Behaviour
                    Support) Rules, the person's behaviour
                    support plan is in accordance with this
                    Part; and



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                 (e) if the person is an NDIS participant or a
                     DSOA client and will be subject to
                     regulated restrictive practices by a
                     registered NDIS provider, the person's
                     NDIS behaviour support plan is in
                     accordance with the requirements of the
                     NDIS (Restrictive Practices and
                     Behaviour Support) Rules; and
                 (f) if seclusion is to be used, that--
                       (i) the person is supplied with
                           bedding and clothing which is
                           appropriate in the circumstances;
                           and
                      (ii) the person has access to adequate
                           heating or cooling as is
                           appropriate in the circumstances;
                           and
                     (iii) the person is provided with food
                           and drink at the appropriate times;
                           and
                      (iv) the person is provided with
                           adequate toilet arrangements; and
                (g) any other requirements imposed by the
                    Senior Practitioner are complied with.
          (3) An approval given under this section is in
              force until--
                 (a) the approval is revoked; or
                (b) the person's behaviour support plan or
                    NDIS behaviour support plan expires;
                    or
                 (c) the person is given a new behaviour
                     support plan or NDIS behaviour
                     support plan.




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          (4) The Senior Practitioner, if satisfied that it is
              appropriate to do so, may lodge evidence
              with the NDIS Commissioner or the
              registered NDIS provider that the proposed
              use of a regulated restrictive practice on an
              NDIS participant or a DSOA client is
              authorised by the Authorised Program
              Officer and, as the case requires, approved
              by the Senior Practitioner.
         144 Review by VCAT
          (1) A person in respect of whom this Part
              applies may apply to VCAT for a review
              of--
                 (a) an Authorised Program Officer's
                     decision under section 136 to authorise
                     the use of a regulated restrictive
                     practice on the person, if that decision
                     did not require the approval of the
                     Senior Practitioner; or
                (b) an Authorised Program Officer's
                    decision under section 136 to authorise
                    the use of a regulated restrictive
                    practice on the person and the Senior
                    Practitioner's decision under
                    section 143 to approve that use.
          (2) A disability service provider or a registered
              NDIS provider may apply to VCAT for a
              review of a decision by the Senior
              Practitioner under section 143 not to approve
              the use of a regulated restrictive practice.
          (3) An application under subsection (1) or (2)
              must be made within 28 days after the day on
              which the person or provider is notified of
              the decision.




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          (4) On an application under this section, VCAT
              must determine the review having regard to
              the requirements of this Part.
          (5) On an application under subsection (1)(a),
              VCAT may do any of the following--
                 (a) confirm the decision to authorise the
                     use of the regulated restrictive practice
                     and dismiss the application;
                (b) subject to paragraph (c), in the case of a
                    disability service provider, order the
                    disability service provider to ensure a
                    new behaviour support plan is prepared
                    in accordance with the order;
                 (c) where an NDIS behaviour support plan
                     is being used for the person, order the
                     disability service provider or the
                     registered NDIS provider to request a
                     review of the NDIS behaviour support
                     plan by the NDIS behaviour support
                     practitioner;
                (d) direct that the regulated restrictive
                    practice not be used on the person.
          (6) On an application under subsection (1)(b),
              VCAT may do any of the following--
                 (a) confirm the decisions to authorise and
                     approve the use of the regulated
                     restrictive practice and dismiss the
                     application;
                (b) subject to paragraph (c), in the case of a
                    disability service provider, order the
                    disability service provider to ensure a
                    new behaviour support plan is prepared
                    in accordance with the order;




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                 (c) where an NDIS behaviour support plan
                     is being used for the person, order the
                     disability service provider or the
                     registered NDIS provider to request a
                     review of the NDIS behaviour support
                     plan by the NDIS behaviour support
                     practitioner;
                (d) direct that the regulated restrictive
                    practice not be used on the person.
          (7) On an application under subsection (2),
              VCAT may do any of the following--
                 (a) confirm the Senior Practitioner's
                     decision not to approve the use of the
                     regulated restrictive practice and
                     dismiss the application;
                (b) subject to paragraph (c), in the case of a
                    disability service provider, order the
                    disability service provider to ensure a
                    new behaviour support plan is prepared
                    in accordance with the order;
                 (c) where an NDIS behaviour support plan
                     is being used for the person, order the
                     disability service provider or the
                     registered NDIS provider to request a
                     review of the NDIS behaviour support
                     plan by the NDIS behaviour support
                     practitioner;
                (d) direct the Senior Practitioner to approve
                    the use of the regulated restrictive
                    practice on the person.




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         145 Authorisation for use of regulated
             restrictive practices in emergencies
          (1) This section applies if--
                 (a) a person in respect of whom this Part
                     applies--
                       (i) does not have a behaviour support
                           plan or an NDIS behaviour
                           support plan which provides for
                           the use of regulated restrictive
                           practices; or
                      (ii) has a behaviour support plan or an
                           NDIS behaviour support plan
                           which provides for the use of
                           regulated restrictive practices
                           and--
                            (A) the Authorised Program
                                Officer has authorised that
                                use; and
                            (B) if the Senior Practitioner is
                                required to approve the use,
                                the Senior Practitioner has
                                not done so; or
                     (iii) has a behaviour support plan or an
                           NDIS behaviour support plan
                           which provides for the use of
                           regulated restrictive practices and
                           the Authorised Program Officer
                           has not authorised that use; and
                (b) the person in charge of the relevant
                    disability service provider or registered
                    NDIS provider is of the opinion that
                    there is an emergency because--
                       (i) there is an imminent risk of the
                           person in respect of whom this
                           Part applies causing serious


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                           physical harm to themselves or
                           another person; and
                      (ii) it is necessary to use a regulated
                           restrictive practice to prevent that
                           risk.
          (2) The disability service provider or registered
              NDIS provider is authorised to use a
              regulated restrictive practice on the person in
              respect of whom this Part applies if--
                 (a) the proposed use and form of the
                     regulated restrictive practice is the
                     option which is the least restrictive of
                     the person as is possible in the
                     circumstances; and
                (b) the use of the regulated restrictive
                    practice is authorised by the person in
                    charge of the disability service provider
                    or registered NDIS provider; and
                 (c) the Authorised Program Officer (if one
                     has been appointed) is notified without
                     delay of the use of the regulated
                     restrictive practice.
          (3) If an Authorised Program Officer has not
              been appointed for the disability service
              provider or registered NDIS provider and the
              provider intends to continue to use a
              regulated restrictive practice on the person in
              respect of whom this Part applies (subject to
              obtaining the required authorisation under
              section 136 and, as the case requires,
              approval under section 143), the disability
              service provider or registered NDIS provider
              must appoint an Authorised Program Officer
              as soon as practicable in accordance with
              Part 6A.




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         146 Directions and other requirements of
             Senior Practitioner
          (1) The Senior Practitioner may give a written
              direction in relation to any of the following
              matters--
                 (a) prohibiting the use of a specified
                     restrictive practice;
                (b) prohibiting the use of a specified class
                    of restrictive practice;
                 (c) regulating the use of a specified
                     restrictive practice;
                (d) regulating the use of a specified class of
                    restrictive practice;
                 (e) prohibiting or regulating the use of a
                     specified restrictive practice on a
                     person belonging to a specified class
                     of--
                       (i) persons with a disability; or
                      (ii) NDIS participants; or
                     (iii) DSOA clients;
                 (f) prohibiting or regulating the use of a
                     specified class of restrictive practices
                     on a person belonging to a specified
                     class of--
                       (i) persons with a disability; or
                      (ii) NDIS participants; or
                     (iii) DSOA clients;
                (g) requiring approval from the Senior
                    Practitioner for the use of a specified
                    restrictive practice;




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                (h) requiring approval from the Senior
                    Practitioner for the use of a specified
                    class of restrictive practice;
                 (i) requiring approval from the Senior
                     Practitioner for the use of a specified
                     class of restrictive practice on a person
                     belonging to a specified class of--
                       (i) persons with a disability; or
                      (ii) NDIS participants; or
                     (iii) DSOA clients;
                 (j) guidelines and standards in relation to
                     the use of restrictive practices;
                (k) any prescribed matter.
          (2) A direction under subsection (1) may be
              given to one or more of the following--
                 (a) a specified disability service provider
                     or registered NDIS provider;
                (b) disability service providers generally;
                 (c) registered NDIS providers generally;
                (d) a class of disability service provider or
                    registered NDIS provider.
          (3) The Senior Practitioner may require a
              registered NDIS provider to provide a report
              to the Senior Practitioner on the use of
              restrictive practices by the registered NDIS
              provider.
         147 Reporting emergency use of regulated
             restrictive practices--disability service
             providers
          (1) The Authorised Program Officer for a
              disability service provider must give to the
              Senior Practitioner a monthly report on the



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               use of a regulated restrictive practice under
               section 145.
          (2) A report under subsection (1) must be given
              within 7 days after the end of each month
              and specify--
                 (a) the form of the regulated restrictive
                     practice used and, if seclusion was
                     used, the period of time during which it
                     was used; and
                (b) the reasons why the regulated
                    restrictive practice was used; and
                 (c) the effect on the person's behaviour;
                     and
                (d) the name of the person who approved
                    the use of the regulated restrictive
                    practice; and
                 (e) the name of the person who applied the
                     regulated restrictive practice or, if
                     seclusion was used, kept the person in
                     seclusion.
         148 Reporting use of regulated restrictive
             practices--disability service providers
          (1) The Senior Practitioner must--
                 (a) monitor whether the use of a
                     regulated restrictive practice by a
                     disability service provider is in
                     accordance with this Part; and
                (b) subject to any guidelines issued under
                    subsection (3), advise the Authorised
                    Program Officer who authorised the
                    regulated restrictive practice as to the
                    intervals, not exceeding 12 months, in
                    which the Authorised Program Officer
                    is to give to the Senior Practitioner a



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                     report on the implementation of a
                     person's behaviour support plan or
                     NDIS behaviour support plan.
          (2) A report required under subsection (1)(b)
              must--
                 (a) be provided within 7 days after the end
                     of the interval advised under subsection
                     (1)(b); and
                (b) contain the matters under
                    section 147(2); and
                 (c) include a record of all instances in
                     which regulated restrictive practices
                     have been used during the period for
                     which the report is prepared; and
                (d) specify any details required by the
                    Senior Practitioner in respect of each
                    instance included under paragraph (c);
                    and
                 (e) have attached a copy of the person's
                     current behaviour support plan or NDIS
                     behaviour support plan if the use of
                     regulated restrictive practices is being
                     continued.
          (3) For the purposes of this section, the Senior
              Practitioner may make and issue guidelines
              relating to the preparation of reports
              including enabling the preparation of a
              consolidated report by an Authorised
              Program Officer where more than one
              disability service provider is providing
              disability services to a person in respect of
              whom this Part applies involving the use of
              regulated restrictive practices.




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         149 Offences
          (1) A disability service provider or a registered
              NDIS provider must not use a regulated
              restrictive practice on a person in respect of
              whom this Part applies except in accordance
              with--
                 (a) section 135; or
                (b) section 137; or
                 (c) section 145.
               Penalty: 240 penalty units.
          (2) Except in accordance with section 145, a
              disability service provider or a registered
              NDIS provider must not use restrictive
              practices on a person in respect of whom this
              Part applies if the Senior Practitioner has not
              approved the appointment of the provider's
              Authorised Program Officer.
               Penalty: 240 penalty units.".
48 Restrictions on liberty or freedom of movement
         At the end of section 150A of the Disability
         Act 2006 insert--
         "(2) A registered NDIS provider must not detain
              a person with an intellectual disability
              otherwise than in accordance with this Part.
               Penalty: 240 penalty units.
          (3) A disability service provider or a registered
              NDIS provider must not use compulsory
              treatment on a person if the Senior
              Practitioner has not approved the
              appointment of the provider's Authorised
              Program Officer.
               Penalty: 240 penalty units.".




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49 Authorised Program Officer must prepare
   treatment plan
    (1) In section 153(3)(b) of the Disability Act 2006
        omit "his or her".
    (2) In section 153(3A)(b)(i) of the Disability
        Act 2006 omit "he or she is".
50 Security conditions
         In section 159(1) of the Disability Act 2006, for
         "A resident" substitute "Subject to section 159A,
         a resident".
51 New section 159A inserted
         After section 159 of the Disability Act 2006
         insert--
      "159A Secretary to approve certain security
            conditions
          (1) A security condition that is a restrictive
              practice and which will apply to all residents
              detained in a residential treatment facility
              must be approved by the Secretary.
          (2) The Secretary may approve a security
              condition described in subsection (1) if the
              purpose of the security condition is for--
                 (a) the supervision of residents; or
                (b) the security of the residential treatment
                    facility.
          (3) The Secretary must consult the Senior
              Practitioner before making a decision under
              this section.".
52 Appeals regarding extended leave
         In section 163(3) of the Disability Act 2006, for
         "he or she" substitute "that person".




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53 Appeals regarding revocation of extended leave
         In section 165(3) of the Disability Act 2006, for
         "he or she" substitute "that person".
54 Preparation of treatment plan
     (1) In section 167(2)(b) of the Disability Act 2006
         omit "his or her".
     (2) In section 167(2A)(b)(i) of the Disability
         Act 2006 omit "he or she is".
55 Certain disability service providers not required to
   comply with Division
         In the note at the foot of section 184(2) of the
         Disability Act 2006, for "section 201B(2)"
         substitute "Division 6".
56 Sections 185 to 191 substituted and new
   sections 191A, 191B and 191C inserted
         For sections 185 to 191 of the Disability Act 2006
         substitute--
        "185 Provision of services to persons subject to
             supervised treatment order
               If a person is subject to a supervised
               treatment order, only a disability service
               provider or a registered NDIS provider may
               provide disability services or services under
               the NDIS (as the case requires) to that
               person.
         186 Authorised Program Officers
               An Authorised Program Officer for a
               primary service provider must ensure that
               any supervised treatment used in the
               provision of a disability service or services
               under the NDIS by the primary service
               provider is administered in accordance with
               this Division.



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         187 Senior Practitioner may approve
             accommodation for supervised treatment
          (1) The Senior Practitioner, on application by a
              disability service provider or a registered
              NDIS provider, may approve in writing
              accommodation at which supervised
              treatment will be provided to a person under
              this Part.
          (2) An application under subsection (1) must--
                 (a) be in the form approved by the Senior
                     Practitioner; and
                (b) include any information required by the
                    Senior Practitioner.
          (3) The Senior Practitioner must not approve
              accommodation under subsection (1) unless
              satisfied that--
                 (a) the accommodation is provided by, on
                     behalf of, or by arrangement with, the
                     applicant; and
                (b) the Authorised Program Officer for the
                    applicant has obtained, applied for or
                    intends to apply for a supervised
                    treatment order in respect of the person;
                    and
                 (c) the applicant will provide the
                     supervised treatment to the person; and
                (d) the accommodation is suitable for
                    persons to reside in for the purposes of
                    receiving supervised treatment.
          (4) The Senior Practitioner at any time in writing
              may--
                 (a) impose, vary or revoke a condition on
                     the approval of accommodation; and



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                (b) revoke the approval of accommodation.
          (5) The Residential Tenancies Act 1997 does
              not apply in respect of accommodation
              approved under subsection (1).
         188 Senior Practitioner must notify Public
             Advocate of approved accommodation
          (1) The Senior Practitioner, within 7 days of
              approving accommodation under
              section 187, must notify the Public Advocate
              of that approval.
          (2) A notification under subsection (1) must
              include the expiry date of the approval, if
              any.
          (3) The Senior Practitioner, within 7 days of
              revoking an approval under section 187,
              must notify the Public Advocate of that
              revocation.
         189 Treatment plans
          (1) A treatment plan prepared by or on behalf of
              an applicant for the purposes of an
              application under section 191(1) must
              include provisions that--
                 (a) specify the treatment that will be
                     provided to the person during the
                     period of the supervised treatment
                     order; and
                (b) state the expected benefit to the person
                    of the treatment; and
                 (c) specify any restrictive practices to be
                     used; and




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                     Note
                     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.
                (d) set out the details of each disability
                    service provider and registered NDIS
                    provider that will be providing services
                    to the person and the nature of those
                    services; and
                 (e) state the level of supervision which will
                     be required to ensure that the person
                     participates in the treatment; and
                 (f) set out a proposed process for the
                     transition of the person to lower levels
                     of supervision and, if appropriate, to
                     living in the community without a
                     supervised treatment order being
                     required.
          (2) A treatment plan prepared under this section
              for an NDIS participant by or on behalf of
              the Authorised Program Officer for a
              registered NDIS provider--
                 (a) must be prepared in accordance with
                     the requirements of--
                       (i) this Part; and
                      (ii) the NDIS (Restrictive Practices
                           and Behaviour Support) Rules;
                           and
                (b) is taken to be the NDIS participant's
                    NDIS behaviour support plan.




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         190 Authorised Program Officer must give
             treatment plan to person
          (1) This section applies if--
                 (a) a treatment plan has been prepared
                     under section 189; and
                (b) that treatment plan has been approved
                    by the Senior Practitioner.
          (2) Before applying for a supervised treatment
              order under section 191(1) in respect of a
              person, the Authorised Program Officer for a
              primary service provider must ensure that the
              treatment plan--
                 (a) is explained to that person and the
                     person's guardian (if any) in accordance
                     with section 7; and
                (b) is given to that person and the person's
                    guardian (if any).
         191 Application for supervised treatment
             order
          (1) The Authorised Program Officer for a
              primary service provider may apply to
              VCAT for a supervised treatment order to be
              made in respect of a person (including an
              NDIS participant) if--
                 (a) the person has an intellectual disability;
                     and
                (b) the person is residing in--
                       (i) a residential service; or
                      (ii) an SDA enrolled dwelling as an
                           SDA resident under an SDA
                           residency agreement; or




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                     (iii) accommodation approved by the
                           Senior Practitioner under
                           section 187; and
                 (c) the Senior Practitioner has approved a
                     treatment plan prepared under
                     section 189 by or on behalf of the
                     applicant; and
                (d) the Authorised Program Officer
                    considers that the person meets the
                    criteria in section 193(1A).
          (2) The Senior Practitioner may direct the
              Authorised Program Officer for a primary
              service provider to make an application
              under subsection (1) in respect of a person if
              the Senior Practitioner considers that the
              person--
                 (a) has an intellectual disability; and
                (b) is residing in accommodation of a type
                    specified in subsection (1)(b); and
                 (c) is being detained to prevent a
                     significant risk of serious harm to
                     another person without a supervised
                     treatment order applying.
       191A Information to be included in application
            for supervised treatment order
          (1) An application under section 191(1) must
              include--
                 (a) a certificate given by the Senior
                     Practitioner which specifies that the
                     person in respect of whom the
                     application is made--
                       (i) has an intellectual disability; and




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                      (ii) is residing in accommodation of a
                           type specified in
                           section 191(1)(b); and
                     (iii) poses a significant risk of serious
                           harm to another person which
                           cannot be substantially reduced by
                           using less restrictive means than a
                           supervised treatment order; and
                      (iv) has a treatment plan that has been
                           approved by the Senior
                           Practitioner; and
                (b) any risk assessment reviewed by the
                    Senior Practitioner to inform the
                    matters specified in paragraph (a)(iii).
          (2) If an application under section 191(1) is
              made in respect of a person who is residing
              in accommodation specified in
              section 191(1)(b)(iii), the application must
              include a copy of the written approval given
              by the Senior Practitioner under section 187.
          (3) An application under section 191(1) may
              include any information informing--
                 (a) the treatment plan of the person in
                     respect of whom the application is
                     made; or
                (b) any risk assessment referred to in
                    subsection (1)(b).
          (4) VCAT, in a proceeding relating to an
              application under section 191(1), may order
              the applicant or the Senior Practitioner--
                 (a) to produce the information described in
                     subsection (3); and




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                (b) to arrange additional assessments of the
                    person in respect of whom the
                    application for a supervised treatment
                    order is made (except an assessment as
                    to whether or not the person has an
                    intellectual disability); and
                 (c) to produce a report of the assessments
                     referred to in paragraph (b).
       191B Senior Practitioner must notify NDIS
            Commissioner if certificate issued
               The Senior Practitioner must give written
               notice to the NDIS Commissioner that a
               certificate referred to in section 191A(1)(a)
               has been given by the Senior Practitioner in
               relation to an NDIS participant.
       191C Notification of application and parties to
            proceeding
          (1) The applicant must notify the following
              persons of an application under
              section 191(1)--
                 (a) the person in respect of whom the
                     supervised treatment order is proposed
                     to be made;
                (b) the Senior Practitioner;
                 (c) the Public Advocate.
          (2) The person in respect of whom the
              supervised treatment order is proposed to be
              made is a party to a proceeding relating to an
              application under section 191(1).
          (3) On the application of the Senior Practitioner,
              VCAT must join the Senior Practitioner as a
              party to a proceeding relating to an
              application under section 191(1).




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          (4) On the application of the Public Advocate,
              VCAT must join the Public Advocate as a
              party to a proceeding relating to an
              application under section 191(1).
          (5) If a person is joined as a party under
              subsection (3) or (4), that person is a party to
              a proceeding relating to any other application
              under section 191(1) concerning the person
              in respect of whom the supervised treatment
              order is proposed to be made.".
57 Heading to section 192 amended
         In the heading to section 192 of the Disability
         Act 2006, for "Disability service provider or
         registered NDIS provider" substitute
         "Authorised Program Officer".
58 Supervised treatment order for persons with a
   disability and NDIS participants
    (1) In section 193(1)(a), (b) and (c) of the Disability
        Act 2006, for "section 191(1) or (1A)" substitute
        "subsection (1A) and section 191(1)(a) to (c)".
    (2) After section 193(1) of the Disability Act 2006
        insert--
       "(1A) VCAT may only make a supervised
             treatment order if VCAT is satisfied that--
                 (a) the person has previously exhibited a
                     pattern of violent or dangerous
                     behaviour causing serious harm to
                     another person or exposing another
                     person to a significant risk of serious
                     harm; and
                (b) there is a significant risk of serious
                    harm to another person which cannot be
                    substantially reduced by using less
                    restrictive means; and



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                 (c) the services to be provided to the
                     person in accordance with the treatment
                     plan will be of benefit to the person and
                     substantially reduce the significant risk
                     of serious harm to another person; and
                (d) the person is unable or unwilling to
                    consent to voluntarily complying with a
                    treatment plan to substantially reduce
                    the significant risk of serious harm to
                    another person; and
                 (e) it is necessary to detain the person to
                     ensure compliance with the treatment
                     plan and prevent a significant risk of
                     serious harm to another person.".
    (3) For section 193(2A) of the Disability Act 2006
        substitute--
       "(2A) On an application under section 191(1) in
             respect of an NDIS participant who will be
             subject to the use of restrictive practices by a
             registered NDIS provider under a treatment
             plan attached to a supervised treatment order
             that is to be used as the NDIS participant's
             NDIS behaviour support plan, VCAT must
             not specify that the treatment plan of the
             NDIS participant be varied--
                 (a) with respect to any regulated restrictive
                     practices; or
                (b) in such a manner that the treatment plan
                    would not be able to be implemented.
        (2B) In deciding whether to make a supervised
             treatment order, VCAT may consider any
             relevant information including--
                 (a) the information described in
                     section 191A(3); and




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                (b) any assessment report produced under
                    section 191A(4); and
                 (c) any relevant information obtained in an
                     earlier proceeding relating to the person
                     in respect of whom the supervised
                     treatment order is proposed to be
                     made.".
    (4) In section 193(3) of the Disability Act 2006--
           (a) in paragraph (a), after "Officer" insert
               "for the primary service provider";
          (b) for paragraph (b) substitute--
               "(b) require the person to whom the
                    supervised treatment order applies to
                    reside in accommodation--
                       (i) of the type specified in the
                           certificate referred to in section
                           191A(1)(a); or
                      (ii) of a type specified in section
                           191(1)(b) and approved in writing
                           by the Senior Practitioner;".
59 Application by the Public Advocate
    (1) In section 194(1)(a) of the Disability Act 2006,
        after "Officer" insert "for a primary service
        provider".
    (2) After section 194(1) of the Disability Act 2006
        insert--
       "(1A) The Public Advocate must notify the Senior
             Practitioner of an application under
             subsection (1).
        (1B) The following persons are parties to a
             proceeding relating to an application under
             subsection (1)--




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                 (a) the person in respect of whom the
                     supervised treatment order is proposed
                     to be made;
                (b) the Authorised Program Officer for the
                    person's primary service provider.
        (1C) On the application of the Senior Practitioner,
             VCAT must join the Senior Practitioner as a
             party to a proceeding relating to an
             application under subsection (1).".
60 New sections 194A, 194B and 194C inserted
         After section 194 of the Disability Act 2006
         insert--
      "194A Responsibilities of Authorised Program
            Officers for primary service providers
          (1) The Authorised Program Officer for a
              primary service provider must notify each
              disability service provider or registered
              NDIS provider specified in a treatment plan
              under a supervised treatment order for which
              the Authorised Program Officer is
              responsible of the conditions and
              requirements of the supervised treatment
              order.
          (2) Notification under subsection (1) must be
              given--
                 (a) as soon as practicable after the
                     supervised treatment order is made; or
                (b) if the provider was not providing
                    services to the person subject to the
                    supervised treatment order before the
                    order was made, before the provider
                    commences providing services to the
                    person.




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          (3) The Authorised Program Officer must notify
              the Senior Practitioner as soon as practicable
              after becoming aware that a disability service
              provider or a registered NDIS provider
              referred to in subsection (1) is--
                 (a) not complying with a condition of the
                     supervised treatment order; or
                 (b) allowing the person who is subject to
                     the supervised treatment order to
                     contravene the order.
       194B Responsibilities of disability service
            providers and registered NDIS providers
          (1) A disability service provider or a registered
              NDIS provider specified in a treatment plan
              under a supervised treatment order
              (other than the primary service provider)
              must take reasonable steps to ensure that the
              provider does not cause the person who is
              subject to the supervised treatment order to
              contravene that order.
          (2) A disability service provider or a registered
              NDIS provider specified in a treatment plan
              under a supervised treatment order
              (other than the primary service provider)
              must notify the Senior Practitioner and the
              primary service provider as soon as
              practicable after becoming aware that the
              person who is subject to the supervised
              treatment order has contravened a condition
              of the order.
          (3) A notification under subsection (2) may be
              given orally.
         Notes
         1    Division 6 also contains obligations for providers using
              restrictive practices on persons who are subject to
              supervised treatment orders.



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         2    See Part 6A for the requirement to appoint an
              Authorised Program Officer.
       194C Authorised Program Officer responsible
            for implementing treatment plan
               An Authorised Program Officer for a
               disability service provider or a registered
               NDIS provider specified in a treatment plan
               under a supervised treatment order
               (other than the primary service provider)
               must ensure that the provider implements
               any part of the treatment plan that concerns
               the provision of services by that provider.".
61 Supervision of supervised treatment order
    (1) In section 195(2) of the Disability Act 2006, after
        "Officer" insert "for a primary service provider".
    (2) After section 195(2) of the Disability Act 2006
        insert--
       "(2A) If requested to do so by the Senior
             Practitioner, an Authorised Program Officer
             for a disability service provider or a
             registered NDIS provider specified in a
             treatment plan (other than a primary service
             provider) must report on the implementation
             of the treatment plan at intervals specified by
             the Senior Practitioner.
        (2B) An Authorised Program Officer for a
             disability service provider or a registered
             NDIS provider specified in a treatment plan
             must report on the use of restrictive practices
             on the person who is subject to the treatment
             plan at intervals, not exceeding 6 months,
             specified by the Senior Practitioner.".
    (3) In section 195(4) of the Disability Act 2006, after
        "subsection (5)" insert ", (5A) or (5B)".




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    (4) In section 195(5) of the Disability Act 2006, after
        "subsection (4)" insert "and unless
        subsection (5A) or (5B) applies".
    (5) For section 195(5A) of the Disability Act 2006
        substitute--
       "(5A) Despite subsection (5) and unless
             subsection (5B) applies, in the case of an
             NDIS participant who will be subject to the
             use of restrictive practices by a registered
             NDIS provider under a treatment plan
             attached to a supervised treatment order that
             is to be used as the NDIS participant's NDIS
             behaviour support plan, if a material change
             to a treatment plan relates to an increase in
             the level of supervision or restriction--
                 (a) the Senior Practitioner must not
                     approve the change; and
                (b) the Authorised Program Officer must
                    apply to VCAT for--
                       (i) a variation of the treatment plan
                           under section 196, if the proposed
                           variation is to the treatment plan
                           and does not relate to a regulated
                           restrictive practice; or
                      (ii) a review of the supervised
                           treatment order under section 196,
                           if, following a review of the NDIS
                           participant's treatment plan, a
                           material change is made to that
                           plan relating to the use of a
                           regulated restrictive practice.".
    (6) In section 195(5B) of the Disability Act 2006--
           (a) after "subsection" insert "(5) and";




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          (b) for "is subject to a supervised treatment
              order obtained by an Authorised Program
              Officer for a registered NDIS provider"
              substitute "will be subject to the use of
              restrictive practices by a registered NDIS
              provider under a treatment plan attached to a
              supervised treatment order that is to be used
              as the NDIS participant's NDIS behaviour
              support plan";
           (c) in paragraph (a) omit "and attached NDIS
               behaviour support plan";
          (d) in paragraph (b)(ii), for "NDIS behaviour
              support" substitute "treatment".
     (7) After section 195(5B) of the Disability Act 2006
         insert--
       "(5C) A change to the specified disability service
             providers and registered NDIS providers
             (other than the primary service provider) in a
             treatment plan may be made with the
             approval of the Senior Practitioner.".
     (8) After section 195(6) of the Disability Act 2006
         insert--
         "(7) For the avoidance of doubt, any disability
              service provider or registered NDIS provider
              providing disability services or services
              under the NDIS to the person who is subject
              to the treatment plan may make a request to
              the Senior Practitioner to make a material
              change to that treatment plan.".
62 Application for review, variation or revocation
     (1) In section 196(1) of the Disability Act 2006--
           (a) for "Officer or" substitute "Officer for a
               primary service provider or";




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          (b) for paragraph (b) substitute--
               "(b) except as provided under
                    subsection (2), to vary the supervised
                    treatment order or the treatment plan;".
    (2) For section 196(2) of the Disability Act 2006
        substitute--
         "(2) An application may not be made under
              subsection (1)(b) if--
                 (a) the person who is subject to the
                     supervised treatment order is an NDIS
                     participant; and
                (b) the treatment plan is also to be used as
                    the NDIS participant's NDIS behaviour
                    support plan; and
                 (c) a registered NDIS provider will
                     administer the restrictive practices; and
                (d) the proposed variation--
                       (i) includes any regulated restrictive
                           practices; or
                      (ii) would result in the treatment plan
                           being unable to be implemented.".
    (3) After section 196(4) of the Disability Act 2006
        insert--
       "(4A) The applicant under subsection (1) must
             notify the following persons of the
             application (unless the person to be notified
             is a party to the proceeding)--
                 (a) the Senior Practitioner;
                (b) the Public Advocate.
        (4B) The following persons are parties to a
             proceeding relating to an application under
             subsection (1)--



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                 (a) the person who is subject to the
                     supervised treatment order;
                (b) the Authorised Program Officer for the
                    person's primary service provider.
        (4C) If the Senior Practitioner was a party to a
             proceeding under section 191 or 194 in
             relation to the person who is subject to the
             supervised treatment order, the Senior
             Practitioner is a party to a proceeding
             relating to an application under
             subsection (1).
        (4D) If the Public Advocate was a party to a
             proceeding under section 191 or 194 in
             relation to the person who is subject to the
             supervised treatment order, the Public
             Advocate is a party to a proceeding relating
             to an application under subsection (1).
        (4E) On the application of the Senior Practitioner,
             VCAT must join the Senior Practitioner as a
             party to a proceeding relating to an
             application under subsection (1).
        (4F) On the application of the Public Advocate,
             VCAT must join the Public Advocate as a
             party to a proceeding relating to an
             application under subsection (1).".
    (4) In section 196(5) of the Disability Act 2006--
           (a) in paragraph (a)--
                 (i) for "section 191(1) or (1A), as the case
                     requires," substitute
                     "sections 191(1)(a) to (c) and 193(1A)";




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                (ii) for subparagraph (ii) substitute--
                     "(ii) confirm the supervised treatment
                           order or treatment plan subject to
                           any variation that VCAT
                           considers appropriate, unless--
                            (A) the supervised treatment
                                order is for an NDIS
                                participant who will be
                                subject to the use of
                                restrictive practices by a
                                registered NDIS provider;
                                and
                            (B) the treatment plan is to be
                                used as the NDIS
                                participant's NDIS behaviour
                                support plan; and
                            (C) the proposed variation relates
                                to any regulated restrictive
                                practices or would result in
                                the NDIS participant's
                                treatment plan being unable
                                to be implemented; or";
          (b) in paragraph (b), for "section 191(1) or (1A),
              as the case requires," substitute
              "sections 191(1)(a) to (c) and 193(1A)".
    (5) For section 196(7)(b) of the Disability Act 2006
        substitute--
         "(b) if the supervised treatment order is for an
              NDIS participant who will be subject to the
              use of restrictive practices by a registered
              NDIS provider and the treatment plan is also
              to be used as the NDIS participant's NDIS
              behaviour support plan, the proposed
              variation--




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                 (i) does not relate to any regulated
                     restrictive practices; and
                (ii) would not result in the NDIS
                     participant's treatment plan being
                     unable to be implemented; and
          (c) if the proposed variation is to change the
              primary service provider stated in the
              supervised treatment order, the proposed
              new primary service provider satisfies the
              requirements in section 3C(1) or (2).".
    (6) In section 196(8)(a) and (b) of the Disability
        Act 2006, for "section 191(1) or (1A), as the case
        requires," substitute "sections 191(1)(a) to (c) and
        193(1A)".
    (7) In section 196(9) of the Disability Act 2006--
           (a) in paragraph (a) omit "variation of the".
          (b) for paragraph (b) substitute--
               "(b) if the supervised treatment order is for
                    an NDIS participant who will be
                    subject to the use of restrictive practices
                    by a registered NDIS provider and the
                    treatment plan is also to be used as the
                    NDIS participant's NDIS behaviour
                    support plan, any variation--
                       (i) does not relate to any regulated
                           restrictive practices; and
                      (ii) would not result in the NDIS
                           participant's treatment plan being
                           unable to be implemented.".




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63 Section 196A substituted
         For section 196A of the Disability Act 2006
         substitute--
      "196A Process concerning expiry of supervised
            treatment order
          (1) The Authorised Program Officer for the
              primary service provider of a person who is
              subject to a supervised treatment order must
              notify the persons specified in subsection (2)
              not less than 60 days before the expiry of
              that supervised treatment order of the
              following matters--
                 (a) the expiry date of the supervised
                     treatment order;
                (b) whether the Authorised Program
                    Officer intends to apply under
                    section 191(1) for another supervised
                    treatment order to be made in respect of
                    the person who is subject to the
                    supervised treatment order;
                 (c) if the Authorised Program Officer is not
                     eligible to apply for another supervised
                     treatment order because the disability
                     service provider or registered NDIS
                     provider that appointed them will not
                     be the primary service provider for the
                     purposes of an application under
                     section 191(1), whether the Authorised
                     Program Officer considers that a
                     supervised treatment order is necessary.
          (2) The persons to be notified under
              subsection (1) are the following--
                 (a) the person who is subject to the
                     supervised treatment order;
                (b) the Public Advocate;


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                 (c) the Senior Practitioner;
                (d) any disability service provider or
                    registered NDIS provider specified in
                    the treatment plan under the supervised
                    treatment order.
          (3) The Senior Practitioner may direct the
              Authorised Program Officer of a primary
              service provider to make an application
              under section 191(1) in respect of a person if
              the Senior Practitioner considers that a
              supervised treatment order in respect of the
              person continues to be required to prevent a
              significant risk of serious harm to another
              person.
          (4) The Public Advocate may apply to VCAT
              for an order directing the Authorised
              Program Officer of a primary service
              provider to make an application under
              section 191(1) in respect of a person if the
              Public Advocate considers that a supervised
              treatment order in respect of the person
              continues to be required to prevent a
              significant risk of serious harm to another
              person.
          (5) The Public Advocate must notify the Senior
              Practitioner of an application under
              subsection (4).
          (6) The following persons are parties to a
              proceeding relating to an application under
              subsection (4)--
                 (a) the person in respect of whom the
                     further supervised treatment order is
                     proposed to be made;
                (b) the Authorised Program Officer for the
                    person's primary service provider.



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          (7) On the application of the Senior Practitioner,
              VCAT must join the Senior Practitioner as a
              party to a proceeding relating to an
              application under subsection (4).
          (8) If on an application under subsection (4)
              VCAT considers that the matters referred to
              in that subsection are satisfied, VCAT may
              make an order directing that--
                 (a) the Authorised Program Officer for the
                     primary service provider make an
                     application under section 191(1) within
                     28 days of the date that the order is
                     made or before the current supervised
                     treatment order expires (whichever is
                     earlier); and
                (b) the Public Advocate is to be a party to
                    the application.".
64 Application for rehearing
    (1) In section 197(1) of the Disability Act 2006, after
        "Officer" insert "for the primary service
        provider".
    (2) After section 197(5) of the Disability Act 2006
        insert--
         "(6) The applicant under subsection (1) must
              notify the following persons of the
              application (unless the person to be notified
              is a party to the proceeding)--
                 (a) the Senior Practitioner;
                (b) the Public Advocate.
          (7) The following persons are parties to a
              proceeding relating to an application under
              subsection (1)--
                 (a) the person who is subject to the
                     supervised treatment order;


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                (b) the Authorised Program Officer for the
                    person's primary service provider;
                 (c) the Senior Practitioner, if the Senior
                     Practitioner was a party to the
                     proceeding for which the application
                     for a rehearing relates;
                (d) the Public Advocate, if the Public
                    Advocate was a party to the proceeding
                    for which the application for a
                    rehearing relates.
          (8) On the application of the Senior Practitioner,
              VCAT must join the Senior Practitioner as a
              party to a proceeding relating to an
              application under subsection (1).
          (9) On the application of the Public Advocate,
              VCAT must join the Public Advocate as a
              party to a proceeding relating to an
              application under subsection (1).".
65 Senior Practitioner may make assessment order
    (1) In section 199(1) of the Disability Act 2006, after
        "Officer" insert "for a primary service provider".
    (2) For section 199(2)(b) of the Disability Act 2006
        substitute--
         "(b) the person is residing in accommodation of a
              type specified in section 191(1)(b);".
66 Apprehension of person subject to a supervised
   treatment order absent without approval
    (1) For section 201(1) of the Disability Act 2006
        substitute--
         "(1) A person who is subject to a supervised
              treatment order who is absent without
              approval from the accommodation that the
              person is required to reside in under the
              order may be apprehended at any time for


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               the purpose of being returned to that
               accommodation by--
                 (a) a police officer; or
                (b) the person in charge of the disability
                    service provider providing disability
                    services at the accommodation; or
                 (c) the person in charge of the registered
                     NDIS provider providing daily
                     independent living supports at the
                     accommodation; or
                (d) a person who--
                       (i) is employed or engaged by, or
                           who is providing disability
                           services or services under the
                           NDIS at the accommodation for or
                           on behalf of, the disability service
                           provider or registered NDIS
                           provider referred to in paragraph
                           (b) or (c); and
                      (ii) is authorised by the person in
                           charge of the disability service
                           provider or registered NDIS
                           provider to apprehend persons
                           subject to supervised treatment
                           orders in the course of their
                           duties.".
    (2) In section 201(2) of the Disability Act 2006--
           (a) for "residential service or the SDA enrolled
               dwelling, as the case requires," substitute
               "accommodation";
          (b) in paragraph (c), after "Officer" insert
              "for the primary service provider".




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67 Heading to Division 6 of Part 8 amended
         In the heading to Division 6 of Part 8 of the
         Disability Act 2006, for "Restrictive practices
         used by disability service providers" substitute
         "Use of restrictive practices in".
68 Purpose and application of Division
    (1) For section 201A(1) of the Disability Act 2006
        substitute--
         "(1) This Division applies in respect of persons
              with a disability and NDIS participants for
              whom a disability service provider, or the
              Authorised Program Officer for a disability
              service provider or a registered NDIS
              provider, has prepared, or is required to
              prepare, a treatment plan under this Part.".
    (2) In section 201A(2) of the Disability Act 2006, for
        "to whom" substitute "in respect of whom".
    (3) For the note at the foot of section 201A(2) of the
        Disability Act 2006 substitute--
         "Note
         Part 7 contains corresponding protective provisions in
         relation to other persons with a disability and other NDIS
         participants.".
    (4) For section 201A(3) of the Disability Act 2006
        substitute--
         "(3) Each disability service provider and
              registered NDIS provider using restrictive
              practices on a person in respect of whom this
              Part applies must comply with this Division.
        (3A) Despite subsections (1) and (3), if one of the
             requirements in subsection (3B) is satisfied,
             a registered NDIS provider is authorised to
             use regulated restrictive practices on, and is
             not required to comply with this Division in



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               relation to, an NDIS participant who is
               subject to a treatment plan--
                 (a) prepared by or on behalf of the
                     Authorised Program Officer for a
                     disability service provider; and
                (b) that is not in accordance with the
                    requirements of the NDIS
                    (Restrictive Practices and Behaviour
                    Support) Rules.
               Note
               Sections 134, 141, 142, 143, 144, 146 and 149 apply
               to the use of regulated restrictive practices on an
               NDIS participant described in this subsection.
        (3B) The requirements referred to in
             subsection (3A) are--
                 (a) the use of the regulated restrictive
                     practice is in accordance with
                     section 135 and is authorised under
                     section 136; or
                (b) the use of the regulated restrictive
                    practice is authorised under
                    section 145.".
    (5) For section 201A(4) of the Disability Act 2006
        substitute--
         "(4) Subject to subsection (3A), a provider that is
              both a disability service provider and a
              registered NDIS provider for a person is
              required to comply with this Division in
              relation to that person--
                 (a) subject to paragraph (b), either in the
                     provider's capacity as a disability
                     service provider or a registered NDIS
                     provider, but not both; or




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                (b) if the provider uses restrictive practices
                    when providing NDIS services to the
                    person, in the provider's capacity as a
                    registered NDIS provider.
          (5) A disability service provider is not required
              to comply with sections 201B to 201E in
              applying a security condition if the Secretary
              has approved the security condition under
              section 159A.".
69 Use of restrictive practices
     (1) For section 201B(1) of the Disability Act 2006
         substitute--
         "(1) A disability service provider or a registered
              NDIS provider must not use a restrictive
              practice on a person in respect of whom this
              Division applies unless--
                 (a) there is a treatment plan in force for
                     that person; and
                (b) the treatment plan includes the
                    restrictive practice; and
                 (c) if the restrictive practice is a regulated
                     restrictive practice, sections 201D
                     and 201E are complied with.".
     (2) Section 201B(2), (3) and (4) of the Disability
         Act 2006 are repealed.




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70 Section 201C substituted
         For section 201C of the Disability Act 2006
         substitute--
      "201C Authorised Program Officers
          (1) An Authorised Program Officer for a
              disability service provider must ensure that
              any restrictive practice used on a person in
              respect of whom this Division applies in the
              provision of a disability service for which the
              disability service provider is responsible is
              administered in accordance with--
                 (a) this Division; and
                (b) the person's treatment plan.
          (2) An Authorised Program Officer for a
              registered NDIS provider must ensure that
              any restrictive practice used on an NDIS
              participant in respect of whom this Division
              applies in the provision of services under the
              NDIS for which the registered NDIS
              provider is responsible is administered in
              accordance with--
                 (a) this Division; and
                (b) the NDIS Act; and
                 (c) any regulations, instruments or rules
                     made under the NDIS Act; and
                (d) the NDIS participant's treatment plan.".
71 Use of regulated restrictive practices
     (1) In section 201D of the Disability Act 2006--
           (a) for "on a person to" substitute "or a
               registered NDIS provider on a person in
               respect of";
          (b) paragraph (a)(ii) is repealed;



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           (c) for paragraph (c)(iii) substitute--
              "(iii) is not applied for longer than the period
                     of time during which the use of the
                     regulated restrictive practice is
                     necessary under paragraph (a); and";
          (d) after paragraph (c) insert--
              "(ca) the treatment plan was prepared in
                    accordance with--
                        (i) section 201E; and
                       (ii) if the person to whom this
                            Division applies is an NDIS
                            participant and the treatment plan
                            is also to be used as the person's
                            NDIS behaviour support plan, the
                            requirements of the NDIS
                            (Restrictive Practices and
                            Behaviour Support) Rules; and".
    (2) For the note at the foot of section 201D of the
        Disability Act 2006 substitute--
         "Note
         Section 135 is a corresponding provision in relation to other
         persons with a disability and other NDIS participants.".
72 Reports
    (1) In section 201F(1) of the Disability Act 2006--
           (a) in paragraph (a), after "practices" insert
               "by disability service providers";
          (b) in paragraph (b), for "subject to any
              guidelines issued under subsection (3),
              advise the Authorised Program Officer"
              substitute "advise the Authorised Program
              Officer for a disability service provider".
    (2) Section 201F(3) of the Disability Act 2006 is
        repealed.



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73 Section 201FA repealed
         Section 201FA of the Disability Act 2006 is
         repealed.
74 Section 201G substituted
         For section 201G of the Disability Act 2006
         substitute--
      "201G Offence
                A disability service provider or a registered
                NDIS provider must not use a regulated
                restrictive practice on a person in respect of
                whom this Division applies except in
                accordance with--
                 (a) section 201A(3A), (4) or (5); or
                 (b) section 201B.
                Penalty: 240 penalty units.
         Note
         Section 149 provides a corresponding offence in relation to
         other persons with a disability and other NDIS
         participants.".
75 Section 201H substituted
         For section 201H of the Disability Act 2006
         substitute--
      "201H Senior Practitioner may issue guidelines
            and standards and give directions
          (1) The Senior Practitioner may issue guidelines
              and standards in relation to any of the
              following matters--
                 (a) the use of restrictive practices on
                     persons subject to a treatment plan;
                 (b) the development of treatment plans and
                     the matters to be included in treatment
                     plans;



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                 (c) reporting requirements on the
                     implementation of treatment plans;
                (d) reporting requirements on the use of
                    restrictive practices, including the
                    consolidation of reports where there are
                    multiple service providers;
                 (e) any prescribed matter.
          (2) The Senior Practitioner may give written
              directions in relation to any of the following
              matters--
                 (a) any of the matters specified in
                     subsection (1);
                (b) prohibiting the use of a specified
                    restrictive practice;
                 (c) prohibiting the use of a specified class
                     of restrictive practice;
                (d) regulating the use of a specified
                    restrictive practice;
                 (e) regulating the use of a specified class of
                     restrictive practice;
                 (f) prohibiting or regulating the use of a
                     specified restrictive practice on a
                     person belonging to a specified class of
                     persons with a disability or a specified
                     class of NDIS participants;
                (g) prohibiting or regulating the use of a
                    specified class of restrictive practices
                    on a person belonging to a specified
                    class of persons with a disability or a
                    specified class of NDIS participants;
                (h) requiring approval from the Senior
                    Practitioner for the use of a specified
                    restrictive practice;



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                 (i) requiring approval from the Senior
                     Practitioner for the use of a specified
                     class of restrictive practice;
                 (j) requiring approval from the Senior
                     Practitioner for the use of a specified
                     class of restrictive practice on a person
                     belonging to a specified class of
                     persons with a disability or a specified
                     class of NDIS participants;
                (k) any prescribed matter.
          (3) Guidelines, standards or directions under this
              section may be issued or given to one or
              more of the following--
                 (a) a specified disability service provider
                     or registered NDIS provider;
                (b) disability service providers generally;
                 (c) registered NDIS providers generally;
                (d) a class of disability service provider or
                    registered NDIS provider.".
76 Section 201I substituted
         For section 201I of the Disability Act 2006
         substitute--
       "201I Senior Practitioner may lodge evidence
             regarding use of regulated restrictive
             practices
               If satisfied that it is appropriate to do so, the
               Senior Practitioner may lodge evidence with
               the NDIS Commissioner or the registered
               NDIS provider that the use of regulated
               restrictive practices on an NDIS participant
               is authorised under this Division.".




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77 Division 7 of Part 8 repealed
         Division 7 of Part 8 of the Disability Act 2006 is
         repealed.
78 Delegation
         In section 204(2) of the Disability Act 2006, for
         "or NDIS participants" substitute
         ", NDIS participants or DSOA clients".
79 Provision of staff services
         In section 205(1) of the Disability Act 2006, after
         "provider" insert "that is a contracted service
         provider or a funded service provider".
80 Production of identity card
         In section 209 of the Disability Act 2006, for
         "his or her" substitute "their".
81 Offence to impersonate authorised officer
         In section 213 of the Disability Act 2006, for
         "himself or herself" substitute "themselves".
82 Persons who are liable for offences
         In section 217(3)(a) and (b) of the Disability
         Act 2006, for "he or she" substitute "they".
83 Power to bring proceedings
         After section 218(2) of the Disability Act 2006
         insert--
         "(3) The Senior Practitioner may also bring
              proceedings for an offence under Part 6A, 7
              or 8.".




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84 New Division 6 of Part 10 inserted
         After Division 5 of Part 10 of the Disability
         Act 2006 insert--

           'Division 6--Transitional provisions--
                Disability and Social Services
              Regulation Amendment Act 2023
         246 Definition
               In this Division--
               commencement day means the day on which
                   Division 1 of Part 2 of the Disability
                   and Social Services Regulation
                   Amendment Act 2023 comes into
                   operation.
         247 Authorised Program Officers
               If immediately before the commencement
               day a person was an Authorised Program
               Officer under an appointment or approval by
               the Secretary, on and from the
               commencement day the Senior Practitioner is
               taken to have approved the appointment
               under section 132ZJ.
         248 Decisions as to disability
               If immediately before the commencement
               day, a decision under section 50 as to
               whether a person has a disability is in effect,
               on and from the commencement day that
               decision is taken to have been made in
               accordance with section 50 as substituted by
               the Disability and Social Services
               Regulation Amendment Act 2023.




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         249 Approval of accommodation
               On and from the commencement day, the
               Senior Practitioner may approve
               accommodation under section 187 as
               substituted by the Disability and Social
               Services Regulation Amendment Act 2023
               for a person in respect of whom a supervised
               treatment order, or an application for a
               supervised treatment order, was made before
               the commencement day.
         250 Pending applications and requests
          (1) If, immediately before the commencement
              day, an application for a supervised
              treatment order under section 191 is before
              VCAT, on and from the commencement
              day--
                 (a) the application is taken to be an
                     application made in accordance with
                     section 191 as substituted by the
                     Disability and Social Services
                     Regulation Amendment Act 2023;
                     and
                (b) this Act as amended by the Disability
                    and Social Services Regulation
                    Amendment Act 2023 applies to the
                    determination of the application; and
                 (c) unless VCAT otherwise orders, the
                     applicant is not required to provide any
                     additional information required under
                     section 191A(1), (2) or (3); and




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                (d) the disability service provider or
                    registered NDIS provider that
                    appointed the Authorised Program
                    Officer who applied for the supervised
                    treatment order is taken to be the
                    primary service provider for the person
                    in respect of whom the application is
                    made; and
                 (e) for the purposes of the application, a
                     certificate given by the Senior
                     Practitioner under section 191(3) before
                     the commencement day--
                       (i) is taken to be a certificate under
                           section 191A(1) as substituted by
                           the Disability and Social
                           Services Regulation
                           Amendment Act 2023; and
                      (ii) is taken to relate to
                           accommodation of a type
                           specified in section 191(1)(b) as
                           substituted by that Act.
          (2) On and from the commencement day--
                 (a) this Act as amended by the Disability
                     and Social Services Regulation
                     Amendment Act 2023 applies to an
                     application under section 194 that is
                     before VCAT immediately before the
                     commencement day; and
                (b) this Act as in force immediately before
                    the commencement day continues to
                    apply in respect of an application under
                    section 196A that is before VCAT
                    immediately before the commencement
                    day; and




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                 (c) this Act as in force immediately before
                     the commencement day continues to
                     apply in respect of--
                       (i) a request for a decision under
                           section 50(1) that is not
                           determined immediately before
                           the commencement day; and
                      (ii) an application for a review under
                           section 50(7) that is not
                           determined immediately before
                           the commencement day; and
                (d) subject to subsection (3), this Act as
                    amended by the Disability and Social
                    Services Regulation Amendment
                    Act 2023 applies to an application
                    under section 196 that is before VCAT
                    immediately before the commencement
                    day.
          (3) Section 196(4C) and (4D) do not apply in
              respect of an application under section 196
              that is before VCAT immediately before the
              commencement day.
          (4) Subject to subsection (5), on and from the
              commencement day, this Act as amended by
              the Disability and Social Services
              Regulation Amendment Act 2023 applies
              to an application under section 197 that is
              before VCAT immediately before the
              commencement day if that application is for
              a rehearing of--
                 (a) an application under section 191(1); or
                (b) an application under section 196(1).
          (5) Section 197(7)(c) and (d) do not apply in
              respect of an application under section 197
              described in subsection (4) that is before



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               VCAT immediately before the
               commencement day.
          (6) If an application under section 197 that is
              before VCAT immediately before the
              commencement day for a rehearing of an
              application under section 196A(1), on and
              from the commencement day--
                 (a) this Act as in force immediately before
                     the commencement day (other than
                     section 196A(3) as in force
                     immediately before that day) continues
                     to apply in respect of the application;
                     and
                (b) section 196A(3) as in force
                    immediately before the commencement
                    day applies in respect of the application
                    as if a reference to "section 191(1)
                    or (1A)" were a reference to
                    "sections 191(1)(a) to (c) and 193(1A)
                    as in force on and from the day on
                    which Division 1 of Part 2 of the
                    Disability and Social Services
                    Regulation Amendment Act 2023
                    comes into operation".
          (7) On and from the commencement day,
              section 198(1) applies to a rehearing of an
              application under section 191(1) or 196(1) as
              if a reference to "at first instance" were a
              reference to "under this Act as in force on
              and from the commencement day" in the
              following circumstances--
                 (a) the application under section 197 for
                     the rehearing was made before the
                     commencement day;




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                (b) the application under section 197 for
                    the rehearing was made on or after the
                    commencement day and the application
                    under section 191(1) or 196(1) was
                    made before the commencement day.
         251 Supervised treatment orders
          (1) If a supervised treatment order is in force
              immediately before the commencement day,
              on and from the commencement day the
              disability service provider or registered
              NDIS provider that appointed the Authorised
              Program Officer stated in the order as being
              responsible for the implementation of the
              order is taken to be the primary service
              provider for the person in respect of whom
              that application was made.
          (2) Subject to subsection (3), on and from the
              commencement day, this Act as amended by
              the Disability and Social Services
              Regulation Amendment Act 2023 applies
              to a supervised treatment order or an interim
              supervised treatment order that is in force
              immediately before the commencement day.
          (3) A supervised treatment order made in respect
              of a person before the commencement day
              continues in force until the order expires or
              is revoked.
         252 Treatment plans
          (1) If immediately before the commencement
              day a treatment plan is in force for a
              person--
                 (a) who is subject to a supervised treatment
                     order; or




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                (b) in respect of whom an application for a
                    supervised treatment order has been
                    made--
               on and from the commencement day, that
               treatment plan is taken to be the person's
               treatment plan under section 189 as
               substituted by the Disability and Social
               Services Regulation Amendment
               Act 2023.
          (2) If immediately before the commencement
              day a treatment plan to which an NDIS
              behaviour support plan is attached is in force
              for an NDIS participant--
                 (a) who is subject to a supervised treatment
                     order; or
                (b) in respect of whom an application for a
                    supervised treatment order has been
                    made--
               on and from the commencement day the
               treatment plan and the NDIS behaviour
               support plan are together taken to be the
               NDIS participant's treatment plan under
               section 189 as substituted by the Disability
               and Social Services Regulation
               Amendment Act 2023.
         253 Guidelines, directions and standards
          (1) On and from the commencement day, any
              directions issued under section 135(6) or
              186(6) before the commencement day are
              taken to be directions issued under
              section 132ZO as amended by the Disability
              and Social Services Regulation
              Amendment Act 2023.




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          (2) On and from the commencement day, any
              guidelines or directions issued under
              section 132ZY, 147A or 150 before the
              commencement day are taken to be
              guidelines or directions (as the case requires)
              issued under section 146 as substituted by
              the Disability and Social Services
              Regulation Amendment Act 2023.
          (3) On and from the commencement day, any
              guidelines, directions or standards issued
              under section 201FA, 201H or 201I before
              the commencement day are taken to be
              guidelines, directions or standards (as the
              case requires) issued under section 201H as
              substituted by the Disability and Social
              Services Regulation Amendment
              Act 2023.
         254 Offences
               If an offence against this Act is alleged to
               have been committed between 2 dates, one
               before and one after the commencement day,
               the offence is alleged to have been
               committed before the commencement day.
         255 Regulated restrictive practices
          (1) If immediately before the commencement
              day an authorisation under section 132ZR(1)
              for the use of a regulated restrictive practice
              is in force, on and from the commencement
              day that authorisation is taken to be an
              authorisation for the use of the regulated
              restrictive practice under section 136 as
              substituted by the Disability and Social
              Services Regulation Amendment
              Act 2023.




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          (2) If immediately before the commencement
              day a behaviour support plan is in force that
              includes the approved use of a regulated
              restrictive practice under section 145, on and
              from the commencement day that approval is
              taken to be an authorisation for the use of the
              regulated restrictive practice under
              section 136 as substituted by the Disability
              and Social Services Regulation
              Amendment Act 2023.
          (3) If immediately before the commencement
              day an approval under section 132ZV
              or 145A is in force, on and from the
              commencement day that approval is taken to
              be an approval for the use of the regulated
              restrictive practice under section 143 as
              substituted by the Disability and Social
              Services Regulation Amendment
              Act 2023.
          (4) Subject to subsection (5), if immediately
              before the commencement day a person
              could apply to VCAT for a review of a
              decision under section 132ZW or 146, on
              and from the commencement day--
                 (a) the decision to be reviewed is taken to
                     be a decision under section 136 or 143
                     (as the case requires) as substituted by
                     the Disability and Social Services
                     Regulation Amendment Act 2023;
                     and
                (b) the person may apply for a review of
                    that decision under section 144 as
                    substituted by that Act.




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          (5) The person must apply for a review under
              subsection (4) within 28 days after the day
              on which the person is notified of the
              decision.
          (6) On and from the commencement day, this
              Act as in force immediately before the
              commencement day continues to apply in
              respect of an application under
              section 132ZW or 146 that is before VCAT
              immediately before the commencement day.
         256 Behaviour support plans
               If immediately before the commencement
               day a behaviour support plan is in place
               under section 141, on and from the
               commencement day that plan is taken to be a
               behaviour support plan under section 138 as
               substituted by the Disability and Social
               Services Regulation Amendment
               Act 2023.
         257 Public Advocate reports
               If a report is made under section 132ZS(4)
               or 143(2) before the commencement day, on
               and from the commencement day--
                 (a) in the case of a report made more than
                     28 days before the commencement day,
                     this Act as in force immediately before
                     the commencement day continues to
                     apply in respect of the report; or
                (b) in the case of a report made within
                    28 days before the commencement day,
                    this Act as amended by the Disability
                    and Social Services Regulation
                    Amendment Act 2023 applies in
                    respect of the report.




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         258 Security conditions
          (1) This section applies if, immediately before
              the commencement day, a security condition
              that is a restrictive practice was imposed on
              the residents of a residential treatment
              facility under section 159(1).
          (2) Despite section 159A, the approval of the
              security condition by the Secretary is not
              required until 30 days after the
              commencement day.
         259 Residential statements
               On and from the commencement day, this
               Act as in force immediately before the
               commencement day continues to apply in
               respect of a residential statement that is in
               effect immediately before the
               commencement day until the earlier of the
               following--
                 (a) the end of the period to which the
                     residential statement relates specified
                     under section 57(2)(a);
                (b) the day that is 12 months after the
                    commencement day.
         260 Regulations dealing with transitional
             matters
          (1) The Governor in Council may make
              regulations containing provisions of a
              transitional nature, including matters of an
              application or savings nature, arising as a
              result of the enactment of the Disability and
              Social Services Regulation Amendment
              Act 2023.




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          (2) Regulations made under this section may--
                 (a) have a retrospective effect to a day on
                     or from the date that the Disability and
                     Social Services Regulation
                     Amendment Act 2023 receives the
                     Royal Assent; and
                (b) differ according to difference in time,
                    place or circumstance; and
                 (c) be of limited or general application; and
                (d) leave any matter or thing to be decided
                    by a specified person or class of person;
                    and
                 (e) provide for the exemption of persons or
                     matters or a class of persons or matters
                     from any of the regulations made under
                     this section.
          (3) Regulations made under this section have
              effect despite anything to the contrary in any
              Act (other than this Act or the Charter of
              Human Rights and Responsibilities
              Act 2006) or in any subordinate instrument.
          (4) This section is repealed on the second
              anniversary of the day on which it comes
              into operation.'.




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Division 2--Further amendment of Disability
                Act 2006

     Subdivision 1--Residential tenancies
85 Definitions
     (1) In section 3(1) of the Disability Act 2006--
            (a) insert the following definition--
                 "SDA dwelling has the same meaning as in
                       section 498BA of the Residential
                       Tenancies Act 1997;";
           (b) for the definition of SDA provider
               substitute--
                "SDA provider has the same meaning as in
                    the Residential Tenancies Act 1997;";
            (c) in the definition of SDA residency
                agreement, for "SDA enrolled dwelling;"
                substitute "SDA dwelling;";
           (d) for the definition of SDA resident
               substitute--
                "SDA resident has the same meaning as in
                    the Residential Tenancies Act 1997;";
            (e) in the definition of short-term
                accommodation and assistance dwelling
                omit "and assistance".
     (2) In section 3(1) of the Disability Act 2006, the
         definitions of group home, NDIS dwelling, notice
         of intention to vacate, notice of temporary
         relocation, notice to vacate, SDA recipient and
         Supported Independent Living provider are
         repealed.




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86 Special powers of the Senior Practitioner
         In section 27(2)(ab) of the Disability Act 2006,
         for "NDIS dwelling" substitute "SDA dwelling, a
         short-term accommodation dwelling".
87 Functions of a community visitor in respect of NDIS
   dwellings
     (1) In the heading to section 30A of the Disability
         Act 2006, for "NDIS dwellings" substitute
         "SDA dwellings or short-term accommodation
         dwellings".
     (2) In section 30A(1) of the Disability Act 2006--
           (a) for "SDA enrolled dwelling"
               (wherever occurring) substitute
               "SDA dwelling";
          (b) in paragraphs (c), (d) and (g), after
              "made under the NDIS Act" insert
              "in relation to NDIS participants and DSOA
              clients".
     (3) In section 30A(2) of the Disability Act 2006, for
         "short-term accommodation and assistance
         dwelling" (wherever occurring) substitute
         "short-term accommodation dwelling".
     (4) In section 30A(3) and (4) of the Disability
         Act 2006, for "SDA enrolled dwelling"
         (wherever occurring) substitute "SDA dwelling".
88 Reports by community visitors
         In section 34(1) of the Disability Act 2006, for
         "or NDIS dwellings" substitute ", SDA dwellings
         or short-term accommodation dwellings".
89 Purpose and application of Part
         In section 56 of the Disability Act 2006, for
         "SDA enrolled dwellings" (where twice
         occurring) substitute "SDA dwellings".



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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
     (1) In the heading to section 129 of the Disability
         Act 2006, for "NDIS dwelling" substitute
         "SDA dwelling, short-term accommodation
         dwelling".
     (2) In section 129 of the Disability Act 2006, for
         "SDA enrolled dwelling" (wherever occurring)
         substitute "SDA dwelling".
     (3) In section 129(1B) and (5) of the Disability
         Act 2006, for "short-term accommodation and
         assistance dwelling" substitute "short-term
         accommodation dwelling".
92 Powers of inspection
     (1) In section 130(2)(a) of the Disability Act 2006,
         for "SDA enrolled dwelling" substitute
         "SDA dwelling".
     (2) In section 130(2)(b) of the Disability Act 2006,
         for "short-term accommodation and assistance
         dwelling" substitute "short-term accommodation
         dwelling".
     (3) In section 130(3)(d) of the Disability Act 2006,
         for "NDIS dwelling" substitute "SDA dwelling or
         short-term accommodation dwelling".
93 Request to see a community visitor--NDIS residents
   in NDIS dwelling
     (1) In the heading to section 131A of the Disability
         Act 2006, for "NDIS residents in NDIS
         dwelling" substitute "NDIS participants, DSOA
         clients or SDA residents in SDA dwelling or
         short-term accommodation dwelling".



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    (2) In section 131A(1) of the Disability Act 2006, for
        "NDIS resident" (wherever occurring) substitute
        "NDIS participant, DSOA client or SDA
        resident".
    (3) In section 131A(2) of the Disability Act 2006--
           (a) for "NDIS resident" (where twice occurring)
               substitute "NDIS participant, DSOA client
               or SDA resident";
          (b) for "SDA enrolled dwelling" substitute
              "SDA dwelling";
           (c) for "on the NDIS resident's behalf"
               substitute "on behalf of the NDIS
               participant, DSOA client or SDA resident".
    (4) In section 131A(7) of the Disability Act 2006--
           (a) in the definition of dwelling or support
               provider, for "NDIS resident" substitute
               "NDIS participant, DSOA client or SDA
               resident";
          (b) in paragraph (a) of the definition of dwelling
              or support provider--
                 (i) for "SDA enrolled dwelling" substitute
                     "SDA dwelling";
                (ii) in subparagraph (ii), for "a Supported
                     Independent Living provider"
                     substitute "the provider who provides
                     daily independent living supports at the
                     SDA dwelling";
           (c) in paragraph (b) of the definition of dwelling
               or support provider--
                 (i) for "short-term accommodation and
                     assistance dwelling" substitute
                     "short-term accommodation dwelling";
                (ii) for "provider;" substitute "provider.";



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          (d) the definition of NDIS resident is repealed.
94 Record of visits
     (1) In section 132(2) of the Disability Act 2006, for
         "SDA enrolled dwelling or a short-term
         accommodation and assistance dwelling"
         substitute "SDA dwelling or a short-term
         accommodation dwelling".
     (2) In section 132(3) of the Disability Act 2006--
           (a) in the definition of dwelling or support
               provider, for "NDIS resident" substitute
               "NDIS participant, DSOA client or SDA
               resident";
          (b) in paragraph (a) of the definition of dwelling
              or support provider--
                 (i) for "SDA enrolled dwelling" substitute
                     "SDA dwelling";
                (ii) in subparagraph (ii), for "a Supported
                     Independent Living provider"
                     substitute "the provider who provides
                     daily independent living supports at the
                     SDA dwelling";
           (c) in paragraph (b) of the definition of dwelling
               or support provider--
                 (i) for "short-term accommodation and
                     assistance dwelling" substitute
                     "short-term accommodation dwelling";
                (ii) for "provider;" substitute "provider.";
          (d) the definition of NDIS resident is repealed.
95 Application for supervised treatment order
         In section 191(1)(b)(ii) of the Disability
         Act 2006, for "SDA enrolled dwelling" substitute
         "SDA dwelling".




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96 Regulations
         In section 221(1)(fc) of the Disability Act 2006,
         for "SDA enrolled dwellings;" substitute
         "SDA dwellings;".
97 New Division 7 of Part 10 inserted
         After Division 6 of Part 10 of the Disability
         Act 2006 insert--

          "Division 7--Transitional provisions--
              Disability and Social Services
           Regulation Amendment Act 2023--
                   Residential tenancies
         264 Definition
               In this Division--
               commencement day means the day on which
                   Division 2 of Part 2 of the Disability
                   and Social Services Regulation
                   Amendment Act 2023 comes into
                   operation.
         265 Supervised treatment orders and interim
             supervised treatment orders
          (1) This section applies to a person if,
              immediately before the commencement
              day--
                 (a) the person is subject to a supervised
                     treatment order or an interim
                     supervised treatment order; and
                (b) the person resides in a residential
                    service that is a group home or an SDA
                    enrolled dwelling.




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          (2) On and from the commencement day--
                 (a) the supervised treatment order or
                     interim supervised treatment order is
                     taken to comply with section 193(3)(b);
                     and
                (b) the disability service provider or
                    registered NDIS provider that
                    appointed the Authorised Program
                    Officer who is specified in the order or,
                    in the case of an interim supervised
                    treatment order, who applied for the
                    order is taken to be the primary service
                    provider for the person subject to the
                    order.
         266 Pending applications
          (1) This section applies if, immediately before
              the commencement day--
                 (a) an application for a supervised
                     treatment order or an interim
                     supervised treatment order is before
                     VCAT; and
                (b) the person in respect of whom the
                    application is made resides in a
                    residential service that is a group home
                    or an SDA enrolled dwelling.
          (2) On and from the commencement day--
                 (a) the application is taken to be an
                     application made in accordance with
                     section 191; and
                (b) the disability service provider or
                    registered NDIS provider that
                    appointed the Authorised Program
                    Officer who applied for the order is
                    taken to be the primary service provider



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                     for the person in respect of whom the
                     application is made.
          (3) On and from the commencement day, for the
              purposes of the application, a certificate
              given by the Senior Practitioner under
              section 191(3) as in force immediately
              before the day on which Division 1 of Part 2
              of the Disability and Social Services
              Regulation Amendment Act 2023 comes
              into operation--
                 (a) is taken to be a certificate under
                     section 191A(1); and
                (b) is taken to relate to accommodation of a
                    type specified in section 191(1)(b).
         267 Assessment orders
          (1) This section applies if, immediately before
              the commencement day, an assessment order
              is in force in respect of a person who resides
              in a residential service that is a group home
              or an SDA enrolled dwelling.
          (2) On and from the commencement day--
                 (a) the assessment order is taken to enable
                     the person in respect of whom the order
                     is made to be detained in an SDA
                     dwelling to enable a treatment plan to
                     be prepared for that person; and
                (b) the disability service provider or
                    registered NDIS provider that
                    appointed the Authorised Program
                    Officer who applied for the assessment
                    order is taken to be the primary service
                    provider for the person in respect of
                    whom the order is made.




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          (3) An assessment order made in respect of a
              person before the commencement day
              continues in force until the order expires or
              is revoked.
         268 Savings provisions--Division 2 of Part 5
          (1) Despite the repeal of Division 2 of Part 5 by
              the Disability and Social Services
              Regulation Amendment Act 2023, that
              Division as in force immediately before that
              repeal continues to apply to a notice,
              possession order or warrant of possession
              specified in subsection (2) that was given or
              obtained before the commencement day.
          (2) For the purposes of subsection (1), the
              following are specified--
                 (a) a notice of increase given under
                     section 66;
                (b) a notice of temporary relocation given
                    under section 74;
                 (c) a notice to vacate given under
                     section 76;
                (d) a notice of intention to vacate given
                    under section 80;
                 (e) a notice of withdrawal given under
                     section 81;
                 (f) a possession order made under
                     section 84;
                (g) a warrant of possession issued under
                    section 85.".




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Subdivision 2--Secretary's powers and functions
 98 Role and functions of the Secretary
           In section 8(2) of the Disability Act 2006--
             (a) in paragraphs (c) and (d), after "services"
                 insert "provided by the Secretary, contracted
                 service providers and funded service
                 providers";
            (b) in paragraph (e), after "services" insert
                "provided by the Secretary, contracted
                service providers and funded service
                providers";
             (c) in paragraphs (f) and (g), after "services"
                 insert "provided by the Secretary, contracted
                 service providers and funded service
                 providers".
 99 Power of Secretary to give directions
           In section 99(1) of the Disability Act 2006, after
           "provider" insert "that is a contracted service
           provider or a funded service provider".
100 Further powers of Secretary
           In section 100(1) of the Disability Act 2006, after
           "provider" insert "that is a contracted service
           provider or a funded service provider".
101 Special powers of Secretary
           In section 206(1), (2), (3), (4) and (5) of the
           Disability Act 2006, after "provider" insert
           "that is a contracted service provider or a funded
           service provider".




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102 Powers of authorised officers
      (1) Before section 210(1) of the Disability Act 2006
          insert--
       "(1AA) This section applies in respect of a disability
              service provider that is a contracted service
              provider or a funded service provider.".
      (2) In section 210(1) of the Disability Act 2006, for
          "he or she" substitute "the authorised officer".

      Subdivision 3--Information sharing
103 Information systems and disclosure, use and
    transfer of information
      (1) In the heading to section 39 of the Disability
          Act 2006 omit "and disclosure, use and transfer
          of information".
      (2) Section 39(2), (3), (3A), (4), (5), (6), (7), (8)
          and (9) of the Disability Act 2006 are repealed.
104 Section 39A repealed
           Section 39A of the Disability Act 2006 is
           repealed.
105 New Part 8A inserted
           After Part 8 of the Disability Act 2006 insert--

              "Part 8A--Use and disclosure of
                       information
       202AA Definitions
                 In this Part--
                 protected information means information
                      that is gained by or given to a relevant
                      person in their official capacity and
                      identifies, or is likely to lead to the
                      identification of, a person to whom the



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                     information relates and is either
                     obtained--
                      (a) during the course of providing
                          disability services to the person;
                          or
                      (b) by a relevant person using
                          restrictive practices or
                          implementing supervised
                          treatment on the person;
               relevant person means any of the
                    following--
                      (a) a person who is or has been
                          appointed to any office under this
                          Act or employed or engaged under
                          this Act;
                      (b) a disability service provider;
                      (c) a former disability service
                          provider;
                      (d) a person who is, or has been,
                          employed or engaged by a
                          disability service provider or
                          former disability service provider;
                      (e) a person who otherwise provides,
                          or has provided, services under
                          this Act;
                       (f) a person who is or has been a
                           member of staff of the public
                           service for the purposes of this
                           Act;
                      (g) the Senior Practitioner;
                      (h) a registered NDIS provider that
                          uses restrictive practices or
                          implements supervised treatment
                          orders;


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                       (i) a former NDIS provider that used
                           restrictive practices or
                           implemented supervised treatment
                           orders;
                       (j) a person who is, or has been,
                           employed or engaged by a
                           registered NDIS provider
                           specified in paragraph (h);
                      (k) a person who is, or has been,
                          employed or engaged by a former
                          NDIS provider specified in
                          paragraph (i).
     202AB Disclosure, use or transfer of protected
           information
          (1) A relevant person must not disclose, use or
              transfer protected information disclosed to
              the relevant person unless the disclosure, use
              or transfer is--
                 (a) made in the performance of a function
                     or exercise of a power under this Act or
                     any other Act including any
                     Commonwealth Act; or
                (b) required or permitted by or under this
                    Act or any other Act including any
                    Commonwealth Act.
               Penalty: 20 penalty units.
          (2) A relevant person may disclose protected
              information to the following--
                 (a) the Secretary to the department for
                     which the Minister administering the
                     Financial Framework (Supplementary
                     Powers) Act 1997 of the
                     Commonwealth is responsible;




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                (b) the Secretary to the department for
                    which the Minister administering the
                    Commonwealth Disability Support for
                    Older Australians program or a
                    prescribed program is responsible;
                 (c) the Secretary for the purposes of
                     enabling the Secretary to perform the
                     functions conferred, and meet the
                     obligations imposed, on the Secretary
                     under this Act or any other Act
                     including any Commonwealth Act;
                (d) a supportive attorney under a
                    supportive attorney appointment, within
                    the meaning of the Powers of Attorney
                    Act 2014, to the extent that is necessary
                    to enable the supportive attorney to
                    carry out the role of supportive
                    attorney;
                 (e) a medical treatment decision maker
                     within the meaning of the Medical
                     Treatment Planning and Decisions
                     Act 2016, to the extent that is necessary
                     to enable the medical treatment
                     decision maker to make medical
                     treatment decisions on behalf of the
                     person to whom the information relates;
                 (f) a support person within the meaning of
                     the Medical Treatment Planning and
                     Decisions Act 2016, to the extent that
                     is necessary to enable the support
                     person to carry out the functions of a
                     support person under that Act;




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                (g) a supportive administrator acting under
                    a supportive administration order
                    within the meaning of the
                    Guardianship and Administration
                    Act 2019;
                (h) a supportive guardian acting under a
                    supportive guardianship order within
                    the meaning of the Guardianship and
                    Administration Act 2019;
                 (i) an emergency service provider if the
                     disclosure is reasonably required for the
                     emergency service provider to carry out
                     a function under any Act in relation to
                     the person to whom the information
                     relates;
                 (j) another relevant person, if the
                     disclosure is reasonably required in
                     connection with the provision by that
                     person or body of services under this
                     Act or the NDIS Act to the person to
                     whom the information relates including
                     for the purposes of--
                       (i) assessing, developing or
                           implementing a treatment plan,
                           behaviour support plan or NDIS
                           behaviour support plan; or
                      (ii) implementing, monitoring and
                           supervising a supervised treatment
                           order;
                (k) any person or body (including a family
                    member or carer of the person to whom
                    the information relates), to the extent
                    that is necessary in connection with the
                    provision of care, treatment or support
                    to the person to whom the information
                    relates if the person is unable to consent



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                     to the disclosure and without the
                     disclosure the person may, in the
                     opinion of the discloser, suffer
                     detriment.
          (3) A relevant person may disclose protected
              information--
                 (a) to the extent that is reasonably required
                     in connection with the performance of a
                     duty or the exercise of a power or
                     function under this Act or any other Act
                     including--
                       (i) for the purposes of developing or
                           maintaining and improving the
                           information systems required to be
                           maintained under section 39; or
                      (ii) for the purposes of planning,
                           managing, monitoring, evaluating
                           and improving the provision of
                           disability services, the use of
                           restrictive practices and
                           implementing, monitoring and
                           supervising supervised treatment
                           orders and which is of a statistical
                           nature; or
                (b) with the consent of the person to whom
                    the information relates or of that
                    person's guardian or of that person's
                    next-of-kin if that person is dead; or
                 (c) for the purposes of obtaining or seeking
                     legal advice; or
                (d) if the disclosure is authorised or
                    required by any other Act or law; or




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                 (e) if the disclosure is reasonably necessary
                     to lessen or prevent--
                       (i) a serious threat to a person's life,
                           health, safety or wellbeing; or
                      (ii) a serious threat to public health,
                           public safety or public wellbeing.
          (4) If it is reasonably necessary for a purpose
              specified in subsection (5), a relevant person
              may disclose protected information to the
              following persons or bodies--
                 (a) the Senior Practitioner;
                (b) the Commission for Children and
                    Young People;
                 (c) the Public Advocate;
                (d) the Transport Accident Commission
                    within the meaning of the Transport
                    Accident Act 1986;
                 (e) the Victorian WorkCover Authority;
                 (f) the Disability Worker Registration
                     Board;
                (g) the Victorian Disability Worker
                    Commission;
                (h) the Victorian Disability Worker
                    Commissioner;
                 (i) an NDIS worker screening unit within
                     the meaning of the Worker Screening
                     Act 2020;
                 (j) the NDIA;
                (k) the NDIS Quality and Safeguards
                    Commission;




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                 (l) the Secretary within the meaning of the
                     Worker Screening Act 2020, for the
                     purposes of performing functions in
                     relation to screening checks under that
                     Act;
                (m) the Disability Services Commissioner;
                (n) Victoria Police;
                (o) the Chief Commissioner of Police
                    within the meaning of the Victoria
                    Police Act 2013;
                (p) a coroner within the meaning of the
                    Coroners Act 2008;
                (q) the Ombudsman;
                 (r) the IBAC;
                 (s) a prescribed person or body.
          (5) For the purposes of subsection (4), the
              following purposes are specified--
                 (a) the performance of a function or the
                     exercise of a power under this Act, the
                     Social Services Regulation Act 2021
                     or the NDIS Act by a relevant person;
                (b) the performance of a function or the
                    exercise of a power under this or any
                    other Act by a person or body set out in
                    subsection (4).
          (6) In this section--
               emergency service provider means--
                      (a) Ambulance Service--Victoria
                          within the meaning of the
                          Ambulance Services Act 1986;
                          and
                      (b) a prescribed entity or prescribed
                          class of entity.


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     202AC Use, transfer or disclosure of information
           relating to disability services or disability
           service providers
          (1) Despite anything to the contrary in
              section 202AB(1), any person or body is
              authorised, for any purpose for or with
              respect to the NDIS or its implementation, to
              use the following information or to transfer
              or disclose that information to the NDIA, the
              NDIS Quality and Safeguards Commission,
              an NDIS provider or any prescribed person
              or body or any person or body of a
              prescribed class of person or body--
                 (a) information about--
                       (i) disability services, regulated
                           disability services or any
                           prescribed services;
                      (ii) services provided by persons or
                           bodies that are former disability
                           service providers, former
                           regulated service providers or
                           providers that have ceased
                           providing prescribed services;
                (b) information about the provision of
                    disability services or regulated
                    disability services, including
                    information about the services any
                    person requires, the carer of a person or
                    any support structure of a person;
                 (c) information about any persons who are
                     or were employed or engaged for the
                     purpose of providing disability services
                     or regulated disability services or
                     services under the NDIS;




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                (d) information about persons who
                    received or are receiving disability
                    services, regulated disability services or
                    services under an NDIS plan;
                 (e) information about current and former
                     disability service providers, regulated
                     service providers or NDIS providers;
                 (f) information about compliance by
                     current and former disability service
                     providers with the relevant standards
                     determined by the Minister under
                     section 97;
                (g) information about incidents reported to
                    the Secretary arising from the provision
                    of disability services or regulated
                    disability services;
                (h) information about complaints relating
                    to disability services or regulated
                    disability services;
                 (i) information about the use of restrictive
                     practices or compulsory treatment.
          (2) A person or body to whom information is
              disclosed under subsection (1) is authorised
              to use or transfer that information for any
              purpose for or with respect to the NDIS or
              the implementation of the NDIS.
          (3) A person or body to whom information is
              disclosed under subsection (1) must not use,
              disclose or transfer that information unless--
                 (a) the person or body does so for the
                     purpose for which the information has
                     been disclosed to the person or body; or




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                (b) the person or body is authorised by or
                    under an Act or other law to do so.
               Penalty: 20 penalty units.
     202AD Disclosure of information about worker
           screening
          (1) The Secretary is authorised to transfer or
              disclose any information about worker
              screening to the following in relation to a
              person who provided, provides, or seeks to
              provide, disability services or services in
              accordance with an NDIS plan--
                 (a) the NDIS Quality and Safeguards
                     Commission;
                (b) the Disability Worker Registration
                    Board;
                 (c) the Victorian Disability Worker
                     Commission;
                (d) the Victorian Disability Worker
                    Commissioner;
                 (e) the Secretary within the meaning of the
                     Worker Screening Act 2020, for the
                     purposes of performing functions in
                     relation to screening checks under that
                     Act;
                 (f) an NDIS worker screening unit within
                     the meaning of the Worker Screening
                     Act 2020;
                (g) the relevant disability service provider;
                (h) the relevant registered NDIS provider.




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          (2) The Secretary may transfer or disclose
              information about worker screening to an
              entity referred to in subsection (1) at the
              Secretary's own initiative or on request of the
              entity.
          (3) For the purposes of this section--
               information about worker screening means
                    one or more of the following--
                      (a) whether or not the person is the
                          subject of a prohibition order in
                          relation to health services or
                          disability services or other
                          services involving the care of
                          children that is made under
                          another Act;
                      (b) whether or not the Secretary has
                          information relating to the
                          person's suitability to provide
                          disability services to persons with
                          a disability or services under the
                          NDIS to NDIS participants or
                          DSOA clients and, if so, that
                          information which includes but is
                          not limited to the following--
                             (i) whether or not a person has
                                 been assessed as posing an
                                 unacceptable risk to persons
                                 with a disability, NDIS
                                 participants or DSOA
                                 clients;
                            (ii) whether or not a notification
                                 or complaint has been made
                                 about the person that is
                                 relevant to the person's
                                 suitability to provide
                                 disability services to persons



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                                  with a disability or services
                                  under the NDIS to NDIS
                                  participants or DSOA
                                  clients;
                            (iii) details of any notification or
                                  complaint or investigation
                                  made into a notification or
                                  complaint referred to in
                                  subparagraph (ii);
                            (iv) whether or not the person has
                                 been screened in relation to
                                 the person's suitability to
                                 provide disability services to
                                 persons with a disability or
                                 services under the NDIS to
                                 NDIS participants or DSOA
                                 clients.
      202AE Application of Part
           (1) Sections 202AB, 202AC and 202AD have
               effect despite any other Act or law, other
               than the Charter of Human Rights and
               Responsibilities Act 2006.
           (2) To avoid doubt, this Part does not affect a
               relevant person's obligations in relation to
               the disclosure, use and transfer of
               information under the NDIS Act.".
106 Regulations
          After section 221(1)(fc) of the Disability
          Act 2006 insert--
         "(fd) prescribing persons and bodies to which
               protected information may be disclosed
               under section 202AB(4) or 202AC(1),
               including persons or bodies established, or
               performing functions or exercising powers,




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                 under the law of another State, a Territory or
                 the Commonwealth;".
107 New section 261 inserted
           After section 260 of the Disability Act 2006
           insert--
          "261 Disability and Social Services Regulation
               Amendment Act 2023--use and disclosure
               of information
                 On and from the day Subdivision 3 of
                 Division 2 of Part 2 of the Disability and
                 Social Services Regulation Amendment
                 Act 2023 comes into operation, Part 8A
                 applies to any protected information
                 collected before that day that is disclosed,
                 used or transferred after that day.".




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Part 3--Further amendment of Disability
              Act 2006
108 Definitions
           In section 3(1) of the Disability Act 2006 insert
           the following definition--
           "forensic disability service provider means a
                disability service provider that is prescribed
                to operate a residential treatment facility;".
109 Disability service provider must provide
    information
           For section 89(3) of the Disability Act 2006
           substitute--
           "(3) If a person using disability services is a
                resident in a residential service, a disability
                service provider is not required to provide
                information under this section if the
                information required by this section is
                included--
                   (a) in the residential statement required
                       under section 57; or
                   (b) in the information provided to the
                       person under section 152A.".
110 Proclamation of residential treatment facility
      (1) In section 151(1)(a) and (b) of the Disability
          Act 2006, after "Secretary" insert "or a forensic
          disability service provider".
      (2) At the foot of section 151(1) of the Disability
          Act 2006 insert--
           "Note
           Residential treatment facilities are no longer classified as
           short-term residential treatment facilities or long-term
           residential treatment facilities--see section 262.".




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    (3) Section 151(2) of the Disability Act 2006 is
        repealed.
    (4) In section 151(4) of the Disability Act 2006--
           (a) after "(5)" insert "and section 152B";
          (b) for "a short-term residential treatment
              facility" substitute "one or more residential
              treatment facilities".
    (5) In section 151(5) of the Disability Act 2006 omit
        "short-term".
    (6) Section 151(6) of the Disability Act 2006 is
        repealed.
    (7) In section 151(7) of the Disability Act 2006, for
        "by the Secretary through the Department."
        substitute--
         "by--
           (a) the Secretary through the Department; or
          (b) a forensic disability service provider.".
    (8) In section 151(8) of the Disability Act 2006, for
        "in respect of each residential treatment facility"
        substitute "under Part 6A in respect of each
        residential treatment facility operated by the
        Secretary".
    (9) After section 151(8) of the Disability Act 2006
        insert--
         "(9) A forensic disability service provider must
              appoint an Authorised Program Officer
              under Part 6A in respect of each residential
              treatment facility operated by the forensic
              disability service provider.".




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111 Admission to a residential treatment facility
      (1) In section 152(1) of the Disability Act 2006--
             (a) in paragraph (d), after "that person" insert
                 "having regard to the person's willingness to
                 engage in and benefit from the treatment";
            (b) for paragraph (e) substitute--
                 "(e) the person is able to engage in the
                      therapeutic environment at the
                      residential treatment facility; and";
             (c) for paragraph (f) substitute--
                  "(f) the admission of the person to the
                       residential treatment facility is
                       appropriate having regard to--
                         (i) the level of vulnerability of the
                             person; and
                        (ii) any risks the person presents to
                             other residents of the residential
                             treatment facility; and
                       (iii) the compatibility of the person
                             with other residents of the
                             residential treatment facility.".
      (2) After section 152(1) of the Disability Act 2006
          insert--
         "(1A) For the purpose of making a decision under
               this section, the Secretary must arrange for
               the person to undergo an assessment.
          (1B) A person must not be admitted to a
               residential treatment facility unless--
                   (a) the Secretary has consulted and
                       considered any advice of the Senior
                       Practitioner about the suitability of the
                       treatment to be provided to the person
                       at the residential treatment facility; and


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                (b) an order specified in subsection (2)
                    applies to the person enabling
                    compulsory treatment to be provided.".
    (3) In section 152(2) of the Disability Act 2006--
           (a) for "subsection (1)(f)" substitute
               "subsection (1B)(b)";
          (b) paragraph (e) is repealed.
    (4) In section 152(3) of the Disability Act 2006--
           (a) omit ", (2)(e)";
          (b) in paragraph (b), for "(1)(e)" substitute
              "(1)(f)";
           (c) in paragraph (c), for "circumstances."
               substitute "circumstances; and";
          (d) after paragraph (c) insert--
               "(d) the Senior Practitioner has been
                    consulted in relation to the proposed
                    admission.".
    (5) Section 152(4)(ab) of the Disability Act 2006 is
        repealed.
    (6) After section 152(4) of the Disability Act 2006
        insert--
         "(5) Subject to subsections (6) and (7), if the
              Authorised Program Officer notifies the
              Secretary, or the Secretary otherwise
              becomes aware, that the matters in
              subsection (1) or an order specified in
              subsection (2) may no longer apply to a
              person residing at a residential treatment
              facility, the Secretary must not allow the
              person to continue to reside at a residential
              treatment facility unless the Secretary is
              satisfied--
                 (a) of the matters in subsection (1); and


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                (b) that an order specified in subsection (2)
                    continues to apply to the person.
          (6) The Secretary may allow a person who is
              subject to an order specified in subsection (2)
              to continue to reside at a residential
              treatment facility for up to 3 months after the
              Secretary ceases to be satisfied of a matter in
              subsection (1).
          (7) The Secretary, after consulting and
              considering any advice of the Senior
              Practitioner, may allow a person who is
              subject to an order specified in subsection
              (2)(c) requiring the person to be detained at a
              residential treatment facility to reside at that
              facility until the order is varied or revoked.
          (8) The Secretary must notify the person, body
              or court that made the order specified in
              subsection (2) in relation to the person if the
              Secretary allows the person to continue to
              reside at a residential treatment facility under
              subsection (6).
          (9) In this section--
               admission, in relation to a residential
                   treatment facility, includes--
                      (a) the readmission of a person to a
                          residential treatment facility if an
                          existing or a new order specified
                          in subsection (2) applies to the
                          person enabling compulsory
                          treatment to be provided; and
                      (b) any period during which the
                          Secretary extends the person's
                          admission to a residential
                          treatment facility under
                          section 152B--



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                      but does not include a period during
                      which the Secretary allows the person
                      to continue to reside in the residential
                      treatment facility under subsection (6)
                      or (7).".
112 New section 152A inserted
          After section 152 of the Disability Act 2006
          insert--
       "152A Information to be provided to resident
           (1) The Secretary or forensic disability service
               provider (as the case requires), at the time a
               person is being admitted to the residential
               treatment facility, must provide the person
               with relevant written information about the
               services to be provided to the person.
           (2) For the purposes of subsection (1), relevant
               information includes--
                  (a) the disability services being provided to
                      the person and any associated costs;
                      and
                 (b) the conditions of an order specified in
                     section 152(2) or a direction requiring
                     the person to reside at the residential
                     treatment facility; and
                  (c) any security conditions imposed under
                      section 159(1) that will apply at the
                      residential treatment facility; and
                 (d) the procedures for making a complaint
                     to the disability service provider and to
                     the Disability Services Commissioner;
                     and
                  (e) the rights, entitlements and obligations
                      of the person under this Act; and




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                 (f) the person's right to see a community
                     visitor; and
                (g) that the person may seek the support of
                    an advocate to address concerns with
                    any order or direction requiring the
                    person to reside at the residential
                    treatment facility, and may request the
                    assistance of the Secretary or the
                    forensic disability service provider
                    (as the case requires) to contact the
                    advocate; and
                (h) the person's treatment plan; and
                 (i) the person's right to a review of the
                     person's treatment plan, including the
                     annual review of the treatment plan by
                     VCAT; and
                 (j) information about applications for leave
                     under this Act or any other Act; and
                (k) that the person may be apprehended
                    under section 160 if the person is
                    absent from the facility without leave of
                    absence or special leave of absence;
                    and
                 (l) any information which the Secretary or
                     the Senior Practitioner requires to be
                     provided; and
                (m) any other relevant information.
          (3) The Secretary or forensic disability service
              provider (as the case requires) must provide
              the person with details of any material
              update to the relevant written information
              described in subsection (2)(c) and (h).
          (4) The Secretary or forensic service provider
              (as the case requires) must explain any
              information or details provided to the person


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                under this section in accordance with
                section 7.".
113 New section 152B inserted
          Before section 153 of the Disability Act 2006
          insert--
       "152B Secretary may extend admission to
             residential treatment facility
           (1) The Secretary may extend a person's
               admission to a residential treatment facility
               for further periods not exceeding 12 months
               at a time if satisfied that--
                  (a) the person continues to meet the
                      admission criteria under section 152;
                      and
                 (b) the person would benefit from further
                     treatment at the residential treatment
                     facility; and
                  (c) the treatment being provided at the
                      residential treatment facility continues
                      to be appropriate for the person; and
                 (d) the further treatment is likely to result
                     in a reduction to any risk of violence
                     the person presents to another person.
           (2) For the purpose of making a decision under
               this section, the Secretary must arrange for
               the person to undergo an assessment.
           (3) The Secretary must not extend a person's
               admission to a residential treatment facility
               under this section unless--
                  (a) the Secretary has consulted the Senior
                      Practitioner in relation to the proposed
                      admission; and




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                  (b) if the Senior Practitioner has provided
                      advice to the Secretary about whether
                      the treatment provided at the residential
                      treatment facility continues to be
                      suitable for the person, the Secretary
                      has considered that advice.
            (4) The Secretary, in considering whether to
                extend a person's admission to a residential
                treatment facility under this section, may
                have regard to operational demands.
            (5) An extension under subsection (1) must not
                exceed the period of the order specified in
                section 152(2) or any period specified in a
                direction given under that order.".
114 Authorised Program Officer must prepare
    treatment plan
      (1) In section 153(1) of the Disability Act 2006 omit
          ", 152(2)(d), 152(2)(e)".
      (2) After section 153(3)(a) of the Disability Act 2006
          insert--
         "(aab) explain the treatment plan to the person with
                a disability in accordance with section 7;
                and".
115 Annual review of treatment plan
           In section 154(1) and (5) of the Disability
           Act 2006 omit ", 152(2)(e)".
116 Application for review of treatment plan
           In section 155(5) of the Disability Act 2006 omit
           ", 152(2)(e)".
117 Leave of absence
      (1) In section 156(1) of the Disability Act 2006 omit
          ", 152(2)(e)".




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      (2) After section 156(4) of the Disability Act 2006
          insert--
         "(4A) If the residential treatment facility is
               operated by a forensic disability service
               provider, the Authorised Program Officer
               must obtain the approval of the Secretary
               before allowing a resident leave of absence,
               extending the period of leave of absence or
               revoking a leave of absence under this
               section.
          (4B) The Secretary may, on the application of the
               resident, review a decision of the Authorised
               Program Officer under this section to--
                   (a) refuse to grant a leave of absence; or
                  (b) refuse to extend a leave of absence; or
                   (c) revoke a leave of absence.".
118 Special leave
      (1) In section 157(1) of the Disability Act 2006 omit
          ", 152(2)(e)".
      (2) In section 157(2) of the Disability Act 2006, for
          "The" substitute "Subject to subsection (2A),
          the".
      (3) After section 157(2) of the Disability Act 2006
          insert--
         "(2A) If the residential treatment facility is
               operated by a forensic disability service
               provider, the Authorised Program Officer
               must obtain the approval of the Secretary
               before granting an application for special
               leave of absence under this section.".




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      (4) After section 157(3) of the Disability Act 2006
          insert--
         "(3A) The Secretary may, on the application of the
               resident, review a decision of the Authorised
               Program Officer under this section to refuse
               to grant an application for special leave of
               absence.
          (3B) The resident may apply to VCAT for a
               review of--
                   (a) a refusal by the Secretary under
                       subsection (2A) to approve a decision
                       of the Authorised Program Officer to
                       grant an application for special leave of
                       absence; or
                  (b) a decision of the Secretary under
                      subsection (3A) to affirm a decision of
                      the Authorised Program Officer to
                      refuse to grant an application for
                      special leave of absence.".
      (5) In section 157(4) of the Disability Act 2006, after
          "subsection (3)" insert "or (3B)".
119 Suspension of leave of absence or special leave
      (1) In section 158(1) of the Disability Act 2006, for
          "Leave" substitute "Subject to subsection (3A),
          leave".
      (2) In section 158(3) of the Disability Act 2006, for
          "If" substitute "Subject to subsection (3A), if".
      (3) After section 158(3) of the Disability Act 2006
          insert--
         "(3A) If the residential treatment facility is
               operated by a forensic disability service
               provider, the Authorised Program Officer
               must obtain the approval of the Secretary
               before suspending, or lifting the suspension



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                 of, a leave of absence or special leave of
                 absence under this section.".
120 Security conditions
           For section 159(3) of the Disability Act 2006
           substitute--
           "(3) A resident detained in a residential treatment
                facility is in the custody of the Secretary
                until the order under which the resident is
                detained ceases or is terminated, unless the
                order or an enactment otherwise provides.".
121 Apprehension of resident absent without leave
           For section 160(b) of the Disability Act 2006
           substitute--
           "(b) the person in charge of the residential
                treatment facility; or
            (c) a person employed under the Public
                Administration Act 2004 who is authorised
                by the Secretary; or
            (d) a person of a prescribed class who is
                authorised by the Secretary--".
122 Extended leave
      (1) For section 162(3)(b) of the Disability Act 2006
          substitute--
           "(b) with the approval of the Secretary, by the
                Authorised Program Officer.".
      (2) For section 162(4) of the Disability Act 2006
          substitute--
           "(4) An application under subsection (3) must
                include a leave plan prepared by the
                Authorised Program Officer.".




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123 Appeals regarding extended leave
           In section 163(2) of the Disability Act 2006--
             (a) for "The Secretary" substitute
                 "The Authorised Program Officer, with the
                 approval of the Secretary,";
            (b) for "he or she" substitute "the Authorised
                Program Officer".
124 Suspension and revocation of extended leave
      (1) In section 164(1) of the Disability Act 2006, for
          "Secretary if the Secretary" substitute
          "Authorised Program Officer, with the approval of
          the Secretary, if the Authorised Program Officer".
      (2) In section 164(2) of the Disability Act 2006, for
          "Secretary" substitute "Authorised Program
          Officer".
      (3) For section 164(5) of the Disability Act 2006
          substitute--
           "(5) If the Authorised Program Officer is satisfied
                that the reason for the suspension no longer
                exists and the Secretary approves lifting the
                suspension, the Authorised Program Officer
                must lift the suspension immediately.".
125 Appeals regarding revocation of extended leave
           In section 165(2) of the Disability Act 2006--
             (a) for "Secretary may" substitute
                 "Authorised Program Officer, with the
                 approval of the Secretary, may";
            (b) for "Secretary considers" substitute
                "Authorised Program Officer considers".




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126 Preparation of treatment plan
      (1) In section 167(2) of the Disability Act 2006--
             (a) for "Authorised Program Officer" substitute
                 "Secretary";
            (b) after paragraph (a) insert--
               "(aab) explain the treatment plan to the person
                      with a disability in accordance with
                      section 7; and".
      (2) In section 167(3) of the Disability Act 2006, for
          "An Authorised" substitute "The Authorised".
127 Annual review of security order and treatment plan
           In section 168(1) and (3)(c) of the Disability
           Act 2006, for "Authorised Program Officer"
           substitute "Secretary".
128 Application for review of treatment plan
           In section 169(1) and (3)(c) of the Disability
           Act 2006, for "Authorised Program Officer"
           substitute "Secretary".
129 Death of security resident
           In section 176 of the Disability Act 2006, for
           "advise the Secretary to the Department of Justice
           and Community Safety as to the circumstances in
           which the death occurred." substitute--
           "advise the following persons of the
           circumstances in which the death occurred--
             (a) the Secretary to the Department of Justice
                 and Community Safety;
            (b) if the residential treatment facility is
                operated by a forensic disability service
                provider, the Secretary.".




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130 Regulations
           After section 221(1)(fd) of the Disability
           Act 2006 insert--
          "(fe) prescribing a disability service provider to be
                a forensic disability service provider;
           (ff) prescribing classes of persons who may
                apprehend a resident who is absent from a
                residential treatment facility without leave;".
131 New sections 262 and 263 inserted
           After section 261 of the Disability Act 2006
           insert--
          "262 Residential treatment facilities
            (1) If immediately before the day on which
                Part 3 of the Disability and Social Services
                Regulation Amendment Act 2023 comes
                into operation a residential treatment facility
                is classified as a short-term residential
                treatment facility or a long-term residential
                treatment facility, on and from that day the
                facility is taken to be a residential treatment
                facility without further classification.
            (2) The facility operated by the Secretary
                immediately before the day on which Part 3
                of the Disability and Social Services
                Regulation Amendment Act 2023 comes
                into operation known as the Intensive
                Residential Treatment Program of the
                Statewide Forensic Service is taken, on and
                from that day, to be a residential treatment
                facility without further classification.




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         263 Secretary must assess existing long-term
             residents in residential treatment facilities
          (1) If a person has been admitted to a residential
              treatment facility for a period of 5 or more
              years as at the day on which Part 3 of the
              Disability and Social Services Regulation
              Amendment Act 2023 comes into operation,
              the Secretary, within 12 months of that day,
              must assess the person's circumstances to
              determine whether the person continues to
              meet the criteria under section 152(1)
              (as amended by Part 3 of the Disability and
              Social Services Regulation Amendment
              Act 2023 ) for admission to the facility.
          (2) If the Secretary determines under
              subsection (1) that the person does not meet
              the relevant criteria, the Secretary may, if the
              person is subject to an order specified in
              section 152(2), allow the person to continue
              to reside at the residential treatment
              facility--
                 (a) for a period of up to 6 months from the
                     day of the determination; or
                (b) if the person is subject to a custodial
                    supervision order made under
                    section 26 of the Crimes
                    (Mental Impairment and Unfitness to
                    be Tried) Act 1997 requiring the
                    person to be detained at the facility,
                    until the order is varied.
          (3) If the Secretary allows the person to continue
              to reside at the residential treatment facility
              under subsection (2), the Secretary must
              notify the person, body or court who made
              the order requiring the person to reside at the
              facility of that matter.".



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Part 4--Amendment of Disability Service Safeguards Act 2018 and
             Residential Tenancies Act 1997

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
      (1) For section 151(3)(c) of the Disability Service
          Safeguards Act 2018 substitute--
           "(c) to disclose--
                   (i) the applicant's criminal history; or
                  (ii) if the applicant has a current NDIS
                       clearance, the status and details of the
                       applicant's NDIS clearance; and".
      (2) For section 151(3)(d) of the Disability Service
          Safeguards Act 2018 substitute--
           "(d) to authorise the Board to obtain--
                   (i) the applicant's criminal history; or
                  (ii) if the applicant has a current NDIS
                       clearance, the status and details of the
                       applicant's NDIS clearance.".
133 Section 152 substituted
           For section 152 of the Disability Service
           Safeguards Act 2018 substitute--
          "152 Board must check applicant's criminal
               history or NDIS clearance
                 Before deciding about an application for
                 registration, the Board must--
                   (a) check the applicant's criminal history in
                       accordance with section 256; or




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                  (b) if the applicant holds a current NDIS
                      clearance, confirm the status and details
                      of the applicant's NDIS clearance.".
134 Unsuitability to hold general registration
           For section 156(b) of the Disability Service
           Safeguards Act 2018 substitute--
           "(b) having regard to one of the following, the
                individual is not an appropriate person to
                practise as a disability worker and it is not in
                the public interest for the individual to
                practise as a disability worker--
                   (i) the individual's criminal history to the
                       extent it is relevant;
                  (ii) the status of the individual's NDIS
                       clearance if the individual holds or has
                       held an NDIS clearance; or".
135 Unsuitability to hold limited registration
           For section 159(b) of the Disability Service
           Safeguards Act 2018 substitute--
           "(b) having regard to one of the following, the
                individual is not an appropriate person to
                practise as a disability worker and it is not in
                the public interest for the individual to
                practise as a disability worker--
                   (i) the individual's criminal history to the
                       extent it is relevant;
                  (ii) the status of the individual's NDIS
                       clearance if the individual holds or has
                       held an NDIS clearance; or".




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Part 4--Amendment of Disability Service Safeguards Act 2018 and
             Residential Tenancies Act 1997

136 Unsuitability to hold non-practising registration
           For section 167(a) of the Disability Service
           Safeguards Act 2018 substitute--
           "(a) having regard to one of the following, the
                individual is not a fit and proper person to
                hold non-practising registration--
                   (i) the individual's criminal history to the
                       extent it is relevant;
                  (ii) the status of the individual's NDIS
                       clearance if the individual holds or has
                       held an NDIS clearance; or".
137 Annual statement
           After section 188(1)(b) of the Disability Service
           Safeguards Act 2018 insert--
         "(ba) if the applicant has been given an NDIS
               clearance, details of any suspension,
               revocation, expiry or surrender of the NDIS
               clearance; and".
138 Other records to be kept by Board
      (1) In section 252(g) of the Disability Service
          Safeguards Act 2018, for "check." substitute
          "check;".
      (2) After section 252(g) of the Disability Service
          Safeguards Act 2018 insert--
           "(h) information about the disability worker's
                NDIS clearance (if any).".
139 NDIS worker screening check
      (1) In the heading to section 257 of the Disability
          Service Safeguards Act 2018, for
          "NDIS worker" substitute "Worker".




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      (2) In section 257(1) of the Disability Service
          Safeguards Act 2018--
            (a) in paragraph (a)--
                  (i) for "an NDIS worker screening unit"
                      substitute "a worker screening unit";
                 (ii) for "any NDIS worker screening check"
                      substitute "any worker screening
                      check";
            (b) in paragraph (b)--
                  (i) for "the NDIS worker screening unit"
                      substitute "the worker screening unit";
                 (ii) for "an NDIS worker screening check"
                      substitute "a worker screening check".
      (3) For section 257(2)(a) of the Disability Service
          Safeguards Act 2018 substitute--
           "(a) may request a worker screening unit to give
                the Board information concerning any
                worker screening check in relation to the
                disability worker including in relation to any
                of the following--
                  (i) whether the disability worker has been
                      given an NDIS clearance that remains
                      in force;
                 (ii) whether the disability worker has been
                      given an NDIS exclusion or interim
                      NDIS exclusion;
                 (iii) whether the disability worker has made
                       an application for an NDIS clearance
                       and whether the application has been
                       withdrawn or reinstated;
                 (iv) whether the NDIS clearance of the
                      disability worker has been suspended,
                      revoked or surrendered; and".



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             Residential Tenancies Act 1997

      (4) In section 257(2)(b) of the Disability Service
          Safeguards Act 2018--
            (a) for "the NDIS worker screening unit"
                substitute "the worker screening unit";
            (b) for "an NDIS worker screening check"
                substitute "a worker screening check".
      (5) In section 257(3) of the Disability Service
          Safeguards Act 2018, for "NDIS worker
          screening unit" substitute "worker screening
          unit".
      (6) After section 257(3) of the Disability Service
          Safeguards Act 2018 insert--
          "(4) In this section--
                worker screening check means--
                        (a) an NDIS check; and
                       (b) an NDIS worker screening check;
                           and
                        (c) a prescribed process for
                            determining whether a person may
                            be employed or engaged in
                            particular work;
                worker screening unit means--
                        (a) an NDIS worker screening unit;
                            and
                       (b) in relation to the performance of
                           functions in relation to screening
                           checks under the Worker
                           Screening Act 2020, the
                           Secretary within the meaning of
                           that Act; and
                        (c) a prescribed body.".




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Part 4--Amendment of Disability Service Safeguards Act 2018 and
             Residential Tenancies Act 1997

140 New Part 18 inserted
          After Part 17 of the Disability Service
          Safeguards Act 2018 insert--

                 "Part 18--Transitional
            provisions--Disability and Social
            Services Regulation Amendment
                        Act 2023
          288 Definition
                In this Part--
                commencement day means the day on which
                    Division 1 of Part 4 of the Disability
                    and Social Services Regulation
                    Amendment Act 2023 comes into
                    operation.
          289 Application for registration by disability
              worker
                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.
          290 Worker screening check
           (1) Section 257, as in force on the
               commencement day, applies to a disability
               worker registered before that day.
           (2) Section 257, as in force on the
               commencement day, applies to a disability
               student registered before that day.".




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 Part 4--Amendment of Disability Service Safeguards Act 2018 and
              Residential Tenancies Act 1997

Division 2--Amendment of Residential Tenancies
                Act 1997

      Subdivision 1--Residential tenancies
 141 Definitions
       (1) In section 3(1) of the Residential Tenancies
           Act 1997 insert the following definitions--
           "DSOA client means an older person--
                   (a) who is receiving supports under the
                       Commonwealth Disability Support for
                       Older Australians program or a
                       prescribed program; and
                   (b) who is not an NDIS participant;
           SDA dwelling has the meaning given by
               section 498BA;
           specified entity or program means any of the
                following--
                   (a) the Secretary to the Department of
                       Families, Fairness and Housing;
                   (b) the Transport Accident Commission;
                   (c) the Victorian WorkCover Authority;
                   (d) the NDIS;
                   (e) the Commonwealth Disability Support
                       for Older Australians program or a
                       prescribed program;
           Transport Accident Commission has the same
               meaning as Commission has in section 3 of
               the Transport Accident Act 1986;
           Victorian WorkCover Authority has the same
                meaning as Authority has in section 3 of the
                Workplace Injury Rehabilitation and
                Compensation Act 2013;".



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      (2) In section 3(1) of the Residential Tenancies
          Act 1997--
            (a) for the definition of SDA provider
                substitute--
                "SDA provider means a person who is the
                    owner or leaseholder of an SDA
                    dwelling if the premises are let under,
                    or are proposed to be let under, an SDA
                    residency agreement or residential
                    rental agreement to an SDA resident;";
            (b) for the definition of SDA resident
                substitute--
                "SDA resident means a person with a
                    disability--
                        (a) who receives, or is eligible to
                            receive, funded daily independent
                            living support; and
                       (b) who is residing, or proposes to
                           reside, in an SDA dwelling under
                           an SDA residency agreement or
                           residential rental agreement;".
      (3) In section 3(1) of the Residential Tenancies
          Act 1997, in paragraph (b) of the definition of
          SDA enrolled dwelling, for "2016" substitute
          "2020".
142 Definitions
      (1) In section 498B of the Residential Tenancies
          Act 1997--
            (a) insert the following definition--
                "SDA dwelling has the meaning given by
                    section 498BA;";




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            (b) for the definition of support plan
                substitute--
                "support plan means an SDA resident's
                     plan--
                        (a) that is in effect under section 37 of
                            the National Disability Insurance
                            Scheme Act 2013 of the
                            Commonwealth; or
                       (b) that is funded by a specified entity
                           or program.".
      (2) In section 498B of the Residential Tenancies
          Act 1997, the definitions of CoS Supported
          accommodation client, SDA provider, SDA
          resident and Supported Independent Living
          provider are repealed.
143 New section 498BA inserted
          After section 498B of the Residential Tenancies
          Act 1997 insert--
     "498BA Meaning of SDA dwelling
           (1) In this Act, an SDA dwelling means--
                  (a) an SDA enrolled dwelling; or
                  (b) any other permanent dwelling that
                      provides long term accommodation and
                      where daily independent living support
                      is provided to one or more residents
                      with a disability funded by a specified
                      entity or program and may comprise--
                        (i) an area or room exclusively
                            occupied by an SDA resident and
                            common areas shared by other
                            SDA residents under an SDA
                            residency agreement; or




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                       (ii) the dwelling as a whole occupied
                            exclusively by an SDA resident
                            under an SDA residency
                            agreement; or
                       (iii) the dwelling as a whole occupied
                             under a residential rental
                             agreement by at least one SDA
                             resident and other occupants who
                             may or may not be SDA residents.
           (2) An SDA dwelling does not include the
               following--
                  (a) premises that are not occupied under an
                      SDA residency agreement or a
                      residential rental agreement;
                      Note
                      See also section 26(3) and the definition of
                      residential rental agreement in section 3(1).
                  (b) a premises occupied under a residential
                      rental agreement in relation to which
                      the residential rental provider and, if
                      appropriate, the head renter of the
                      premises--
                        (i) do not receive funding from a
                            specified entity or program in
                            relation to any disability support
                            provided at the premises; and
                       (ii) have not entered into an
                            agreement with a specified entity
                            or program in relation to any
                            disability support provided at the
                            premises;
                  (c) a health or residential service;
                  (d) temporary crisis accommodation;




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                  (e) a short-term accommodation dwelling
                      or accommodation that is used to
                      provide respite or transitional
                      accommodation.
           (3) In this section--
                head renter, in relation to rented premises,
                    means a person who--
                        (a) is a renter of the premises under
                            the head residential rental
                            agreement within the meaning of
                            section 91R(1); and
                       (b) has granted another person
                           possession of the premises under a
                           sub-residential rental agreement
                           within the meaning of that
                           section.".
144 New section 498DAA inserted
          After section 498D of the Residential Tenancies
          Act 1997 insert--
   "498DAA Information statement required to be
           given to person residing in SDA
           dwelling--residential rental agreement
           (1) This section applies to an SDA provider if--
                  (a) immediately before the commencement
                      day--
                        (i) a residential rental agreement is in
                            force between the SDA provider
                            and an SDA resident in respect of
                            an SDA dwelling; and
                       (ii) the SDA resident has not been
                            given an information statement
                            under section 498D; and




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                  (b) on or after the commencement day--
                        (i) the SDA resident has not been
                            given a notice to vacate under
                            Division 9 of Part 2; or
                       (ii) if the SDA resident has at any
                            time been given a notice to vacate
                            under Division 9 of Part 2,
                            either--
                             (A) the SDA provider withdraws
                                 the notice under
                                 section 91ZZQ; or
                              (B) the Tribunal determines that
                                  the notice to vacate is not
                                  valid.
                Note
                See also section 26(3) and the definition of residential
                rental agreement in section 3(1).
           (2) The SDA provider must, within 6 months
               after the commencement day--
                  (a) give the SDA resident an information
                      statement in the form approved by the
                      Director under section 498D; and
                  (b) offer the SDA resident the choice to
                      enter into or establish an SDA
                      residency agreement with the SDA
                      provider.
                Penalty: 300 penalty units in the case of a
                         natural person;
                             750 penalty units in the case of a
                             body corporate.




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                Note
                Section 498E imposes obligations on persons
                providing information to an SDA resident under this
                Part to explain the contents of the information to the
                SDA resident.
           (3) If an SDA provider enters into or establishes
               an SDA residency agreement with an SDA
               resident in respect of an SDA dwelling that
               commences before the term of a residential
               rental agreement between the SDA provider
               and SDA resident in respect of that SDA
               dwelling ends, that residential rental
               agreement is taken to terminate immediately
               before the SDA residency agreement comes
               into operation.
           (4) For the purposes of section 91B, if a
               residential rental agreement is taken to
               terminate under subsection (3), it is taken to
               have been terminated in accordance with
               Division 9 of Part 2.
           (5) In this section--
                commencement day means the day on which
                    section 144 of the Disability and
                    Social Services Regulation
                    Amendment Act 2023 comes into
                    operation.".
145 Purpose of Division
          In section 498T(2) of the Residential Tenancies
          Act 1997--
            (a) in paragraph (e), for "Commission."
                substitute "Commission;";
            (b) after paragraph (e) insert--
                 "(f) a person employed and authorised by
                      the Transport Accident Commission.".




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146 Notice of temporary relocation
           In section 498ZV(6) of the Residential Tenancies
           Act 1997, for "the SDA resident's Supported
           Independent Living provider" substitute
           "the provider of the SDA resident's daily
           independent living support".
147 Notice to vacate by SDA provider
           In section 498ZX(9) of the Residential Tenancies
           Act 1997, for "the SDA resident's Supported
           Independent Living provider" substitute
           "the provider of the SDA resident's daily
           independent living support".
148 Definitions
           In section 498ZZX of the Residential Tenancies
           Act 1997--
             (a) for the definition of former SDA provider
                 substitute--
                 "former SDA provider means an SDA
                      provider who, before the termination of
                      an SDA residency agreement, was the
                      owner or leaseholder of an SDA
                      dwelling;";
            (b) in the definition of former SDA resident, for
                "funding under the NDIS to reside in an
                SDA enrolled dwelling" substitute
                "funded daily independent living support in
                an SDA dwelling".
149 Prohibition on letting premises used for SDA
    enrolled dwelling after notice
      (1) In the heading to section 498ZZZPA of the
          Residential Tenancies Act 1997 omit "enrolled".
      (2) In section 498ZZZPA of the Residential
          Tenancies Act 1997 omit "enrolled"
          (wherever occurring).


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150 New Schedule 3 inserted
          After Schedule 2 to the Residential Tenancies
          Act 1997 insert--

               "Schedule 3--Transitional
            provisions--Disability and Social
            Services Regulation Amendment
                       Act 2023
             1 Definitions
                In this Schedule--
                disability service provider has the same
                     meaning as it has in the Disability
                     Act 2006;
                group home means a residential service
                    which is declared to be a group home
                    by the Minister under section 64 of the
                    Disability Act 2006 as in force
                    immediately before its repeal by the
                    Disability and Social Services
                    Regulation Amendment Act 2023;
                residential statement, in relation to a
                     disability service provider providing
                     services to a group home, means a
                     residential statement within the
                     meaning of section 57 of the Disability
                     Act 2006, as in force immediately
                     before the commencement of
                     Division 1 of Part 2 of the Disability
                     and Social Services Regulation
                     Amendment Act 2023.
             2 Group homes
           (1) A group home is, on and from the
               commencement of section 90 of the
               Disability and Social Services Regulation


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                Amendment Act 2023, taken to be an SDA
                dwelling.
           (2) A person who is a resident of a group home
               immediately before the commencement of
               section 90 of the Disability and Social
               Services Regulation Amendment Act 2023
               is taken, on and from that commencement, to
               be an SDA resident until the person enters
               into an SDA residency agreement or
               residential rental agreement.
           (3) Subject to subclause (4), a disability service
               provider operating a group home
               immediately before the commencement of
               section 90 of the Disability and Social
               Services Regulation Amendment Act 2023
               is taken, on and from that commencement to
               be an SDA provider until the provider enters
               into an SDA residency agreement or
               residential rental agreement.
           (4) If a disability service provider operating a
               group home immediately before the
               commencement of section 90 of the
               Disability and Social Services Regulation
               Amendment Act 2023 is not the owner or
               leaseholder of a group home, the owner or
               leaseholder of the group home immediately
               before that commencement is taken, on and
               from that commencement to be an SDA
               provider until the provider enters into an
               SDA residency agreement or residential
               rental agreement.
           (5) A residential statement given to a resident of
               a group home by a disability service provider
               before the commencement of section 90 of
               the Disability and Social Services
               Regulation Amendment Act 2023 is taken,
               on and after the commencement of that


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                section, to be an SDA residency agreement
                made in accordance with Division 3 of
                Part 12A in relation to which--
                  (a) the period to which the residential
                      statement relates specified under
                      section 57(2)(a) of the Disability
                      Act 2006 is the term of the SDA
                      residency agreement for the purposes of
                      section 498F(6)(c); and
                  (b) the rent component of the residential
                      charge specified under section 57(2)(d)
                      of the Disability Act 2006 is the rent
                      for the purposes of section 498J(1)(b);
                      and
                  (c) the services component of the
                      residential charge specified under
                      section 57(2)(d) of the Disability
                      Act 2006 is the amount of utilities
                      charges for the purposes of
                      section 498J(1)(c).
             3 Deemed SDA providers
           (1) This clause applies to--
                  (a) a group home taken to be an SDA
                      dwelling under clause 2(1); and
                  (b) a person taken to be an SDA resident
                      under clause 2(2); and
                  (c) a disability service provider taken to be
                      an SDA provider under clause 2(3); and
                  (d) the owner or leaseholder of a group
                      home taken to be an SDA provider
                      under clause 2(4).
           (2) An SDA provider must give an SDA resident
               an information statement no later than
               6 months after the commencement of



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                section 90 of the Disability and Social
                Services Regulation Amendment
                Act 2023.
                Penalty: 300 penalty units in the case of a
                         natural person;
                            750 penalty units in the case of a
                            body corporate.
           (3) An information statement given under
               subclause (2) must--
                  (a) be in the form approved by the Director
                      for the purposes of section 498D(3);
                      and
                  (b) comply with section 498E.
           (4) Subject to subclause (5), as soon as
               practicable after giving an SDA resident an
               information statement under subclause (2),
               an SDA provider must make all reasonable
               efforts to--
                  (a) enter into an SDA residency agreement
                      with the SDA resident in respect of the
                      SDA dwelling; or
                  (b) work with the SDA resident in
                      accordance with section 498G to
                      establish an SDA residency agreement
                      in respect of the SDA dwelling; or
                  (c) enter into a residential rental agreement
                      in respect of the SDA dwelling.
           (5) In the case of an information statement for
               an SDA residency agreement that is taken to
               be an SDA residency agreement under
               clause 2(5), the SDA provider must make all
               reasonable efforts to take the action required
               under subclause (4)(a), (b) or (c) before the
               end of the term of the SDA residency



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                 agreement as determined under
                 clause 2(5)(a).".

Subdivision 2--Notification of Public Advocate
151 Notice of temporary relocation
           In section 498ZV(4) of the Residential Tenancies
           Act 1997 omit ", the Public Advocate".
152 Notice to vacate by SDA provider
           In section 498ZX(7) of the Residential Tenancies
           Act 1997 omit ", the Public Advocate".
153 Notice to vacate by mortgagee
           In section 498ZZD(3) of the Residential
           Tenancies Act 1997 omit ", the Public
           Advocate".

 Subdivision 3--Consequential amendments
154 Purposes
           In section 1(j) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwellings"
           substitute "SDA dwellings".
155 Definitions
           In section 3(1) of the Residential Tenancies
           Act 1997--
             (a) in paragraph (a)(ii) of the definition of fair
                 wear and tear, for "SDA enrolled dwelling"
                 substitute "SDA dwelling";
            (b) in the definition of health or residential
                service, for "SDA enrolled dwelling;"
                substitute "SDA dwelling;";
             (c) in paragraph (e) of the definition of notice of
                 intention to vacate, for "SDA enrolled
                 dwelling" substitute "SDA dwelling";




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            (d) in paragraph (e) of the definition of notice to
                vacate, for "SDA enrolled dwelling"
                substitute "SDA dwelling";
             (e) in the definition of rooming house, for
                 "SDA enrolled dwelling," substitute
                 "SDA dwelling,";
             (f) in the definition of urgent repairs, for
                 "SDA enrolled dwelling"
                 (wherever occurring) substitute
                 "SDA dwelling".
156 Health or residential services
           In the note at the foot of section 23 of the
           Residential Tenancies Act 1997, for
           "SDA enrolled dwelling" substitute
           "SDA dwelling".
157 Residential rental agreements to be in standard
    form
           In note 2 at the foot of section 26 of the
           Residential Tenancies Act 1997, for
           "SDA enrolled dwelling" substitute
           "SDA dwelling".
158 Copy of agreement to be made available to renter
           In the note at the foot of section 29 of the
           Residential Tenancies Act 1997, for
           "SDA enrolled dwelling" substitute
           "SDA dwelling".
159 Jurisdiction of Tribunal
           In section 446(bc) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling;"
           substitute "SDA dwelling;".




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160 Further functions of Director in relation to SDA
    enrolled dwellings
           In the heading to section 486B of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwellings" substitute "SDA dwellings".
161 Referral of matter to another person or body
           In section 486C of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling,"
           substitute "SDA dwelling,".
162 Definitions
           In section 498B of the Residential Tenancies
           Act 1997--
             (a) in the definition of rent, for "SDA enrolled
                 dwelling" substitute "SDA dwelling";
            (b) in the definition of SDA residency
                agreement, for "SDA enrolled dwelling;"
                substitute "SDA dwelling;".
163 When does Part not apply to occupation of SDA
    enrolled dwelling
      (1) In the heading to section 498C of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling" substitute "SDA dwelling".
      (2) In section 498C(1) and (2) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          substitute "SDA dwelling".
164 Information statement required to be given to SDA
    resident
           In section 498D(2) and (3) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".




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165 Explanation of Tribunal orders
           In section 498EA(6) of the Residential Tenancies
           Act 1997, in the definition of relevant person, for
           "SDA enrolled dwelling" (where twice occurring)
           substitute "SDA dwelling".
166 Agreement for provision of SDA enrolled dwelling
      (1) In the heading to section 498F of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling" substitute "SDA dwelling".
      (2) In section 498F of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
167 Copy of SDA residency agreement to be made
    available to SDA resident
           In section 498H of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
168 Content of SDA residency agreement
           In section 498J(1) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
169 Restriction on use of personal information provided
    by applicants for SDA enrolled dwellings
      (1) In the heading to section 498LA of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwellings" substitute
          "SDA dwellings".
      (2) In section 498LA of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".




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170 Information that SDA provider must disclose before
    entering SDA residency agreement
      (1) In section 498LB of the Residential Tenancies
          Act 1997, for "SDA recipient" substitute
          "SDA resident".
      (2) In section 498LB of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
171 Misleading or deceptive conduct inducing a person
    to enter an SDA residency agreement
           In section 498LC(3) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
172 Duties of SDA provider
           In section 498M of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
173 Duties of SDA resident
           In section 498N of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
174 Application to Director to investigate need for
    non-urgent repairs
           In section 498Q of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
175 What can the Tribunal order?
           In section 498S(1) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".




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176 Purpose of Division
          In section 498T of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
177 Entry of SDA enrolled dwelling
      (1) In the heading to section 498U of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling" substitute "SDA dwelling".
      (2) In section 498U of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
178 Grounds for entry of SDA enrolled dwelling
      (1) In the heading to section 498V of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling" substitute "SDA dwelling".
      (2) In section 498V(1) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (3) In section 498V(2) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (4) In section 498V(3) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (5) In section 498V(3A) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (6) In section 498V(4) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".




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      (7) In section 498V(5) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
179 Manner of entry
           In section 498W(b) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
180 What must be in a notice of entry?
           In section 498X(2) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
181 SDA resident has duty to permit entry
           In section 498Y of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling."
           substitute "SDA dwelling.".
182 What if damage is caused during entry
           In section 498Z of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
183 Receipts for rent
           In section 498ZE(5)(a) of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwelling;" substitute "SDA dwelling;".
184 What can the Tribunal order on an application
    relating to increase in rent
      (1) In section 498ZI(2)(a) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling;" substitute "SDA dwelling;".
      (2) In section 498ZI(2)(b) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwellings" substitute "SDA dwellings".




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      (3) In section 498ZI(2)(c), (e) and (f) of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
185 Certain charges prohibited
           In section 498ZL(4) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
186 SDA provider's liability for various utility charges
      (1) In section 498ZM(1) and (2) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
      (2) In the example at the foot of section 498ZM(2) of
          the Residential Tenancies Act 1997, for
          "SDA enrolled dwelling." substitute
          "SDA dwelling.".
187 SDA provider must not seek overpayment for utility
    charge
           In section 498ZN of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
188 Definitions
           In section 498ZO of the Residential Tenancies
           Act 1997, in the definition of duty provision, for
           "SDA enrolled dwelling," substitute
           "SDA dwelling,".
189 Breach of duty notice
           In section 498ZP(2A) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".




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190 Matters to be considered by Tribunal
           In section 498ZR(2) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling;"
           (where twice occurring) substitute
           "SDA dwelling;".
191 Notice of temporary relocation
      (1) In section 498ZV(1) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (2) In section 498ZV(2A) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
      (3) In section 498ZV(3) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
      (4) In section 498ZV(7) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (5) In section 498ZV(10) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          substitute "SDA dwelling".
      (6) In section 498ZV(11) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          substitute "SDA dwelling".
192 Termination of SDA residency agreement
           In section 498ZW(1) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".




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193 Order of Tribunal that premises are abandoned
           In section 498ZWA of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
194 Notice to vacate by SDA provider
      (1) In section 498ZX(1) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (2) In section 498ZX(4A) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
      (3) In section 498ZX(5) of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
195 Effect of notice to vacate
           In section 498ZY(2) of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
196 Notice of intention to vacate by SDA resident
           In section 498ZZA(2)(b) of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwelling." substitute "SDA dwelling.".
197 Withdrawal of notice
           In section 498ZZB(2) of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwelling." substitute "SDA dwelling.".
198 Notice by owner
           In section 498ZZCA(1) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".




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199 Notice to vacate by mortgagee
           In section 498ZZD(1) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
200 Application for possession order by SDA provider
           In section 498ZZE of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
201 Application for possession order by mortgagee
           In section 498ZZF(1) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
202 Order of Tribunal
           In section 498ZZH of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
203 What is reasonable and proportionate
           In section 498ZZHA(d) of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwelling;" substitute "SDA dwelling;".
204 Contents of possession order
           In section 498ZZJ of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
205 Effect of possession order for SDA enrolled dwelling
      (1) In the heading to section 498ZZL of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".




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      (2) In section 498ZZL of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
206 What must the possession order provide?
           In section 498ZZM of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
207 Notice to occupiers of SDA enrolled dwelling
      (1) In the heading to section 498ZZN of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (2) In section 498ZZN of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
208 Warrant of possession
           In section 498ZZR of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (wherever occurring) substitute "SDA dwelling".
209 Postponement of issue of warrant in certain cases
           In section 498ZZU of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
210 Immediate issue of warrant if failure to pay rent
    during postponement
           In section 498ZZV of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling,"
           substitute "SDA dwelling,".




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211 Application of this Division
           In section 498ZZW of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
212 Definitions
      (1) In section 498ZZX of the Residential Tenancies
          Act 1997, the definition of SDA enrolled dwelling
          owner is repealed.
      (2) In section 498ZZX of the Residential Tenancies
          Act 1997 insert the following definition--
           "SDA dwelling owner, in relation to an SDA
                dwelling in respect of which an SDA
                residency agreement has been terminated,
                means--
                   (a) the former SDA provider; and
                  (b) either--
                         (i) the owner of the SDA dwelling; or
                        (ii) a mortgagee who has secured a
                             mortgage against the SDA
                             dwelling;".
      (3) In section 498ZZX of the Residential Tenancies
          Act 1997, in the definition of stored goods, for
          "SDA enrolled dwelling" (where twice occurring)
          substitute "SDA dwelling".
213 What happens if personal documents are left
    behind?
           In section 498ZZY of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
214 Disposal of personal documents after 90 days
           In section 498ZZZ(1) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".


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215 Reclaiming personal documents before disposal
           In section 498ZZZA(2) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".
216 Disposal of certain goods left behind
           In section 498ZZZC of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling"
           (where twice occurring) substitute
           "SDA dwelling".
217 What must an SDA enrolled dwelling owner do
    about goods left behind?
      (1) In the heading to section 498ZZZD of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (2) In section 498ZZZD(1) and (3) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (where twice occurring) substitute
          "SDA dwelling".
218 When SDA enrolled dwelling owner may sell or
    dispose of stored goods
      (1) In the heading to section 498ZZZF of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (2) In section 498ZZZF of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
219 Former SDA resident may request proceeds of sale
    of goods
           In section 498ZZZG(3) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".



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220 Purchaser takes good title
           In section 498ZZZI(b) of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".
221 What if goods or documents are disposed of in
    contravention of this Division?
           In section 498ZZZJ of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
222 What if goods or documents are wrongfully
    retained?
           In section 498ZZZK of the Residential
           Tenancies Act 1997, for "SDA enrolled dwelling"
           substitute "SDA dwelling".
223 What if goods or documents are damaged or lost?
           In section 498ZZZL of the Residential Tenancies
           Act 1997, for "SDA enrolled dwelling" substitute
           "SDA dwelling".
224 What if an SDA enrolled dwelling owner refuses to
    store goods for more than 14 days?
      (1) In the heading to section 498ZZZM of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (2) In section 498ZZZM of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
225 Offence relating to entering SDA enrolled dwelling
      (1) In the heading to section 498ZZZO of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".




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      (2) In section 498ZZZO of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          substitute "SDA dwelling".
226 Offence to obtain possession etc. of SDA enrolled
    dwelling
      (1) In the heading to section 498ZZZP of the
          Residential Tenancies Act 1997, for
          "SDA enrolled dwelling" substitute
          "SDA dwelling".
      (2) In section 498ZZZP of the Residential Tenancies
          Act 1997, for "SDA enrolled dwelling"
          (wherever occurring) substitute "SDA dwelling".
227 Disclosure, use and transfer of information
      (1) In section 505C(1)(a) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwellings" substitute "SDA dwellings".
      (2) In section 505C(1)(b) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling." substitute "SDA dwelling.".
      (3) In section 505C(2) and (3) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwellings" substitute "SDA dwellings".
      (4) In section 505C(4)(g) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwellings" substitute "SDA dwellings".
      (5) In section 505C(4)(p) of the Residential
          Tenancies Act 1997, for "SDA enrolled
          dwelling;" substitute "SDA dwelling;".
228 Service of documents
           In section 506(3A)(b)(i) of the Residential
           Tenancies Act 1997, for "SDA enrolled
           dwelling;" substitute "SDA dwelling;".




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229 Regulations
      (1) In section 511(1)(hb) of the Residential
          Tenancies Act 1997, for "SDA enrolled dwelling"
          substitute "SDA dwelling".
      (2) After section 511(1)(hc) of the Residential
          Tenancies Act 1997 insert--
         "(hd) prescribing a program for the purposes of the
               definition of DSOA client in section 3(1);
           (he) prescribing a program for the purposes of the
                definition of specified entity or program in
                section 3(1);".

    Subdivision 4--Notification of Director
230 Notice of temporary relocation
      (1) For section 498ZV(5) of the Residential
          Tenancies Act 1997 substitute--
           "(5) The SDA provider must notify the Director
                of the details of a notice of temporary
                relocation within 24 hours after the notice
                has been given to an SDA resident who is
                not an SDA recipient, including any of the
                following--
                   (a) a DSOA client;
                  (b) an SDA resident whose daily
                      independent living support is funded by
                      the Transport Accident Commission or
                      the Victorian WorkCover Authority.
                 Penalty: 60 penalty units.
          (5A) After receiving a notification under
               subsection (4) or (5), the Director must
               provide the details of the notice of temporary
               relocation to the Public Advocate.




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         (5B) After receiving a notification under
              subsection (5), the Director must provide the
              details of the notice of temporary relocation
              to the Transport Accident Commission or the
              Victorian WorkCover Authority (as the case
              requires) if the SDA resident is a person
              specified in subsection (5)(b).".
231 Notice to vacate by SDA provider
          For section 498ZX(8) of the Residential
          Tenancies Act 1997 substitute--
          "(8) The SDA provider must notify the Director
               of the details of a notice to vacate within
               24 hours after the notice has been given to an
               SDA resident who is not an SDA recipient,
               including any of the following--
                  (a) a DSOA client;
                  (b) an SDA resident whose daily
                      independent living support is funded by
                      the Transport Accident Commission or
                      the Victorian WorkCover Authority.
                Penalty: 60 penalty units.
         (8A) After receiving a notification under
              subsection (7) or (8), the Director must
              provide the details of the notice to vacate to
              the Public Advocate.
         (8B) After receiving a notification under
              subsection (8), the Director must provide the
              details of the notice to vacate to the
              Transport Accident Commission or the
              Victorian WorkCover Authority (as the case
              requires) if the SDA resident is a person
              specified in subsection (8)(b).".




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232 Notice to vacate by mortgagee
          For section 498ZZD(4) of the Residential
          Tenancies Act 1997 substitute--
          "(4) The mortgagee must notify the Director of
               the details of a notice to vacate within
               24 hours after the notice has been given to an
               SDA resident who is not an SDA recipient,
               including any of the following--
                  (a) a DSOA client;
                  (b) an SDA resident whose daily
                      independent living support is funded by
                      the Transport Accident Commission or
                      the Victorian WorkCover Authority.
                Penalty: 60 penalty units.
         (4A) After receiving a notification under
              subsection (3) or (4), the Director must
              provide the details of the notice to vacate to
              the Public Advocate.
         (4B) After receiving a notification under
              subsection (4), the Director must provide the
              details of the notice to vacate to the
              Transport Accident Commission or the
              Victorian WorkCover Authority (as the case
              requires) if the SDA resident is a person
              specified in subsection (4)(b).".




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      Part 5--Amendment of other Acts
   Division 1--Amendment of Crimes Act 1958
  233 Definitions
            In section 52A of the Crimes Act 1958, after
            paragraph (a) of the definition of residential
            service insert--
          "(ab) accommodation approved for supervised
                treatment under section 187 of the Disability
                Act 2006; and".

  Division 2--Amendment of Guardianship and
            Administration Act 2019
  234 Powers of inspection
            In section 17(7) of the Guardianship and
            Administration Act 2019, after paragraph (ca) of
            the definition of institution insert--
         "(cab) accommodation approved for supervised
                treatment under section 187 of the Disability
                Act 2006;".

     Division 3--Amendment of Independent
Broad-based Anti-corruption Commission Act 2011
  235 Definitions
            In section 3(1) of the Independent Broad-based
            Anti-corruption Commission Act 2011, after
            paragraph (e) of the definition of detained person
            insert--
           "(ea) a person in accommodation approved for
                 supervised treatment under section 187 of
                 the Disability Act 2006; or".




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 Division 4--Amendment of Medical Treatment
        Planning and Decisions Act 2016
 236 Definitions
           In section 3(1) of the Medical Treatment
           Planning and Decisions Act 2016, after
           paragraph (c) of the definition of health facility
           insert--
        "(caa) accommodation approved for supervised
               treatment under section 187 of the Disability
               Act 2006; and".

Division 5--Amendment of Residential Tenancies
                Act 1997
 237 Definitions
           In section 3(1) of the Residential Tenancies
           Act 1997, after paragraph (c) of the definition of
           health or residential service insert--
          "(ca) accommodation approved for supervised
                treatment under section 187 of the Disability
                Act 2006; or".

   Division 6--Amendment of Social Services
             Regulation Act 2021
 238 Definitions
           In section 3(1) of the Social Services Regulation
           Act 2021, in the definition of exclusion
           decision--
             (a) in paragraph (c), after "Worker Screening
                 Act 2020;" insert "or";
            (b) after paragraph (c) insert--
                 "(d) a prescribed decision;".




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239 Impact of interview or hearing must be mitigated
           In the heading to section 100 of the Social
           Services Regulation Act 2021, for "mitigated"
           substitute "mitigated--WCES workers or
           carers".
240 New sections 100A and 100B inserted
           After section 100 of the Social Services
           Regulation Act 2021 insert--
        "100A Impact of interview or hearing must be
              mitigated--WCES service users
            (1) Before interviewing a WCES service user or
                a person with the characteristics of a WCES
                service user, the Regulator, a Panel, an
                authorised officer or an independent
                investigator must consider, and take all
                reasonable steps to mitigate, any negative
                effect that the interview may have on the
                service user or person.
            (2) Before requiring a WCES service user or a
                person with the characteristics of a WCES
                service user to attend a hearing conducted by
                a Panel under this Part, the Panel must
                consider, and take all reasonable steps to
                mitigate, any negative effect that the hearing
                may have on the service user or person.
         100B Mitigation of impact of interviews on
              children
            (1) This section applies if the Regulator, a Panel,
                an authorised officer or an independent
                investigator interviews, or proposes to
                interview, a child that is a WCES service
                user or has the characteristics of a WCES
                service user.




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            (2) The Regulator, Panel, authorised officer or
                independent investigator may engage a
                person with appropriate qualifications,
                training or experience in interviewing child
                victims of abuse to conduct an interview on
                behalf of the Regulator, Panel, authorised
                officer or independent investigator.
            (3) Before interviewing a child, the interviewer
                must consider, and take all reasonable steps
                to mitigate, any negative effect that the
                interview may have on the child.
            (4) Without limiting subsection (3), the
                Regulator, Panel, authorised officer or
                independent investigator must consider
                whether the child's primary family carer
                (within the meaning of the Commission for
                Children and Young People Act 2012)
                should be present during the interview.".
241 Power to enter premises of registered social service
    providers--monitoring compliance
           In section 112(1) of the Social Services
           Regulation Act 2021, after "other than residential
           premises" insert "within the meaning of
           section 113".
242 Power to enter residential premises with consent
      (1) For section 113(2) of the Social Services
          Regulation Act 2021 substitute--
           "(2) An authorised officer or independent
                investigator must not under subsection (1)
                enter a part of residential premises that is
                used as a bedroom--
                   (a) in the case of a bedroom of a service
                       user in residential premises occupied by
                       a provider of a supported residential




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                     service or a prescribed residential
                     disability service, unless--
                       (i) the authorised officer or
                           independent investigator has the
                           consent of the service user to do
                           so; or
                      (ii) the authorised officer or
                           independent investigator--
                            (A) considers the entry
                                reasonably necessary for the
                                purposes of monitoring
                                compliance with a provision
                                of this Act, or investigating a
                                possible contravention of this
                                Act, having regard to the
                                matters specified in
                                subsection (2A); and
                            (B) is unable to obtain the
                                consent of the service user
                                after taking all reasonable
                                steps to do so; or
                (b) in any other case, the authorised officer
                    or independent investigator has the
                    consent of the resident of the bedroom
                    to do so.
        (2A) The following matters are specified for the
             purposes of subsection (2)(a)(ii)(A)--
                 (a) whether entry to the bedroom is
                     necessary to eliminate or reduce an
                     immediate risk of harm to a service
                     user;
                (b) the time of the entry;
                 (c) whether the premises in which the
                     bedroom is located are open to the
                     public at the time of the entry;


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                (d) whether the purpose of the entry may
                    be achieved by a less intrusive means;
                 (e) any other matter that the authorised
                     officer or independent investigator
                     reasonably considers appropriate.".
    (2) In section 113(3) of the Social Services
        Regulation Act 2021--
           (a) for "occupier of the resident" substitute
               "occupier or the resident";
          (b) in paragraph (b), for "entry." substitute
              "entry; and";
           (c) after paragraph (b) insert--
               "(c) the power of the authorised officer or
                    independent investigator to enter a
                    bedroom under subsection (2)(a)(ii)
                    without the consent of the resident.".
    (3) In section 113(5) of the Social Services
        Regulation Act 2021--
           (a) in paragraph (a), before "given" insert "for
               the purposes of subsection (2)(b),";
          (b) after paragraph (a) insert--
              "(ab) for the purposes of subsection (2)(a),
                    given by the resident's guardian, parent
                    or next of kin if the resident of the
                    bedroom is unable to give consent;
                    and";
           (c) in paragraph (b), for "time;" substitute
               "time; and";
          (d) in paragraph (c), before "withdrawn" insert
              "except in the case of entry under subsection
              (2)(a)(ii),".




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      (4) After section 113(6) of the Social Services
          Regulation Act 2021 insert--
           "(7) In this section--
                 residential premises means premises, or part
                      of premises, occupied by a registered
                      social service provider--
                        (a) that is used as the private
                            residence of the social service
                            provider or any person employed
                            or engaged by the social service
                            provider; or
                        (b) that is used as the bedroom of a
                            social service user;
                 supported residential service means a
                     supported residential service within the
                     meaning given in section 214 that is
                     registered under Part 3.".
243 Meaning of supported residential service
           After section 214(1)(b) of the Social Services
           Regulation Act 2021 insert--
         "(ba) accommodation approved for supervised
               treatment under section 187 of the Disability
               Act 2006;".
244 Offences by unincorporated bodies, partnerships
    etc.
           In section 294(2) of the Social Services
           Regulation Act 2021--
             (a) in paragraph (zp), for "239(1)" substitute
                 "240(1)";
            (b) in paragraph (zy), for "249" substitute
                "250";
             (c) in paragraph (zz), for "250(1)" substitute
                 "251(1)".


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245 Regulations
          For section 316(1)(h)(iii) of the Social Services
          Regulation Act 2021 substitute--
         "(iii) the qualifications, skills and suitability of
                persons employed or engaged by providers
                including, but not limited to, persons
                engaged as volunteers or approved as foster
                carers;".
246 Deemed exclusion decisions
          In section 320 of the Social Services Regulation
          Act 2021, for "section 105 of the Children,
          Youth and Families Act 2005 that an allegation
          that a person physically or sexually abused a child
          is proved" substitute "section 106 of the
          Children, Youth and Families Act 2005 that a
          person posed an unacceptable risk of harm to
          children".
247 Definitions
          Section 353(4) of the Social Services Regulation
          Act 2021 is repealed.
248 New section 354A inserted
          After section 354 of the Social Services
          Regulation Act 2021 insert--
       '354A Matter may be referred
                After section 33(d) of the Disability
                Act 2006 insert--
               "(da) the Social Services Regulator;".'.
249 Section 359 repealed
          Section 359 of the Social Services Regulation
          Act 2021 is repealed.




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 250 New sections 367A and 367B inserted
            After section 367 of the Social Services
            Regulation Act 2021 insert--
         '367A Senior Practitioner to notify Secretary or
               NDIS Commissioner
             (1) In the heading to section 132ZL of the
                 Disability Act 2006, for "Secretary"
                 substitute "Social Services Regulator".
             (2) In section 132ZL of the Disability Act 2006,
                 for "Secretary" substitute "Social Services
                 Regulator".
          367B Powers of Public Advocate
                  In section 141(1)(c)(i) of the Disability
                  Act 2006, for "Secretary" substitute
                  "Social Services Regulator".'.

Division 7--Amendment of Supported Residential
      Services (Private Proprietors) Act 2010
 251 Meaning of supported residential service
            After section 5(1)(ba) of the Supported
            Residential Services (Private Proprietors)
            Act 2010 insert--
         "(bab) accommodation approved for supervised
                treatment under section 187 of the Disability
                Act 2006;".

Division 8--Amendment of Victorian Inspectorate
                 Act 2011
 252 Definitions
            In section 3(1) of the Victorian Inspectorate
            Act 2011, after paragraph (e) of the definition of
            detained person insert--




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        "(ea) a person in accommodation approved for
              supervised treatment under section 187 of
              the Disability Act 2006; or".




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Part 6--Further amendment of other Acts
        Division 1--Residential tenancies
253 Accident Compensation Act 1985
           In section 99AAA(1) of the Accident
           Compensation Act 1985, in the definition of
           supported accommodation, for paragraph (c)
           substitute--
           "(c) an SDA dwelling within the meaning of the
                Residential Tenancies Act 1997;".
254 Crimes Act 1958
           In section 52A of the Crimes Act 1958, in the
           definition of residential service--
             (a) before paragraph (b) insert--
                "(ac) a short-term accommodation dwelling
                      within the meaning of the Disability
                      Act 2006; and";
            (b) in paragraph (ba), for "SDA enrolled
                dwelling" substitute "SDA dwelling".
255 Education and Training Reform Act 2006
           In section 1.1.3(1) of the Education and
           Training Reform Act 2006, in the note at the
           foot of the definition of school boarding
           premises--
             (a) in paragraph (d)(ii), for "NDIS dwelling"
                 substitute "SDA dwelling";
            (b) after paragraph (d)(ii) insert--
                "(iia) accommodation provided at a
                       short-term accommodation dwelling
                       within the meaning of the Disability
                       Act 2006;".




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256 Guardianship and Administration Act 2019
          In section 17(7) of the Guardianship and
          Administration Act 2019, in the definition of
          institution--
            (a) in paragraph (ca), for "short-term
                accommodation and assistance dwelling"
                substitute "short-term accommodation
                dwelling";
           (b) in paragraph (cb), for "SDA enrolled
               dwelling" substitute "SDA dwelling".
257 Independent Broad-based Anti-corruption
    Commission Act 2011
          In section 3(1) of the Independent Broad-based
          Anti-corruption Commission Act 2011, in
          paragraph (e) of the definition of detained person,
          for "SDA enrolled dwelling under Part 8 of the
          Disability Act 2006" substitute "SDA dwelling
          under Part 8 of the Disability Act 2006".
258 Land Tax Act 2005
     (1) In section 3(1) of the Land Tax Act 2005, in the
         definition of SDA enrolled dwelling, for
         "SDA enrolled dwelling" substitute
         "SDA dwelling".
     (2) In section 56(1A)(b)(iia) of the Land Tax
         Act 2005, for "SDA enrolled dwelling" substitute
         "SDA dwelling".
     (3) In section 76A(1)(b) and (3) of the Land Tax
         Act 2005, for "SDA enrolled dwelling" substitute
         "SDA dwelling".
     (4) In section 78A(1)(e), (2)(a), (3)(b), (5) and (7) of
         the Land Tax Act 2005, for "SDA enrolled
         dwelling" substitute "SDA dwelling".




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259 Medical Treatment Planning and Decisions Act 2016
           In section 3(1) of the Medical Treatment
           Planning and Decisions Act 2016, in the
           definition of health facility--
             (a) before paragraph (ca) insert--
             "(caab) a short-term accommodation dwelling
                     within the meaning of the Disability
                     Act 2006; and";
            (b) in paragraph (ca), for "SDA enrolled
                dwelling" substitute "SDA dwelling".
260 Social Services Regulation Act 2021
      (1) Section 360 of the Social Services Regulation
          Act 2021 is repealed.
      (2) In section 369(1) of the Social Services
          Regulation Act 2021, after '"provider"' insert
          "(where thirdly occurring)".
261 Transport Accident Act 1986
           In section 3(1) of the Transport Accident
           Act 1986, in the definition of supported
           accommodation, for paragraph (c) substitute--
           "(c) an SDA dwelling within the meaning of the
                Residential Tenancies Act 1997;".
262 Victorian Civil and Administrative Tribunal
    Act 1998
           In Schedule 2 to the Victorian Civil and
           Administrative Tribunal Act 1998 omit
           "Form and content of a warrant of possession
           under section 85B of the Disability Act 2006.".
263 Victorian Inspectorate Act 2011
           In section 3(1) of the Victorian Inspectorate
           Act 2011, in paragraph (e) of the definition of
           detained person, for "SDA enrolled dwelling"
           substitute "SDA dwelling".


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264 Workplace Injury Rehabilitation and Compensation
    Act 2013
           In section 223(1) of the Workplace Injury
           Rehabilitation and Compensation Act 2013, in
           the definition of supported accommodation, for
           paragraph (c) substitute--
           "(c) an SDA dwelling within the meaning of the
                Residential Tenancies Act 1997; and".

         Division 2--Information sharing
265 Child Wellbeing and Safety Act 2005
           In item 4 of Schedule 7 to the Child Wellbeing
           and Safety Act 2005, for "and 39" substitute
           ", 202AB and 202AC".
266 Social Services Regulation Act 2021
      (1) In section 207(2)(d) of the Social Services
          Regulation Act 2021, for "39, 39A and 132ZC"
          substitute "132ZC, 202AB, 202AC and 202AD".
      (2) For section 355 of the Social Services Regulation
          Act 2021 substitute--
          '355 Disclosure, use or transfer of protected
               information
                 After section 202AB(4)(m) of the Disability
                 Act 2006 insert--
               "(ma) the Social Services Regulator;".
         355A Use, transfer or disclosure of information
              relating to disability services or disability
              service providers
                 In section 202AC(1)(f) of the Disability
                 Act 2006, after "section 97" insert "as in
                 force immediately before the commencement
                 of Part 4 of the Social Services Regulation
                 Act 2021".'.



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      (3) In section 356 of the Social Services Regulation
          Act 2021, for "section 39A(1)(b)" substitute
          "section 202AD(1)(b)".
267 Secretary may notify entities with functions under
    Disability Service Safeguards Act 2018 of matters
    relating to screening checks and clearances
           After section 141(1) of the Worker Screening
           Act 2020 insert--
         "(1A) The Secretary may make a disclosure under
               subsection (1)--
                   (a) on request made by a relevant entity; or
                  (b) on the Secretary's own initiative.".

  Division 3--Residential treatment facilities
268 Social Services Regulation Act 2021
           Before section 361 of the Social Services
           Regulation Act 2021 insert--
        "360A Division 1 of Part 6 repealed
                 Division 1 of Part 6 of the Disability
                 Act 2006 is repealed.".




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                    Part 7--Repeal of this Act



            Part 7--Repeal of this Act
269 Repeal of this Act
            This Act is repealed on 30 July 2025.
     Note
     The repeal of this Act does not affect the continuing operation of
     the amendments made by it (see section 15(1) of the
     Interpretation of Legislation Act 1984).
                   ═════════════




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                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Disability Act 2006 in relation to the Secretary's functions, the sharing of
      information, residential services, restrictive practices, compulsory
      treatment and other related matters, to amend the Residential Tenancies
      Act 1997 in relation to SDA enrolled dwellings, to amend the Disability
      Service Safeguards Act 2018 in relation to registration requirements, to
      amend the Social Services Regulation Act 2021 in relation to interviews
      and hearings for WCES service users, powers of entry and other related
      matters, to make consequential amendments to other Acts and for other
      purposes."




                 By Authority. Government Printer for the State of Victoria.




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